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All Journal Bharasumba Jurnal Multidispliner JICS : Journal Of International Community Service PHENOMENON : MULTIDISCIPLINARY JOURNAL OF SCIENCES AND RESEARCH
Yulian Yusuf, Niken
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Journal : Bharasumba Jurnal Multidispliner

 1 
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

Abstract

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

Abstract

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 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

Abstract

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

Abstract

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.
Co-Authors Apriani, Leny Ismail, La Ode Kurnaiwati, Wa Ode Intan Kurniawati, Wa Ode Intan M. Yusuf Muhammad Basri Muhram, La Ode Ningsih, Risky Sri Wahyu Rosta, Moses Saprudin Saprudin, Saprudin Sri Hayati, Sri Suprayogi Yusuf, Virya Supriadi Supriadi Tamar Yakub, L.M Yakda Wa Ode Intan Kurniawati Yusuf, Virya Suprayogi