Nurul Qamar
Fakultas Hukum, Universitas Muslim Indonesia, Indonesia

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Legal Responsibility of Coal Mining Companies for Environmental Damage in Lappariaja District, Bone Regency Muhammad Afian Hatta; Nurul Qamar; Syamsul Alam
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1089

Abstract

This paper aims to: (1) To determine the role of law in supervising coal mining activities in Lappariaja sub-district, Bone Regency; (2) To determine the legal responsibility of coal mining companies for environmental damage caused in Lappariaja sub-district, Bone Regency. This paper uses a descriptive empirical legal research method. This approach was chosen because it is able to provide a comprehensive picture of the phenomenon of anarchic behavior of funeral escorts on the highway, especially in the context of the application of criminal law and the factors causing it. The results of the paper show that the Legal Regulations in Supervising Coal Mining are contained in Government Regulation No. 55 of 2010 concerning the guidance and supervision of the implementation of the management and implementation of mineral and coal mining businesses. Article 13 states that: the minister supervises the implementation of mining business management carried out by the Provincial Government and Regency/City Government in accordance with their authority. The Minister, Governor/Regent/Mayor in accordance with their authority supervise the implementation of mining business activities carried out by holders of IUP, IPR or IUPK. The Legal Responsibility of Coal Mining Companies for Environmental Damage caused is: Criminal Legal Responsibility, Civil Legal Responsibility and Administrative Responsibility. Writing recommendations: (1) for the government, it is hoped that in issuing permits for mining businesses, they should conduct case studies regarding environmental impact analysis (AMDAL); (2) For mining companies, it is hoped that they will manage waste responsibly and carry out reforestation and greening in former mining areas.
Reverse Proof System In Gratification In Criminal Acts Of Corruption Muhammad Rifaldy Palorongi Hamid; Nurul Qamar; Hardianto Djanggih
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/cojml.v1i2.1252

Abstract

This study aims to examine the application of the reversal of the burden of proof in gratification-related corruption cases, using Decision No. 45/Pid.Sus-TPK/2021/PN Mks as a case study. In the context of Indonesian law, the reversal of the burden of proof is a legal mechanism that enables defendants to demonstrate that the gratuities received are not connected to acts of corruption. This research adopts a normative juridical method combined with a case study approach to analyze how judges interpret and implement the reversal of proof provisions as stipulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The findings indicate that the panel of judges concluded the defendant failed to prove that the received gratuities were unrelated to their official position or authority. Consequently, the reversed burden of proof did not exonerate the defendant from legal accountability. These results highlight the inherent challenges defendants face in fulfilling the evidentiary burden and underscore the necessity for a comprehensive understanding of both substantive and procedural aspects of law in the application of reversed proof mechanisms. This research is expected to contribute to the development of criminal procedural law, particularly in corruption cases in Indonesia.