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Articles 85 Documents
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Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment Chaidir, Noor; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.58

Abstract

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.
Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law Monikasari, Shandra; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.60

Abstract

This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).
Criminal Liability Towards Corporations Acting As Narcotics Traffickers In Indonesia Hatta, Muhammad; Sumiadi, Sumiadi; Zulfan, Zulfan; Johari, Johari; Husni, Husni; Mohd Zahir, Mohd Zamre
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.61

Abstract

Corporate crime is often referred to as a crime committed by a legal entity or organization. Corporate involvement in criminal activity can enable criminal access to methods of production, storage, distribution, or trading. In the context of narcotics crime, corporations could play a significant role in the trafficking of narcotics through a variety of modus operandi including production, distribution, and sales to the general public. Therefore, corporation as a legal subject can be held accountable. This study uses a statutory approach and is normative (doctrinal). It solely employs secondary data and is processed qualitatively to describe facts, documents, information, and other data related to criminal liability for corporations as perpetrators of narcotics trafficking in Indonesia. The embodiment of criminal liability towards corporations as perpetrators of narcotics trafficking is regulated in several provisions, including Article 130 of Law No. 35 of 2009 concerning Narcotics as well as Articles 60 to 64 and Article 70 of Law No. 5 of 1997 concerning Psychotropics. The crime of narcotics distribution through corporation involves businesses or legal entities such as hospitals, health clinics, pharmacies and others. Revocation of business licenses can be used as punishment for those companies, while the management may also face further legal repercussions.
Adultery as a Complaint Offense in Overcoming Free Sex Behavior Topan, Muhammad
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.64

Abstract

Globalization has a global meaning which is likened to freedom. Many foreign cultures have entered, even though these cultures are not in accordance with our Eastern culture. For example, the culture of free sex behavior that is widespread in Western culture is not to our culture and is contrary to the foundation of our country, Pancasila. Indonesia has six officially recognized religions, namely Islam, Protestant Christianity, Catholic Christianity, Hinduism, Buddhism, and Confucianism. The majority of official religions in Indonesia give the view that free sex is a deviant behavior. The opening of the 1945 Constitution in the third paragraph states that it is the grace of God Almighty and so on. That is, this view has juridical consequences for all laws and regulations which must refer to and originate from theological values, namely the value of Belief in the One and Only God. With the expansion of the offense of adultery in the new Criminal Code that "adultery for men and women who are not married (not legally married) can also be punished", meaning that the new Criminal Code has referred to and sourced theological values ??as a basis for expanding the meaning of adultery, namely by the principle of Belief in the One and Only God in Pancasila. However, the formulation of complaint offenses in the new Criminal Code which limits only family members who can complain needs to be reviewed again for a criminal law policy in the context of tackling free sex behavior which is currently engulfing Indonesian society. Because by being limited to only the family who can complain, this is of course the same as opening up the family's disgrace, so there is a possibility that there will be no complaints. In addition, it is not right to limit only family members who can make complaints because they are considered the victims who are most affected. So actually it can also be assessed that the most affected by this free-sex behavior is not only the family but it must be interpreted that there is a "society" (or "community morals") as victims. When viewed in the context of collective morality, society suffers greatly because the quality of life together has decreased in quality or is referred to as moral degradation.
Provision Of Assistance By Legal Advisors/Advocates To Witnesses In The Investigation Stage Examination Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.69

Abstract

The Criminal Procedure Code only provides an opportunity for legal advisers to accompany the suspect in the Minutes of Examination with limited provisions, only to see and hear during the examination, this is regulated in Article 54 of the Criminal Procedure Code. Meanwhile, there is no regulation for witnesses in the Criminal Procedure Code. The problem in examining witnesses is when the witness being examined has the potential to become a suspect, where the concept of a witness who has the potential to become a suspect has become known as the concept of a potential suspect. So that it will be very urgent when the rights of witnesses being examined must really have their rights protected, one of the efforts to protect it is the presence of a legal adviser or advocate. The problem can be narrowed down to how witnesses who have the potential to become suspects in the investigation stage become more cooperative and "tame" towards investigators' summons to be examined, this of course needs to be made in a method that gains strong legitimacy at the norm level. In Article 27 paragraph (1) letter a Regulation of the Chief of Police Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards in the Implementation of Duties of the Indonesian National Police firmly states that "every officer who conducts examination of witnesses, suspects or examinees is obliged to: a. provide an opportunity for witnesses, suspects or being investigated to contact and be accompanied by a lawyer before the examination begins.
Determination of Suspects in Narcotics Crimes Through Supervised Submission (Controlled Delivery) Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.70

