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All Journal Legal Opinion AKTUALITA FIAT JUSTISIA: Jurnal Ilmu Hukum Plano Madani : Jurnal Perencanaan Wilayah dan Kota Diponegoro Law Review Sriwijaya Law Review International Journal of Supply Chain Management Pena Justisia: Media Komunikasi dan Kajian Hukum Cepalo El-Iqtishady IBLAM Law Review Administrative and Environmental Law Review Journal Evidence Of Law Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) Indonesia Law Review (ILREV) SASI Tadulako Social Science and Humaniora Journal Tadulako Master Law Journal
Sulbadana Sulbadana
Program Studi Ilmu Hukum Jurusan Ilmu Hukum Fakultas Hukum Universitas Tadulako Palu
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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Legal Reform on Rock Mining Governance: the Dual Liability Model For Protecting Environmental Rights in Palu–Donggala Rosdian, Rosdian; Sulbadana, Sulbadana; Lanini, Agus; Suardi, Suardi; Supriyadi, Supriyadi
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.v6i2.4472

Abstract

Addresses the urgent need for a legal framework to regulate rock mining in the geologically fragile Palu–Donggala coastal region, where exploitation often conflicts with the constitutional Right to a Good and Healthy Environment (Article 28H of the 1945 Constitution). It examines the failure of local governments to fulfill their obligation to protect citizens’ rights and the ineffectiveness of existing sanctions. Using a normative legal (juridical-normative) method with constitutional, progressive human rights, and conceptual approaches, the research analyzes ius constitutum and ius constituendum through doctrinal interpretation. The research formulates the Dual Liability Model, which holds corporations financially accountable for ecological losses and local governments legally responsible for rights violations. This model promotes the use of Environmental Carrying Capacity (ECC) as an absolute veto in licensing, ensuring stronger environmental governance and effective restoration of citizens’ rights in disaster-prone regions..
ANALISIS DAMPAK LALU LINTAS UNTUK MEMASTIKAN KELANCARAN ARUS TRANSPORTASI DI KABUPATEN MOROWALI UTARA Prasetyo, Budi; Sulbadana, Sulbadana; Rampadio, Hamdan
TADULAKO MASTER LAW JOURNAL Vol 9 No 3 (2025): OCTOBER
Publisher : Universitas Tadulako

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Abstract

This study examines the urgency of Traffic Impact Analysis (TIA) in development projects to ensure safety and prevent traffic congestion on roads, particularly in new autonomous regions such as North Morowali Regency. As a newly established regency, North Morowali faces significant challenges in improving land transportation infrastructure, which is essential for development and economic growth. However, the pace of development must be integrated with the principles of sustainable development that balance development needs, economic growth, and environmental preservation, including the impact on land use. The method used is empirical juridical, which combines normative analysis (written and unwritten law/secondary data) regarding Andalalin regulations with primary data from the field to see how Andalalin is implemented in law enforcement regarding building construction. The results and discussion show that development, which encompasses material and human aspects, often creates a dilemma between economic growth and negative impacts on the environment and social inequality, requiring attention to issues of income distribution, poverty, and justice. In the context of transportation, any change in land use (such as the construction of office buildings, hotels, or other public facilities) has the potential to generate new traffic that disrupts the smooth flow and safety of traffic. Andalalin is a crucial instrument for predicting the traffic impact of regional development. It determines the necessary traffic engineering and infrastructure improvements (e.g., provision of sufficient parking space). It aligns land use decisions with traffic conditions, in line with the principles of sustainable development. Therefore, Andalalin is a strategic and fundamental requirement that must be strictly implemented in North Morowali to ensure that physical infrastructure development can support economic acceleration without compromising safety, traffic flow, and environmental quality.
Restorative Justice in The Application of Criminal Acts Through Police Discretion Based on Local Wisdom Sugiharto, Widodo; Yodo, Sutarman; Sulbadana, Sulbadana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4484

Abstract

This research aims to: (1) Understand and analyze the application of Discretion by the Police in resolving criminal acts. (2) Understand and analyze whether Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. (3) Understand and analyze whether Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. This research uses a normative-empirical research type. The use of this research type is based on the formulation of the problem proposed as a logical consequence of the research legal issue in the background of the problem. This research type is used in accordance with the formulation of the proposed problem. Research results: (1) The application of Discretion by the Police in resolving criminal acts. Criminal law enforcement with the authority of Police Discretion, in its implementation prioritizes the Restorative Justice approach, namely the resolution of criminal cases by involving the perpetrator, victim, perpetrator/victim's family and other related parties to jointly resolve fairly by emphasizing restoration to the original state. (2) Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. Discretion based on the Restorative Justice approach is a paradigm that can be used as a framework for handling criminal cases through the conventional criminal justice system in Indonesia. Police Discretion based on Restorative Justice, handling criminal cases based on the National Police Chief Circular Number: SE/8/VII/2018 dated July 27, 2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, which serves as a guideline for Investigators in resolving cases through Restorative Justice at the investigation and investigation level. (3) Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. The revitalization of Local Wisdom is a strategy used to revive community traditions and culture so that they can be used as an alternative by the Police in resolving criminal acts. Through Restorative Justice originating from Police Discretion.
Co-Authors Adam Malik Ahmad, Asria Wayuni Ali, Agustina Amar Akbar Ali Aminuddin Kasim Andi Intan Purnamasari Andi Iskandar Artha Perdana, Budi Asri Lasatu Asriyani, Asriyani Awaliyah , Awaliyah Awaliyah, Awaliyah Budi Prasetyo Gunawan Arifin Hamdan Rampadio Hamdan, Hendro Haniyatul Husna binti Md Mohtar Hilda Hilda Insarullah, Insarullah Irwansyah Irwansyah Irwansyah Irwansyah Kasim , Aminuddin Lanini, Agus Lembang Palipadang M. Hatta Roma Tampubolon M. Yasin Nahar Nursiah Moh. Yunus Rahmat Bakri Rosdian Rudy Gosal Saharuddin3, Saharuddin Stenly Christian Tania Sugiharto, Widodo Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Surahman Surahman Sutarman Yodo Syachdin, Syachdin Syafiuddin, Ikhsan Widodo Sugiharto Yodo, Sutarman