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All Journal Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Law Research Review Quarterly
Imelia Damai Agusthin
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mitigasi Penanggulangan Tumpahan Minyak (Oil Spill) di Perairan Laut Kepulauan Riau Berdasarkan Law Of The Sea Convention Imelia Damai Agusthin; Sasqia Putri Ramadhani; Muhammad Adymas Hikal Fikri
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 2 (2024): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i2.264

Abstract

In early March 2024, black oil waste was found along the shores of Bintan Island in the Riau Islands Province. This is not the first time an oil spill has been discovered on Bintan Island; such incidents recur annually. This article discusses the legal policies of the applicable maritime law convention related to this case, as well as the environmental restoration mechanisms due to oil spills in marine waters. This research adopts a juridical-normative approach, employing the Statute Approach. Data analysis is conducted qualitatively, using secondary data sources, and employing legal document analysis and literature study methods. UNCLOS provides a strong legal foundation for countries to preserve and protect the marine environment, including actions in response to oil spills. The legal provisions discussed in this article are Article 1 Paragraph (4), Article 192, Article 193, Article 233, Article 220, and Article 230 of UNCLOS 1982, covering definitions, state obligations and autonomy, the role of states, enforcement authority, and compensation obligations. The primary objective in the initial emergency response is to control the movement of the oil as much as possible and minimize its toxic impact on the marine environment. Various methods that can be chosen include in-situ burning, oil dispersants, using absorbents, and bioremediation. After cleaning the oil from the waters, attention shifts to rehabilitating the affected ecosystem, involving restoration steps such as restoring natural habitats and replanting marine vegetation, with collaboration between the government, community, and local entities for positive future impacts.
Changes in Minimum Criminal Sanctions for Corruption Offenses in the National Criminal Code Based on the Perspective of the Purpose of Punishment Imelia Damai Agusthin; Muhammad Azil Maskur
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/lrrq.v11i4.42675

Abstract

The National Criminal Code brings about a paradigm shift in punishment from retributive justice to restorative justice, which emphasizes recovery. Through the process of recodification of criminal law, a number of provisions on corruption in the Anti-Corruption Law were revoked and re-regulated in the National Criminal Code. However, the new regulations have sparked debate due to changes in the minimum prison sentence. There are concerns that this change will weaken the severity of criminal punishment for corruption, which has been understood as a crime that harms the public interest. Based on this background, this paper examines the factors behind the changes to the minimum criminal sanctions for corruption in the National Criminal Code and analyzes these changes from the perspective of the objectives of criminal punishment in Indonesia. This study uses the normative legal research method (doctrinal research) with a statute approach and a conceptual approach. The results of the discussion show that the changes in minimum criminal sanctions were driven by a number of factors, including philosophical, sociological, and juridical factors. The objectives of punishment in the National Criminal Code are aimed at protecting the community and rehabilitating perpetrators, the changes to the minimum penalties for corruption, although designed to create balance, tend to shift the focus towards rehabilitation, thereby risking weakening the protection of society if not accompanied by the recovery of state losses, the application of additional sanctions, consistency in verdicts, and improvements to the rehabilitation system, which still faces structural and cultural problems.
Co-Authors Muhammad Adymas Hikal Fikri Muhammad Azil Maskur Sasqia Putri Ramadhani