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All Journal At-Tanwir Law Review Journal Social Civilecial
Imon, Linda Lidia
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN UNDANG-UNDANG NOMOR. 11 TAHUN 2020 SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Imon, Linda Lidia
At-Tanwir Law Review Vol 5, No 1 (2025): Februari 2025
Publisher : Program Studi Ilmu Hukum Universtitas Muhammadiyah Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31314/atlarev.v5i1.4090

Abstract

According to Ahmad Rendi, the approach to making rules and regulations to simplify them, known as "omnibus law", must meet several factors, namely: (1) Multisector or consisting of many sector burdens with the same theme; (2) many articles, as a result many sectors are discussed; (3) many laws and regulations are collected into one new law; (4) independent or independent, not bound by or minimally related to other regulations; and (5) eliminate/revoke some and/or all other regulations. Omnibus law is a strategy or approach to create legislative norms through one law that simultaneously changes many articles in various other laws to achieve state policy, which is very significant.
Forest Crime Law Enforcement and the Authority of Forest Police in North Minahasa, North Sulawesi Dendape, Gladi Angel Ria; Imon, Linda Lidia
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722570

Abstract

Forest destruction remains a critical legal and environmental challenge in Indonesia, particularly where illegal logging, forest burning, unauthorized mining, and unlawful plantation activities threaten sustainable forest governance. This study examines the authority of Forest Police in enforcing criminal law against forest destruction in North Minahasa, North Sulawesi. The research applies a normative legal method supported by limited empirical information from relevant forestry institutions. Legal materials were examined through statutory, conceptual, and qualitative juridical analysis, focusing on forestry legislation, environmental law, criminal procedure, and regulations concerning Forest Police and Civil Servant Investigators. The findings show that Indonesian forestry law categorizes forest destruction into multiple criminal offences, including damaging forest-protection facilities, illegal timber harvesting, transporting forest products without valid documents, unlawful mining, forest burning, document falsification, corporate timber laundering, obstruction of enforcement, and abuse of authority by officials. Law No. 18 of 2013 substantially expands criminal liability by addressing organized forest crime, corporate involvement, illicit financing, and misuse of forest permits. Forest Police hold pre-emptive, preventive, and repressive authority, including patrol, document inspection, evidence collection, arrest in flagrante delicto, and investigation when appointed as Civil Servant Investigators. Effective enforcement depends on coordinated investigation with the National Police, procedural compliance, and strengthened institutional capacity.
Criminal Liability for Fatal Traffic Negligence under Article 310(4) of Indonesian Road Traffic Law: A Juridical Analysis of Decision No. 75/Pid.Sus/2023/PN Mnd Kelung, Noviane Hewa; Imon, Linda Lidia
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722571

Abstract

Fatal traffic accidents caused by negligent driving remain a significant legal and social problem in Indonesia, particularly in cases involving intoxication and driver fatigue. This study aims to analyze the application of Indonesian positive law to fatal traffic negligence and evaluate the judicial reasoning in Decision No. 75/Pid.Sus/2023/PN Mnd of the Manado District Court. The research employed a normative juridical method using statute and case approaches. Primary legal materials consisted of the Indonesian Criminal Code, Law No. 22 of 2009 concerning Road Traffic and Transportation, and the relevant court decision, while secondary materials included legal doctrines, scholarly books, and journal articles related to criminal liability, negligence, and punishment. The findings show that Article 310 paragraph (4) of Law No. 22 of 2009 functions as lex specialis in relation to Article 359 of the Criminal Code because it specifically regulates negligent driving resulting in death within the context of road transportation. The court correctly established the legal elements of negligent driving causing death through evidence demonstrating that the defendant drove a motorcycle while intoxicated and severely fatigued, resulting in a fatal collision. However, the study also finds that the two-year imprisonment imposed by the court raises concerns regarding proportionality and victim-oriented justice because the punishment may not adequately reflect the seriousness of the defendant’s preventable risk-taking conduct and the irreversible loss suffered by the victim’s family. The study concludes that stronger sentencing consistency, clearer judicial reasoning, and broader integration between criminal sanctions and road-safety policies are necessary to improve traffic-law enforcement in Indonesia.
Juridical Analysis of Inheritance Rights of Foreign-National Children Born from Mixed Marriages under the Indonesian Civil Code Mandey, Aprilia Widya; Imon, Linda Lidia
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722573

Abstract

Mixed marriages between Indonesian citizens and foreign nationals create complex legal consequences for children, particularly when citizenship status intersects with inheritance and property ownership. This study examines the legal status of children born from mixed marriages and analyzes their inheritance rights when they hold or later choose foreign nationality. Using a normative juridical method, the research applies statutory and conceptual approaches to Indonesian marriage law, citizenship law, civil inheritance law, child protection law, and agrarian law. The analysis shows that Law No. 12 of 2006 provides limited dual citizenship for children born from mixed marriages until the age of 18 or marriage, followed by a three-year period to choose one citizenship. Under the Indonesian Civil Code, a child born from a valid mixed marriage remains a legitimate heir where a lawful civil relationship with the deceased parent exists. Foreign nationality does not automatically eliminate the right to inherit. However, agrarian law restricts foreign nationals from permanently holding ownership-title land in Indonesia. A foreign-national heir who receives such land must transfer, release, convert, or realize its value within the legally prescribed period. The study clarifies the distinction between inheritance entitlement and ownership capacity, contributing to legal certainty in cross-border family inheritance disputes.
Co-Authors Dendape, Gladi Angel Ria Kelung, Noviane Hewa MANDEY, APRILIA WIDYA