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REFORMULATION OF GREEN VICTIMOLOGY ARRANGEMENTS IN THE LAW OF ENVIRONMENTAL PROTECTION AND MANAGEMENT THAT BETTER GUARANTEES LEGAL PROTECTION FOR THE ENVIRONMENT Ummu Salamah; Prija Djatmika; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3763

This research is motivated by Law Number 32 of 2009 on Environmental Protection and Management, which, in fact, remains limited accommodating the concept of green victimology in the regulation and handling of environmental crimes. Given the prevalence of environmental crimes whose perpetrators are not punished proportionately to the human and non-human losses caused, it is important to question the legal implications of applying the concept of green victimology to the legal protection of environmental victims in the Environmental Protection and Management Law and the regulation of green victimology in the Environmental Protection and Management Law that Better Ensures Legal Protection for the Environment. The type of research used by the author is normative legal research with an explanatory nature. Legal materials for analysis were obtained from primary legal sources in the form of criminal and environmental laws, as well as secondary legal materials from literature on environmental crime and green victimology. The research was conducted through literature review, using a legal and comparative approach, and analyzed qualitatively. The legal implications of applying green victimology in the Environmental Protection and Management Law (UUPPLH) encourage reforms in the definition of victims, the right to sue, recovery mechanisms, as well as sanctions and law enforcement that are more comprehensive and ecological justice. the regulation of Green victimology in the UUPPLH to ensure legal protection for the environment can begin with the reconstruction/reformulation of the UUPPLH by expanding the definition of victims to include the environment as a victim with the right to protection and selected as a subject of environmental law enforcement, up to expanding the definition of victims by including the environment as a victim with the right to protection and selected as a subject of environmental law enforcement.

PREVENTING MONEY LAUNDERING THROUGH ILLICIT ENRICHMENT POLICY REGULATORY: AN INDONESIA-MALAYSIA COMPARISON Arum Roselinda; Yuliati; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4274

This research explores the urgency of regulating illicit enrichment within Indonesia’s Money Laundering Law and identifies the ideal evidentiary mechanism to support its enforcement through a comparative analysis with Malaysia. Despite Indonesia’s ratification of the United Nations Convention against Corruption (UNCAC), the absence of explicit provisions on illicit enrichment weakens the country’s capacity to address disproportionate wealth among public officials. Law enforcement remains dependent on proving predicate offenses, which limits asset recovery and the deterrent effect of anti-money laundering efforts. Conversely, Malaysia, through the Malaysian Anti-Corruption Commission Act (MACC Act) 2009, has adopted a more progressive framework that integrates asset declaration, verification of wealth sources, and investigative authority, even without directly criminalizing illicit enrichment. Using a normative juridical approach combined with comparative and case analysis, this research finds that Indonesia requires a hybrid evidentiary model integrating the principles of legal certainty and responsive law. Such a system would establish clear statutory standards, an asset forfeiture framework, and adaptive mechanisms that enhance transparency, public participation, and accountability. Strengthening Indonesia’s anti-money laundering regime through the integration of illicit enrichment provisions would not only ensure early detection of unexplained wealth but also advance asset recovery and institutional integrity.

LEGAL PROTECTION FOR CHILDREN UNDER 14 (FOURTEEN) YEARS OLD AGAINST VIOLENCE OFFENDER (ANALYSIS OF GARUT DISTRICT COURT DECISION NUMBER 1/PID.SUS-ANAK/2024/PN GRT) Regina Monica Andriani; Harun Al Rasyid; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.4889

Garut District Court issued decision number 1/Pid.Sus-Anak/2024/PN Grt involving Akbar Rozak Alias Akbar who committed violence against the victim Agum Gumelar (deceased) until he died because he was annoyed by the victim who hit him hard while playing volleyball. The crime was committed by slashing 1 (one) cutter knife blade towards the victim's neck and right wrist and the victim was carried away by the Cimanuk River current. For his actions, the Panel of Judges imposed a correctional sanction for 1 (one) year at the Griya Bina Karsa Social Service Center-West Java Provincial Social Service in Cileungsi and participated in job training for 2 (two) months. This study aims to analyze the legal considerations (ratio decidendi) that have been used by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt and analyze the value of legal certainty and benefits for child perpetrators regarding the application of the law carried out by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt. The method used is normative juridical research with a case approach. The results of the study show that the Judge's considerations in decision number 1/Pid.Sus-Anak/2024/PN Grt which imposed sanctions on children were based on the principles of criminal law for children which are different from those for adults. The main focus is the best interest of the child, rehabilitation, and social reintegration. Several important elements in the legal considerations by the Judge consist of consideration of the principles of child protection, the age and maturity factors of the child, the severity of the violent crime committed, the child's attitude in court, recommendations from the Correctional Center, consideration of the type of sanctions, and the implementation of restorative justice. In decision number 1/Pid.Sus-Anak/2024/PN Grt in which the Panel of Judges imposed sanctions against the child, in fact the Panel of Judges did not explain the reasons for imposing other sanctions in the form of 2 months of job training. In fact, Akbar Rozak's child can only be subject to sanctions because he is not yet 14 years old. In addition, job training is one of the main types of punishment for children. So by simultaneously imposing sanctions in the form of action and criminal action against Akbar Rozak's child, it creates legal uncertainty, but on the other hand, imposing these sanctions can provide legal benefits for the child who committed the crime.

Wanita Dan Kejahatan : Antara Teori Dan Realitas Nurjaya, I Nyoman
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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The Living Law in Judicial Decisions: Formulation and Implications of the National Criminal Code Rian Sulistio; I Nyoman Nurjaya; Abdul Madjid
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15469

A good law is a law that is in accordance with the law that lives in the community (living law) and in accordance with the reflection of the values prevailing in the community. In its development, living law has been accommodated in Article 2 paragraph (1) of the National Criminal Code. This research analyzes the formulation of living law provisions in the community in the National Criminal Code and its implications for Judges in making legal considerations in their decisions. This research uses normative juridical research method with statutory, historical, conceptual, analytical, and case approaches. The results showed that the formulation of Laws Living in Society in the National Criminal Code contained 15 provisions with five variations of terms such as “laws living in society”, “norms of decency”, “values of law and justice”, “local customary obligations”, and “fulfillment of customary obligations”, then the implications of laws living in society in the National Criminal Code have consequences for Judges can be a reference for adjudicating cases involving customary law and additional legal considerations. Although there are no Government Regulations and Regional Regulations regarding laws that live in the community, Judges are still obliged to explore legal values and a sense of justice that live in the community.

IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Febri Fitra Kusuma; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1388

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."

IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Febri Fitra Kusuma; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1437

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."

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