Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Media Hukum Indonesia (MHI)
Patricia, Zefanya
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Prinsip Pertanggungjawaban Mutlak Akibat Perbuatan Melawan Hukum Dalam Sengketa Pencemaran Lingkungan Ardiansyah, Aldizar Fikri; Rizqathallah, Mohamad Rifqi; Saputra, Rafi Rangga; Putri, Tiara Frianita; Patricia, Zefanya; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11634422

Abstract

This research reviews the principle of strict liability resulting from unlawful acts, implemented in environmental pollution disputes. An unlawful act, as stipulated in Article 1365 of the Indonesian Civil Code (KUH Perdata), is an act that violates civil law, either contained in an agreement or not, and causes harm to third parties. However, in its application, especially in environmental law enforcement, there are weaknesses in proving the element of fault. The principle of strict liability is regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, which means that in cases where environmental damage occurs, the defendant is absolutely responsible for the damage, regardless of intent or negligence. This research analyzes the decision of the North Jakarta District Court Number. 735/Pdt.G/2018/PN.Jkt.Utr., where PT How Are You Indonesia was found guilty of environmental pollution. According to Article 88 of Law Number 32 of 2009, those producing hazardous and toxic waste (B3) are strictly liable without the need for proof of fault. The judge granted the plaintiff's claim, declared the defendant guilty, and ordered them to pay compensation of IDR 12,198,942,574, emphasizing the importance of compliance with environmental standards and sending a strong message to other business actors.
Evaluasi Proses Penyusunan dan Pengesahan Rancangan Undang-Undang Tindak Pidana Kekerasan Seksual Patricia, Zefanya; Larasati, Giaby Amanda; Fiandie, Ursula Jacqueline
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14253263

Abstract

Sexual violence is a universal issue that cause significant negative impacts on its victims. In addition to deliver impacts on the victim's physical health, sexual violence also leaves a deep traumatic experience. In addition to being contrary to applicable laws and norms, sexual violence is also very contrary to the principles of humanity that are firmly held through human rights. The birth of the Draft of Sexual Violence Crime Law or better known as the RUU TPKS is an important step for Indonesia to strengthen the legal basis for dealing with various forms of sexual violence. Although at the end of its journey the draft has successfully legalized, the long journey of the RUU TPKS reflects the complexity in formulating policies aimed to protect vulnerable groups. This study aims to analyze and reflect the urgency and inhibiting factors in the preparation and ratification of the Draft of Sexual Violence Crime Law.
Co-Authors Ardiansyah, Aldizar Fikri Fiandie, Ursula Jacqueline Larasati, Giaby Amanda Putri, Tiara Frianita Ramadhani, Dwi Aryanti Rizqathallah, Mohamad Rifqi Saputra, Rafi Rangga