Abstract

Abstract Considering that the crime of illicit drug trafficking is already very horrific, both coming from abroad and those circulating within the country, a special method is needed to deal with it. Narcotics and psychotropics are substances or drugs that are very useful and necessary for certain diseases. However, if it is misused or used not in accordance with the standard of treatment, it can have very detrimental consequences for individuals or society, especially the younger generation. Seeing the difficulty of the investigative process for disclosing drug cases, there must be special rules governing the process or authority of investigators in handling drug cases. The authority of investigators in carrying out investigations, these techniques are undercover buys and controlled delivery. The norms governing controlled delivery, namely the Narcotics Law and the technical regulations under it, still cannot clearly describe the problems above, especially how the recipient, who incidentally is a person, is intentionally used or framed to become a recipient of narcotic packages .
Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.72

Abstract

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.
Independence of Judges In Imposting Community Service Criminals In Child Criminal Cases Sartika, Sarai Dwi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.73

Abstract

Children are the next generation of the nation, where a child who is involved in a crime must still be protected by the state. The imposition of a community service crime is an alternative type of punishment to a crime of deprivation of liberty or imprisonment which has the aim of preventing children from the negative effects of applying prison sentences. After the birth of Government Regulation Number 58 of 2022 concerning Forms and Procedures for Implementation of Crime and Actions Against Children, there are several obstacles such as the inconsistency of these regulations with the The Juvenile Justice System Law and the Judicial Powers Law, which gives rise to the independence of judges in deciding juvenile criminal cases, besides this it is still the limited resources of competent judges and the lack of infrastructure are obstacles to imposing community service crimes for child cases. The thesis will discuss what are the obstacles in making community service decisions and how to overcome these obstacles. This research method uses normative juridical research methods, which use a qualitative approach. Furthermore, it is known that there is a need for normalization of the implementing regulations for the Juvenile Justice System Law, training for Judge Resources through certification, and the importance of The Ministry of Law and Human Rights having an MOU with government and private institutions for the certainty of community service criminal places for judges in deciding cases.
Examination of Parties to Electronic Litigation in the Religious Courts Faghfirli, A. Rizqon
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.74

Abstract

Electronic courts provide convenience to justice seekers starting from registration, summons, and trial proceedings. On the other hand, electronic trials will also have implications for the effectiveness and efficiency of the litigation process, so that not much time is wasted and costs are not incurred. However, it is interesting to analyze in fact that in Supreme Court Regulation Number 7 of 2022 the author does not find any rules governing the procedures for examining one of the litigants who do not agree to conduct electronic trials, in the case of electronic trials (e-Litigation) Court Regulations Agung Number 7 of 2022 only regulates the exchange of response documents, replicas and duplicates from the parties electronically as well as arrangements for examining witnesses or experts which can be carried out remotely through electronic audio-visual communication media. So a party who refuses an electronic trial is deemed not to have exercised his rights so this is detrimental to that party, there is no procedure available for that party to continue to exercise his rights.
Responsibility of Local Governments in Fulfilling the Right to Food Zulaeha, Mulyani; Ariany, Lies; Sapoetra, Rahmat Halim; Azzahra, Nabilla Nurrosyifa
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.78

Abstract

Government Regulation Number 17 of 2015 concerning Food Security and Nutrition states that the Provincial Government, Regency/City Government, and/or Village Government implement policies and are responsible for the implementation of food security in their respective regions. Food security must be prioritized, and support from the Local Government and the Central Government in maintaining food security is important to prevent food crises. This study aims to analyze the policy of the Regional Government in managing food needs and providing food reserves so as to provide protection for the fulfillment of the right to food in South Kalimantan. Through socio-juridical research methods (socio-legal) using an interdisciplinary or "hybrid" approach between aspects of normative legal research through sociological approaches using qualitative analysis methods, it will be possible to observe the compatibility between das sollen and das sein, namely the integrity of a detailed and careful explanation of legal issues between law in book and law in action. As a form of responsibility, the Provincial Government of South Kalimantan has stipulated Regional Regulation and Regency/City Regulation as well as Regent/Mayor Regulation related to food as a legal basis in making policies/programs/activities related to food management and also providing food reserves so that communities are protected and the rights to their food are fulfilled both in quantity, quality, safe, diverse, nutritious, equitable and affordable. The regulation made is also should not contrary to the religion, beliefs, and culture of the community, so that the community and the individuals are able to live healthy, active, and productive sustainably. The government is also coordinating the agencies/SKPD Regional Government both vertically and horizontally, and carrying out cooperation about this matter with other regions.

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