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PENEGAKAN HUKUM TERHADAP PELAKU USAHA ILLEGAL MINING DALAM PERLINDUNGAN LINGKUNGAN HIDUP DI KONAWE UTARA Yulian Yusuf, Niken; Kurniawati, Wa Ode Intan; Yusuf, Virya Suprayogi
Jurnal Multidisipliner Bharasumba Vol 2 No 01 (2023): Jurnal Multidisipliner Bharasumba
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/bharasumba.v2i01.535

This research aims 1) To analyze and describe how the environmental impact due to Illegal Mining in North Konawe, 2) To analyze and describe how law enforcement against Illegal Mining business actors in relation to environmental protection in North Konawe. This research will use normative-empirical research, which is a type of research that examines formal legal regulations such as laws and regulations related to the discussion in this thesis such as the 1945 Constitution, Law Number 32 of 2009 concerning environmental protection and management, as well as theoretical concepts which are then linked to their application to law enforcement. The research results show that 1) The conversion of forest function into mining land resulted in deforestation or deforestation in North Konawe. North Konawe experienced deforestation up to 18,155 thousand hectares in 2000-2009, 3,423 hectares in 2009-2013 and reached 17,518 hectares in 2013-2017. FWI stated that the total amount of forest area converted to mining in North Konawe until 2017 was around 152,598 hectares. The loss of forest areas and damage to environmental ecosystems due to illegal mining then caused natural disasters such as floods and landslides which had a direct impact on the surrounding community 2) Law enforcement against Illegal Mining business actors in the perspective of environmental protection to achieve Supremacy Of Law is carried out by applying administrative sanctions, civil sanctions and criminal sanctions. Law enforcement officials in North Konawe carry out law enforcement measures in the form of preventive and repressive efforts including conducting surveillance on every mining activity and efforts to deal with corporate crime.

PEMBUKTIAN TERBALIK DALAM PERKARA TINDAK PIDANA KORUPSI (Analisis Putusan PN.TIPIKOR Samarinda NO.11/PID.SUSTPK/2016/PN.SMR) Yulian Yusuf, Niken; Kurniawati, Wa Ode Intan; Ningsih, Risky Sri Wahyu
Jurnal Multidisipliner Bharasumba Vol 2 No 01 (2023): Jurnal Multidisipliner Bharasumba
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/bharasumba.v2i01.536

This study aims to determine the extent to which the defendant's right to prove reversed against the charges of the public prosecutor in the Corruption Crime Decision Number: 11/Pid.Sus.TPK/2016/PN.Smr. and to find out about the legal considerations of the Panel of Judges in the Samarinda Corruption Court decision No.11 /Pid.Sus. TPK/2016/PN.Smr.. The results of this study indicate that 1. The factor that can free the Defendant from all charges of the Public Prosecutor in the Corruption Crime case is the emergence of new evidence submitted in reverse by the Defendant in front of the trial which then becomes a comparison of the quality of the assessment of evidence between the evidence submitted by the Public Prosecutor and the evidence submitted by the Defendant through his Legal Advisor, the evidence submitted by the Public Prosecutor sourced from the results of the police investigation related to letter evidence that requires testing by an expert has been refuted according to the facts revealed in the trial, namely: a. The factor of the existence of letter evidence submitted by the Defendant in the case of Corruption Crimes. The factor of the existence of letter evidence submitted by the Defendant in front of the trial, regarding the Geotehnik Study of Runway Improvement Development (Repair of Runway Land Phase I - 75,000 m2 in 2010) by Gadjah Mada University in March 2016. bThe factor of testing evidence from, Report on the Results of Expert Activities of Borneo University Tarakan, Faculty of Engineering No. 022/UN51.3/TU/2015 dated March 6, 2015 Regarding : The defendant's right to reverse proof, in accordance with the provisions of Article 37 paragraph (1) of Law No.31 of 1999 on the Eradication of Corruption, as amended by Law No.20 of 2001 on amendments to Law No.31 of 1999 on the Eradication of Corruption, states "The defendant has the right to prove that he did not commit the crime of corruption", the defendant has submitted evidence of letters, photographs and witnesses A Decharge and experts, as well as the facts revealed at trial.

