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The Urgency Of Regulating Elements Of Community Participation In The Toll Road Investment Process In Indonesia simon simon; Triono Eddy; ramlan ramlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5984

Abstract

The development of toll road infrastructure in Indonesiais one of the national priorities to support economicgrowth and mobility. However, the success of this projectdepends not only on government and investor policies, butalso on the active participation of the community. Publicparticipation in toll road investment can increasetransparency, accountability, and project sustainability.This study aims to examine the urgency of regulatingelements of community participation in the toll roadinvestment process in Indonesia. The research methodused is normative juridical with an approach to analyzinglaws and regulations and case studies. The results of thestudy show that clearer and more comprehensive publicparticipation arrangements are needed to create aninclusive and sustainable investment environment. Thearrangement must include a public consultationmechanism, information transparency, and protection ofthe rights of affected communities. Thus, communityparticipation not only strengthens the legitimacy of theproject, but also contributes to the long-term success ofinfrastructure development in Indonesia
Legal Justice in Returning Losses to Victims of Illegal Investment Criminal Acts Bambang Santoso; Muhammad Arifin; Ramlan Ramlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Regarding Legal Justice in Restitution of Victims of Criminal Acts, further provisions regarding the procedure for carrying out conditional sentences (voorwaardelijke veroordeling) are regulated in Article 276 of the Criminal Procedure Code which states: "In the event that the court imposes a conditional sentence, its implementation shall be carried out with serious supervision and observation and in accordance with the provisions of the Law." According to Muladi, conditional sentences (voorwaardelijke veroordeling) are a form of humane criminal law, namely by prioritizing prevention, not only oriented towards actions but also towards people who commit crimes, which are tat-tatterstrafrecht, placing social welfare as the ultimate goal, oriented towards the future. The mechanism for applying compensation is also regulated in Article 275 of the Criminal Code which states: "If more than one person is convicted in one case, then the court costs and/or compensation as referred to in Article 274 shall be borne by them jointly in equal proportions". The explanation is explained as follows “Because the defendants in the case referred to in this article are jointly sentenced because they are accused of committing a crime in one case, it is reasonable if the court costs and/or compensation are borne jointly in equal proportions