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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum KHAIRUN LAW JOURNAL
Yeni Widowati
Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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DILEMMA CRIMINAL DISPARITY AND CONSIDERATIONS JUDGES IN COURT PRACTICE Albri Bri Labaka; Yeni Widowati
Khairun Law Journal Volume 8 Issue 2, March 2025
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v8i2.9402

Abstract

This study aims to examine the factors that affect different sentences or criminal disparities and the reasons underlying the judge's decision in adjudicating criminal cases during trial. The methodology of this study uses doctrinal legal research using legal and conceptual approaches. The results of the study show that criminal disparity has an underlying cause, which can be analyzed from theoretical, legal, and empirical perspectives. Legal theory argues that the autonomy and freedom granted to judges is based on the Constitution of the Republic of Indonesia of 1945 and Law No. 48 of 2009, which regulates the current judicial power. Then the deciden ratio theory, along with disagreement, equilibrium theory, intuition art theory, experience theory, and science theory, explains criminal disparity. Indonesian courts now use a punishment system that is exclusively based on trial exams. This leads to discrepancies in judicial decisions by judges, known as criminal disparita. At the very least, consider criteria related to exterior activities and subjective elements such as motives and objectives. Next, evaluate the impact of the action, the gravity of the violation, the approach used, the internal disposition (wrong), and relevance to the core of consideration. Judges cannot rely solely on procedural factors
Restorative Justice in Resolving Land Concession Conflicts PT Toba Pulp Lestari and Surrounding Communities in East Angkola District, South Tapanuli Regency ilham setiawan setiawan putra; Yeni Widowati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4860

Abstract

This research aims to determine the resolution of land concession conflicts in the district. Angkola South East Tapanuli. Furthermore, this article uses empirical juridical research methods. Empirical Juridical emphasizes research that aims to obtain legal knowledge empirically by going directly into the object. The findings in this research are in resolving land concession conflicts in the District. Angola Timur Tapanuli Selatan In an effort to resolve the conflict, the Ministry of Environment and Forestry, through the Director General of Customary Forest and Tenurial Conflict Management, participated in facilitating negotiations between 5 Indigenous communities and PT. Toba Pulp Lestari (TPL Limited Company). (1) Identify the problem and the parties involved. First step. (2) Collection of data and information after the problem and parties involved have been identified. (3) Facilitating dialogue and mediation After data and information have been collected, the next stage is to facilitate dialogue and mediation between the parties involved. (4) Implementation of the agreed solution After reaching an agreement on the solution. (5) The final stage of results evaluation is an evaluation of the results of the conflict resolution process. This evaluation can be carried out by collecting input from all parties involved and comparing the results achieved with previously established goals. This will help in evaluating the effectiveness and efficiency of implementing a restorative justice approach in resolving natural resource conflicts.
Company Responsibility For Pollution And Environmental Damage Due To Nickel Mining In Southeast Sulawesi Rozeli; Yeni Widowati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4955

Abstract

The increasing number of corporations as a global impact has given rise to exceptional attention to the environmental effects, namely environmental pollution, which can result in ecological damage, thereby impacting various aspects of people's lives and giving rise to horizontal problems. For example, the mining industry sector in Southeast Sulawesi causes ecological problems, pollution and environmental damage that occurs in Kolaka Regency and North Konawe Regency, Boenaga Village; the water looks very murky, even in several mining villages, and the water is reddish brown. The research methods used in this research are normative juridical and empirical juridical; normative juridical examines provisions, principles and rules in positive law, while empirical juridical is research obtained directly from the field, interviews with respondents. This research shows that corporate responsibility for environmental pollution and damage is based on law number 32 of 2009 concerning ecological management and protection, known as the principle of strict liability, where corporations can be subject to criminal liability without needing to prove an element. Error. Apart from strict liability, the Environmental Protection and Management Law also recognizes vicarious liability, where corporations can be held responsible for actions carried out by their employees/subordinates in the work environment. Applying the principles of strict liability and vicarious liability in corporate responsibility for environmental pollution/damage aims to provide more effective environmental protection environmental protection.
Co-Authors Albri Bri Labaka ilham setiawan setiawan putra Rozeli