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Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Edla, Zalza Junior; Shafira, Maya; Farid, Muhammad; Maulani, Diah Gustiniati; Ginting, Mamanda Syahputra; Meidiantama, Refi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Enhancing Law Enforcement Effectiveness in Addressing Land Mafia Practices to Safeguard Community Land Rights Ginting, Mamanda Syahputra; Dewi, Erna; Amin, Muhammad; Tamza, Fristia Berdian; Ahmad, Thearizky
Ius Poenale Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.3652

Abstract

This research examines the pervasive issue of land mafia practices in Indonesia, which pose significant threats to land rights and contribute to broader economic, social, and legal challenges. Employing a normative legal research methodology, the research evaluates the implementation of preventive and law enforcement measures, with particular focus on Ministerial Regulation No. 15 of 2024, which establishes a legal framework for addressing land disputes. The research underscores the One Map Policy as a crucial initiative for enhancing transparency and integrating land-related data to mitigate fraudulent activities. By assessing the effectiveness of existing policies and identifying key challenges, this research offers recommendations to strengthen law enforcement, inter-agency coordination, and public participation. The findings emphasize that a comprehensive, multi-stakeholder approach is imperative for eradicating land mafia practices, ensuring legal certainty, and safeguarding community land rights.
Upaya Non-Penal Polisi dalam Penanggulangan Pelanggaran Kecepatan di Polres Oku Julianna, Alya Putri; Dewi, Erna; Shafira, Maya; Raharjo, Eko; Ginting, Mamanda Syahputra
Jurnal Studi Pemerintahan dan Akuntabilitas Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jastaka.v4i2.4176

Abstract

Purpose: This study aimed to assess the effectiveness of non-penal measures implemented by the police in preventing and reducing speed limit violations, particularly illegal street racing (balap liar), in Baturaja Barat District, South Sumatra. This study also aims to explore in depth the role of the police in addressing speed limit violations, focusing on how law enforcement can effectively carry out duties to reduce such offenses. This includes various aspects, such as the implementation of preventive measures involving public outreach, awareness campaigns about the dangers of violating speed limits, and the use of technology in monitoring and enforcing the law.   Methodology: This study used an empirical research method by conducting interviews at the Baturaja Barat Police Station and Polres OKU. Results: Routine patrols, school socialization campaigns, and parental involvement have successfully reduced illegal street racing incidents between June and October 2024. Conclusion: The role of the police in tackling illegal racing includes normative and factual efforts, with an emphasis on non-penal approaches such as education and parental involvement. The main obstacles stem from low legal awareness, weak sanctions, lack of legal facilities, and social and cultural factors. Limitations: There are still limitations in resources, lack of parental awareness, and absence of legal racing venues. Contribution: Provides insights for policymakers and law enforcement to develop preventive, educative, and rehabilitative non-penal strategies in dealing with illegal racing to increase collective awareness of road safety and reduce accidents due to speed limit violations.
Upaya Penanggulangan Tindak Pidana Pertambangan Ilegal di Wilayah Hukum Kabupaten Tulang Bawang Provinsi Lampung Meidiantama, Refi; Tamza, Fristia Berdian; Ginting, Mamanda Syahputra
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.5601

Abstract

Purpose: This study examines the efforts to combat illegal mining activities in the jurisdiction of Tulang Bawang Regency, Lampung Province, by analyzing both penal and non-penal approaches as well as the effectiveness of law enforcement through the lens of legal substance, legal structure, and legal culture. Methodology: Using a normative juridical approach, this research relies on primary and secondary legal materials. Primary data were obtained from interviews with key informants and relevant case observations, while secondary data were collected from legislation, books on penal policy, scientific journals, and previous studies related to criminal law enforcement in the mining sector. Results: The findings reveal that the penal approach, as regulated in Law No. 3 of 2020 on Mineral and Coal Mining and the Law on Environmental Protection and Management, provides a strong legal basis to impose criminal sanctions on illegal mining actors. However, law enforcement remains constrained by overlapping regulations, complex licensing procedures, limited resources of law enforcement agencies, and low public legal awareness. Non-penal measures such as community education, simplification of mining permits, economic empowerment programs, and local participation are crucial to addressing the socio-economic roots of illegal mining. Limitations: This study is confined to examining legal developments by comparing the Corruption Eradication Law with the provisions in the New Criminal Code. Contribution: This study contributes to the discourse on criminal law policy by highlighting the need for a balanced combination of penal and non-penal strategies to protect natural resources and achieve sustainable development. The findings can serve as a reference for local governments, law enforcement agencies, and policymakers in formulating more effective measures to eradicate illegal mining in Tulang Bawang and similar regions in Indonesia.
Paradigma Baru Pertanggungjawaban Pidana Advokat Terhadap Tindak Pidana Peradilan Menurut UU No. 1 Tahun 2023 Bestgati, Auliya; M, Maroni; Shafira, Maya; Achmad, Deni; Ginting, Mamanda Syahputra
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18269053

Abstract

The legal profession enjoys immunity in performing defense duties; however, in practice this immunity often conflicts with the offense of contempt of court. This study aims to analyze the new paradigm of criminal liability for advocates following the enactment of Law Number 1 of 2023 on the National Criminal Code (KUHP Nasional) and to examine the limits of professional protection for advocates. The research employs a normative juridical method using statutory and case approaches. The findings indicate that Article 281 of the National Criminal Code provides clearer and more explicit regulation of offenses against judicial proceedings compared to the previous Criminal Code. Although Article 16 of the Advocate Law guarantees legal protection, acts of misbehaving in court committed in bad faith may still give rise to criminal liability. A case study of the Central Jakarta District Court Decision Number 521/Pid.B/2019/PN Jkt.Pst confirms that professional immunity does not apply to conduct that constitutes a pure criminal offense and undermines the dignity of the court. This study concludes that the National Criminal Code clarifies the boundary between legitimate advocacy and contempt of court, requiring advocates to balance client defense with respect for the authority of the judiciary