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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 8, No 2 (2023): Desember 2023" : 5 Documents clear
PERSPEKTIF HUKUM INDONESIA TENTANG HAK ATAS LINGKUNGAN HIDUP Putra, Yuda Virdana; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4751

Abstract

AbstractThe reality is that the environment is increasingly damaged by human actions.The environment is positioned as an object of exploitation: Mining the earthwithout control, deforesting without compromise, polluting water withoutcontrol, and other arbitrary actions. Violations of environmental norms result indisasters, both natural and man-made, and have cost many human lives. Thedestruction of the environment by a few people or companies has causedsuffering and human rights violations to the largest section of humanity. Theright to the environment is a basic human right that has been attached tohumans by nature, namely the rights that humans have as humans, which is agift from God. The right to a good and healthy environment as a human right hasbeen regulated in Article 28 of the Universal Declaration of Human Rights(UDHR), African Charter on Human and People Rights, Article 21 (1);International Covenant on Economic, Social and Cultural Rights (ESCR), Article1 (2); UN Resolution 1803 (XVII), December 14, 1962; UN Resolution 3281(XXIX), December 12, 1974; Agenda 21 of the 1992 Rio de Janeiro Earth Summit.The right to a good and healthy environment in Indonesia has also beenregulated in the 1945 Constitution, MPR Decree No. XVII/MPR/1998, Law No.39/1999 on Human Rights, Law No. 32/2009 on Environmental Protection andManagement, and Law No. 40/2007 on Limited Liability Companies.Keywords: Indonesian Legal; Perspective; Right to the Environment
PELESTARIAN PENGELOLAAN LINGKUNGAN LAUT BERDASARKAN PERSPEKTIF KEADILAN LINGKUNGAN HIDUP DALAM MELINDUNGI MASYARAKAT PESISIR Hamri, Andi Rosadi; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4747

Abstract

AbstractThe ocean plays a significant role in a country's economy, and Indonesia, with acoastline of approximately 95,181 km, has great economic potential. This sizeplaces Indonesia as the second country with the longest coastline in the world,after Canada. The economic potential of the ocean is estimated at US$3 trillion -US$5 trillion per year, or around Rp36,000 trillion - Rp60,000 trillion. This doesnot include other potentials such as biotechnology, marine tourism, and thedevelopment of marine transportation. The current government considersIndonesia's maritime potential as its main focus, but must also pay attention tothe negative environmental impacts that can occur due to overexploitation. Lawin its function as the protection of human interests has a purpose. For humaninterests to be protected, the law must be implemented. The implementation ofthe law can be done either normally, peacefully, or occurs due to a violation ofthe law. In the event of a violation of the law, the law that is violated must beenforced. It is through this law enforcement that the law becomes a reality. Basedon Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesiaand the principle of environmental justice, all land and water and the naturalresources contained therein are controlled by the state and used for the greatestprosperity of the people. Every living system communicates with other livingsystems and shares resources that allow each living system to develop its ownidentity. All living beings are boundary creatures, but all living beings, includinghumans, are related and part of a system of interdependent relationships.Keywords: Conservation, justice, environment, community, coastal
KEBIJAKAN HUKUMAN MATI DAN PROBLEMATIKA PENERAPAN DITINJAU DARI HAK ASASI MANUSIA Abshar, Rijal Ulil
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4748

Abstract

AbstractIndonesia is one of the countries that still maintains and acknowledges thelegality of the death penalty as one of the ways to punish perpetrators of criminalacts. Furthermore, the existence of the death penalty in Indonesia will continueto persist in the future, as it is retained as one of the criminal sanctions in thenew draft of the Criminal Code. The death penalty, in addition to being the mostsevere punishment, is also a highly daunting penalty, particularly for convictsawaiting execution. This research employs a normative juridical approach, amethod in which law is conceptualized as norms, rules, principles, or doctrines.The approach in this study utilizes secondary data comprising primary legalmaterials, secondary legal materials, and tertiary legal materials. Based on thefindings of this research, the policy of the death penalty, when viewed throughthe lens of Human Rights, significantly contradicts Human Rights principles as itpertains to the fundamental right to life. The 1945 Constitution of Indonesia, asthe written fundamental law of the nation, has declared that every individual hasthe right to life and the protection of that life.Keywords: the death penalty, death penalty policy, human rights
PERLINDUNGAN ANAK DI BAWAH UMUR TERHADAP PENYALAHGUNAAN NARKOBA DI KAWASAN PERBATASAN Fernando, Yudha Febry
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4749

Abstract

AbstractChildren are the successors of the nation whose rights must be fulfilled, such asthe right to life and development. Childhood is a period that is very vulnerablewith various desires and hopes to achieve something or do something, includingnegative things which ultimately lead to the wrong path (for example usingdrugs). Especially in the border area (North Kalimantan), which can be said tobe the "entrance point" for the circulation of drugs supplied from abroad.Therefore, when there is a deviation in children becoming drug users, the stateneeds to pay attention to this problem. The rise of drug trafficking todaythreatens growth and development, such as the physical and mental health ofthe child. For this reason, the role of the state is needed to provide protectionfor children to avoid the influence of drugs. This study aims to find out (i) howto prevent drug abuse problems for minors in border areas; (ii) how is the legalprotection of minors in border areas who use drugs. The author uses a researchmethod with a normative legal approach, because he wants to research andstudy applicable legal products and regulate minors in border areas who usedrugs, namely through statutory regulations. To support the objectivity of theissues to be discussed, secondary data related to the issues is used, namelybooks and various other documents.Keywords: Protection, Children, Abuse, Drugs, Border Areas.
TINJAUAN HUKUM PIDANA DALAM PERWUJUDAN KEADILAN LINGKUNGAN Reguna, Mosezs Sahat; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4750

Abstract

AbstractThe environment is the most vital element on this planet, especially in fulfilling theneeds of human life. Therefore, the relationship between humans and theenvironment is inseparable. Humans grow and develop along with the surroundingenvironment. As a gift and grace from Allah swt. for mankind in general, andespecially for the Indonesian nation, the environment is a source of life that coversall aspects and materials. Law enforcement has a broad meaning because it includesaspects of prevention and prosecution, by conditions in Indonesia which involve theactive participation of government elements in increasing public legal awareness.Nonetheless, criminal law enforcement in the environmental sector has not achievedthe expected goals at this time. One of the causes of this failure is the lack ofsynchronization, coordination, consistency, and harmony in terms of culture,structure, and substance in the criminal justice system. Law enforcement as aprocess involves the application of discretion associated with decision-making thatis not strictly regulated by legal norms but involves elements of personal judgment.Therefore, it can be said that law enforcement does not only mean theimplementation of laws, although in Indonesia this tends to be the case, so the term"law enforcement" has become popular. This narrow view has weaknesses, especiallyif the implementation of laws or judges' decisions disturbs order in social life.Keywords: criminal law; realization; environmental justice

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