PENEGAKAN HUKUM TINDAK PIDANA PERTAMBANGAN PASIR ILLEGAL (STUDI KASUS DI KELURAHAN NAMBO KOTA KENDARI SULAWESI TENGGARA) Yulian Yusuf, Niken; Kurnaiwati, Wa Ode Intan; Supriadi, Supriadi; Yusuf, M.; Ismail, La Ode; Basri, Muhammad; Tamar Yakub, L.M Yakda
PHENOMENON : Multidisciplinary Journal Of Sciences and Research Vol 2 No 02 (2024): PHENOMENON : Multidisciplinary Journal Of Sciences And Research
Publisher : Pusat Studi Ekonomi Publikasi Ilmiah dan Pengembangan SDM Azramedia indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/phenomenon.v2i02.1225

This study aims to determine and analyze the factors that cause Illegal sand mining in Nambo Village, Kendari City and to understand and analyze the law enforcement of illegal sand mining in Nambo Village, Kendari City, Southeast Sulawesi. Literature research method. The result of the research is that the problem of illegal sand mining is caused by various complex factors, ranging from high demand for sand, weak law enforcement, to lack of public awareness and economic alternatives. Effective handling requires comprehensive efforts from various parties, including the government, law enforcement officials, academics, and the community. Enforcement of illegal sand mining is carried out by controlling mining points that do not have licenses. It was observed that people's sand mining was also still closed, triggering community protests. In addition, heavy equipment confiscation and the determination of suspects for illegal mining perpetrators were also carried out. However, this needs to be balanced with the ease of community mining permits and assistance for the community in carrying out mining activities.

PERLINDUNGAN HUKUM BAGI HAK-HAK NARAPIDANA DALAM KASUS PERCERAIAN DI PENGADILAN AGAMA Kurniawati, Wa Ode Intan; Saprudin, Saprudin; Ismail, La Ode; Muhram, La Ode; Yulian Yusuf, Niken; Suprayogi Yusuf, Virya; Hayati, Sri; Rosta, Moses; Apriani, Leny
JICS : Journal Of International Community Service Vol 3 No 02 (2024): JICS : Journal Of International Community Service
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/jics.v3i2.1374

This study aims to analyze the legal protection of the rights of prisoners in the divorce process that takes place in the Religious Court. The method used in this research is a qualitative approach using case studies and in-depth interviews with several prisoners who are undergoing divorce at the Religious Court, as well as judges and related legal practitioners. The results show that although prisoners have the right to apply for divorce and receive legal protection, there are a number of challenges faced, including limited access to attend the trial in person, as well as communication problems between prisoners and legal counsel. Religious Courts tend to accommodate divorce proceedings through remote court facilities, but not all prisoners have sufficient understanding of the procedure. The contribution of this research is to provide recommendations for improving the legal system in the Religious Courts to provide maximum protection for prisoners in divorce cases

PENEGAKAN HUKUM TINDAK PIDANA PERTAMBANGAN PASIR ILLEGAL (STUDI KASUS DI KELURAHAN NAMBO KOTA KENDARI SULAWESI TENGGARA) Yulian Yusuf, Niken; Kurnaiwati, Wa Ode Intan; Supriadi, Supriadi; Yusuf, M.; Ismail, La Ode; Basri, Muhammad; Tamar Yakub, L.M Yakda
PHENOMENON : Multidisciplinary Journal Of Sciences and Research Vol 2 No 02 (2024): PHENOMENON : Multidisciplinary Journal Of Sciences And Research
Publisher : Pusat Studi Ekonomi Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/phenomenon.v2i02.1225

This study aims to determine and analyze the factors that cause Illegal sand mining in Nambo Village, Kendari City and to understand and analyze the law enforcement of illegal sand mining in Nambo Village, Kendari City, Southeast Sulawesi. Literature research method. The result of the research is that the problem of illegal sand mining is caused by various complex factors, ranging from high demand for sand, weak law enforcement, to lack of public awareness and economic alternatives. Effective handling requires comprehensive efforts from various parties, including the government, law enforcement officials, academics, and the community. Enforcement of illegal sand mining is carried out by controlling mining points that do not have licenses. It was observed that people's sand mining was also still closed, triggering community protests. In addition, heavy equipment confiscation and the determination of suspects for illegal mining perpetrators were also carried out. However, this needs to be balanced with the ease of community mining permits and assistance for the community in carrying out mining activities.

