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Journal : MAGISTRA Law Review

CRIMINAL LAW ENFORCEMENT POLICY ON MINERAL AND COAL MINING BUSINESSES Andre Birawa; Liliana Tedjosaputro
MAGISTRA Law Review Vol 1, No 02 (2020): MAGISTRA Law Review
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/malrev.v1i2.1619

Abstract

The implementation of the criminal law enforcement policy on mineral and coal mining businesses (minerba) still occurs several violations of Article 158 of the Law of the Republic of Indonesia No 4 of 2009 (minerba Law). This journal aims to find out and analyze: 1) criminal law policy in law enforcement on illegal mining businesses according to the Minerba Law, and 2) current law enforcement constraints and future improvements. The normative juridical research approach places secondary data, in the form of primary legal material (Minerba Law) as the main material. Meanwhile, primary data acts as supporting analysis, which is obtained using interview techniques. Secondary data was obtained through the study of legal literature, especially Case No. 237 / Pid. Sus / 2018 / PN Jpa. The entire dawas ta was analyzed using descriptive qualitative methods. Results: (1) Minerba Act, qualified as administrative criminal law. The criminal provisions are regulated in 8 articles with the threat of imprisonment, confinement and fines. (2) Law enforcement constraints from the Legal Substance dimension is the equalization of all mining activity permits in the form of Mining Business Permits. The legal structure perspective, demands large funding requirements. Internal Legal Culture experiences obstacles in coordination between Police investigators and PPNS. Externally, it explains that people prioritize economic value. In the future, a Rock Mining Permit is required, consistency in the application of article 158 and solid coordination between police and ESDM investigators, as well as education on environmental values.
JURIDICAL ANALYSIS LOSS OF AB INTESTATO HEIRS RIGHT AS A RESULT OF UNREGISTERED MARRIAGE Saji Saji; Liliana Tedjosaputro
MAGISTRA Law Review Vol 1, No 01 (2020): MAGISTRA Law Review
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/malrev.v1i01.1409

Abstract

Inheritance law is part of civil law as well as part of family law. it regulates the transfer of assets left by someone who dies and the consequences for the heirs in family relations or with third parties. In one case, a marriage that was not recorded was invalid. The results of the study concluded that the consequences of marriage were not recorded as marriages that were never considered to exist. What was the legal consideration of the judge in deciding this case? Marriage is legal if it is done in accordance with their respective religions and beliefs, so each marriage must be registered. Because the marriage was not registered, it was not legal so the lawsuit was granted in full. According to the authors of marriages that are not recorded remain valid, legal marriages are marriages conducted in accordance with their respective religions and beliefs. This lawsuit should have been completely rejected because the Plaintiff as a father does not have a legal position, heirs must be sons and husbands and not fathers.