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Journal : JURNAL HUKUM

PENEGAKAN HUKUM PIDANA DI BIDANG ILLEGAL LOGGING BAGI KELESTARIAN LINGKUNGAN HIDUP DAN UPAYA PENANGGULANGANNYA Bambang Tri Bawono; Anis Mashdurohatun
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.211

Abstract

Criminal Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been completed properly, In fact the government was impressed as if keen to eradicate illegal logging, while the court would release him diligently. development of environmental law in Indonesia. Constraints, the Indonesian legal system is still associated with the pattern of claims with losses that are real. Future losses can not be applied in real terms, therefore losses are not yet occurred, is still a problems of law in Indonesia. Illegal logging is highly impact on the state of ecosystems in Indonesia. Logging provides a very adverse impact surrounding communities, and even the world community. Losses caused by forest destruction is not only the economic value of damage, loss of lung Indonesia and the world, global warming, will be followed by climate change such as increased rainfall in some parts of the world, catastrophic floods and landslides, but instead in another hemisphere experiencing a prolonged drought.Keywords : Criminal Law Enforcement, Illegal logging, Environment
TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN Bambang Tri Bawono
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.209

Abstract

Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation
KEBIJAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN MALPRAKTIK PROFESI MEDIS Bambang Tri Bawono
Jurnal Hukum Vol 25, No 1 (2011): Jurnal Hukum Volume XXV, Nomor 1, Edisi April 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v25i1.204

Abstract

Criminal law policy in essence an attempt to create criminal legislation to fit the circumstances at a certain time (ius constitutum) and future (ius constituendum). Efforts to prevent and control crime is not just law enforcement duties, but also the task forces of law-making (legislative), even this legislative policy is the most strategic stages of the penal policy, therefore, faults / weaknesses of the legislative policy is a strategic mistake that a barrier to prevention efforts and crime prevention at this stage of the application and execution.From the results of this study concluded that the positive criminal law in Indonesia about the malpractices continue to show weakness in mitigation policy and shows also that the uniform criminal laws in the medical field is not working properly (Wetboek van Strafrecht, Health Regulations). As a parent rule of criminal law, Code number 29 of 2004 on the legal practice of Medicine as a primary rule in the medical field to come up with emphasis on uniformity and consistency in the formulation of crime, the right and responsibility for the crime so as to provide a sense of justice for victims and can be a deterrent effect and also the use of penal mediation as a regional medical crime constituendum ius in an effort to provide justice for those who become victims of crime in the medical field. This is related to the development of criminal law in many countries today, which is using the law of mediation as an alternative to solve the problems in the field of criminal law.Keyword : Medical Law Policy, Medical Profession