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All Journal Jurnal El-Thawalib Journal of Strafvodering Indonesian
Gustaliza, Resma Bintani
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Religion Law, Crime, Criminology & Criminal Justice Other

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The Urgency of Environmental Criminal Law Reform in Ensnaring Corporations: A Case Study of Tin Ecological Crimes by Harvey Moeis Judijanto, Loso; Nurbeti, Nurbeti; Annisa, Febrina; Gustaliza, Resma Bintani
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aaf32b77

Abstract

This study examines the urgency of environmental criminal law reform in Indonesia in ensnaring corporations as the main perpetrators of ecological crimes, especially through a case study of tin mining involving Harvey Moeis. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) regulates the criminalization of business entities, its implementation is still limited to an individualistic approach that is difficult to reach corporate accountability structurally. The inconsistency of the PPLH Law with Law Number 40 of 2007 concerning Limited Liability Companies (PT Law) weakens the effectiveness of law enforcement, because the provisions of social and environmental responsibility in the PT Law are administrative without adequate criminal threats. The dominant vicarious liability approach still fails to accommodate the principles of strict liability and corporate mens rea, so corporations often escape serious criminal sanctions. The research uses a normative qualitative approach with the analysis of primary and secondary legal materials to understand legal constraints and prepare reform recommendations. The results affirm the need for harmonization across laws, strengthening corporate collective accountability, and applying progressive principles in penalties. These reforms are essential to realize effective ecological justice and corporate accountability for environmental crimes in a systemic and sustainable manner.
Child Protection in the Kid Influencer Era: Regulatory and Law Enforcement Challenges in Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Pratimaratri, Uning; Wulandari, Riska
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.17051

Abstract

Advances in information technology and improvements in internet network infrastructure, it is becoming easier for everyone to get and work using information technology. Influencers appear when the methods used in marketing use influencer marketing techniques. Currently, many target marketers use child influencers to target children. Because children are considered unable to determine their own will, the role of various parties is needed to prevent child influencers from being exploited. Using or directing children as influencers compromises children's emotional and physical development. This article uses a normative juridical approach, analyzed qualitatively. According to literature research, Indonesia ratified the UN Convention on the Rights of the Child, as shown by Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child, Amendments to the 1945 Constitution, including Article 28B Paragraph (2), and Law -Law Number 23 of 2002 concerning Child Protection. During the implementation of child protection instruments, all relevant parties must prioritize initiatives that protect children from exploitation.
Co-Authors Febrina Annisa Judijanto, Loso Nurbeti, Nurbeti Pratimaratri, Uning Riska Wulandari, Riska