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All Journal Lex Lata: Jurnal Ilmah Ilmu Hukum Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Lex Stricta : Jurnal Ilmu Hukum
Iza Rumesten RS
Universitas Sriwijaya
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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AUTHORITY AND LEGAL CONSEQUENCES OF CITY GOVERNMENTS IN FULFILLING SUSTAINABLE ECO-CITIES: A STUDY ON GREEN OPEN SPACE PROVISION Charles Godang Halomoan Hasibuan; Iza Rumesten RS; Suci Flambonita
Lex LATA Vol. 8 No. 1 (2026): MARET 2026
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v8i1.3861

Abstract

Environmental issues in urban areas are becoming increasingly complex due to rising population density and ecological degradation. Providing Green Open Space (RTH) with a minimum threshold of 30% of the total urban area is a statutory obligation, yet its implementation is frequently neglected due to weak legal enforcement. This normative juridical research aims to analyze the implementation of city government authority in green open space development and the legal consequences that arise when such obligations are unfulfilled. Utilizing statute, case, and futuristic approaches, the study concludes that city governments possess full, attributive authority under Law Number 26 of 2007 concerning Spatial Planning to plan and control green spaces based on ecoregions. Non-compliance or negligence by the city government in providing green open spaces results in legal consequences, specifically granting citizens the legal standing to file lawsuits (citizen lawsuits or class actions) for violations of human rights to a healthy environment. Furthermore, it triggers administrative and judicial sanctions in accordance with the Environmental Protection and Management Law. This study recommends strengthening the legal commitment of city governments to integrate eco-city concepts to realize sustainable development goals.
Transformation of The Prosecutor's Supervisory Function Through The Consultant and Catalyst Paradigm Ryan Sumartha Syamsu; Amzulian Rifa’i; Iza Rumesten RS
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 6 No. 3 (2026): August
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v6i3.4447

Abstract

The transformation of the internal supervisor of the prosecutor's office is important, from a watchdog to a consultant and a catalyst to improve the performance and reputation of the prosecutor's office. This study analyzes the implementation of internal supervision of the prosecutor's office from watchdogs to consultants and catalysts, as well as the concept of internal supervision of the prosecutor's office to become consultants and catalysts in the future. The normative legal research method is carried out both by researching literature materials in the form of laws and regulations, literature, comparison, and case studies. 5 The concepts of IIA and 6 directives contained in the Circular Letter of the Deputy Attorney General for Supervision Number B-69/H/HJW/06/2019 should be regulated in the provisions of Article 23 of the Attorney General's Regulation Number PER-022/A/JA/03/2011 concerning the Implementation of Supervision of the Prosecutor's Office of the Republic of Indonesia and Article 524 of the Attorney General's Regulation Number PER-006/A/JA/07/2017 concerning the Organization and Work Procedures of the Attorney General's Office of the Republic of Indonesia. So that the provisions of Article 23 and Article 524 can be added clauses, namely "checking the compliance of the work unit with applicable regulations, checking financial accountability, assistance in planning programs and budgets, assistance in the preparation of performance reports and financial statements, providing consultation on the implementation of tasks in other fields, and the development of a clean and free environment, which has not been implemented in the internal supervision of the prosecutor's office". The results of the study show that the implementation of internal supervision of the prosecutor's office is still running with the embodiment of the watchdog paradigm. The internal supervision of the prosecutor's office, the consultant paradigm and catalyst refers to the concept of The Institute of Internal Audit (IIA).
Ratio Decidendi Hakim Dalam Menjatuhkan Putusan Terhadap Pelaku Tindak Pidana Korupsi Penjualan Aset Yayasan (Studi Putusan Nomor 17/Pid.Sus-Tpk/2025/PN Plg) Erick Ersi Yusardi; Iza Rumesten RS; Hamonangan Albariansyah
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1923

Abstract

This study aims to analyze the Ratio Decidendi of judges in rendering decisions against perpetrators of corruption in the sale of assets belonging to the Foundation (A Study of Decision Number 17/Pid.Sus-TPK/2025/PN Plg). The issues examined in this study include: (1) How the judges’ ratio decidendi considered the elements of corruption in the case concerning the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; (2) How the judges’ legal considerations were applied in imposing criminal sanctions on the perpetrators of corruption related to the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; and (3) How the direction of criminal law reform can provide protection for foundation assets in order to prevent misuse that may lead to corruption offenses in the future. This research employs a normative legal research method using both statutory and case approaches. Primary and secondary legal materials were analyzed qualitatively by applying Law Enforcement Theory as the grand theory, Criminal Liability Theory and Sentencing Theory as middle-range theories, and Ratio Decidendi Theory and Criminal Law Reform Theory as applied theories. The results of the study indicate that in Decision Number 17/Pid.Sus-TPK/2025/PN Plg, the judges rendered their decision based on proof of the element of abuse of authority resulting in state financial losses in the transfer of Foundation assets. The judges’ considerations emphasized that the defendant’s actions fulfilled the elements of a corruption offense as stipulated in the Anti-Corruption Law. The decision demonstrates the importance of legal protection for foundation assets through law enforcement oriented toward legal certainty, justice, and utility.
Co-Authors Amzulian Rifa’i Charles Godang Halomoan Hasibuan Erick Ersi Yusardi Flambonita, Suci Hamonangan Albariansyah Ryan Sumartha Syamsu