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All Journal Jurnal Ilmu Hukum The Juris JURNAL ILMIAH ADVOKASI
Sunariyo
Universitas Muhammadiyah Kalimantan Timur
Law, Crime, Criminology & Criminal Justice

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KEBIJAKAN PENGELOLAAN PERTAMBANGAN BATUBARA PADA NEGARA AMERIKA, CINA, INDONESIA (Studi Normatif dan Perbandingannya) Aullia Vivi Yulianingrum; Sunariyo Sunariyo; Bayu Prasetyo
Jurnal Ilmiah Advokasi Vol 10, No 2 (2022): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v10i2.2316

Abstract

This article aims to describe how is the policy of coal mining management on country which its system is socialism or capitalism then it will be compared with coal mining management policy in Indonesia that follow democracy system. This research is included ad qualitative research. The method used is literature study which to find the policy that is used by a country that follow capitalism, socialism, and Islam ideologies. By the case approach that law regulations are found in every country which has function for legal reform or the founding of law fundamentals in Indonesia. The data used is secondary data and it is analyzed with logical deduction. Chinese and United States of America in formulating their mining management policies, they are more emphasizing on workers’ protection or safety regulations. Indonesia in mining management accommodates policies regarding occupational safety, however the environmental is not accompanied by linkages and integration of regulation nuances, then inequality and contradictive are happened along with conflict in those policies formulation. Mining management policies include the regulations of environmental management, to preserve nature and harmonize nature not only gives priority on workers safety.Keywords: Policy, Coal Mining, Comparative Law
ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI Imelda Hasibuan; Sunariyo
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.1051

Abstract

Over time, discussions about corruption have never ceased; corruption in Indonesia is rising. Corruption has spread widely in society in terms of the number of cases and the amount of state losses. It is a criminal act of exceptional quality, penetrating all aspects of community life. Examined from a juridical perspective, corruption is an extraordinary crime. Uncontrolled corruption will bring disaster not only to the nation's life but also to the nation and the state. The enforcement of Co Crimes law (Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes) is the primary remedy (preferred means), and criminal sanctions are the primary choice (premium medium). The results of this research show that the judge's decision is considered incorrect because the decision is proven to involve bribery as stated in Article 11 of Law Number 20 of 2001, amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes against the perpetrator mentioned, Jamel Panjaitan. Even though legal considerations and witness statements confirm that the perpetrator committed the crime of corruption through extortion as regulated in Article 12 letter e of Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes. Moreover, if the perpetrator's actions involve bribery, the briber should also be punished.
Co-Authors Bayu Prasetyo Imelda Hasibuan Yulianingrum, Aullia Vivi