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All Journal Jurnal Hukum Sehasen Madani: Multidisciplinary Scientific Journal Jurnal Hukum dan Sosial Politik Jurnal Pendidikan Kewarganegaraan Dan Filsafat Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Triwikrama: Jurnal Ilmu Sosial Socius: Social Sciences Research Journal Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Journal of Multidisciplinary Inquiry in Science, Technology and Educational Research Amerta Jurnal Ilmu Sosial dan Humaniora Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan
Irwan Triadi
Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Pelaksanaan Analisis Mengenai Dampak Lingkungan (AMDAL) Di Indonesia Dalam Rangka Penegakan Hukum Lingkungan Hidup Erviyanti Rosmaida; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.133

Abstract

The general aim of writing this paper is to clarify the implementation of environmental impact analysis (AMDAL) in Indonesia and efforts to overcome various obstacles faced in enforcing environmental laws. The research method used in writing this article is normative legal research, but what is analyzed is not data, but through a case approach method, namely to be able to understand material facts by paying attention to the abstraction of the formulation of facts that occur in environmental law enforcement in Indonesia. Thus, there is a close relationship between analytical methods and problem approaches. The results of the study show that environmental impact analysis is an effective control method. AMDAL is essentially a refinement of a development project planning process. The negative impacts that are often caused by development projects can be minimized with AMDAL. Efforts that can be made to make this happen are by carrying out development that is environmentally friendly, that is, the environment is taken into account from the time the development is planned until the construction is operational. With environmentally friendly development, development can be sustainable. As has been evaluated, the AMDAL process in Indonesia has many weaknesses, including: AMDAL has not been fully integrated in the licensing of a development activity plan, the community participation process has not been fully optimal. Apart from that, there are also various weaknesses in the implementation of AMDAL studies and the methods for preparing AMDAL, especially socio-cultural aspects, are still weak.
Menilai Kembali Kebijakan Hukum Perlindungan Lingkungan Hidup Dalam Undang-Undang Cipta Kerja Untuk Mendukung Kelestarian Ekologi Isti Puspitasari; Erviyanti Rosmaida; Christloy Totota Karo Karo; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.137

Abstract

The purpose of this article is to find out how to change environmental legal policy into environmental law into the Job Creation Law and to find out the appropriate efforts to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law. The research method presented in this article uses a normative legal approach, namely descriptive analysis. The results of the study in the article show that the concept of environmental law has become a legal policy that activates various instruments that regulate environmental problems in Indonesia, both regulatory and planning instruments. Finally, the aim of environmental legal policy is to ensure the implementation of sustainability in Indonesia from an environmental perspective. Efforts that must be made to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law are: 1) Simplification of permits; 2) Strict responsibility and 3);Restrictions on environmental rights. These three things cannot be taken lightly, so as not to have the worst impact on the quality of the environment. The Job Creation Law and its derivatives already existed until legal action was taken to revoke them. This is an important consideration where the Government must continue to develop good faith partnerships with the community to implement the Work and its consequential provisions.
Peluang Dan Tantangan Manfaat Cash Waqf Linked Deposit Pada Sektor Hijau Dalam Hukum Linkungan Indonesia Muhamad Afifullah; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.159

Abstract

The presence of Cash Waqf Linked Deposit (CWLD) in 2023 which is used for education is a development point for productive waqf, where previously the government had issued Cash Waqf Linked Sukuk (CWLS) as a waqf instrument with various uses including in the sustainable development sector, as well as the encouragement for the Islamic financial industry in secreening financing to protect the environment. Because of this, a special study is needed regarding whether CWLD can be used for sustainable development according to Indonesian law. This scientific work is included in normative jurisprudence, so that in compiling descriptive analysis used with a literature study approach, utilising legal sources of legislation and other scientific works. The research results obtained, namely The opportunity to apply CWLD benefits to the sustainable sector is supported by a legal structure that has synergised to develop waqf. Regulations issued by agencies and the Islamic financial industry. The legal culture of gotong royong that has been rooted in society is an additional value in the development of waqf. However, the weakness lies in the absence of CWLD product development in the sustainable development sector and the absence of specific regulations governing CWLD. The next challenge is to maintain the synergy between stakeholders in the legal structure, formulate specific regulations related to CWLD, and increase the inclusion and literacy of Islamic finance through socialisation, so that the development of productive waqf and the Islamic finance industry can continue to increase.
Tinjauan Yuridis Pembaharuan RUU KUHP Dalam Tindak Pidana Lingkungan Hidup dan Sumber Daya Alam dikaitkan Dengan Undang-Undang Lintas Sektoral Isti Puspitasari; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.262

