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Dampak Penghapusan Ketentuan Pidana Pencemaran Limbah B3 Oleh Korporasi Industri Kelapa Sawit Dalam Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Rahmi Wijaya, Annisa; Yandriza; Tenofrimer
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.10-21.2024

The Palm Oil industry produces Hazardous and Toxic Waste (B3). However, along with the development of legal regulations in Indonesia, Law Number 6 of 2023 concerning Cipta Kerja was born. This legal reform has an impact on several changes in a statutory provision, one of which is the provision regarding the environment. One of the changes in the ratification of the Job Creation Law is the elimination of criminal sanctions for environmental crimes which are replaced with administrative sanctions. The provisions in the Job Creation Law that abolish Article 102 of the UUPPLH where the abolition of this article can no longer be subject to criminal liability to any person who manages B3 waste without a permit. The research used is normative legal research using the Status Approach. This research is descriptive in nature which is organized systematically. The results of the study state that the impact of the palm oil industry on B3 waste pollution provides convenience for corporations, but reduces the quality of life of the surrounding community. This also affects environmental legal protection, such as the lack of deterrent effects, non-optimal ecological recovery, and poor environmental supervision. With the Cipta Kerja Law, corporations are only subject to administrative sanctions for such violations

Criminal Responsibility For The Occurring of a Patient Safety Incident In a Health Center Which Results in the Leaving of A Baby's Head in a Mother's Womb Before Birth in the Perspective of Health Law in Indonesia Yandriza; Raspati, Lucky; Elvandari, Siska; Irwan Nanda, Anggun
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/enk4hx15

This research was motivated by a mother from Panpajung Village, Modung, Bangkalan, Madura, East Java, reporting a midwife to the police on suspicion of malpractice. The mother lost the baby she was carrying after the baby's head was left in the womb during the birth process at the health center. The explanation of this case is interesting for the author to discuss who should be responsible for it all, and what criminal responsibility is like regarding the occurrence of patient safety incidents at a community health center resulting in the baby's head being left in the mother's womb before birth in the perspective of health law in Indonesia. The death that occurred to the baby is of course the subject of our collective evaluation, while remaining in favor of the aim of criminal law to provide protection against crimes against a person's body and life, and the death that occurred to the baby, of course, is contrary to the mandate of Law no. 39 of 1999 concerning Human Rights regarding: The Right to Life, and the Right to Defend Life, and also contradicts the aim of health law to reduce suffering, prolong life, and accompany patients until the end of their lives.

Delegation of Authority From The General Court to the Shariah Court in Nanggroe Aceh Darussalam Province Alsyam; Yandriza; Zulkifli
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025): June
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/mc5q7e03

Law enforcement carried out by the Aceh Syar'iyah Court cannot be separated from the bureaucracy which is one of the vehicles in the implementation of judicial power. Bureaucracy is a determining factor in the success of the entire program agenda including in the framework of realizing a clean and free judicial apparatus from KKN so that the bureaucrats in the Aceh Syar'iyah Court can realize good governance (good governance). The Aceh Syar'iyah Court in carrying out all activities related to the interests of the Appellate Court, both administrative, financial and organizational in nature, is obliged to be accountable for the implementation of its duties, functions and roles in the management of resources, and sources of funds and authorities entrusted to the public referring to the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: MA / SEK / 07 / SK / III / 2006 concerning the Organization and Work Procedures of the Secretariat of the Supreme Court of the Republic of Indonesia, the Supreme Court of the Republic of Indonesia as one of the state / government institutions in accordance with the Decree of the People's Consultative Assembly Number: XI / MPR / 1998 concerning the Implementation of a Clean and Corruption-Free State, Collusion and Nepotism and Presidential Instruction Number: 7 of 1999 concerning Accountability of Government Agency Performance. The legal research method is a systematic way of conducting research. Normative legal research uses normative case studies in the form of legal behavior products, for example reviewing laws. The results of this study explain that first, the Syar'iyah Court only carry out its functions within the scope of the authority of the Religious Court in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, sadaqah and sharia economy, whereas criminal matters are only limited to matters alcohol(liquor), solitude (pervert),gambling(gambling). Second, the authority of the Sharia Court is no longer limited to certain civil matters, but also covers the fields of mu'amalah and jinayah. However, in fact, the laws and regulations concerning the duties of the Sharia Court are still incomplete and thisThis is one of the problems faced. While Law Number 48 of 2009 no longer explains about the Syar'iyah Court until the position and the authority of the Sharia Court in Aceh becomes unclear

Penerapan Electronic Traffic Law enforcement (ETLE) Terhadap Pelanggaran Lalu Lintas Di Wilayah Hukum Polresta Padang Oktara Roberto; Yandriza
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.1.i.2.p.36-44.2023

The very rapid development of technology has an impact on all sectors of human life. The development of this technology was utilized by the Indonesian National Police by creating an electronic ticketing system called electronic traffic law enforcement, abbreviated as ETLE. The implementation of ETLE aims to reduce the number of traffic violations, eliminate the phenomenon of illegal collection during enforcement and simplify the ticket enforcement process. The number of traffic violations in the city of Padang has increased significantly after the implementation of ETLE. In implementing ETLE, the Polresta Padang encountered several obstacles, such as a lack of public knowledge and a lack of public awareness regarding the renewal of the ticketing system through ETLE. This research uses empirical juridical research methods with descriptive research characteristics. The required data comes from primary data and secondary data taken from a study of documents and interviews at the Padang City Police Department. This ETLE ticketing system has been implemented in the city of Padang starting from March 24 2021 until now. The research results show that the implementation of the electronic traffic law enforcement ticketing system has not been fully implemented optimally. The implementation of ETLE is not yet optimal due to several obstacles such as the public's lack of knowledge of traffic regulations and the ETLE system, lack of facilities and infrastructure, social and cultural factors that are developing in the community and weaknesses in the system for identifying violating vehicles. This is still a fundamental factor causing the increase in traffic violations in the jurisdiction of the Polresta Padang.

Peran Unit PPA Polres Payakumbuh dalam Memberikan Perlindungan Terhadap Anak Korban Kekerasan Fisik Harianja, Marissa; Tenofrimer; Yandriza
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 3 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.3.i.1.p.28-37.2025

Children Victims of Physical Violence are children who experience violence with pain, illness or serious injury. In Indonesia, physical violence against children is the second most common form of violence after sexual violence. However, seeing the surge in cases that continue to increase, especially cases of physical violence against children, raises a question regarding the role of this the PPA Unit of the Payakumbuh Police. Therefore, the formulation of the problem that will be discussed in this study is how is the role of the PPA unit of the Payakumbuh Police in providing protection for children victims of physical violence This research uses a sociological juridical method with the nature of descriptive research analysis. The results of the study show that the role of the Payakumbuh Police PPA Unit in an effort to provide protection, namely through mentoring, providing motivation and cooperating with related parties. Assistance to children victims of physical crimes at the Payakumbuh Police has been carried out since the report and/or complaint was received by the PPA Unit. This is mandatory to provide protection for victims both in prevention, mentoring, medical rehabilitation and social rehabilitation efforts which are the rights of children victims of physical violence. The obstacles experienced by this unit are in terms of victims, personnel, facilities, and the Special Service Room. The solution carried out by the Payakumbuh Police is to synergize between PPA personnel and the Payakumbuh Police, approach the victim, provide knowledge to personnel and utilize existing facilities

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