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All Journal Asian Journal of Social and Humanities Cognitionis Civitatis et Politicae
Chaeruddin, Dannie
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Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Reform of The Criminal System In Mineral and Coal Mining Licensing Policies Oriented Towards Ecological Justice Chaeruddin, Dannie
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.451

Abstract

Environmental damage due to the conversion of green land into uncontrolled mining areas is basically influenced by the issue of area allocation permits. Most of the RPJMD and the issuance of area allocation permits do not rely on the existing Regional Spatial Plan, in addition, the RTRW that is made often does not have clear certainty in terms of determining the zoning of the area allocation. The consequences of this ultimately result in various types of problematic mining business permit issuances and result in environmental damage, agrarian disputes, and the partialization of ecological justice. The threat of sanctions in the provisions of Article 165 as a medium to prevent mining permit crimes has in fact been abolished with the enactment of Law Number 3 of 2020 as an amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining. This will clearly result in increasingly rampant criminal acts in the issuance of mineral and coal mining permits in Indonesia. This article uses a doctrinal research method, where the research conducted is research related to the analysis of the norms behind the text of laws and regulations, both legally and philosophically. Based on the study conducted, it can be seen that the implementation of sanctions in the issuance of deviant mineral and coal mining permits has not been able to realize fair legal justice, considering that the provisions of Article 165 of Law Number 4 of 2009 are not maintained in Law Number 3 of 2020, so that bureaucrats who make problematic mineral and coal permits cannot be subject to criminal penalties, either imprisonment or fines, then the threat of Article 165 of Law Number 4 of 2009 is relatively light when compared to the environmental damage caused by mineral and coal mining.
Recovery of State Losses from Corruption Proceeds Chaeruddin, Dannie; Hoesein, Zainal Arifin
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1636

Abstract

Corruption cases in Indonesia have become a focal point of public concern, involving individuals from diverse professional backgrounds, including judges, prosecutors, police officers, legislators, and businesspeople. These crimes result in significant financial losses for the state. The urgency of establishing an effective mechanism to recover state losses from corruption has become increasingly apparent. This study aims to explore the mechanisms and strategies necessary for the recovery of state losses resulting from corruption, whether committed by individuals or corporations. Utilizing a qualitative research method with a focus on legal and economic analysis, the study examines current practices and their effectiveness in recovering state assets. The findings indicate that existing mechanisms only recover 10-15 percent of the total corrupted funds, highlighting significant inefficiencies in the system. The study concludes that comprehensive reforms, including the strengthening of legal frameworks, enhanced inter-agency collaboration, and public awareness, are imperative to improve recovery rates and deter corruption. Addressing these issues is essential to safeguarding public funds and restoring trust in the legal system.
Co-Authors Zainal Arifin Hoesein