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THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.

IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1453

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.

JURIDICAL ANALYSIS OF THE EVIDENTIARY PRACTICE IN CRIMINAL CONSPIRACY IN NARCOTICS CASES Hasibuan, Imelda; Japri, Muhammad; Ratnasari, Desy
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.454

This research aims to analyze the implementation of evidence and criminal liability in the offense of conspiracy to commit narcotics crime, as well as to evaluate the legal considerations of judges in delivering a not guilty verdict to the defendant based on the Supreme Court Decision Number 1488 K/Pid.Sus/2021. The problems in this case highlight the complexity of proving the involvement of actors in a conspiracy, especially in narcotics cases classified as extraordinary crimes. This study also examines the validity of the evidence and the conformity of law enforcement with the principles of justice and legality. The method used in this research is normative juridical, using statutory, conceptual, and case approaches. The data is collected through literature review and judicial decisions, then analyzed qualitatively using the theory of justice, theory of evidence, and theory of criminal responsibility. This approach allows the researcher to examine the application of legal norms and principles in the practice of law enforcement against conspiracy in narcotics crime. The results of the research show that the process of proving conspiracy in narcotics cases does not fully align with the principle of due process of law due to the lack of technical evidence convincing enough for the judges. Criminal liability in this case cannot be imposed collectively without strong individual evidence. Moreover, the Supreme Court's decision to reject the prosecutor’s cassation reflects the limited scope for legal correction in not guilty verdicts. This highlights the need for regulatory reform and strengthening the capacity of law enforcement officers to handle narcotics crimes in a more comprehensive and fair manner.

ANALISIS YURIDIS PERBUATAN PENYUAPAN DALAM TINDAK PIDANA KORUPSI Hasibuan, Imelda; Sunariyo
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.1051

Over time, discussions about corruption have never ceased; corruption in Indonesia is rising. Corruption has spread widely in society in terms of the number of cases and the amount of state losses. It is a criminal act of exceptional quality, penetrating all aspects of community life. Examined from a juridical perspective, corruption is an extraordinary crime. Uncontrolled corruption will bring disaster not only to the nation's life but also to the nation and the state. The enforcement of Co Crimes law (Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes) is the primary remedy (preferred means), and criminal sanctions are the primary choice (premium medium). The results of this research show that the judge's decision is considered incorrect because the decision is proven to involve bribery as stated in Article 11 of Law Number 20 of 2001, amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes against the perpetrator mentioned, Jamel Panjaitan. Even though legal considerations and witness statements confirm that the perpetrator committed the crime of corruption through extortion as regulated in Article 12 letter e of Law Number 20 of 2001 amending Law No. 31 of 1999 concerning the Eradication of Corruption Crimes. Moreover, if the perpetrator's actions involve bribery, the briber should also be punished.

THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.

IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1453

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.

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