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All Journal Wacana Hukum Lex Scientia Law Review JOURNAL EQUITABLE JHCLS Journal of Law, Environmental and Justice
M Zaid M Zaid
Faculty Of Law, Universitas Islam Riau
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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Journal : JHCLS

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The Court Online Content Moderation: A Constitutional Framework Rian Saputra; M Zaid M Zaid; Silaas Oghenemaro Emovwodo
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.507 KB) | DOI: 10.53955/jhcls.v2i3.54

Abstract

This study aims to see and describe the practice of electronic justice in Indonesia based on the digital constitutionalism approach; as a concept that tends to be new, Digital Constitutionalism in its development also accommodates the due process online in scientific discourse. This research is normative legal research using a statutory and conceptual approach. Based on the research results, it is known that the practice of electronic justice in Indonesia still uses procedural law guidelines, which are conventional procedural law and internal judicial regulations. In contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law in its implementation because it is annulled. It has not been oriented to the protection of Human Rights as conceptualized in the Digital Constitutionalism discourse, which includes due process online. So the regulation of electronic justice in the future must be based on Digital Constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities.
The Sanctions on Environmental Performances: An Assessment of Indonesia and Brazilia Practice M Zaid; M. Musa; Fadhel Arjuna Adinda; Lamberton Cait
Journal of Human Rights, Culture and Legal System Vol 3, No 2 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i2.70

Abstract

This study aims to offer an overview of the effect of environmental law sanctions, particularly criminal sanctions for restoring environmental functions for firms, on restoring environmental functions in Indonesia and Brazil.  Using conceptual techniques, statutory methodologies, and comparative legal approaches with Brazil, this study examines how norms emerge in the law. The research shows that criminal sanctions for environmental function restoration in Indonesia have not had their full intended effect and often lead to confusion over their implementation since they do not specify a means of gauging whether or not their goals have been met. This discovery also suggests that criminal consequences for environmental function restoration have not been utilized to their full potential. This is because criminal sanctions do not offer a mechanism for gauging the degree to which ecological restoration efforts have been fruitful. Brazil, which is more likely to apply administrative sanctions and has a better impact, conducts a wide range of things, including imposing fines, canceling company licenses, and other preventative steps used to anticipate excessive environmental exploitation. Brazil has taken these precautions to avoid the negative effects of environmental overexploitation. The actions are in effect to ensure that environmental exploitation does not reach unsustainable levels.
Co-Authors Agung Basuki, Agung Fadhel Arjuna Adinda Fadhel Arjuna Adinda Gunawan, Matthew Marcellinno Jaco Barkhuizen Kartika Asmanda Putri Lamberton Cait Lamberton Cait M H Sedera , Rakotoarisoa M. Musa Mohamed Musa , Alnour Abobaker Pei-Chi , Wu Pujiyono Suwadi Rabani M Halawa Rian Saputra Ricky Ricky Silaas Oghenemaro Emovwodo Tiara Tiolince Triasari, Devi