Anthon Freddy Susanto
Fakultas Hukum Universitas Pasundan, Bandung

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Journal : JURNAL LITIGASI (e-Journal)

MODEL PEMBERDAYAAN HUKUM LINGKUNGAN RELIGIUS – KOSMIK SEBAGAI UPAYA PELESTARIAN FUNGSI LINGKUNGAN HIDUP Mella Ismelina Farma Rahayu; Anthon F. Susanto; Liya Sukma Muliya
JURNAL LITIGASI (e-Journal) Vol 15 No 1 (2014)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (559.072 KB) | DOI: 10.23969/litigasi.v15i1.71

Abstract

This paper is derived from the results of research that seeks to elevate the values of Sundanese cultural wisdom in environment conservation efforts by building a model of environmental law with religious empowerment-based cosmic Watershed (DAS) based on the conception of Sundanese culture. This model emphasizes deemed necessary because the relationship between justice and ecological balance and social justice, equality and better accommodate a balance between social welfare and environmental harmony.It is also illustrated how human interaction with the environment with the objective picture of rural communities in implementing value if Ciomas ancestral cultural values in environment conservation efforts and how to implement the values of the Sundanese cultural wisdom in the formulation development of environmental law in Indonesia to be more characteristic of Indonesia. Keywords: Environmental; Sundanese Culture; Cosmic Religious.
PENELITIAN HUKUM TRANSFORMATIF PARTISIPATORIS: SEBUAH GAGASAN DAN KONSEP AWAL Anthon Freddy Susanto; Gialdah Tapiansari Batubara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1307.507 KB) | DOI: 10.23969/litigasi.v17i2.159

Abstract

Normative legal research-dogmatiek, and empirically-quantitative have a tendency to simplification is a waiver of the various aspects of the legal reality is complex, so the legal research dried aspects of values, symbols, meanings of cultural and human morality, do not even have a stunt action in therein. Dogmatiek normative-legal research and quantitative empirical research (both under the paradigm of legal positivism) only describes the relationship (mechanical) between the figures with the rules, principles and rigid principles. Abandonment-waiver so the result, damage to the legal system, social order, and the shattered lives of ecological (environmental) policies by formal law, more favorable power. We find a small community marginalization, displacement and judgment on behalf of the law that many countries do. Legal development that lead to the interests of a particular class or group that is powerful in society. On the one hand the construction of the law is too focused on policy and laws in effect only showing the construction of artificial, although the legislation that has a purpose a lofty goal, but minimal in achievement, especially were always raised to be behavior that appears in the legislation , Legal development was too focused on legislation that does not encourage participation public.Hukum lose the ability to explain their relationships with the community and cultural realities and ultimately the law fail to become a medium that can increase participation masyarakat.Dari various legal problems today, shows us, is required approach that is able to respond to change and certainly empowering communities that do not mampu.Oleh therefore legal research should be able to encourage community participation, open to a wide variety of approaches so as to provide a variety of solutions faced by society. Keywords: Concepts, Law Transformative Research-Participatory.
POLA PENEGAKAN HUKUM PIDANA BERDASARKAN NILAI-NILAI KEMANUSIAAN DALAM PERSPEKTIF ASAS MANFAAT Gialdah Tapiansari Batubara; Anthon Freddy Susanto
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.142 KB) | DOI: 10.23969/litigasi.v18i1.287

Abstract

[Enforcement Pattern Of Criminal Law Based On Humanity Values In The Utility Principal Perspective] The current Criminal Code is laden with weaknesses, so it is urgent to be replaced by a law-oriented Criminal Code that is closer to the characteristics of the Muslim law (Custom and Law Family), which features Indonesian characteristics (moving from the collective and personal order, reflecting the nation's political ideology ) of Pancasila. One of the selected Pancasila values ​​is humanitarian value. Human values ​​are values ​​that show respect for human beings, because they are essentially legal to human beings. In the realm of material criminal law, human values ​​are reflected in the principle of individualization of punishment (the principle of individuality, flexibility, modification, forgiveness, and culpability), as seen in the National Criminal Code Bill. Not accommodating humanitarian values ​​in the formulation stage will be fatal at the law enforcement stage, but it is also fatal if the error in the formulation stage is left at law enforcement stage, so it is necessary to nationalize the pattern of criminal law enforcement one of them based on humanitarian value, less focus on punishment, contain prevention strategies, strategies for imposition of prison criminal sanctions are ultimum remedium, benefit strategy and balance of interest protection and restoration of relations between perpetrators, victims, community and state, social defense strategy with a rational policy approach that includes the use of economic approach , productive action strategies and contribute to national development in order to realize the legal objectives of benefits. Keywords: Value, Humanity, Pancasila, Enforcement, Benefit.