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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.
Transformation of the Public Prosecution Service as the Supervisory Authority for Community Service Orders Under the National Criminal Code Sasqia Putri Ramadhani; 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.v11i4.42611

Abstract

The enactment of Law No. 1 of 2023 (National Criminal Code/KUHP), replacing the colonial-era Criminal Code, marks a significant transformation for the Prosecutor’s Office. The institution must now shift from only executing imprisonment sentences to actively supervising community service punishments in public spaces. The prosecutor’s authority to execute court decisions is reaffirmed in recent regulations, including Article 349 paragraph (2) of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP). Nevertheless, the lack of comprehensive technical guidelines for the supervisory mechanism continues to pose ongoing challenges. This issue was examined through normative legal research with statutory and comparative approaches to assess the regulatory framework and the prosecutor’s role in executing final and binding (inkracht) court decisions. While a Prosecutor General’s Guideline exists, supervision regulations are broad and lack a specific mechanism for enforcing community service orders. The current system combines community service supervision with conditional punishment and probation, yet still treats community service as a separate category, despite its weaker implementation. The lack of supervision outside working hours increases the risk that offenders may avoid oversight, making the system overly dependent on their good faith.