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TUNTUTAN PIDANA DALAM PENYELESAIAN SENGKETA PERJANJIAN DI INDONESIA ALLAN MUSTAFA UMAMI; HERA ALVINA SATRIAWAN
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.860

Abstract

Agreement disputes in Indonesia occur due to non-fulfillment of the rights of one party in the agreement by the other party. The agreement is made to serve as strong evidence if a dispute arises in the future. An agreement is a material law that applies to the parties who make it in accordance with the principle of pacta sunt servanda in Article 1338 of the Civil Code (KUHPer). The nature of this material law regulates the parties, but formal law is needed which aims to enforce this material law, which is also known as procedural law. In the event that an agreement is not fulfilled and a dispute arises, it can be caused by a breach of contract, an unlawful act, a defect in the will known in the Civil Code which is resolved through formal civil law mechanisms. It is possible that other legal remedies could be taken by the injured party, namely through a formal criminal law approach. The criminal settlement approach is used with the intention that the party who is charged or sued immediately completes his obligations. Of course, criminal efforts cannot immediately interfere in civil cases without there being evidence that there is a criminal element or a legal basis for the dispute to be directed to criminal prosecution. The formulation of the problem in this research is what is the law of criminal prosecution in resolving contractual disputes in Indonesia? The purpose of this research is to determine the law of criminal prosecution in resolving contractual disputes in Indonesia. The research method used in this research is normative legal research. The results of the research state that criminal charges to resolve agreement disputes are very possible provided that one of the parties has been proven to have committed a criminal act in the pre-agreement, agreement and post-agreement stages and with the proven criminal act being the basis for the aggrieved party to add to the claim for an unlawful act. regulated in Article 1365 of the Civil Code
Protection of springs in forest areas Hera Alvina Satriawan; Nathania Permata S
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1114

Abstract

Spring water is an essential natural resource that supports ecological stability and human survival, making its protection a significant environmental and legal governance issue. Amid increasing water demand, climate variability, and forest degradation, the State is required to establish a regulatory framework to preserve spring water, particularly in protected forest areas. This study examines the legal regulations governing the protection of spring water in forest zones using a normative legal research method. This study adopts a statutory approach by reviewing the 1945 Constitution, the Water Resources Act, the Forestry Act, and the Environmental Protection and Management Act, as well as a conceptual approach to analyze the doctrines of state control, the ecological function of forests, and principles of environmental protection. The findings demonstrate that protecting spring water is a constitutional mandate reinforced by interrelated sectoral statutes. Forests perform a critical hydrological function; thus, the degradation of forest areas directly affects the quality and availability of water. The Environmental Protection Act provides preventive legal instruments, such as the Strategic Environmental Assessment, Environmental Impact Assessment, and environmental approval, to control harmful activities. Additionally, forest rehabilitation programs and the designation of protected local zones strengthen the conservation measures. Although the legal framework is comprehensive, its effectiveness is hindered by policy inconsistencies, weak supervision, and conflicts of interest in land use decisions. An integrated, multilayered statutory system regulates the legal protection of spring water in forested areas. However, its success depends on consistent law enforcement, intergovernmental coordination, and strengthened local regulations to ensure sustainable water availability for future generations of farmers.