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All Journal Legal Opinion Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal HAM Jambura Law Review Jurnal Hukum Volkgeist Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Al-Adl : Jurnal Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM Lex Journal : Kajian Hukum dan Keadilan "Indonesian Journal of Environmental Law and Sustainable Development "
Nurhayati Mardin
Faculty Of Law, Tadulako University
Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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Asset Forfeiture for the Offense of Illicit Enrichment: Between Eradication and Deterrence Ashalirrohman, Yusron; Nurhayati
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8771

Abstract

The Indonesian government has ratified the United Nations Convention Against Corruption (UNCAC) or the UN Anti-Corruption Convention with law number 7 of 2006. One of the important issues is the return of criminal assets through asset confiscation and criminalizing illicit enrichment. However, to date the Asset Forfeiture Bill has not been passed. This research aims to examine the practice of asset confiscation in Indonesia, the obstacles that arise as a result of the incomplete discussion of the Draft Law on Asset Forfeiture, giving the impression that there is an attempt to obstruct it, and the urgency of reforming the law for handling criminal acts of corruption by criminalizing asset confiscation for illicit enrichment offenses. This research uses a normative method with a statutory, conceptual and country comparison approach. From the results of this research, recommendations were obtained to strengthen and encourage efforts to ratify the Draft Law on Asset Forfeiture in Indonesia.
IMPLEMENTASI PENYIDIKAN TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH KABUPATEN TOJO UNA UNA Mardin, Nurhayati; Haryanti, Tuti; Nur Qalbi, VIvi; Kharismawan, Adiguna
Al-Adl : Jurnal Hukum Vol 16, No 2 (2024)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v16i2.14018

Abstract

Deforestation is a phenomenon that needs to be addressed seriously to preserve the environment. One of the causes of deforestation is illegal logging activities in forest areas. The purpose of this research is to examine the impact of illegal logging, analyze the law enforcement process against illegal logging perpetrators and analyse obstacles in the implementation of law enforcement against illegal logging in Tojo Una-Una Regency. The research method uses empirical juridical research by using a conceptual approach and a case approach. This research concludes that the investigation of the crime of illegal logging in the Tojo Una-Una Regency area is carried out by Investigators at the Tojo Una-Una Police Station and Civil Servant Investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre and obstacles in the implementation of law enforcement come from technical obstacles such as the difficulty of the terrain that must be traversed to reach the forest area,  lack of facilities and infrastructure and lack of personnel at Tojo Una-Una Police Station and investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre to carry out law enforcement duties against illegal logging crimes, as well as obstacles originating from the rule of law or legal substance, especially after the enactment of the Job Creation law. 
Seeking Substantive Justice: The Progressive Spirit of Law on Sexual Violence Crimes Nurhayati Nurhayati; Ana Fauzia; Fathul Hamdani; Nurhayati binti Abdul Ghani
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3749

Abstract

Sexual violence is a massive phenomenon that occurs in society. Sexual violence occurs in various places in Indonesia, including educational institutions. Massive sexual violence made the government and the House of Representatives (Dewan Perwakilan Rakyat or DPR) pass the Law on Sexual Violence Crimes (Indonesian: Undang-Undang Tindak Pidana Kekerasan Seksual, abbreviated as TPKS Law). The TPKS Law is oriented as an effort to prevent and overcome criminal acts of sexual harassment. This study aims to analyze the progressive orientation of the TPKS Law, including how the TPKS Law can provide and present substantive justice in society. This research is normative legal research that seeks to discuss and analyze legal products in the form of laws. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the TPKS Law is a law with a responsive character in the form of a progressive orientation related to preventive approaches to prevent sexual violence and the need for policies and mechanisms in each institution to prevent as well as crack down on sexual violence, the need for regular socialization and understanding of sexual violence in each institution, community, transparent, consistent, and conscientious enforcement of criminal law related to sexual violence, and the need for other mechanisms related to efforts to ensure healing and fulfillment of rights for victims of sexual violence.
Environment as a Legal Subject in the Reconstruction of Indonesia’s Environmental Law Fernando, Zico Junius; Sinaga, Lestari; Iskandar, Iskandar; Mardin, Nurhayati; Arifin, Firdaus
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i1.20146

