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All Journal Wacana Hukum Journal of Law, Environmental and Justice
Nurviani, Novi
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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.
Judicial Perspectives on the Equitable Resolution of Anti-SLAPP Cases: Insights from Indonesia Rachmawaty, Rachmawaty; Gunawan, Matthew Marcellinno; Nurviani, Novi
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.v2i1.88

Abstract

This research examines Indonesian judges' views on Anti-SLAPP case settlement and their philosophical approach. This research prescribes doctrine. The research shows that the judge's Pancasila-based Anti-SLAPP judgement needs to be revised. When the community raises environmental concerns, the practice repeats. The community will be punished in whatever way is necessary to eliminate participation. Development that harms the environment but enriches the government and corporations will continue. Based on these facts, it is known that the regulation and application of Anti-Slap in Indonesia are still being made to provide justice for all elements due to limited regulation. The lack of legal protection for environmental fighters in Indonesia shows why judges' rulings are not founded on Pancasila justice. The five Pancasila precepts guide courts' anti-SLAPP dispute resolution. A judge's ruling that exhibits legal certainty helps find the proper law while resolving court matters. Judges must consider customary and unwritten social laws when making decisions because the law may not regulate.
Co-Authors Gunawan, Matthew Marcellinno Mahendra, Januar Rahadian Rachmawaty Rachmawaty, Rachmawaty