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All Journal Pandecta Forum Ilmu Sosial Jurnal Yustitia Jurnal Hukum Saraswati International Journal of Applied Science and Sustainable Development (IJASSD) YUSTHIMA Media Bina Ilmiah Indonesia Law Reform Journal (ILREJ) Innovative: Journal Of Social Science Research At-Tanwir Law Review INVENTION: Journal of Intellectual Property Law
Lesza Leonardo Lombok
Universitas Negeri Manado
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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ANALISIS HUKUM ASAS PENCEMAR MEMBAYAR SEBAGAI TANGGUNG JAWAB KORPORASI DALAM TINDAK PIDANA LINGKUNGAN Lisa Tumilantouw, Ursula; Junita Melo, Isye; Leonardo Lombok, Lesza
At-Tanwir Law Review Vol 5, No 1 (2025): Februari 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i1.4307

Abstract

One of the principles that deserves serious attention in environmental law enforcement is the "polluter pays principle," which means that any business actor whose activities cause environmental pollution and/or damage is obligated to bear the full cost of its restoration. However, many courts in Indonesia have yet to apply this principle firmly in various cases. Therefore, this research aims to comprehensively explain the regulation of the polluter pays principle in Indonesian legislation and its implementation in environmental cases. Using a normative legal research method, the author finds that the polluter pays principle is explicitly regulated in various environmental laws in Indonesia, particularly in Law No. 32 of 2009. For corporations, the implementation of this principle includes legal responsibility for environmental damage, the internalization of environmental costs into production processes, and the provision of guarantee funds. However, its enforcement remains weak, as illustrated by the case of mangrove destruction in the Bunaken National Park, where the imposed fine was too low and not accompanied by a restoration obligation, thus failing to provide a sufficient deterrent effect.
ANALISIS HUKUM PUTUSAN LEPAS DARI SEGALA TUNTUTAN (ONSLAG VAN ALLE RECHTSVERVOLGING) PADA PERKARA PERTAMBANGAN Wahyuni Kangiden, Sri; Leonardo Lombok, Lesza; Engeline Pijoh, Feibe; Irene Lombok, Claudia
At-Tanwir Law Review Vol 5, No 1 (2025): Februari 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i1.4304

Abstract

Within the framework of a constitutional state, the judiciary holds a pivotal role in upholding the rule of law and ensuring justice through an independent and impartial judicial process. Among the various types of court rulings, the verdict of release from all legal charges (onslag van alle rechtsvervolging) is one that frequently provokes legal and public debate. This study investigates such a verdict in an illegal mining case that occurred in Ratatotok Dua Village, North Minahasa Regency, North Sulawesi, involving three defendants and adjudicated by the Tondano District Court. Despite the court establishing that the defendants' actions were proven, the panel of judges concluded that those actions did not constitute a criminal offense under the applicable laws, thereby issuing a release verdict. The objective of this research is to critically examine the legal grounds and judicial reasoning behind the issuance of the release verdict, as well as its broader implications for the enforcement of mining laws in Indonesia.
ANALISIS HUKUM INTERVENSI KEMANUSIAAN ORGANISASI INTERNASIONAL DALAM KONFLIK UKRAINA DAN RUSIA Gea, Kurniawati; Lombok, Lesza Leonardo; Saroinsong, Sam Julius Richard
Jurnal Yustitia Vol 20 No 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1454

Abstract

Efforts to prevent or stop human rights violations in a country, either with or without the consent of the country (a country in internal conflict), are known as interventions, with the aim of analyzing the contribution of international organizations in dealing with humanitarian issues during the course of the conflict. Apart from that, this research also evaluates the effectiveness of these interventions in supporting peace efforts and protecting the rights of affected residents. The research method used is a normative research method with a conceptual approach and a comparative approach. This research examines the role of international organizations in humanitarian intervention related to the conflict between Russia and Ukraine. One of the main focuses is the role of the United Nations (UN) in efforts to resolve the conflict and enforce the humanitarian crisis that occurred. The results of this research are that humanitarian intervention by international organizations in the Ukrainian and Russian conflicts is very important in increasing the suffering of the civilian population. Despite facing various challenges such as limited access and pollution for aid, food, medical and protection efforts for seriously injured victims.
ASAS MILITARY NECESSITY PADA KONFLIK BERSENJATA UNTUK MELINDUNGI PENDUDUK SIPIL Sompotan, Nexel Yosua; Lombok, Lesza Leonardo; Kasenda, Marven Ajels
Jurnal Yustitia Vol 20 No 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1455