Abstract

This study aims to analyze the new paradigm of recognizing the environment as a legal subject within Indonesia's legal system and its implications for environmental law enforcement. Driven by the increasingly complex environmental crisis caused by natural resource exploitation, environmental degradation, and climate change, this paradigm introduces an eco-centric approach and the theory of biocentric justice. The concept acknowledges the environment as a legal entity with intrinsic rights to exist, develop, and be restored when damaged. The research employs a normative approach with qualitative analysis methods and comparative studies of countries such as Ecuador, Bolivia, New Zealand and India which have implemented the recognition of the environment as a legal subject. The findings indicate that recognizing the environment as a legal subject in Indonesia requires comprehensive legal reforms, including constitutional amendments, the enactment of specific laws on environmental rights, strengthening law enforcement institutions, and empowering communities. This recognition is expected to enhance environmental law enforcement, establish ecological justice, and promote sustainable development. Therefore, this paradigm not only serves as a solution to the environmental crisis but also reflects Indonesia's commitment to Pancasila values and the sustainability of future generations.  
Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Mardin, Nurhayati; Purnamasari, Andi Intan; Miqat, Nurul; Kharismawan, Adiguna; Nur, Rafika
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.745 KB) | DOI: 10.33756/jlr.v4i2.15132

Abstract

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.
Outline of the Consumer Dispute Resolution Agency as a Means of Legal Protection: Is it Optimal? Lasatu, Asri; Jubair, Jubair; Insarullah, Insarullah; Mardin, Nurhayati; Korompot, Ratu Ratna
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.338 KB) | DOI: 10.33756/jlr.v4i2.17840

Abstract

Consumer protection is an effort to guarantee legal certainty to protect consumer rights. Consumer protection is a government responsibility delegated to the Consumer Dispute Settlement Body. This responsibility is carried out through preventive and repressive efforts. The problem in this research is what is the role of Consumer Dispute Settlement Body in implementing consumer law protection in Central Sulawesi Province. Type of normative-empirical research with a mixed method approach. The analysis was carried out qualitatively-quantitatively, and the results are descriptive-analytic. The research results show that Consumer Dispute Settlement Body's role in consumer legal protection is not maximized because it is influenced by structural, substance, and societal, cultural factors.
The Permits as an Integration Mechanism: Legal Protection Efforts for Land Rights Holders Relating to Mining Permits Surahman, Surahman; Mardin, Nurhayati; Syachdin, Syachdin; Anandy, Widyatmi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4464

Abstract

This research aims to analyze the position of permits as well as formulate the position of permits as an integration mechanism related to preventive means to minimize disputes and disputes between mining permit holders. This research is normative legal research with a statutory and conceptual approach. The research results confirm that the position of permits as a preventive legal protection effort in society has an orientation to prevent and minimize disputes or disputes between land rights and mining permits. Permits as an integration mechanism for land rights holders relating to mining permits can be carried out by carrying out reformulation in which mining permits are granted by first fulfilling the conditions for resolving various problems between mining permit holders and land right holders. Resolving various problems between mining permit holders and land rights holders is carried out using a comprehensive and holistic approach that not only prioritizes legal approaches, but accommodates political, economic and cultural approaches.
Co-Authors Abdul Wahid Adiguna Kharismawan Ana Fauzia Andi Intan Andi Intan Purnamasari Ashalirrohman, Yusron Asri Lasatu Bustamin Daeng Kunu DIRGAHAYU, UMIAR Fernando, Zico Junius Firdaus Arifin, Firdaus Hamdani, Fathul Handar Subhandi Bakhtiar Hasanuddin Hasanuddin Insarullah, Insarullah Iskandar Iskandar JUBAIR, JUBAIR Jubair, Jubair M WUON, INGGRID Manga Patila Mawaddah, Dinda Nurhayati binti Abdul Ghani Nurul Miqat Prayitno Imam Santosa Rafika Nur Ratu Ratna Korompot Salam, Johnny Saputra, Hermawan Jaya Sinaga, Lestari Sunardi Purwanda Surahman Surahman Surahman Wilade Syachdin, Syachdin Tuti Haryanti Tuti Haryanti, Tuti Vivi Nur Qalbi Widyatmi Anandy YUSMAN, BENNY D. Yusman, Benny Diktus