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Halwan, Muh.
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Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Indonesian Journal Of Law Studies

 1 
Legal Analysis of Environmental Criminal Acts: Tailings Waste Disposal by PT. Freeport Indonesia in Mimika Regency Kogoya, Delson; Renggong, Ruslan; Halwan, Muh.
Indonesian Journal Of Law Studies Vol 3, No 2 (2024): Indonesian Journal Of Law Studies
Publisher : Siddiq Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15532/ijls.v3i2.88

Abstract

This study aims to determine the enforcement of environmental criminal law and the legal responsibility of PT. Freeport Indonesia for the disposal of tailings waste in Mimika Regency. This research method is normative-empirical using primary data and secondary data. Primary data was obtained through interviews with related parties, namely the Mimika Resort Police, the Mimika Regency Environmental Service and Environmental Care Organizations. The results of the study indicate that the enforcement of environmental criminal law due to tailings waste pollution by PT. Freeport Indonesia has not been able to be implemented effectively. This is because the process of proving and determining the causal relationship between the act of pollution and the victim requires special experts and laboratories and the enforcement of environmental criminal law still relies on administrative sanctions. The application of criminal sanctions is still the ultimum remedium which is the last resort in its application. The legal responsibility of PT. Freeport Indonesia due to the disposal of tailings waste must be carried out in accordance with the provisions of laws and regulations as stipulated in Law Number 4 of 2009 concerning Minerals and Coal and Law Number 32 of 2009 concerning Environmental Protection and Management, regarding compensation for losses due to tailings waste pollution.
The Constitutional Court Judges' Legal Considerations on the Imposition of the Death Penalty Gege, Sriwanto Arruan; Halwan, Muh.; Rusli, Muh.
Indonesian Journal Of Law Studies Vol 4, No 1 (2025): Indonesian Journal Of Law Studies
Publisher : Siddiq Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study was conducted to analyze and determine the considerations of the Constitutional Court judges in the Constitutional Court's decision No. 2/PUU-V/2007 and how the rights of foreign citizens are protected in judicial review petitions against the 1945 Constitution of the Republic of Indonesia. The results of this study indicate that the Constitutional Court judges, in their considerations, stated that the death penalty under Law No. 10/2007 concerning the right to life is not absolute, and therefore, in certain cases, such as narcotics, the death penalty can still be imposed. Furthermore, for foreign citizens who file judicial review petitions against the 1945 Constitution, the provisions of Article 51 of Law No. 24 of 2003 concerning the Constitutional Court are based. Therefore, it is necessary to specifically regulate the protection of the rights of foreign citizens to file judicial review petitions against the 1945 Constitution.
Legal Analysis of Environmental Criminal Acts: Tailings Waste Disposal by PT. Freeport Indonesia in Mimika Regency Kogoya, Delson; Renggong, Ruslan; Halwan, Muh.
Indonesian Journal Of Law Studies Vol. 3 No. 2 (2024): Indonesian Journal Of Law Studies
Publisher : Siddiq Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63828/ijls.v3i2.88

Abstract

This study aims to determine the enforcement of environmental criminal law and the legal responsibility of PT. Freeport Indonesia for the disposal of tailings waste in Mimika Regency. This research method is normative-empirical using primary data and secondary data. Primary data was obtained through interviews with related parties, namely the Mimika Resort Police, the Mimika Regency Environmental Service and Environmental Care Organizations. The results of the study indicate that the enforcement of environmental criminal law due to tailings waste pollution by PT. Freeport Indonesia has not been able to be implemented effectively. This is because the process of proving and determining the causal relationship between the act of pollution and the victim requires special experts and laboratories and the enforcement of environmental criminal law still relies on administrative sanctions. The application of criminal sanctions is still the ultimum remedium which is the last resort in its application. The legal responsibility of PT. Freeport Indonesia due to the disposal of tailings waste must be carried out in accordance with the provisions of laws and regulations as stipulated in Law Number 4 of 2009 concerning Minerals and Coal and Law Number 32 of 2009 concerning Environmental Protection and Management, regarding compensation for losses due to tailings waste pollution.
The Constitutional Court Judges' Legal Considerations on the Imposition of the Death Penalty Gege, Sriwanto Arruan; Halwan, Muh.; Rusli, Muh.
Indonesian Journal Of Law Studies Vol. 4 No. 1 (2025): Indonesian Journal Of Law Studies
Publisher : Siddiq Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study was conducted to analyze and determine the considerations of the Constitutional Court judges in the Constitutional Court's decision No. 2/PUU-V/2007 and how the rights of foreign citizens are protected in judicial review petitions against the 1945 Constitution of the Republic of Indonesia. The results of this study indicate that the Constitutional Court judges, in their considerations, stated that the death penalty under Law No. 10/2007 concerning the right to life is not absolute, and therefore, in certain cases, such as narcotics, the death penalty can still be imposed. Furthermore, for foreign citizens who file judicial review petitions against the 1945 Constitution, the provisions of Article 51 of Law No. 24 of 2003 concerning the Constitutional Court are based. Therefore, it is necessary to specifically regulate the protection of the rights of foreign citizens to file judicial review petitions against the 1945 Constitution.
Co-Authors Gege, Sriwanto Arruan Kogoya, Delson Muh. Rusli Ruslan Renggong