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All Journal Journal of Judicial Review Law Research Review Quarterly
Sanni, Devi Mutiara
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Education Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Tengkawang Seed Exports in the Context of Natural Resource Conservation Sanni, Devi Mutiara; Hariri, Achmad
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.9936

Abstract

The conflict between the Regulation of the Minister of Environment and Forestry (LHK) No. P.106/MENLHK/SETJEN/KUM.1/12/2018 and the Regulation of the Minister of Trade (Permendag) No. 44 of 2012 has created significant legal uncertainty regarding the protection and trade of tengkawang seeds in Indonesia. The LHK Regulation does not include tengkawang seeds as a protected plant species, while the Permendag prohibits the export of tengkawang seeds. This study aims to analyze the normative conflict related to the regulations governing the export of tengkawang seeds and its implications for environmental conservation and the economy in Pontianak City. The research methodology used is normative analysis with a statutory approach. Legal materials were obtained through document studies of laws and regulations and literature reviews.The research results show that this regulatory conflict hinders the export of tengkawang seeds, harms business actors, and potentially increases illegal trade activities. Furthermore, this inconsistency also causes confusion among law enforcement officials and the general public regarding the protection status of tengkawang seeds. This study recommends harmonizing regulations between the Ministry of Environment and Forestry and the Ministry of Trade to ensure effective protection of tengkawang seeds while supporting economic growth through legal and regulated trade. Additionally, in accordance with the legal principle lex posterior derogat legi priori, the newer law should prevail. Moreover, as per the LHK regulation, tengkawang seeds are not classified as protected plant varieties, which legally allows them to be exported.
Analysis Of Corporate Criminal Responsibility After The Enactment Of Law No. 1 Of 2023 On The Penal Code Asis; Sanni, Devi Mutiara
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.33025

Abstract

This research aims to understand the concept of corporate criminal liability following the issuance of Law No. 1 of 2023 on the Criminal Code. Corporate criminal liability has become increasingly important due to the tendency of companies to engage in actions that harm society, the environment, or even their own employees. The research method used in this study is normative legal research with a legislative approach. Data were collected from primary and secondary sources related to corporate criminal liability. The research findings indicate that although Indonesia has Law No. 1 of 2023 on the Criminal Code, which includes provisions on criminal liability for corporations, there are still challenges in enforcing the law. Some of the challenges faced include the weak corporate awareness of social and environmental responsibility, as well as limitations in the role of law enforcement agencies in investigating and prosecuting corporate criminal acts. In this regard, efforts need to be made to enhance corporate awareness of social and environmental responsibility, as well as to improve the capacity of law enforcement agencies in handling corporate criminal acts. This research is expected to contribute to the development of corporate criminal law theory in Indonesia.  
Co-Authors Asis Mirza Hilmi Fahlevi, Achmad Hariri