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All Journal Bestuur JHCLS
Hilaire Tegnan
Law School, William & Mary, Williamsburg, Virginia
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Mining Corruption and Environmental Degradation in Indonesia: Critical Legal Issues Hilaire Tegnan; Lego Karjoko; Jaco Barkhuizen; Anis H Bajrektarevic
BESTUUR Vol 9, No 2 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v9i2.55219

Abstract

Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.
Strategy for Implementing Operations to Handle the Crime of Narcotics Arif Purnama Oktora; Hilaire Tegnan
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.635 KB) | DOI: 10.53955/jhcls.v1i3.18

Abstract

Narcotics abuse is closely related to illicit trafficking as part of trans national organized crime. People become dependent so that the supply continues to increase. The relationship between dealers and victims is solidly bonded. It is difficult for victims to escape from dealer/s, even though victims are not frequently involved. This solid relationship between dealer/s and victim/s put the police in difficulty overcoming the crime. However, the West Jakarta Metro Police successfully manages to tackle that challenge. This research takes place in the West Jakarta Police Station. This article aims to explain the strategy for handling the 120 kg narcotics crimes by the West Jakarta Metro Police. The results of this study indicate that the attainment of the West Jakarta Metro Police depends on four things: (1) the pungent substance of the law on narcotics; (2) adequate law enforcement; (3) strategic programs in improving the competence of components of investigators; and (4) the existence of institution facilities and structures that support the case handling process.
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Ahmad Siboy; Sholahuddin Al-Fatih; Devi Triasari; Hilaire Tegnan
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
Co-Authors Ahmad Siboy Anis H Bajrektarevic Arif Purnama Oktora Devi Triasari Jaco Barkhuizen Lego Karjoko Sholahuddin Al-Fatih