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Implementation of Straight Liability and Liability Based on Fault Concepts in Environmentally Sound Economic Development in Indonesia Siagian, Fahrizal S.; Saragih, Geofani Milthree; Firouzfar, Saied
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11409099

Abstract

This research aims to answer problems related to the regulation of the concept of punishment in environmental aspects in the Indonesian criminal justice system. Secondly, this research aims to answer the juridical implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia. This research uses normative legal research that focuses on primary, secondary, and tertiary legal materials. This research obtained several important points including legal arrangements related to the concept of environmental crime regulated in Law Number 32 of 2009 concerning Protection and Management of the Indonesian Environment. Second, the implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia so far has not been maximised. This is due to the lack of mentality and consistency of law enforcement officials to enforce environmental law in a complex manner. So that this research proposes to strengthen the essence and existence of law enforcement officials in enforcing environmental law in order to preserve Indonesia's environmental ecosystem.
Review of the Applicability of Advocate Immunity Rights in Indonesia : A Comparative Study with the Australian Solicitor Siagian, Fahrizal S.; Lubis , Andi Hakim; Firouzfar, Saied
Neoclassical Legal Review: Journal of Law and Contemporary Issues Vol. 1 No. 1 (2022): Neoclassical Legal Review: Journal of Law and Contemporary Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/nlrjolci.v1i1.16858

Abstract

Advocates are one part of the Law Enforcement Officers who have rights and obligations that must be obeyed by each party. Advocate Immunity Rights which is a right that states advocates cannot be prosecuted civilly or criminally in carrying out their professional duties in good faith for the benefit of client defense. Problems are how is the influence of legal sociology in supporting the professional duties of advocates? and how is the applicability of advocate immunity rights in accordance with the indonesian advocates law and the australian solicitor studied based on legal compliance theory? The purpose of this study is to answer the various problems of this research. Normative juridical method with a comparative study approach in Indonesia and Australia. The essential influence of legal sociology in supporting the professional duties of advocates is because advocates will be faced with diverse community cultures. Legal compliance theory of advocate immunity rights in accordance with Advocate Law Number 18 of 2003 is still often ignored by other law enforcement officials. Advocates are still often criminalized in carrying out professional duties, namely defending their clients, unlike in Australia which prioritizes immunity rights. This is a special concern for each of the law enforcement institution to respect each other, in order to create fair law enforcement
THE PROBLEMATICS OF LAW ENFORCEMENT AGAINST THE EXECUTION OF ELECTORAL PENALTIES IN INDONESIA Lubis, Andi Hakim; Siagian, Fahrizal S.; Putra, Panca Sarjana; Firouzfar, Saied
Semarang Law Review (SLR) Vol. 5 No. 1 (2024): April
Publisher : Fakultas Hukum, Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/slr.v5i1.9358

Abstract

Crimes occur in many ways, one of them in the context of elections in Indonesia. The potential crimes perpetrated by political party supporters in various areas of Indonesia whose law enforcement is not working to the maximum is one of the problems. The problem in this study is first, how do legal provisions relate to law enforcement against electoral crimes in Indonesia? Secondly, the problem of law enforcement against electoral crimes in Indonesia? Third, reconstruction of law enforcement against electoral crimes in Indonesia? The aim of this research is to determine the regulation and legal analysis of the forms of crime black campaigns in accordance with the law. This research uses normative law research with secondary data and processes data from primary, secondary, and tertiary legal materials. The results of the first study are that the legal provisions for electoral offences in Indonesia are regulated in the Law Number 7 of 2017, Criminal Law, and the Law on Electronic Information and Transactions. (ITE). Second, that the Law Enforcement Problems Against Electoral Crimes in Indonesia, i.e. the inadequate application of criminal law in elections, constitutes an obstacle to the increase in the incidence of electoral crimes that have violated the Election Law Number 7 of 2017 and the Penal Code as well as the Information and Electronic Transaction Law. (ITE). Thirdly, it is expected that Indonesia will have a specialized agency that will strictly prosecute electoral criminals. Therefore, it can be concluded that electoral crimes are not maximized due to weak enforcement of electoral law.
Justice based corruption eradication policy: A comparison between Indonesia and Denmark Siagian, Fahrizal S.; Lubis, Andi Hakim; Salwa, Nabila Afifah; Firouzfar, Saied
Integritas: Jurnal Antikorupsi Vol. 10 No. 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1134

Abstract

: This research was conducted to obtain an explanation of corruption eradication policies in Denmark and Indonesia. In addition, to find out the justice-based corruption eradication policy in a comparative study of Indonesia and Denmark. This research uses a normative juridical method with a literature study. Based on this, the required results are that corruption eradication policies in Indonesia and Denmark have significant differences. Denmark inserts corruption eradication provisions into each of its laws and regulations and uses a strict element of transparency in state financial management. Denmark utilizes social sanctions supported by the legal culture of its highly law-abiding society. Second, the policy reconstruction that can be used in Indonesia to eradicate corruption adopts the Danish policy. Namely, the anti-corruption agency with independent status integrates corruption eradication regulations into national legislation emphasizing strict sanctions and transparency of state financial management correlated with the wealth of state officials. The independence of the Corruption Eradication Commission is crucial. Applying Denmark’s mechanisms could lead to a breakthrough in corruption eradication in Indonesia.