Nyoman Serikat Putra Jaya
Faculty Of Law, Universitas Diponegoro

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Journal : Unram Law Review

Pertanggungjawaban Pidana Dalam Tindak Pidana Lingkungan Hidup Yang Dilakukan Oleh Korporasi Pasca Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Fitriani Rahmadia; Hari Sutra Disemadi; Nyoman Serikat Putra Jaya
Unram Law Review Vol 4 No 1 (2020): Unram Law Review (Ulrev)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v4i1.86

Abstract

Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.
The Complexity Problem on the Law Enforcement by Indonesian Police Agency during the COVID-19 Pandemic Dwi Putri Hardiani; Nyoman Serikat Putra Jaya
Unram Law Review Vol 4 No 2 (2020): Unram Law Review (Ulrev)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v4i2.120

Abstract

In Indonesia, the COVID-19 pandemic can be a fundamental concern if it is not able to overcome its impact. This pandemic considered to be very influential in affecting and disturbing several fundamental aspects of a country, such as health, economic, legal aspect, defense and security, and etc. This study examined the complexity problem of law enforcement by the police officer during the COVID-19 pandemic. The method of this researchusesnormative legal research by prioritizing secondary data that analyzed descriptive qualitative analysis techniques. The results of this study indicate that the police are referred to the law that lives in the community because of the work of the police plays an important role in maintaining the security and defense of the community, the law enforcement, as well as providing protection, protection, and services to the community. This has placed the police in dealing with various dynamics of social changing including the current COVID-19 pandemic. However, the problem with police law enforcement in the current COVID-19 pandemic arises from the implementation of Large-Scale Social Restrictions (PSBB) policy, the complexity problem in law enforcement on PSBB, and the choice to the possible solutions.