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All Journal Wacana Hukum Journal of Law, Environmental and Justice
Mahendra, Januar Rahadian
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Criminal Liability of Postal Services in Transito Narcotics Mahendra, Januar Rahadian; Nurviani, Novi
Wacana Hukum Vol 30 No 1 (2024): January-June
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i1.9877

Abstract

This study analyzes the problems in the golden triangle of narcotics and criminal liability of sea freight forwarding services in transito narcotics crimes. The purpose of this research is to find out how the problems in the golden triangle of narcotics and criminal liability of sea freight forwarding services in transito narcotics crime. Based on the results of research and discussion, it can be seen that the golden triangle of narcotics has complex problems and requires assistance from other countries to overcome narcotics problems in their own countries. Through research and discussion, it is also known that there is no regulation on the transportation of narcotics by sea but it is different from the transportation of narcotics using the post. When using the post, the delivery service can be held criminally liable if it knows that the goods sent are narcotics, but if the delivery service does not know that the goods sent are narcotics then it cannot be held criminally liable. Although the delivery service cannot be held criminally liable if it does not know that the goods sent are narcotics, it can still be held legally liable, namely as a witness.
Monodualistic and Pluralistic Punishment Politics in Criminal Code Reform: Lessons from Indonesia Mahendra, Januar Rahadian; Emovwodo, Silas Oghenemaro
Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i3.17

Abstract

This research analyzes the problem of punishment in the current Criminal Code because there is a mismatch of socio-political, socio-philosophical, and socio-cultural foundations. This study also analyzes the problems in the current Criminal Code punishment due to the strong retributive influence on punishment so that imprisonment becomes the sole answer for judges in deciding cases. In connection with the various problems of punishment in the Criminal Code, efforts are made to reform the Criminal Code, which is adjusted to the socio-political, socio-philosophical, and socio-cultural foundations so that the reform of the Criminal Code has a mono-dualistic and pluralistic nature. The purpose of this research is to find how the concepts of mono-dualistic and pluralistic influence the reformation of the Criminal Code as well as the political direction of punishment in the reformation of the Criminal Code. Based on the research, the author found that the mono-dualistic and pluralistic nature of the Criminal Code reform influences the material expansion of the principle of legality. In addition, criminal code reform has a contemporary direction that prioritizes not only deterrent effects but also rehabilitative efforts so that it can restore social functions.
Examining Indonesian Government Policies in Tackling Deforestation: Balancing Economy and Environment Mahendra, Januar Rahadian; Aldyan, Rizal Akbar; Emovwodo, Silas Oghenemaro
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.93

Abstract

The Indonesian government has implemented specific measures that have negatively impacted the environmental sector to enhance economic growth. In response to worldwide pressure and growing internal awareness, the Indonesian government implemented "pro-environment" policies by endorsing many international and regional accords and revising legislation. This article examines the Indonesian government's policy orientation in addressing deforestation, specifically whether the strategy prioritises economic or environmental considerations. Through the utilisation of normative juridical research methodologies, a statutory approach and a case approach, it was determined that the policies issued by the Indonesian government conflict with one another. These policies encompass several issues. Firstly, granting Forest Concession Rights, which should ideally prioritise forest sustainability, unfortunately, leads to extensive forest destruction. Secondly, the haphazard granting of concession permits is another concern. Lastly, the MP3EI and MIFEE programmes conflict with Law Number 32 of 2009, resulting in a significant loss of 76% of peat land in Papua. Furthermore, the lack of robust law enforcement regarding deforestation also exacerbates the accelerated pace of deforestation. Thus, it is evident that the Indonesian government is giving more importance to the economic sector than the environmental sector.
Corruption Eradication in Four Asian Countries: A Comparative Legal Analysis Mahendra, Januar Rahadian; Edwin Setiawan; Hellend , Arbend Ficasso Van
Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i2.98

Abstract

Corruption has both direct and indirect impacts on various sectors. Therefore, anti-corruption efforts are needed in each country to eradicate it. This study discusses the problem of corruption law enforcement in Indonesia by comparing it with Hong Kong, Singapore, and South Korea. The selection of these countries is based on their similarities in having anti-corruption institutions and a long history of corruption as a result of colonialism. This study uses a normative legal method supported by data to produce comprehensive research. The discussion in this study is divided into two, namely by providing a general overview of corruption law enforcement in each country and the problem of law enforcement in Indonesia by comparing it with Hong Kong, Singapore, and South Korea. Based on this study, it can be seen that Indonesia still has complex and systemic problems so that its corruption law enforcement is still weak. The problems that occur include weak political will, corruption eradication that still focuses on the public sector, conflicts of interest between law enforcement agencies, intervention by political elites, criminalization of law enforcers, weak independence, and the absence of supporting laws, a culture of gratification that is still deep-rooted
Co-Authors Aldyan, Rizal Akbar Edwin Setiawan Emovwodo, Silas Oghenemaro Hellend , Arbend Ficasso Van Nurviani, Novi