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All Journal Jurnal Ilmiah Publika Collegium Studiosum Journal Decisio: Law Journal Humaniorum Journal Journal of Law
Permana, Yana Sukma
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Humanities Decision Sciences, Operations Research & Management Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : decisio law journal

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Efektivitas Sanksi Pidana terhadap Pelaku Pencurian dengan Pemberatan dalam Perspektif Hukum Pidana Nasional Handione, Denaloy Valentino; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 1 No 2 (2024): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v1i2.13

Abstract

The effectiveness of criminal sanctions against perpetrators of aggravated theft remains a crucial issue in Indonesia’s criminal justice system. Despite clear legal regulations, disparities in sentencing and law enforcement practices continue to hinder the deterrent effect of these sanctions. Social and economic factors also play a significant role in influencing crime rates, making it essential to evaluate the actual impact of existing laws. This study examines the effectiveness of criminal sanctions for aggravated theft within the framework of national criminal law.This research employs a qualitative method with a normative juridical approach, focusing on legal regulation analysis and judicial interpretation. Data collection was conducted through an extensive literature review, utilizing both primary legal sources and secondary references.The findings reveal that sentencing inconsistencies and weak law enforcement contribute to the limited effectiveness of criminal sanctions. In contrast, comparative studies with other legal systems show that restorative justice approaches can reduce recidivism and enhance victim satisfaction. Although Indonesian law recognizes such concepts, their implementation remains constrained by legal and institutional barriers. Therefore, a more comprehensive legal reform is required to balance punitive measures with rehabilitative strategies
Penegakan Hukum Pidana Lingkungan terhadap Korporasi dalam Perspektif UU PPLH dan Prinsip Strict Liability Karimuallah, Muhammad; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.24

Abstract

Environmental criminal law enforcement against corporations remains a crucial issue in Indonesia, particularly in the context of the Environmental Protection and Management Act (UU PPLH) and the application of strict liability. Despite legal recognition of strict liability, its implementation faces various obstacles, including regulatory inconsistencies and corporate legal maneuvers to evade responsibility. This study examines how strict liability is applied in environmental criminal cases and the challenges hindering its effectiveness. A comprehensive understanding of these issues is essential to strengthen environmental law enforcement mechanisms.This research employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal norm interpretation. Data were obtained through an extensive literature review of primary legal sources, including laws, regulations, and court rulings, supported by secondary sources such as legal journals and academic studies. Findings indicate that although strict liability is theoretically applicable, its enforcement is often inconsistent due to the complexity of corporate structures and limitations in law enforcement capacity. The study also highlights the need for regulatory reinforcement and institutional strengthening to ensure more effective corporate accountability for environmental crimes. Moreover, collaboration between the government, legal practitioners, and civil society is necessary to enhance monitoring and prosecution efforts. Strengthening these aspects can lead to better environmental protection and increased corporate compliance with sustainable business practices.
Peran Aparat Penegak Hukum dalam Penerapan Restorative Justice terhadap Tindak Pidana Anak di Indonesia Hag, Ichsan Izzul; Permana, Yana Sukma
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.26

Abstract

Restorative justice is a legal approach that prioritizes rehabilitation over punishment, particularly in cases involving juvenile offenders. In Indonesia, law enforcement officers play a crucial role in implementing restorative justice, yet various structural and cultural barriers hinder its effectiveness. Despite the existence of supporting regulations, challenges such as inadequate legal awareness, limited resources, and retributive legal culture persist. Addressing these issues is essential to ensure a fair and rehabilitative juvenile justice system. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal interpretation. Data collection is conducted through comprehensive literature studies, including primary, secondary, and tertiary legal materials. The findings indicate that law enforcement officers act as key facilitators in restorative justice, but their limited training and institutional support hinder optimal implementation. The study also reveals that public perception still leans toward punitive measures, reducing the acceptance of restorative approaches. Strengthening legal frameworks, improving law enforcement training, and enhancing public awareness are necessary steps to overcome these barriers. A collaborative effort between the government, legal institutions, and society is crucial to fully realize the potential of restorative justice for juvenile offenders in Indonesia.
Co-Authors Hag, Ichsan Izzul Handione, Denaloy Valentino Harsanty, Ika Karimuallah, Muhammad Kemala, Ratih Komaria, Nina Puspita, Shinta Novia Santoso, Soegiharto Syahdan Syahdan, Syahdan