Abstract

A number of studies related to the politics of criminal law in the Dfrat wetboek van straf recht (RKUHP) have increasingly tightened the state's grip on matters that de facto can be resolved by other types of law such as religion, decency and manners that already exist in society. At that point, efforts to think about the objectives of environmental and natural resource crimes in the RKUHP feel increasingly complicated to think about because this draft seems to be complicated and between various things, can consist of understandings, concepts, paradigms, which are related to and conflict with each other. another. This article uses normative legal research, the author obtains data from library materials which are usually called secondary data, which includes primary, secondary and tertiary legal materials. The author then studies and explores these legal materials and quotes theories or concepts from a number of literature, including books, journals, papers, newspapers or other written works related to the problem under study. This article explains that the position of the RKUHP regarding laws in the field of environment and natural resources is not yet clear, because the RKUHP does not expressly state its position regarding other laws. UU no. 10 of 2004 concerning the Preparation of Legislative Regulations also does not help provide answers because it does not recognize the general and specific designations or categories of laws as well as the requirements to fulfill these categories and this RKUHP is only able to absorb the criminal articles of each law. sectoral law, apart from other parts contained in the law. This means that the codification of this model consciously releases the historical and logical ties between the parts contained in each law.
Tindak Pidana Dalam Kasus Lumpur Lapindo: Terkait Dengan Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup Erva Yunita; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.263

Abstract

The author raises the topic of the Lapindo mudflow case which is viewed from criminal acts related to Law Number 32 of 2009 concerning Environmental Protection and Management.. A company as a legal entity consists of many parties, including owners and directors, so that determining the party responsible for crimes related to the environment becomes complex. Regarding the Lapindo mudflow case, Lapindo Brantas Inc must be held criminally responsible and pay compensation for losses resulting from the Lapindo mudflow activities. PT was not convicted. Lapindo Brantas reflects the poor enforcement of environmental criminal law in Indonesia. It is clear that 42 experts stated that the Lapindo mudflow was not a natural disaster but was purely PT's fault. Lapindo Brantas in carrying out drilling. And the police as investigators, the prosecutor as public prosecutor and the judge who handed down the decision should try this case and punish PT. Lapindo Brantas based on Article 116 of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) states that criminal sanctions can be imposed on business entities. To obtain answers, this research uses yuridis normative methods or library research, meaning that this research is based on on library sources to discuss the problems that have been formulated. In criminal law, criminal law can be imposed on business entities in the form of fines or administrative action, or closure of part or all of the company or in accordance with the principle of the polluter pays, but cannot be sentenced to prison because the management is a group of people. By enforcing criminal law for environmental perpetrators, the aim of punishment will be achieved, namely that the perpetrator will be deterred and will not repeat his actions and will not be imitated by others.
Penegakan Hukum Terhadap Tindak Pidana Illegal Loging Bagi Kelestarian Lingkungan Hidup di Indonesia Irwan Triadi; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.302

Abstract

The problem of illegal logging in Indonesia is no longer new. The number of illegal logging cases makes Indonesia one of the countries with the highest number of illegal logging cases in the world. This research aims to understand and examine law enforcement against illegal logging crimes. The method used in this research is the normative juridical method, which is research that aims to find and formulate legal arguments through analysis of the main problem by conducting library research and analyzing primary and secondary legal materials. The analysis is carried out by studying laws and regulations and other literature such as books, journals, and research results related to law enforcement against illegal logging crimes. Violators can be subject to imprisonment, administrative sanctions, and payment of compensation, but often the criminal sanctions imposed do not have a deterrent effect. Therefore, the government must increase supervision in the eradication of illegal logging, especially in vulnerable areas that are often targeted by illegal logging perpetrators.
Penegakan Hukum Terhadap Tindak Pidana Illegal Loging Bagi Kelestarian Lingkungan Hidup di Indonesia Irwan Triadi; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.302

Abstract

The problem of illegal logging in Indonesia is no longer new. The number of illegal logging cases makes Indonesia one of the countries with the highest number of illegal logging cases in the world. This research aims to understand and examine law enforcement against illegal logging crimes. The method used in this research is the normative juridical method, which is research that aims to find and formulate legal arguments through analysis of the main problem by conducting library research and analyzing primary and secondary legal materials. The analysis is carried out by studying laws and regulations and other literature such as books, journals, and research results related to law enforcement against illegal logging crimes. Violators can be subject to imprisonment, administrative sanctions, and payment of compensation, but often the criminal sanctions imposed do not have a deterrent effect. Therefore, the government must increase supervision in the eradication of illegal logging, especially in vulnerable areas that are often targeted by illegal logging perpetrators.
Problematika Perizinan Penguasaan Senjata Api Teramunisi Untuk Sipil Dalam Perspektif Hukum Positif Nasional Syabilal Ali; Emaeve Nur Berliantari; Aslihatin Zuliana; Irwan Triadi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 2 (2024): April : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i2.179

