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Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment Ismaidar Ismaidar; Tengku Riza Zarzani; Suramin Suramin
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.91

Abstract

Forest fires are an environmental problem that occurs so often that it has become a local and global concerns. The phenomenon of forest and land fires that occurred in various regions of Indonesia several years ago is a legal fact that the implementation of Law Number 32 of 2009 concerning Environmental Protection and Management, Law Numbers 19 of 2004 concerning Forestry and various other statutory regulations does note in understand with predetermined expectations and rules. It cannot be denied that the phenomenon.phenomenon of forests fires is a serious and urgent threat that must be addressed by all parties. The method used in this research is normative legal research whichcomes from primary data, secondary data and tertiary data to support the arguments in this article. The data collection technique is qualitative descriptive analysis, namely by taking a conceptual and statutory approach. Using literature studies by collecting data through books, articles, statutory regulations, journals or other legal literature as well as online sites that are relevant to the problem being written about. This research aims to determine the impact of forest fires which cause environmental damage, the application of criminal sanctions against corporations as legal subjects for criminal acts of forest burning which . Based on the description above, it can be concluded that in accordance with the development of Indonesian criminal law regulations, a corporation that is declared obstacles faced when applying criminal sanctions against corporations as legal subjects for criminal acts of forest burning which cause environmental damage legal subject can also be burdened with criminal liability. Corporations that have been proven to have burned forests
The Role of the Village Deliberative Body in Monitoring Village Fund Allocation in the Perspective of Law Number 14 of 2016 Suramin Suramin; Yasmirah Mandasari Saragih; Ismaidar Ismaidar
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.201

Abstract

Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.