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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

Abstract

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
Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences) Afrizal, Riki; Tenofrimer; Arma, Diana
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: 10.60034/7x177n34

Abstract

The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
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

Abstract

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