Abstract

Military Necessity is a fundamental principle in international humanitarian law that permits military actions necessary to achieve legitimate military objectives, but must still limit harm to civilian populations and civilian infrastructure. This study aims to analyze the application of this principle in contemporary armed conflicts, focusing on efforts to protect civilians. The research examines the Geneva Conventions, Additional Protocols, and case studies of modern conflicts to understand the relationship between Military Necessity and the principle of proportionality, as well as the challenges that arise in its implementation, particularly in asymmetric conflicts where combatants and non-combatants are often blended. The findings suggest that while this principle is widely accepted, its application still frequently presents challenges that lead to violations of international humanitarian law. Therefore, recommendations to strengthen the implementation of this principle should be considered in order to enhance protection for civilians in armed conflicts
PERLINDUNGAN HUKUM HUMANITER INTERNASIONAL TERHADAP WARTAWAN DALAM KONFLIK BERSENJATA Polii, Miracle Sangkoy; Lombok, Lesza Leonardo; Lumenta, Henry Noch
Jurnal Yustitia Vol 20 No 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1461

Abstract

This study examines the protection of international humanitarian law for journalists working in armed conflict situations. Journalists, as key actors in providing information to the global public, often face serious dangers when covering armed conflicts. This raises questions about the effectiveness of existing international legal protections for them. This research employs a normative legal approach by reviewing international regulations such as the 1977 Additional Protocol I to the Geneva Conventions and Article 4A(4) of the 1949 Geneva Convention III, which provide protection for journalists in war zones. Although international humanitarian law regulates the protection of journalists, field practices show that violations of journalists’ rights still frequently occur. Based on these findings, this study recommends strengthening the implementation of international humanitarian law and increasing global awareness of the importance of protecting journalists in conflict areas. The results of this research are expected to contribute theoretically to the development of humanitarian law and provide practical benefits for journalists carrying out their duties in armed conflict zones.
LEGAL ANALYSIS OF DRUG ABUSE LAW TREATMENT THROUGH A RESTORATIVE JUSTICE APPROACH TO THE COUNTRY'S ECONOMY Gumalang, Ariel Hermanus; Lombok, Lesza; Pijoh, Feibe Engeline
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9429

Abstract

Law evolves continually from the past to the present, aiming to improve various aspects, particularly the implementation of justice. One significant development is Restorative Justice, which shifts the focus in the criminal justice system towards justice for both victims and perpetrators, including alternative punishments like social work. The term "narcotics" often causes people to recoil in fear due to the severe negative impacts and numerous victims associated with these illegal substances. This concern extends widely, particularly among parents who worry about their children's associations. Recently, the issue has escalated to become a widespread concern for all segments of society. this research is to find out the regulations for the use of restorative justice in drug abuse cases and to determine the effect of criminal acts of drug abuse on the country's economy. By using normative legal method, the author finds that Restorative Justice is a shift in the criminal justice system that prioritizes justice for both victims and perpetrators, including alternative punishments like social work. It is regulated by various laws and emphasizes rehabilitation for narcotics abusers, recognizing them as both perpetrators and victims. The illegal drug trade has increased social, health, and economic impacts, with drug abuse leading to crime and social insecurity. Economic pressures drive abusers to commit crimes such as theft and robbery. According to data, Indonesia's state losses due to drugs have significantly risen, reaching IDR 84.7 trillion in 2017. Additionally, the UNODC reported a three-fold increase in opium production since 2006 in Southeast Asia's Golden Triangle, threatening regional stability and law enforcement.
IMPLEMENTATION OF THE DESIGNATION OF NICKEL MINING AREA IN KAWASI VILLAGE, ISLAND OF OBI Totononu, Rivaldo Jeverson Lemenz; Putong, Diana Darmayanti; Lanawaang, Janeman Jehezkiel; Lombok, Lesza Leonardo
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9438

