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All Journal JURNAL CENDEKIA HUKUM Journal of Strafvordering Indonesian
Nurbeti Nurbeti
Universitas Bung Hatta
Law, Crime, Criminology & Criminal Justice

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ELECTION LAW ENFORCEMENT MODEL BY BAWASLU IN SIMULTANEOUS ELECTION IN WEST SUMATRA PROVINCE Helmi Chandra SY; Nurbeti Nurbeti; Resma Bintani Gustaliza
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.468

Abstract

Bawaslu has one function, namely to supervise and prevent violations in elections. The existence of Bawaslu has an important meaning in avoiding the occurrence of election violations through efforts to enforce election law. This research uses sociological juridical research method, which is done by studying primary data and secondary data. The primary data referred to is obtained directly from the field by conducting interviews with informants who are related to the discussion. From the research conducted, it can be understood that the model of law enforcement by Bawaslu in simultaneous elections in West Sumatra Province is carried out through the settlement of administrative violations, the settlement of violations of the code of ethics, and the settlement of election crimes. Meanwhile, the application of the ideal model of electoral law enforcement is carried out by the method of preventing violations and taking action against violations and disputes in the election process.
The Urgency of Environmental Criminal Law Reform in Ensnaring Corporations: A Case Study of Tin Ecological Crimes by Harvey Moeis Loso Judijanto; Nurbeti Nurbeti; Febrina Annisa; Resma Bintani Gustaliza
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aaf32b77

Abstract

This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.
Co-Authors Febrina Annisa Helmi Chandra SY Loso Judijanto Resma Bintani Gustaliza