Abstract

Firearms are a big problem when their use can be regulated for civil society, because simply a freedom with big risks will cause other big problems. Providing a sense of security and personal protection by giving rise to abuse will certainly create confusion both for those who regulate it and those who will clearly feel the dangerous impact. This research aims to determine the factors, efforts and obstacles in tackling the crime of possessing firearms without a permit. The research method used in this research uses a normative juridical research approach with a problem approach using a statutory approach. The findings in this research are that a person's internal and external factors greatly influence the efforts that can be made to prevent and overcome criminal acts of possession of firearms and from all forms of efforts made, various obstacles are also found that are present, from the government's quick response in dealing with it to low awareness. the community has an important role in overcoming these legal issues.
Analisis Penegakan Hukum Pidana Bagi Pelaku Pencemaran Lingkungan Hidup: Undang-Undang Nomor 32 Tahun 2009 Tentang Pengelolaan dan Perlindungan Lingkungan Hidup Erva Yunita; Ratu Wida Widyaningsih Suhandi; Suryani Alawiyah; Irwan Triadi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.257

Abstract

The issues that are the subject of discussion are what elements constitute a criminal offense in environmental pollution violations and what sanctions are applied to perpetrators of environmental pollution crimes. The type of research is normative research with an analytical approach to legislation Number 32 of 2009 concerning Environmental Management and Protection. The data collection used is literature study and reviewing literature that is relevant to the research problem. The results of the research are that the elements of criminal acts consist of acts of pollution, environmental damage, non-compliance with regulations, environmental disorder, pollution which causes significant negative impacts. Threat of Sanctions Violations of formal offenses include administrative sanctions in the form of warnings, administrative fines, or revocation of business permits. If it is considered a criminal violation, it will be subject to criminal sanctions or a fine. Threat of Sanctions for Material Offense Violations, namely criminal sanctions in the form of large fines or imprisonment depending on the level of environmental damage and the impact it causes.
Peran Hukum Lingkungan Dalam Kerusakan Pengelolaan Lingkungan Hidup Di Indonesia Arazid Arazid; Muhammad Yusuf Muda Azka; Andre Rizaldy; Irwan Triadi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.259

Abstract

The environment is a place where living things grow and develop including humans, therefore the environment needs to be considered properly and preserved. The purpose of this study is to determine the role of environmental law in environmental management in Indonesia. The method used in this writing is the normative juridical method, which is research aimed at finding and formulating legal arguments through analysis of the subject matter by conducting literature-based research and analyzing primary legal materials and secondary materials carried out by studying legislation and other literature in the form of books, journals, research results related to the problem, namely the Role of Environmental Law in Environmental Management Damage in Indonesia. Preventive environmental law enforcement aims to prevent environmental damage and/or pollution. Regulations regarding environmental protection and enforcement are contained in Law Number 32 of 2009. This law regulates the protection and management of the environment systematically to achieve environmental balance and human welfare as a unit.
Co-Authors Alisya Rahma Saebani Andre Rizaldy Annisa Aulia Rahma Arazid Arazid Aslihatin Zuliana Aslihatin Zuliana Astri Dewi Setyarini Christloy Totota Karo Karo Daniel Daya Nur Pratama Emaeve Nur Berliantari Emaeve Nur Berliantari Eriz Syawaldi Erva Yunita Erviyanti Rosmaida Fendy Oktavianto Gema Permana Rahman Ghiska Fajari Ilham Firmansyah Isma Isyana Isti Puspitasari Jesamine Margareth Kayla Sidabutar Karina Hasiyanni Manurung Made Wipra Pratistita Michael Giovanni Joseph Muhamad Afifullah Muhammad Abduh Muhammad Anwar Ibrahim Muhammad Fahrudin Muhammad Rafli Muhammad Yusuf Muda Azka Nefrisa Adlina Maaruf Nurwidya Kusma Wardhani Rachel Lubis Rakhbir Singh Rangga Wira Syahputra Ratu Wida Widyaningsih Suhandi Revolusi Shandi Negara Reza Ferdiansyah Risca Selfeny Riyanto Riyanto Shavina Putri Ferdianty Suryani Alawiyah Syabilal Ali Syabilal Ali Tri Bowo Hersandy Febrianto Tulus Mampetua Lumban Gaol Tulus Mampetua Lumban Gaol Vania Oktaviani Dewi Yohana Sekar Pawening Yosephine Fransisca Andriani