Abstract

Sustainable development principles ensure current needs are met without compromising future generations' capabilities, integrating economic, socio-cultural, and environmental aspects for a balanced approach. Spatial planning, under Law Number 26 of 2007, defines regions based on administrative or functional aspects and areas for protection and cultivation. Mining activities in South Halmahera, including minerals, coal, oil, natural gas, and geothermal resources, contribute to regional economic growth while managing land use and environmental impacts. Specifically, mineral mining covers Bacan, Obi, Kasiruta, and Kayoa districts, particularly benefiting Obi's Kawasi Village under PT HARITA GROUP, generating jobs and attracting diverse investments. This study evaluates whether South Halmahera's Regional Regulation Number 20 of 2012 and PT HARITA GROUP's mining practices in Obi Islands adhere to sustainable development principles. By using normative legal method, the author finds that South Halmahera Regency Regional Regulation Number 20 of 2012 concerning Regional Spatial Planning contains the principles of sustainable development. From a juridical aspect, the designation of the nickel mining area is carried out by PT. Harita Group has been established in accordance with statutory regulations. However, there are indications that the mining carried out does not fully implement the principles of sustainable development. This is known from research conducted by WALHI North Maluku in 2023, namely the pollution of the waters of Weda Bay and Obi Island. This means that the mining process is carried out without paying attention to sustainable principles. This could be due to a lack of supervision by the relevant institutions. However, procedural supervision is not regulated in South Halmahera Regency Regional Regulation Number 20 of 2012 concerning Regional Spatial Planning.
THE USE OF POLICE DISCRETION IN INVESTIGATIONS OF CRIME IN THE MINING SECTOR Darma, Kadek Agus Surya; Lombok, Lesza Leonardo; Pijoh, Feibe Engeline
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9452

Abstract

Criminal acts in the mineral mining sector in Indonesia are rife and have become public knowledge. These criminal acts include mining without a mining business permit, data manipulation practices at the exploration stage, mining in protected forest areas, limited production forests and laundering of mining products as well as reclamation and post-mining. The police play a very important role in carrying out law enforcement duties in the environmental sector. Sometimes, because of the lack of environmental knowledge, the police use discretion. Although acting based on the law is basically considered to be contrary to the granting of discretion to the Police, discretion, on the one hand, is considered to eliminate certain predictions regarding the results that will be obtained, but, on the other hand, it also ensures that the principle of legal certainty is maintained, which is wrong an important aspect of law. By using normative legal method, this research aims to find out the reasons behind the police's decision to use discretion in mining criminal cases, and to discover the implementation of Police discretion in the process of investigating criminal acts in the mining sector in Indonesia. The author finds that various factors influence the use of discretion by the Police, including the seriousness of criminal acts, availability of resources, environmental impacts, and the interests of the community and other stakeholders. Based on the context of law enforcement in the mining sector in Indonesia, the implementation of discretion by the Police includes various forms of approaches that are appropriate to the complexity and challenges faced. Several forms of discretion applied by the Police in the process of investigating mining crimes in Indonesia include determining case priorities in handling cases of mining crimes.
POLICE AUTHORITY IN ENVIRONMENTAL POLLUTION CRIMES: THE USE OF DISCRETION IN THE INVESTIGATION PROCESS Herbayu, Lega Ikhwan; Lombok, Lesza Leonardo; Tuwaidan, Arthur Novy
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9458

