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All Journal JURNAL HUKUM Diponegoro Law Review Journal of Development Research SIGn Jurnal Hukum
Maskun Maskun
Universitas Hasanuddin
Religion Humanities Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Environmental Legal Protection Against Mangrove Forest Destruction In Lantebung Area, Makassar City Hasriani Hamid; Muhammad Said Karim; Maskun Maskun
Journal of Development Research Vol. 6 No. 2 (2022): Volume 6, Number 2, November 2022
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v6i2.220

Abstract

This study aims to examine the position of environmental permits in the perspective of environmental crimes against cases of mangrove forest destruction in Makassar City. This study uses a normative-empirical research method, namely the type of normative legal research that is supported and equipped with empirical data. The research approach method used is the statutory approach and the case approach. The types and sources of data used are primary data and secondary data. Furthermore, both secondary and primary data were analyzed using qualitative analysis techniques and presented descriptively. The results of this research are: The position of environmental permits in the perspective of environmental crimes is an absolute thing to be fulfilled. The environmental permit which was originally regulated in UUPPLH has now been amended in a new regulatory provision, namely Article Number 11 of 2020 concerning Job Creation is an environmental agreement. The nomenclature is different, but the meaning remains the same, namely both environmental permits and environmental approvals are needed to limit the space for business actors to move so as not to deviate from the permits given.
Media Sosial dalam Proses Pembuktian Tindak Pidana Informasi dan Transaksi Elektronik Rionov Oktana; Syukri Akub; Maskun Maskun
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.252

Abstract

This study aims to examine and analyze social media accounts’ status and seizure procedures in the evidentiary process of cybercrime. This study uses normative legal research with a statute and case approach. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the status of social media as legal means of proof in the evidentiary process at trial is regulated in Law No. 11 of 2008 and Law no. 8 of 1981. Electronic evidence can be categorized as proof of indication by fulfilling the formal and material requirements regulated in Law No. 11 of 2008. Meanwhile, seizure procedures of social media accounts in the evidentiary process of cybercrime are preceded by searching mobile phone communication to obtain device specifications. Social media accounts, files, documents, and applications used by cybercrime perpetrators will be found in these specifications. Seizure of social media accounts is regulated in Article 43 section (3) of Law No. 19 of 2016, while the procedure is carried out based on Law No. 8 of 1981. Therefore, it is recommended that the government and law enforcement agencies issue implementing regulations regarding seizing social media accounts as legal means of proof in the evidentiary process of electronic information and transaction crimes. In addition, collaboration between the Ministry of Communications and Informatics and social media platforms is needed to handle more accessible and more efficient cases, mainly regarding seizures of social media accounts used by cybercrime perpetrators. On the other hand, it is necessary to expand the meaning of proof of indication as regulated in Law No. 8 of 1981 in order to be able to emphasize social media proof as a legal means of proof.
Implementation of FLEGT Licensing Scheme in Deforestation Law Enforcement: Improvements and Handling in Indonesia Muhammad Mutawalli; Maskun Maskun; Harlida Abdul Wahab; Andi Tenri Yeyeng
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.32210

Abstract

This study aims to determine the implementation of the Forest Law Enforcement, Governance, and Trade (FLEGT) licensing scheme in Indonesia, focusing on its improvements and handling in relation to deforestation law enforcement. The research method used is qualitative, with an empirical juridical, statutory, and contextual approach. The results of this study indicate that aspects of environmental law enforcement in Indonesia have not yet come to light. The responsible authorities and powers exhibit a tendency to supersede established regulations of environmental law enforcement regarding procedural requirements, remedies, and sanctions. Consequently, reforestation schemes and forestry restoration permits, which are intended to counteract the effects of deforestation, have proven to be ineffective. This ineffectiveness can be attributed to the ongoing industrial forestry activities carried out by companies and entrepreneurs, which lack the requisite procedures for ensuring accountability in environmental restoration.
GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Muhammad Mutawalli Mukhlis; Ahmad Masum; Maskun Maskun; Yusuf Ibrahim Arowosaiye; Eka Merdekawati Djafar
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
Co-Authors Ahmad Masum Eka Merdekawati Djafar Harlida Abdul Wahab Hasriani Hamid Muhammad Mutawalli Muhammad Mutawalli Mukhlis Muhammad Said Karim Rionov Oktana Syukri Akub Yusuf Ibrahim Arowosaiye