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All Journal The Spirit of Society Journal : International Journal of Society Development and Engagement HUKUM BISNIS Devotion: Journal of Research and Community Service International Journal of Social Service and Research JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Journal of Management, Accounting, General Finance and International Economic Issues (MARGINAL) International Journal on Advanced Technology, Engineering, and Information System (IJATEIS) Journal of Social Science Asian Journal of Social and Humanities International Journal of Social Science and Community Service
Marleno, Risma
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Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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Journal : HUKUM BISNIS

 1 
DISKRESI PENEGAK HUKUM DALAM PENERAPAN PREJUDICIEEL GESCHIL Marleno, Risma; Rumihin, Ony Frengky; Arwanto, Bambang
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Law enforcement discretion is an essential instrument in judicial practice that provides flexibility for judges or law enforcement officials to make decisions based on juridical, moral, and propriety considerations, outside of rigid legal provisions. One of its strategic applications is in prejudicieel geschil, which is a mechanism to postpone the examination of criminal cases until there is a civil case decision that has a substantial relationship with the subject matter of the criminal case, which aims to prevent contradictions in decisions between courts. This mechanism is regulated in Supreme Court Regulation Number 1 of 1956 and Supreme Court Circular Letter Number 4 of 1980, which distinguishes two forms of prejudicieel geschil, namely question pre judicielles a l action (mandatory delay) and question prejudicielles au judgement (facultative delay). Based on normative legal research with a statute approach and conceptual approach. Keywords: Discretion, Law Enforcement, Prejudicieel Geschil
PERLINDUNGAN HAK ULAYAT MASYARAKAT HUKUM ADAT DALAM KEGIATAN PERTAMBANGAN Rumihin, Ony Frengky; Marleno, Risma
Jurnal HUKUM BISNIS Vol 10 No 2 (2026): Volume 10 No 2 2026
Publisher : Fakultas Hukum Universitas Narotama

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This study examines the position of customary rights in the context of mining permit conflicts in Indonesia. Although customary rights have been recognized in various regulations, including the 1945 Constitution and the Basic Agrarian Law (UUPA), in practice, these rights are often ignored in the mining permit granting process. Conflicts arise when mining permits are issued for land that falls within the customary rights area of indigenous peoples, without involving them in the decision-making process. The purpose of this study is to determine the position of customary rights in relation to mining permits and the challenges faced by indigenous peoples in defending their rights. The results of this study show that although the customary rights of indigenous peoples are recognized in various regulations, this recognition is often not consistently applied in the practice of mining licensing. Indigenous peoples are often not involved in the licensing process, and their customary rights are often ignored when permits are granted for the exploitation of natural resources in their territories. This has led to conflicts between indigenous peoples and mining companies and the government. Keywords: Land, Customary Rights, Indigenous Peoples, Mining.
PENEGAKAN HUKUM TINDAK PIDANA PERTAMBANGAN TANPA IZIN DI INDONESIA Marleno, Risma; Rumihin, Ony Frengky
Jurnal HUKUM BISNIS Vol 10 No 2 (2026): Volume 10 No 2 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Law enforcement against illegal mining in Indonesia is an important issue because of its impact on the environment, economy, and community welfare. Illegal mining is a serious crime that can damage ecosystems, disrupt the sustainability of natural resources, and create social injustice. The legal framework governing illegal mining in Indonesia is regulated in Law No. 4 of 2009 concerning Mineral and Coal Mining (Minerba Law) and its subsequent regulations, as well as Law Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law), which stipulates that mining activities can only be carried out by parties that have a valid permit from the government. Violations of these provisions are subject to criminal sanctions, both in the form of imprisonment and fines. The research method used in this study is a normative legal research method with a regulatory and conceptual approach. This study aims to examine the legal construction of unauthorized mining crimes based on Indonesian legislation. The results of the study show that even though there are strict regulations, law enforcement against illegal mining still faces various obstacles, including suboptimal supervision and low public awareness. Therefore, it is recommended that the government tighten supervision, increase socialization, and impose stricter sanctions to combat illegal mining. Keywords: Construction, Criminal Offenses, Mining
Co-Authors Arief Budiyanto Arwanto, Bambang At Taufan, Salman Atros, Pahridal Bonny, Apde Cahyono, Bagus Denastyan Agpenta Putra, Videla Deru, Arnolda Didik Purnomo, Didik Edwin Octavianto Saputra Fairuz Rahman, Refa Fathony Maulidy, Ahmad Hariyanto, Tri Perwira Harris, Oscar HARTAWAN, DEDY SUGI Irniawan, Dodik Jadmiko, Fikri Mashudi, Anang Miftakhul Arifin Muhammadun, Haris Novalia, Kiki Devita Nugroho, Deden Oetomo, Wateno Patanduk, Apriyanto Iring Riezki Latif, Helmi Rini Rahmawati, Rini Rival Sibuea, Josep Rizky Haris, Ahmad Rumihin, Ony Frengky Rusida, Dukha Rusmin Rusmin S Siswanto Sari, Anindya Novita Setyawan, Dhimas Triadi Siswanto Sundana, Hari Sundari Sundari suparjan suparjan Zein, Fikri Haikal