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All Journal Wacana Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Indonesian Legal Studies Lex Scientia Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Masyarakat Berdaya dan Inovasi JHCLS JURIS (Jurnal Ilmiah Syariah) Journal of Law, Environmental and Justice Journal of Law and Legal Reform Justice Dialectical
Rian Saputra
Faculty of Law, Universitas Slamet Riyadi, Indonesia
Religion Humanities Economics, Econometrics & Finance Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Social Sciences Other

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Ecological justice in environmental criminal sanctions for corporations in Indonesia: Problems and Solution Saputra, Rian; Usada, Albertus; Islam , Muhammad Saiful
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.19

Abstract

This study examines the ecological justice approach to imposing criminal sanctions on corporations in Indonesia for environmental crimes. The author also discusses the challenges associated with implementing this approach and aims to explain the measures and principles involved in regulating sanctions for environmental crimes committed by corporations while ensuring a balance between ecological justice and legal certainty. This study employs a normative legal research methodology, utilising a case-based approach, a statutory approach, and a conceptual approach. The research findings indicate that the regulation of fines for environmental restoration has implemented an ecological justice strategy focused on safeguarding the environment. Nevertheless, there are concerns regarding legal certainty in addressing the balance between ecological justice and legal certainty. This can be achieved through various means, including a. incorporating effective measures and specific types of improvement into criminal sanctions for environmental restoration and b. prioritising additional criminal sanctions for environmental restoration as the primary form of punishment while taking into account the importance of legal certainty.
Ecological justice in Indonesia and China post-mining land use? Saputra, Rian; Zaid, M; Gunawan, Matthew Marcellinno; Pei-Chi , Wu
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.108

Abstract

This paper thoroughly examines the regulation and implementation of post-mining land use in Indonesia and China. This study employs a statutory and comparative legal approach to examine both countries’ regulations and utilization of post-mining land. The research findings indicate that Indonesia lacks legal rules for post-mining land utilization. The Mineral and Coal Mining Law in Indonesia and other legislation solely governs the transfer of post-mining land from companies to eligible parties via the Minister, Governor, or Regent/Mayor. These provisions indicate that post-mining land use in Indonesia continues to adopt an anthropocentric perspective and has not yet embraced ecological justice. In China, the utilization of post-mining land is modified to align with ecological, social, and economic requirements, designating it for agricultural purposes, straw cultivation, and infrastructure, including agricultural land, straw fields, grasslands, forests, wildlife habitats, biofuel crops, and areas designated for industrial, commercial, and residential development. Interestingly, when the decision is made to convert post-mining state land into agricultural land, following feasibility approval by local authorities in China, the transfer is granted to rural communities collectively or to those surrounding the post-mining area for management as agricultural land.
Post-Mining Land Use Regulations and Practices in the United States of America: Lesson for Indonesia Saputra, Rian; Hanum, Willy Naresta; Gunawan, Vincent Ariesto
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i1.118

Abstract

This research assesses practices and legislation about post-mining land utilization in the United States. This paper examines insights from these practices and legislation within the Indonesian legal environment. This study employs a normative legal methodology within a comparative legal framework. The research indicates that the United States’s post-mining land use policies and practices are regulated by the Surface Mining Control and Reclamation Act (SMCRA) and different federal regulations supporting public purposes such as airports, shopping centers, and industrial zones. Rigorous supervision is enforced on post-mining land prior to its designation as appropriate for use. Specialized land management methods are implemented when mining occurs on prime agricultural land. The efficacy of reclamation is significantly contingent upon the use of scientifically substantiated optimal management practices that emphasize ecological restoration and biodiversity enhancement. Longitudinal studies in the United States about ecological reclamation demonstrate that effective strategies, including surface soil replacement and customized planting schemes, markedly enhance the likelihood of successful revegetation of former mining sites. The United States offers a robust framework underpinned by comprehensive policies and efficient implementation that Indonesia can adopt. Future adoption of post-mining land use policies and practices in Indonesia should establish a harmonious equilibrium that fosters sustainable development, preserves environmental integrity, and promotes active community engagement.
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Saputra, Rian; Zaid, M; Wibowo, Muhammad Kurniawan Budi; Hanum, Willy Naresta; Triasari, Devi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
Reforming the Prosecutor's Role in the Constitutional System Rian Saputra; Nilam Firmandayu
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.54

Abstract

Legal uncertainty regarding the independence of the prosecutor is caused by its position as part of the executive institution, but also has a function as a judicial institution. This research is a normative legal study that employs a statutory approach to assess the suitability of regulating the prosecutor's office, whether it operates as a standalone judicial institution or as a component of an executive institution. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that regulations still overlap because the prosecutor's office carries out a judicial function, but in other interpretations, it is still under executive power. Second, a model for reforming the prosecutor's office position based on the theory of separation and distribution of power is needed to guarantee its independence in the law enforcement process. Therefore, this research can help the Indonesian government clarify the prosecutor's office's authority as a manifestation of the independent division of power.
Authority of The Indonesian Corruption Eradication Commission Post Amendment to Law No. 19 of 2019: Regresive or Progressive in Law Enforcement? Fransiscus Xaverius Hastowo Broto Laksito; Rian Saputra; Doris Rahmat; Waluyo Slamet Pradoto; Aji Bawono; Kesya Zhalibina Sunarto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.5334

Abstract

The aim of this research is to look at the transformation of the Corruption Eradication Commission Institution after the revision of the new Indonesian Corruption Eradication Commission (KPK) Law in supporting corruption prevention policies in Indonesia. This research was conducted using doctrinal legal research methods or normative legal research. In this research, the approaches used include: Statute Approach. Conceptual Approach, Historical Approach, Case Approach. The research results show that: 1) The authority of the Corruption Eradication Commission (KPK) after the promulgation of Law no. 19 of 2019 concerning the Second Amendment to Law no. 30 of 2002 concerning the Corruption Eradication Commission, with the addition of the Supervisory Board within the Corruption Eradication Commission (KPK)  Institution which has quite large authority, namely not only supervision but also the implementation of the authority of the Corruption Eradication Committee, namely that it must first obtain permission from the Supervisory Board before carrying out wiretapping, searches and/ or the confiscation is carried out by the Corruption Eradication Commission, this can hinder law enforcement in eradicating criminal acts of corruption and can also affect the independence of the Eradication of Corruption Crimes within the Corruption Eradication Commission Institution.
Co-Authors Abdul Kadir Jaelani Adi Sulistiyono Aji Bawono Ardi, Muhammad Khalif Bambang Tri Bawono Bobur Baxtishodovich Sobirov Doris Rahmat Emmy Latifah Fransiscus Xaverius Hastowo Broto Laksito Gaini Mukhanova Gunawan, Matthew Marcellinno Gunawan, Vincent Ariesto Hanum, Willy Naresta Islam , Muhammad Saiful Jaco Barkhuizen Josef Purwadi Setiodjati Kesya Zhalibina Sunarto M Zaid M Zaid Nilam Firmandayu Pei-Chi , Wu Pujiyono Pujiyono Pujiyono Suwadi Resti Dian Luthviati Setiojati, Josef Purwadi Silaas Oghenemaro Emovwodo Sunny Ummul Firdaus Tiara Tiolince Triasari, Devi Usada, Albertus Waluyo Slamet Pradoto Wibowo, Muhammad Kurniawan Budi Zaid, M