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Criminal Law Reform Through the Classification: Toward a Restorative Sanctions in Indonesian Immigration Law Maidah Purwanti; Sigid Suseno; Idris Idris; Erika Magdalena Chandra
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21929

Abstract

The enactment of the National Criminal Code in 2023 marks a significant shift in Indonesia's sentencing policy by promoting the ultimum remedium principle and prioritizing fines as the main form of punishment. These reforms aim to address the long-standing problem of prison overcapacity caused by the overuse of prison sentences and to promote restorative justice. The National Penal Code introduces a structured classification of fines, providing clear categories to reduce sentencing disparities and anticipate economic fluctuations. This classification is intended to serve as a reference for specific legislation, including the Immigration Act, where the main criminal sanction consists of imprisonment with fines as an alternative or cumulative punishment. This normative juridical research examines the integration of the National Criminal Code fine classification into the immigration law enforcement framework in Indonesia. The findings of this study reveal that although administrative measures such as deportation are more often imposed in practice, the lack of deterrent effect is still a concern. Integrating fine classification into immigration administrative measures offers a balanced solution by combining procedural efficiency with the deterrent effect. This research recommends harmonizing administrative fines with the classification system in the National Criminal Code to enhance fairness, legal certainty, and deterrence of violations in immigration law enforcement while ensuring the protection of individual rights.
Does the International Community Have Efforts to Protect the Marine Environment from Seabed Mining? Idris Idris; Taufik Rachmat Nugraha
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1017.pp273-286

Abstract

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.