PENEGAKAN HUKUM TERHADAP PELAKU USAHA ILLEGAL MINING DALAM PERLINDUNGAN LINGKUNGAN HIDUP DI KONAWE UTARA Yulian Yusuf, Niken; Kurniawati, Wa Ode Intan; Yusuf, Virya Suprayogi
Jurnal Multidisipliner Bharasumba Vol 2 No 01 (2023): Jurnal Multidisipliner Bharasumba
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/bharasumba.v2i01.535

This research aims 1) To analyze and describe how the environmental impact due to Illegal Mining in North Konawe, 2) To analyze and describe how law enforcement against Illegal Mining business actors in relation to environmental protection in North Konawe. This research will use normative-empirical research, which is a type of research that examines formal legal regulations such as laws and regulations related to the discussion in this thesis such as the 1945 Constitution, Law Number 32 of 2009 concerning environmental protection and management, as well as theoretical concepts which are then linked to their application to law enforcement. The research results show that 1) The conversion of forest function into mining land resulted in deforestation or deforestation in North Konawe. North Konawe experienced deforestation up to 18,155 thousand hectares in 2000-2009, 3,423 hectares in 2009-2013 and reached 17,518 hectares in 2013-2017. FWI stated that the total amount of forest area converted to mining in North Konawe until 2017 was around 152,598 hectares. The loss of forest areas and damage to environmental ecosystems due to illegal mining then caused natural disasters such as floods and landslides which had a direct impact on the surrounding community 2) Law enforcement against Illegal Mining business actors in the perspective of environmental protection to achieve Supremacy Of Law is carried out by applying administrative sanctions, civil sanctions and criminal sanctions. Law enforcement officials in North Konawe carry out law enforcement measures in the form of preventive and repressive efforts including conducting surveillance on every mining activity and efforts to deal with corporate crime.

PEMBUKTIAN TERBALIK DALAM PERKARA TINDAK PIDANA KORUPSI (Analisis Putusan PN.TIPIKOR Samarinda NO.11/PID.SUSTPK/2016/PN.SMR) Yulian Yusuf, Niken; Kurniawati, Wa Ode Intan; Ningsih, Risky Sri Wahyu
Jurnal Multidisipliner Bharasumba Vol 2 No 01 (2023): Jurnal Multidisipliner Bharasumba
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/bharasumba.v2i01.536

This study aims to determine the extent to which the defendant's right to prove reversed against the charges of the public prosecutor in the Corruption Crime Decision Number: 11/Pid.Sus.TPK/2016/PN.Smr. and to find out about the legal considerations of the Panel of Judges in the Samarinda Corruption Court decision No.11 /Pid.Sus. TPK/2016/PN.Smr.. The results of this study indicate that 1. The factor that can free the Defendant from all charges of the Public Prosecutor in the Corruption Crime case is the emergence of new evidence submitted in reverse by the Defendant in front of the trial which then becomes a comparison of the quality of the assessment of evidence between the evidence submitted by the Public Prosecutor and the evidence submitted by the Defendant through his Legal Advisor, the evidence submitted by the Public Prosecutor sourced from the results of the police investigation related to letter evidence that requires testing by an expert has been refuted according to the facts revealed in the trial, namely: a. The factor of the existence of letter evidence submitted by the Defendant in the case of Corruption Crimes. The factor of the existence of letter evidence submitted by the Defendant in front of the trial, regarding the Geotehnik Study of Runway Improvement Development (Repair of Runway Land Phase I - 75,000 m2 in 2010) by Gadjah Mada University in March 2016. bThe factor of testing evidence from, Report on the Results of Expert Activities of Borneo University Tarakan, Faculty of Engineering No. 022/UN51.3/TU/2015 dated March 6, 2015 Regarding : The defendant's right to reverse proof, in accordance with the provisions of Article 37 paragraph (1) of Law No.31 of 1999 on the Eradication of Corruption, as amended by Law No.20 of 2001 on amendments to Law No.31 of 1999 on the Eradication of Corruption, states "The defendant has the right to prove that he did not commit the crime of corruption", the defendant has submitted evidence of letters, photographs and witnesses A Decharge and experts, as well as the facts revealed at trial.

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