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All Journal AL-Daulah JUSTITIA JURNAL HUKUM Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL HUKUM dan KENOTARIATAN JURNAL RECHTENS PERSPEKTIF JUSTISI Journal of Law and Policy Transformation NEGARA DAN KEADILAN SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL JURNAL USM LAW REVIEW Academia Open Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education International Journal of Social Service and Research Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal Administrative and Environmental Law Review Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Bulletin of Indonesian Islamic Studies Journal of Global Pharma Technology International Significance of Notary LamLaj Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman Open Access DRIVERset
Mohammad Muhibbin
Universitas Islam Malang
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Other

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Flood Governance and Spatial Planning Failures in Batu City: A Socio-Legal Study on Risk Mitigation Muhibbin, Moh.; Muchsin, Slamet; Imawan, Riswandha; Bastomi, Ahmad
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4462

Abstract

Flooding remains a persistent threat in Indonesian urban areas, including Batu City, East Java, causing extensive physical, social, and economic impacts. This study examines flooding impacts and analyzes prevention and mitigation efforts from a socio-legal perspective, with a focus on governance and spatial planning. Using a qualitative sociological-legal approach, the study finds that recurrent flooding in Batu City is primarily driven by human-induced land-use changes and weak enforcement of spatial planning regulations. Conversion of protected forests into agricultural land and settlements has reduced water catchment capacity, while degradation of the Brantas River Basin, including sedimentation and river narrowing, exacerbates flood risk. Batu, Junrejo, and Bumiaji sub-districts are the most affected, with flood durations often exceeding three hours. The findings indicate that deficiencies in spatial planning governance and law enforcement are key institutional factors in flood vulnerability. This study contributes to environmental administrative law by linking spatial governance failures to disaster risk and offers policy recommendations for revising the Regional Spatial Plan (RTRW) and strengthening local flood mitigation regulations.
Legal Implications of the Installation of Road Portals by the Community in Sungai Toman Village Haryadi, Nudi; Muhibbin, Moh.; Isnaeni, Diyan
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.250

Abstract

Roads are key supporting facilities for land mobility, both for people and for land transportation vehicles transporting people and goods. Roads, as vital infrastructure, play a central role in supporting modern life. However, the function and sustainability of roads are often disrupted by various violations that harm the public interest. One form of violation of road utilization and management is the unauthorized installation of road portals.This research is a juridical-empirical legal study using a sociological juridical approach and a statutory regulatory approach (Stuttute Approach). The objectives of this research are to analyze and describe: (1) the government's role in regulating and supervising road portal installation, (2) the impact of road portal installation on public mobility, and (3) the legal implications of violations of road management and utilization. The data used are primary data from direct sources and secondary data from legal materials in the form of laws and regulations, scientific journals, and relevant documents. Data collection was conducted using interviews and literature review techniques. The research findings indicate that the installation of road portals in Sungai Toman Village constitutes a violation of the law regarding the implementation and utilization of road functions. In general, the government has the authority to regulate and supervise the installation of portals, the provisions of which are realized in Regional Regulation Number 29 of 2001 concerning Tonnage and Portals and Regional Regulation Number 9 of 2017 concerning the Implementation of Public Order. The installation of these portals has an impact on various aspects of community life, including impacts on public mobility, economic and commercial mobility, as well as impacts on social dynamics and horizontal conflict
Expert’s Testimony Evidence in the Criminal Justice Process in Indonesia Prananto, Iksan; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.42

Abstract

This study aims to analyze the position of expert testimony as evidence in the criminal justice process. The type of research in this research is normative. The nature of the research is descriptive. The results of his research are that the position of expert testimony as evidence is basically a gate, especially for investigators in determining whether this gate will be opened or not or whether will it last first. What an expert explains is the conclusions from a known situation according to his expertise. Thus, the substance of the expert's statement becomes the investigator's authority to evaluate it at the investigative level. Because, sometimes in the investigation process expert testimony is sidelined because the witness testimony is more dominant, of course, this will affect the process of proving the trial.
Status Of Corruption Acts Under The Indonesian Criminal Law System Nur Azizy, Ahmad; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.51

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Status Of Pretrial Institutions In Indonesian Criminal Law Prasnada, Famda Egga; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.54

Abstract

This study aims to describe the position of pretrial institutions in the study of criminal law in Indonesia and to analyze the implementation of pretrial institutions as legal remedies for suspects in obtaining justice at the level of investigation and prosecution. This is a normative legal research, which examines statutory regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to the suspect's efforts to obtain justice through the Pretrial Institution. The results of the study state that pretrial is one of the new institutions introduced since the existence of Law Number 8 of 1981 concerning the Criminal Procedure Code in the midst of law enforcement life. Pretrial Institution arrangements in the Criminal Procedure Code are listed in Article 1 point 10, Chapter X Part One from Article 77 to Article 83. The position of the Judicial Institution in Indonesian positive law is part of the criminal justice system, as well as being part of law enforcement in abstracto or in concreto. In practice, pretrial is usually carried out in a rule of law country like Indonesia as long as the investigation process is carried out based on the provisions of the Criminal Procedure Code, although not all pretrial decisions are won by the suspect or the party submitting them. In the process of pretrial examination hearings, of course, the facts, both juridical and material facts, will be considered.
Criminal Actions Of Illegal Logging In The Perspective Of Forestry Law Wibawa, G.M. Angga Satrya; Muhibbin, Moh.; Parmono, Budi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.55

