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Mendukung Keberlanjutan H.K, Ajeng Pramesthy; Syahna, Adinda; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 5 No 1 (2024): May 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i1.47151

Abstract

Indonesia is an archipelagic country with vast marine areas. The sea is one of its greatest assets due to its diverse marine ecosystems, including both flora and fauna, as well as valuable mineral resources. However, with the advancement of time, the sustainability of marine ecosystems is threatened by mining activities and exploitation. In particular, exploitative activities carried out by foreign nationals in Indonesian waters often disregard binding legal protections. Therefore, protecting Indonesia's marine areas in the international arena is an urgent matter for the Indonesian government. The United Nations Convention on the Law of the Sea (UNCLOS) of 1982, accompanied by Indonesian regulations, provide detailed regulations regarding the protection and preservation of Indonesia's marine ecosystems. Consequently, it is hoped that these efforts can address issues arising from pollution and damage in Indonesia's territorial waters and Exclusive Economic Zone. This article aims to understand the role of international legal protection in preserving Indonesia's marine ecosystems. Additionally, it assesses how the government responds to the limited role of Indonesian positive law in marine ecosystem preservation, from the perspective of international maritime law. This article utilizes normative legal writing, drawing references from relevant literature, library materials, and applicable legal regulations as concrete data sources. Keywords : UNCLOS 1982, Legal Protection, Marine Environment.
Aspek Hak Asasi Manusia dalam Pembentukan Peraturan Perundang-Undangan di Indonesia Rifai, Ahmad; Khanif, Al; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.35203

Abstract

The title of this article is the Human Rights Aspects In The Establishment Of Law Regulations In Indonesia. The background of this writing is whereas in the constitution, one of the elements of a rule of law is the fulfillment of human rights in it, so that in this case the red thread can be drawn in this research there are still problems in the implementation of norms for the formation of laws and regulations in Indonesia. This study uses a normative juridical, the problem approach used is a statute approach and a conceptual approach. Based on the result of this research, first, that the urgency of human rights values is the basis for forming laws and regulations in Indonesia because human rights values are natural and its position has been mandated in the 1945 Constitution. Second, that laws and regulations are still found both at the central and regional levels those who have not implemented human rights aspects. Third, that the drafting of this legislation was carried out by the Directorate of Human Rights Instruments as an effort to fill the legal vacuum for a public need for human rights, the Directorate of Human Rights Instrument.Keywords: Human Rights, State Law, Legislation.
Tanggung Jawab Pidana Pengurus Partai Politik sebagai Korporasi dalam Tindakan Korupsi dan Pencucian Uang Rachmawati, Ayudya Rizqi; Manab, Abdul; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol. 5 No. 2 (2024): November 2024
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v5i2.52501

Abstract

The progress of democracy in a country positions political parties as key actors with a central role in the political system. However, the involvement of political parties in criminal acts such as corruption and money laundering has tarnished their reputation as organizations, eroded public trust, and posed significant challenges to law enforcement. This study explores the criminal liability of political parties as corporate entities, supported by primary, secondary, and tertiary legal sources, and is conducted within a normative legal research framework. The findings indicate that there are five main perspectives to examine the political, philosophical, legal, historical, and sociological foundations of criminal law regarding corporate responsibility in cases of corruption and money laundering. The ideal approach to prosecuting political parties as corporations involves rethinking the issue of corporate crime and focusing on two distinct categories of corporations: private corporations and special or public corporations, each subject to different criminal provisions. It is necessary to reform the nature of corporations as platforms for implementing ideas by revising certain elements of anti-corruption and anti-money laundering laws related to corporate entities. Many issues concerning fines, for instance, can be addressed by enacting laws with explicit provisions for corporate sanctions. Keywords: Political Party, Corporation, Criminal Acts of Corruption, Money Laundering Crime.