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Rofiana, Reine
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PERSPEKTIF PIDANA TERHADAP PERISTIWA BENCANA PERTAMBANGAN Rofiana, Reine
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (94.258 KB) | DOI: 10.31293/lg.v3i1.3672

Abstract

The perceived impact of coal mining is a condition of nature damaged plus conflict (because claimed lives). In the span of four years (2011-2015) has more than 10 innocent children become victims which there is no clarity of the settlement of legal cases until now.This paper is more focused on normative writing that is by reviewing some references related to the coal mining is connected by legal theories and regulations. According to the author's perspective, based on the theory that is stated by Emile Duekheim and Robert K. Merton, mining case has been deviated due to the weak awareness of the Mining Company by complying of prevailing laws and regulations.The authors suggest that by upholding of true criminal objective it should be expected that all existing Mining Companies should have fear so as to  prevent similar caseswill happen in the future and for be more sensitive and responsible in managing his company. And from Respressive Function it is necessary in order to educate the Mining Company so as to have a high legal awareness.
DUGAAN BELUM DIKEMBALIKANNYA BARANG MILIK NEGARA OLEH EKS PEJABAT NEGARA Rofiana, Reine
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 1 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (63.265 KB) | DOI: 10.31293/lg.v3i1.3674

Abstract

State officials have a mandate from the people to run their positions inaccordance with their duties. In order to perform their duties, stateofficials are given the authority to use state facilities to facilitate theirwork. But what happens if state officials allegedly misuse the state'sfacilities. The crowd's enthusiasm was recently shocked by the news of thealleged not yet returned of the use of state assets by ex state officials.This Assets’ State is intended as a facility for state officials in runningtheir basic daily tasks and functions (instrumental values). If it is indeedtrue that there are state officials who have allegedly not returned theAssets’ State even though their term of office has expired, then this is nolonger in line with its instrumental value because the purpose of usingAssets’ State has deviated from what it should be.This paper is more focused on normative writing that is by reviewing somereferences related to the Assets’ State is connected by legal theories andregulations according to the author's perspective, based on the ethictheory, criminal perspective, etc. The authors suggest that another exofficial state should have awareness so as to prevent similar cases willhappen in the future and for be more sensitive and responsible inmanaging this country.
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