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p-Index From 2020 - 2025
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All Journal West Science Law and Human Rights West Science Interdisciplinary Studies
Imam Syafa'i
Universitas Islam Kalimantan Muhammad Arsyad Al Banjari
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations Trisna Agus Brata; Imam Syafa’I
West Science Law and Human Rights Vol. 2 No. 02 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i02.750

Abstract

The occurrence of various cases of environmental pollution is a reflection of the lack of corporate responsibility towards the environment, hence the need for environmental law enforcement. The formulation of the problem in this study is: 1). How is the enforcement of environmental criminal law against corporations after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management?; 2). What legal obstacles arise in criminal practice if corporations pollute the environment after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management? This research is normative legal research. The findings in this study show that the implementation of law enforcement is still weak, meaning that the subjective policy of law enforcement to continue criminal acts to further proceedings. Conditions like this are used as opportunities for corporations to do as they want and seek the maximum profit. Therefore, law enforcement must be firm and consistent. The main obstacles that occur in law enforcement practices faced when corporations commit environmental crimes are seven obstacles that affect the enforcement of environmental criminal law including: a). Obstacles to the Human Resource Capability of Law Enforcement is Still Limited; b). Environmental Enforcement Has Not Been a Priority; c). Obstacles to coordination between agencies in handling environmental crimes; d). Obstacles to Law Enforcement Professionalism; e). Obstacles to Facilities or Facilities that Support Law Enforcement; f). Dependence of Environmental Criminal Law Enforcement Application on Administrative Law; g). Criminal Law is still the ultimate remedium in environmental law enforcement.
Flexibility and Adaptation of Contract Law: Comparative Study Between Indonesia's Civil Law System and Singapore's Common Law Syafa'i, Imam; Megasari, Indah Dewi
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1323

Abstract

This study aims to explore the differences in the flexibility and adaptation of contract law in Indonesia which adheres to the civil law system and Singapore which is based on common law, as well as its implications for modern business. Contract law in Indonesia is still heavily dependent on the Civil Code (KUHPerdata), which dates back to the colonial era and has not undergone significant updates. This has led to stiffness in the implementation of contracts, especially in fast-growing business sectors such as digital technology. In contrast, Singapore has adopted a common law system, which is more flexible and able to adapt to changes in the economy and international business dynamics through the use of precedents. In a business context, flexibility and legal adaptation are essential because contracts often have to adapt to new emerging needs, including changes in technology, regulations, and market conditions. This study uses a normative juridical approach with a comparative method, examining laws, court decisions, and related academic literature. The case study of business contracts between Indonesian and Singaporean companies in the technology sector is also used as a study material to provide a practical view of the effectiveness of each country's legal system in facing contemporary business challenges. The results show that Singapore excels in contract flexibility due to the use of precedents that allow for legal adjustments without the need for formal legislative changes. On the other hand, contract law in Indonesia is often unable to keep up with rapid developments due to rigid and outdated regulatory limitations. This difference has an impact on the speed and efficiency of contract dispute resolution in both countries, with Singapore being able to resolve disputes more quickly through a more responsive system. This study concludes that to increase competitiveness in the global economy, Indonesia needs to reform the Civil Code to be more flexible and adaptive like the one implemented in Singapore. These recommendations are important to ensure that Indonesia can create a more competitive business environment and support innovation, especially in the ever-evolving digital era.
Strategy to Increase Local Original Income of Tanah Laut Regency: Review of Administrative and Legal Aspects of Business Hairudinor Hairudinor; Abdul Halim Barkatullah; Imam Syafa'i
West Science Interdisciplinary Studies Vol. 3 No. 02 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i02.1674

Abstract

This study analyzes strategies to increase Local Revenue (PAD) in Tanah Laut Regency, South Kalimantan, with a focus on the administrative and legal aspects of business. Using descriptive qualitative methods and secondary data analysis for the 2019-2023 period, this study identifies the main challenges in optimizing PAD and formulates strategies to increase it. The results of the study show that although there was an increase in PAD with a CAGR of 5.6%, its contribution to total regional revenue is still relatively low (average 10.65%). The main recommended strategies include: (1) implementation of a GIS system for mapping tax potential, (2) development of an integrated e-tax system, (3) increasing the capacity of tax human resources, (4) harmonization of Regional Regulations with Law No. 1/2022, and (5) strengthening tax law enforcement. The implementation of this strategy is projected to increase PAD by 25-30% in the medium term (3-5 years).
Co-Authors Abdul Halim Barkatullah Hairudinor Hairudinor Megasari, Indah Dewi Trisna Agus Brata