Djiwandana, Alif Djangkung
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IZIN LINGKUNGAN: SUATU KAJIAN PERBANDINGAN PERATURAN PERUNDANG-UNDANGAN Djiwandana, Alif Djangkung; Firmansyah, Mochammad Erga
Journal Evidence Of Law Vol. 2 No. 1 (2023): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v2i1.232

Abstract

Management of resources in an area always requires licensing, where a permit is needed to take the first steps in managing resources or the environment in an area. This has actually been regulated in the UUPPLH and the Job Creation Law, but in these two regulations, the permits are different, where the UUPPLH is more on the environmental document process (Environmental Impact Analysis/Amdal) while the Job Creation Law simplifies the licensing process by integrating environmental permits into Business Permits. These two regulations have their respective impacts if an environmental violation of the permit occurs, the first will result in consequences for environmental permits while the second will have consequences for business permits. The Job Creation Law classifies business permits that provide warnings and high levels of care for health, safety, the environment, and resources. For this reason, The Job Creation Law remains in the public eye of various parties, even criticized and protested. Because This law is thought to only be concerned with corporations and investment, it even possibly compromises environmental law enforcement. This paper examines environmental permits in the UUPPLH and the Law on Job Creation to compare where the differences in environmental permits from the two laws are. And the author will also provide opinions regarding environmental permits from the two laws. The method used in writing this time is the Law on Job Creation main materials are legal journals that discuss licensing, the UUPPLH, and the Job Creation Law. We anticipate that this conversation will offer knowledge and understanding to the wider community about the importance of an environmental permit when it comes to managing natural resources in an area as well as an understanding of the differences in permits in the two laws.
Analisis Putusan Bebas Dalam Perbuatan Pidana Pemalsuan Buku Pemilikan Kendaraan Bermotor (Studi Putusan Pengadilan Negeri Kendal Nomor 21/Pid.B/2022/PN Kdl) Djiwandana, Alif Djangkung; Rosando, Abraham Ferry
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1366

Abstract

The falsification of Motor Vehicle Ownership Documents (BPKB) is a prevalent type of criminal offense due to its high economic value, making it commonly used as collateral for credit. This research is based on the decision of the Kendal District Court Number 21/Pid.B/2022/PN Kdl, which acquitted the defendant in a BPKB falsification case, despite the public prosecutor charging the defendant under Article 263 of the Indonesian Criminal Code (KUHP). This study aims to analyze: (1) the legal position of the defendat in the criminal act of BPKB falsification, and (2) the legal considerations of the judge in acquitting the defendant. This research uses a normative juridical method with a statutory approach and case approach. The data sources consist of primary legal materials such as the Indonesian Criminal Code and court decisions, as well as secondary legal materials such as legal literature and expert opinioons. The results of this research show that the defendant was not legally and concincingly proven to have forged or falsified the BPKB as referred to in Article 263 of the Criminal Code. The defendat merely acted as a supplier of original BPKB documents without the Vehicle Registration Certificate (STNK) and the vejicle itself, without direct involvement in falsifying the content of the documents. The judge considered that the elements of the offense were not fulfilled and applied the legal principle of in dubio pro reo, thus acquitting the defendant.