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Adam, Chistopher Kendrick
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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THE LEGAL CONSEQUENCES OF CONSTITUTIONAL COURT DECISION NO. 18 OF 2014 ON THE ENFORCEMENT OF CRIMINAL LAW CONCERNING HAZARDOUS AND TOXIC WASTE AGAINST CORPORATIONS Adam, Chistopher Kendrick; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.524

Abstract

This research aims to examine the legal consequences of Constitutional Court Decision No. 18 of 2014 regarding the case of hazardous and toxic waste against corporations. Furthermore, the study also analyzes the enforcement of criminal law concerning hazardous and toxic waste against corporations after the Constitutional Court's decision. The Constitutional Court's Decision No. 18 of 2014 has significant implications for the enforcement of criminal law concerning hazardous and toxic waste by corporations. It provides guidance and limitations on how the law should be interpreted and applied in cases related to environmental offenses committed by corporations. The research will focus on evaluating the post-decision enforcement of criminal law against corporations involved in hazardous and toxic waste cases. It will examine the roles of law enforcement agencies, such as the police, prosecutors, and the judiciary, in investigating, prosecuting, and adjudicating cases involving corporations and hazardous waste. Additionally, the study will explore the protection of human rights and access to justice for victims affected by hazardous and toxic waste. It will also investigate preventive measures and regulatory frameworks aimed at deterring environmental offenses by corporations. The research will employ a combination of legal analysis, case studies, and comparative studies to examine the effectiveness of the enforcement of criminal law in light of the Constitutional Court's decision. It will contribute to the understanding of the legal implications and challenges faced in prosecuting and holding corporations accountable for hazardous and toxic waste.
Peran Jabatan Notaris dalam Pelaksanaan Lelang Kepailitan Adam, Chistopher Kendrick; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1384

Abstract

The issue in the case of the liquidation of PT. BPR Argawa Utama, the Deposit Insurance Corporation (LPS) revoked the business license as it was deemed unable to be restored. LPS has the authority to form a liquidation team, declare the bank's status as being under liquidation, and dissolve the legal entity of the bank. Issues arose regarding the execution of auctions by the Class II Auction Official, who lacks clear technical regulations. The authority of auction officials and the efforts of the liquidation team need further clarification through more detailed regulations or guidelines to ensure proper procedures and clear responsibilities in conducting auctions of assets from banks in liquidation. The presence of Class II Auction Officials in Indonesia is to enhance auction services and develop the auction official profession. Class II Auction Officials play a crucial role in ensuring legal certainty in auction execution. Auction reports have the same legal force as authentic deeds; therefore, Class II Auction Officials must prepare clear, readable, and complete auction reports. Additionally, Class II Auction Officials must read and explain the auction report to parties who do not understand. To ensure legal certainty, the role of Class II Auction Officials is vital in the execution of auctions.
Co-Authors Djaja, Benny Rasji, Rasji