Abstract

This research aims to describe the regulation of illegal logging in Indonesian positive law and to analyze how illegal logging is in the perspective of Indonesian criminal law. It is a normative legal research, which examines laws and regulations in a coherent legal system with the values ??contained in the Forestry Law Number 19 of 2004 and Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction, The research results show that illegal logging is regulated in the Forestry Law, namely Forestry Law No. 19 of 2004, changes to Law no. 41 of 1999 became a Law as an instrument in tackling illegal logging crimes. Then Regulation of the Minister of Forestry Number: P.30/Menhut-II/2012 concerning Administration of Forest Products originating from Private Forests. The government also enacted Law no. 18 of 2013 concerning Prevention and Eradication of Forest Destruction as statutory regulations, and is the implementation of Law no. 14 of 1999. Illegal logging sanctions are emphasized in the Forestry Law in the form of criminal sanctions given to those who carry out illegal logging, according to Law no. 18 of 2013 with a maximum prison sentence of 15 years and a maximum fine of IDR 100 billion.
Detention Of Suspects Under The Indonesian Criminal Law Anzhari, Anzhari; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.56

Abstract

The research aims to describe the provisions of Indonesian criminal law regarding the detention of suspects and to analyze the legal protection of suspects during detention in terms of Indonesian criminal law. This research is a normative legal research, which examines laws and regulations in a coherent legal system and legal values ??related to the detention of suspects in the study of Indonesian criminal law. The results of the study show that the provisions for detaining suspects are regulated in Article 1 point 21 of the Criminal Procedure Code of Criminal Procedure. While in detention, suspects can exercise their rights in accordance with articles 50 to 68 of the Criminal Procedure Code (KUHAP).l protection is always associated with the concept of rechtstaat or the concept of the Rule of Law because the birth of these concepts cannot be separated from the desire to provide recognition and protection of human rights. A suspect has rights at the time of detention that are guaranteed by law, such as the right to receive and read a Detention Warrant or a Judge's Order which lists the identity of the suspect or defendant and states the reasons for the detention and a brief description of the crime case being suspected or charged and the place where he is being detained in accordance with Article 21 paragraph (2) Criminal Procedure Code.
Granting Of Criminal Sanctions Against Children Consumpting Narcotics Ediwan, Elche Angelina; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.57

Abstract

This research aims to describe the regulation of Narcotics criminal acts according to positive law in Indonesia and those responsible for criminal sanctions against children who use Narcotics according to Law Number 35 of 2009 concerning Narcotics’ This research is normative legal research, descriptive in nature, statutory approach, consisting of primary, secondary and tertiary legal materials. Qualitative analysis is carried out systematically in order to get answers to problems. The results of the study stated that the regulation of narcotics crimes began with Law No. 9 of 1976 which prohibited the manufacture, storage, distribution and use of narcotics. Then Law No. 22 of 1997 with a wider scope, the criminal threat is made worse in the form of the death penalty. Then Law no. 35 of 2009, prohibits possessing, storing, controlling or providing Narcotics and Narcotics Precursors; the act of producing, importing, exporting, or releasing Narcotics and Narcotics precursor; acts in the form of offering to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over Narcotics and Narcotics precursors; and acts in the form of bringing, sending, transporting or transiting Narcotics and precursors. Criminal sanctions for children who use Narcotics are regulated in Law No. 3 of 1997 concerning Juvenile Courts and Law No. 35. Children who commit Narcotics crimes can be sentenced under Article 127 of Law No. 35 of 2009 in conjunction with Article 22 of Law No. 3 of 1997 amended to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Prison sentence that can be written off for Narcotics children is no longer than ½ (one half) of the maximum prison sentence for adults.
Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment Chaidir, Noor; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.58

Abstract

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.
Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law Monikasari, Shandra; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.60

Abstract

This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).
Co-Authors Abdul Rokhim Achmad Eka Yougi Ardata Amar, Gays Anastacio Mendonça Ansyah, Yudi Anzhari, Anzhari Arthawidjaja, I Gusti Lanang Asyhari, Syahrullah Bastomi, Ahmad Budi Parmono Budi Parmono Chaidir, Noor Ediwan, Elche Angelina Fahrizen Fahrizen Falah Ilmania, Nurika Fernandez, M. Rizky Firman Adiansyah Hanafi Arief, Hanafi Haryadi, Nudi Hasan Basri Holil Holil Ike Yuvayanti Ilham Fauzi Prakoso Irawan, Dendik Isnaeni, Diyan Jamburi, Ahmat Jaya, Hendro Kusuma Kilihu, Lia Rosa Fauziah Kurniawan, Rudi Eko Limsira, Patthara Mahendra, Oeny Angga Mat Hasan Misranto Mochamad Ali Fajar Monikasari, Shandra Mursid Mursid Mustajib, Mustajib Muzizat, Luluk Kamim Nofi Sri Utami Nur Azizy, Ahmad Nur Hasan Parmono, Budi Prananto, Iksan Prasetiawan, Andik Prasnada, Famda Egga Pratiwi Wiranita, Indriet Rahmat, Fabitul Rahmatul Hidayati Rifatun Nuriyah Riswandha Imawan Rokhim , Abdul Rosadi, Herry Ruwiyono, Ruwiyono Shofiatul Jannah Simonda, Paulus Kostan Slamet Muchsin Subandi Subandi Sumarto, Mufti Eky Juliansyah Sunardi Sunardi Sunardi Supaat, Joko Suratman Suratman SYAIFUL BAHRI Syamsu Madyan Thariq, Muhammad Aqwam Umar Sahid Sugiharto Umar Said Sugiharto Utami, Nofi Sri Wanura, Gabriel Ibrizul Wibawa, G.M. Angga Satrya Wicaksono, Moch.Yuris Wulan, I Gusti Kencana