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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

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

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.

Distorsi Hukum Penggunaan Teknik Undercover Buy dalam Tindak Pidana Narkotika oleh Penyidik Kepolisian Republik Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Palupi, Dwi Astuti; Putri, Prima Resi; Rosra, Deswita
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.363-372.2023

Drug crime is one of the proxy war weapons that can destroy a nation by targeting the younger generation. Indonesia is one of the countries with a high level of trafficking and Use of drugs. To tackle drug crime, the Indonesian government drafted the Law Number 35 of 2009 concerning Drugs. At first glance, the authority of investigations in the Drugs Law seems to be under the order of the National Narcototices Board of Indonesia (BNN) and the Police of the Republic of Indonesia (Polri). However, if we take a closer look, there are some problems in investigations, especially in Undercover Buy and Controlled Delivery techniques regulated in Article 75 Letter J of the Drugs Law. This problem can lead to legal distortion in investigating drug crime by the Polri because it can be categorized as procedural defects due to the law. Hence, this study aims to analyze the legal distortion of authority between BNN and Polri to investigate drug crime using undercover buying techniques. This study also analyses the statutory provisions that can provide legal certainty for both government institutions so that the authorities of Polri and BNN do not overlap. This study finds that only BBN investigators have the authority to use undercover buying and controlled delivery. Therefore, using the technique by the police investigator will cause legal distortion. If the police investigator needs to use the technique, there should be a legal basis. Therefore, there should be an amendment to the Narcotic law to provide the legal basis.

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

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.

Legal Politics In Realizing Social Justice In The Era Of Regional Autonomy Sjuhudi, Ichsan; Judijanto, Loso; Gustaliza, Resma Bintani
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rdapkx20

Legal politics plays a strategic role in realizing social justice in Indonesia, especially in the context of regional autonomy which aims to reduce social inequality. This research examines legal politics in Indonesia with a focus on the implementation of regional autonomy policies and their role in realizing social justice. Based on an analysis of Law No. 23 of 2014 on Regional Government, Law No. 33 of 2004 on Fiscal Balance, as well as data from various institutions, this research finds that although decentralization policies aim to strengthen equitable development, in practice, they often accommodate elite interests and exacerbate inequality. In addition, weak oversight of local financial management, low accountability, and unfairness in budget distribution are factors that exacerbate social inequality. Therefore, this study recommends strengthening the capacity of regions to plan development based on local needs as well as reforms in budget allocations that are more proactive for disadvantaged regions. Legal politics should be directed towards policies that support transparency, accountability and community empowerment to achieve the goal of equitable development. This research is expected to contribute to the development of more equitable and inclusive legal policies in the era of regional autonomy.

Electric Vehicle Regulation: Navigating Legal Challenges in Sustainable Transportation Transformation Karunia, Meutia Nadia; Nadi, Muhammad Abi Berkah; Gugat, Rudy Max Damara; Gustaliza, Resma Bintani
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/54rge811

The global adoption of electric vehicles (EVs) continues to increase in line with efforts to reduce carbon emissions and achieve sustainable transportation. The Indonesian government targets 2 million electric cars and 13 million two-wheeled electric vehicles by 2030, with various fiscal incentives and subsidies. However, EV adoption still faces major challenges, including high prices compared to conventional vehicles, limited charging infrastructure, and regulations that have not been fully integrated. The complexity of regulations, including the 38 Indonesian National Standards (SNI) that are still voluntary, hinders the acceleration of the EV industry. In addition, regulations related to battery waste management and carbon footprint in electric vehicle production still need to be strengthened. This study uses normative juridical methods with legislative, conceptual, and comparative legal approaches to analyze the effectiveness of EV regulations in Indonesia compared to other countries. The results of the study show the need for regulatory harmonization, the application of the Extended Producer Responsibility (EPR) principle for battery recycling, and the integration of environmental policies in EV development. With more structured policies and collaboration between the government, industry, and society, Indonesia can accelerate the adoption of electric vehicles effectively and sustainably, while reducing environmental impact and increasing the competitiveness of the national industry

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