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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Ius Constituendum Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan
Wibowo, Nabila Alinka
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Law, Crime, Criminology & Criminal Justice

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Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers Zulfiani, Anita; Arya, Muna Ganesya; Wibowo, Nabila Alinka; Parwitasari, Tika Andarasni; Sawani, Yussri
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4220

Abstract

This research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking.
The Precautionary Principle of Running Foundation Activities In the Perspective of the Foundation Law and the National Criminal Code Zulfiani, Anita; Wibowo, Nabila Alinka
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.7867

Abstract

This research aims to examine the principle of prudence in managing Foundation activities. The urgency of this research is so that the foundation can maintain its sustainability, develop, and be able to provide broad benefits according to the objectives of its establishment. This research uses qualitative methods with a statutory and conceptual approach. The novelty of this research is that in managing Foundation activities, the precautionary principle is required. The results of this research are the principle of prudence in carrying out Foundation activities consisting of Firstly, in managing the Foundation, it must always be guided by applicable legal provisions to avoid problems, whether problems in the form of civil disputes or criminal violations. Second, it must based on the principle of non-profit oriented, where foundations are not prohibited from running business entities, but the results are aimed at the interests of society and the sustainability of the Foundation to succeed in its social goals, because the Foundation is not oriented towards profit or gain, but rather towards benefit. Third, the organs of the Foundation must avoid conflicts of interest that could harm the interests of the Foundation and other parties. Fourth, foundations must apply the principles of Good Corporate Governance (GCG), namely: independence, transparency, accountability, and fairness.
The In Dubio Pro Natura Principle in the Enforcement of Environmental Criminal Law in Indonesia: A Case Study of PT Kallista Alam Wibowo, Nabila Alinka; Aji, Lucky Kresna
Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan Vol 15, No 1 (2026): APRIL
Publisher : Criminal Law Section Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/recidive.v15i1.117250

Abstract

This study examines the application of the principle of in dubio pro natura in environmental law enforcement in Indonesia, focusing on the PT Kallista Alam peatland fire case as reflected in Supreme Court Decision Number 651K/PDT/2015. Using doctrinal research methods through legislative, comparative, and conceptual approaches, this study analyzes the principle's position and its application by judges. The results of the study indicate that, although it has not been explicitly codified, the principle of in dubio pro natura is grounded in the precautionary principle in Article 2, letter f, of Law Number 32 of 2009 and in the constitutional mandate in Article 28H, paragraph (1). Its application has shifted the paradigm from anthropocentrism to ecocentrism. In the PT Kallista Alam case, amid uncertainty about the extent of irreversible damage, the panel of judges progressively prioritized scientific evidence indicating that the land fire reached 1,000 hectares. The judge then sentenced the corporation to pay material compensation and massive recovery costs. This cassation ruling legitimizes the principle of in dubio pro natura as a robust jurisprudential principle for ecosystem sustainability. Harmonization of regulations and standardization of technical guidelines are necessary to reduce disparities in future decisions. 
Co-Authors Aji, Lucky Kresna Anita Zulfiani, Anita Arya, Muna Ganesya Parwitasari, Tika Andarasni Sawani, Yussri