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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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Reconstruction of The Restitution Concept In Handling Corruption Cases Stenly Christian Tania; Sulbadana Sulbadana; Syachdin Syachdin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4875

Abstract

This research focuses on the reconstruction of the concept of restitution in handling corruption cases. restitution sanction is one of the sanctions that only exists in corruption crimes. this sanction has special characteristics in accordance with the spirit of eradicating corruption crimes, namely restoring state losses. the issues raised in this research are about the portrait of the construction of additional criminal sanctions for restitution payments in the Anti- Corruption law and the analysis of the reformulation of criminal sanctions for restitution payments in the Anti-Corruption law as criminal law reform. this research uses the normative legal research method of jurisprudence, with a qualitative approach to concepts, statutes and doctrines. The conclusion of the research is that the imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realize recovery efforts or recovery of state finances caused by criminal acts of corruption, The payment of restitution is imposed on the perpetrator of the crime of corruption in the amount of property obtained from the crime of corruption and the amount of property that has been transferred by the perpetrator to another party where the other party is not prosecuted and does not commit an illegal act of criminal law must still be sanctioned by restitution and the sanctioning of the perpetrator of the crime of corruption must use the classification of the perpetrator in the category of the position being held. In addition, the indictment against the crime of corruption must be accompanied by the formulation of a request for restitution sanctions against the perpetrators of corruption.
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.
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 Suardi, Suardi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Surahman Surahman Sutarman Yodo Syachdin, Syachdin Syafiuddin, Ikhsan Widodo Sugiharto