Claim Missing Document
Check
Articles

Found 2 Documents
Search

Penegakan Hukum Pidana Terhadap Anggota Tni Yang Melakukan Tindak Pidana Desersi Di Wilayah Hukum Pengadilan Militer Iii-12 Surabaya (Studi Kasus Putusan Nomor 168-K/Pm.Iii-12/Al/Xii/2023) Anggraini Esti Rahayu; Dudik Djaja Sidarta; Vallencia Nadya P; Hartoyo Hartoyo
Journal of Innovation Research and Knowledge Vol. 6 No. 3 (2026): Agustus 2026
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to examine the enforcement of criminal law against Indonesian National Armed Forces (TNI) personnel who commit the offense of desertion within the jurisdiction of the Military Court III-12 Surabaya, with a case study of Decision Number 168-K/PM.III-12/AL/XII/2023. The research focuses on two main issues: the form of desertion committed and the legal considerations underlying the judge's decision in imposing criminal sanctions. This study employed a normative juridical method using both statutory and case approaches through the analysis of legislation, trial facts, and the ratio decidendi of the panel of judges. The findings indicate that the offense of desertion was committed in the form of unauthorized absence from military duty without valid permission from a superior for a period exceeding the legal limit during peacetime. Such conduct is regarded as a serious violation because it adversely affects military discipline, order, and the operational readiness of the unit. In rendering the judgment, the panel of judges considered the fulfillment of the elements of the criminal offense, the admissible evidence presented during the trial, and the absence of any justifying or excusing circumstances. The court also took into account both aggravating and mitigating factors relating to the defendant. The decision reflects the importance of balancing legal certainty, justice, and the objective of fostering military personnel to uphold their professional duties and responsibilities. Effective law enforcement is expected to create a deterrent effect while serving as a warning for other military personnel to comply with applicable military laws and regulations.
Penegakan Hukum Pidana Terhadap Korporasi Pelaku Tindak Pidana Pembuangan Limbah Industri Yang Mengakibatkan Pencemaran Lingkungan Hidup Di Indonesia Wan Fathiriansyah; Dudik Djaja Sidarta; Moh Taufik; Hartoyo Hartoyo
Journal of Innovation Research and Knowledge Vol. 6 No. 4 (2026): September 2026
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the legal framework governing corporate criminal liability and the mechanisms of criminal law enforcement against corporations responsible for industrial waste disposal that causes environmental pollution in Indonesia. A healthy environment is a constitutional right of every citizen as stipulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, the rapid development of the industrial sector is often accompanied by illegal waste disposal practices that result in significant ecological, social, and economic losses. This study employs a normative juridical method using a statutory approach and a conceptual approach. The findings indicate that the legal framework governing corporate criminal liability in Indonesia has a comprehensive normative basis through Law Number 32 of 2009 concerning Environmental Protection and Management, as amended by Law Number 6 of 2023, and supported by Supreme Court Regulation Number 13 of 2016. Normatively, corporations are recognized as subjects of criminal law that may be held criminally liable and subjected to sanctions in the form of fines and additional penalties aimed at restoring environmental functions. Nevertheless, the implementation of criminal law enforcement against corporations continues to face serious obstacles, including the complexity of proving corporate fault, the limited capacity of law enforcement officials in establishing scientific evidence, and the tendency of law enforcement authorities to prioritize prosecution of individual corporate managers rather than the corporate legal entity itself. In conclusion, effective law enforcement requires optimization through strengthening law enforcement capacity, improving inter-agency coordination, and consistently imposing sanctions on corporations to create a deterrent effect and ensure environmental sustainability in Indonesia.