Abstract

The police as law enforcement officers who are given the authority to carry out inquiries and investigations based on statutory regulations must be able to understand the various problems contained in the Environmental Protection and Management Law. One of the reasons for using discretion in investigating criminal acts in the environmental sector is the lack of PPNS (Civil Servant Investigator) resources in the area where the crime occurred to carry out the investigation. For the sake of effectiveness and efficiency of investigations, Police Investigators take a discretionary policy by carrying out their own investigations by only taking expert information from experts in the environmental field. Therefore, this research aims to find out and analyze the authority of the police in investigating environmental crimes, and to understand and analyze the implementation of police discretion in the process of investigating environmental crimes. Using normative legal method, the author finds that the authority of the Police in investigating environmental crimes is considered to be the same as the authority obtained in the Criminal Procedure Code, with several mechanisms in the the Environmental Protection and Management Law, but with procedures in the provisions of Regulation of the Chief of Police of the Republic of Indonesia. Police discretion in investigating environmental crimes needs to be exercised because it provides flexibility for the police in dealing with various complex and dynamic situations in environmental crimes.
TINJAUAN HUKUM TERHADAP SENGKETA MEREK KARENA ADANYA PERSAMAAN PADA POKOKNYA MENURUT UNDANG - UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Pakpahan, Astria Rikayana; Pijoh, Feibe Engeline; Tuwaidan, Arthur Novy; Lombok, Lesza Leonardo
INVENTION: Journal of Intellectual Property Law Vol 2 No 2 (2025): INVENTION: Journal of Intellectual Property Law
Publisher : Lembaga Penelitian Pengabdian Masyarakat dan Pusat Kajian - Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/invention.v1i2.1465

Abstract

Hak Kekayaan Intelektual adalah hak ekonomi atas karya intelektual, termasuk merek dagang yang membedakan produk suatu perusahaan. Sengketa merek sering terjadi akibat peniruan, terutama terhadap merek terkenal, seperti kasus "Gudang Garam" vs "Gudang Baru" yang dinilai melanggar UU No. 20 Tahun 2016 yang digugat PT. Gudang Garam karena dianggap menyerupai mereknya, baik secara visual maupun unsur lainnya. Metode yuridis normatif digunakan dalam penelitian ini. Hasil penelitian menunjukkan bahwa dalam berbagai aspek, termasuk bentuk dan komposisi huruf, komposisi warna, ejaan, gaya penulisan, dan penempatan gambar atau lukisan, terdapat persamaan antara Gudang Garam dan Gudang Baru. Dalam kasus sengketa merek gudang garam dan gudang baru, bentuk kepastian hukum utama adalah keputusan pengadilan yang berkekuatan hukum tetap. Penggunaan merek yang sama merusak hak eksklusif merek dagang yang telah didaftarkan sebelumnya. Dengan demikian, pihak pertama memerlukan perlindungan hukum.
Co-Authors Arthur Novy Tuwaidan Asrul Ibrahim Nur Azhar, Yulham Claudia Irene Lombok Darma, Kadek Agus Surya Feibe Engeline Pijoh Gea, Kurniawati Gumalang, Ariel Hermanus Henry Noch Lumenta Herbayu, Lega Ikhwan I Gede Mahatma Yogiswara Winatha I Gusti Bagus Indra Kumara Isye Junita Melo Lanawaang, Janeman Jehezkiel Lega Ikhwan Herbayu Lisa Tumilantouw, Ursula Marven A. Kasenda Ni Nyoman Sri Purnama Sutianti Novy Tuwaidan, Arthur Pakpahan, Astria Rikayana Polii, Miracle Sangkoy Putong, Diana Darmayanti Robot, Yuddi Handry Salainti, Yolanda Sam Julius Richard Saroinsong Saroinsong, Sam Julius Richard Singkoh, Angel Christi Siwi, Alezandro Pitter Sompotan, Nexel Yosua Susi Aryani Manangin Takasana, Veronika Totononu, Rivaldo Jeverson Lemenz Wahyuni Kangiden, Sri Yudha Ramadhan Subarja, Purna