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All Journal Jurnal Hukum Lex Generalis Semarang State University Undergraduate Law and Society Review
Diandra Preludio Ramada
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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Diversi dalam Proses Hukum Tindak Pidana Anak: Studi Kasus Putusan Nomor 10/PID.SUS-ANAK/2024/PN UNR Aliffia Intan Maharani; Diandra Preludio Ramada
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1339

Abstract

Diversion is an alternative to formal criminal proceedings for juvenile offenders that focuses on restorative justice. In decision No. 10/Pid.Sus Anak/2024/PN Unr, a procedural settlement was attempted, but it failed due to the economic disparity between the perpetrator and the victim. Despite the fact that the peace process had not proceeded smoothly, the judge still imposed a non-criminal sentence to safeguard the child's future. This study indicates that the success of diversion does not solely depend on legal procedures but also on the social readiness and fairness of the parties involved in resolving the conflict equitably. A deep understanding of the importance of restorative efforts is crucial for the effective implementation of diversion.
Environmental Criminal Law as a Tool for Ecological Protection: Interpreting the Constitution in the Context of Environmental Crimes Diandra Preludio Ramada; Ubaidillah Kamal; Indah Sri Utari
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.30327

Abstract

This article comprehensively analyzes the Indonesian Constitution as a crucial foundation and solid bulwark for strengthening Environmental Criminal Law. Given the alarming global ecological crisis, characterized by massive deforestation, uncontrolled pollution, biodiversity loss, and excessive resource exploitation, reforming the criminal law framework to be adaptive, responsive, and progressive is urgent. This research firmly argues that the Constitution isn't just a general, declarative legal umbrella; it intrinsically embodies fundamental constitutional values and principles. These include every citizen's right to a good and healthy environment and the state's obligation to protect it, which must be actively interpreted, internalized, and expanded into all norms and practices of Environmental Criminal Law enforcement. Using a normative-juridical approach focused on analyzing legal texts, doctrines, and court decisions, this article systematically examines how in-depth constitutional interpretation and creative elaboration of principles can catalyze stronger, more comprehensive, and ecologically just environmental criminal regulations. The discussion identifies and critically analyzes structural and substantive weaknesses in current environmental criminal law enforcement, such as evidentiary challenges, weak sanctions, and limited scope of legal subjects. Furthermore, this article explores the Constitution's potential to legitimize overcoming these obstacles. This includes strengthening criminal sanctions for proportional deterrence, expanding the definition of environmental crimes to encompass new and complex ecological offenses, and enhancing more effective corporate accountability mechanisms. Ultimately, this article affirms that reforming and developing Environmental Criminal Law, firmly rooted in constitutional values and principles, is an absolute prerequisite for building a holistic and sustainable environmental protection system. This step is essential in preventing further ecological degradation, restoring the balance of nature, and effectively guaranteeing environmental rights for current and future generations.
Co-Authors Aliffia Intan Maharani Indah Sri Utari Ubaidillah Kamal