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All Journal Reformasi Hukum Trisakti Amicus Curiae
Maria Silvya Elisabeth Wangga
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Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA DUMPING LIMBAH B3 (STUDI PUTUSAN NOMOR 164/PID.SUS/PN SDA): Imposition Of Criminal Sanctions On Perpetrators Of Hazardous Waste (B3) Dumping Crimes (Case Study Of Decision Number 164/Pid.Sus/Pn Sda) Muhammad Renaldy Lapaso; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23027

Abstract

Environmental damage has become a global issue with widespread impacts, one of which is caused by the illegal disposal of hazardous and toxic (B3) waste. Strict regulations are necessary to enforce sanctions against perpetrators of B3 waste dumping. However, in practice, there are cases where the enforcement of sanctions does not align with the Environmental Protection and Management Law (UU PPLH), as seen in Decision Number 164/PID.SUS/2023/PN SDA. This study examines the provisions of criminal sanctions for B3 waste dumping offenders under Article 104 of the UU PPLH and the fulfillment of special conditions in probationary sentences. Using a normative legal method with a descriptive approach, the findings result and the conclusion indicate that the imposed sanctions were not proportional to the environmental damage caused. According to B3 expert Muhammad Atjemain, such actions have the potential to cause severe and long-term environmental harm. Furthermore, the court did not impose the special conditions required for probation under Article 14c of the Indonesian Penal Code (KUHP), including the obligation to compensate for environmental damage.
TINDAK PIDANA PENGANIAYAAN DENGAN SENGAJA MENYEBABKAN CEDERA BERAT (PUTUSAN NOMOR 561/PID.B/2021/PN.SBY): The Crime Of Torture With Intentional Cause Serious Injury (Desicion Number  561/Pid.B/2021/PN.Sby) Syach Zaky Sultan; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24682

Abstract

The crime of assault perpetrated by the perpetrator against the victim has involved violent behavior that can cause various types of physical injuries to the victim. However, the victim may also experience serious psychological impacts due to the violence they have endured. The identification issues raised are: what are the criteria for intentional assault causing serious injury in Decision Number 561/Pid.B/2021/PN. Sby, and does the perpetrator's action of intentionally causing serious injury meet the qualifications of Article 351 Paragraph (2) in Decision Number 561/Pid.B/2021/PN.Sby. This research employs a normative research method with descriptive-analytical characteristics, utilizing both primary and secondary data obtained through literature review and analyzed qualitatively using deductive logical conclusion drawing. The research findings conclude that the defendant's actions have caused severe injuries to the victim by the criteria of Article 90 of the Indonesian Criminal Code (KUHP), which involves conditions of illness or injuries that do not provide hope for recovery or even result in death and there is appropriateness of the punishment and criminal sanctions given in this case. In the researcher's view, the charges that should have been brought forth are based on Article 351 Paragraph (2) of the Indonesian Criminal Code (KUHP) because the injuries suffered by the victim fall into the category of severe assault.
Co-Authors Muhamad Akbar Asanudin Muhammad Renaldy Lapaso Rigo Ijaprana Purba Rostislav Farin La Unsu Syach Zaky Sultan