La Ode Angga La Ode Angga
Fakultas Hukum Unpatti-Ambon

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The Harmonization of Authority of Supreme Court, Constitution Court, and the Judicial Commission La Ode Angga La Ode Angga
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 1 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no1.1203

Abstract

The Harmonization of the Authority between Supreme Court (MA) institutions The Constitutional Court (MK) and Judicial Commission (KY) is a must. It is done by way of revision of the Law of the Supreme Court, MK and KY for the harmonization of authority. However, if the revision finds a dead end, then the fifth amendment (5) of the 1945 Constitution of the State of the Republic of Indonesia (UUDNRI 1945) is limited to be reconstructed by the provision of Article 24B paragraph (1) of the 1945 Constitution by affirming the authority of KY clear so that it is not considered to interfere with judicial power. The harmonization can be done by adding an institution that oversees the authority of the Constitutional Court by performing reconstruction in Article 24B paragraph (1) so that there is no more tendency of absolute power. The supervised judge is a judge of the Supreme Court and the Constitutional Court.  Keywords: Harmonization, Authority, Supreme Court, Constitutional Court, Judicial Commission.
Legal Responsibility in the Pollution and Environmental Destruction Due to Gold Mining Exploitation in Botak Mountain of Buru Regency La Ode Angga La Ode Angga; Hasan Suat
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 4 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no3.1695

Abstract

From the case of environmental destruction and pollution that occurred in Buru Island, Maluku Province, the principle of civil liability or known as “obligation” or “aanspraakelijkheid” can be used for those who need assistance to the community and can be used for the principle of accountability. In the case of environmental destruction and pollution that occurs on Botak Island, Buru Mountain, the miners used mercury and cyanide to process minerals in obtaining gold. Based on Article 87 paragraph (1) UUPPLH, the obligation from this pollution can be qualified for the fulfilment of violation, including (a) committing an unlawful act; (b) The presence of environmental pollution and or damage; (c) cause harm to other people or the environment; and (d) is a responsibility and/or activity. Furthermore, to be able to fulfill the compensation according to civil law, Article 1365 of the Civil Code requires the existence of a onrechtmatigedaad or acts against the law, which contains: (a) the act violates the law; (b) the action is based on mistakes; (c) the consequences of these consequences;           Article 1365 of the Civil Code can indeed protect one's rights because a party has suffered from the actions of others that cause these disadvantages. Therefore, it is assumed that being against the law here outlines the existence of rights and obligations when committing an act, either an error or negligence or also injuring another person, and resulting in arising from other people.