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Articles 85 Documents
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Problems of Mangrove Forest Deporestation with the Status of Other User Areas for the Development of Residential Areas and Pond Activities in Kotabaru Regency From A Criminal Perspective Kity, Kity Tokan; Amin, Muhammad Erham; Syaufi, Ahmad; Mispansyah, Mispansyah
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.v3i2.79

Abstract

The purpose of carrying out this journal is to find out that deforestation of mangrove forests in Kotabaru Regency carried out by the community is an environmental crime and they want to know the sanctions that can be imposed on perpetrators of mangrove forest deforestation in Kotabaru Regency which cause damage to the mangrove forest ecosystem. The results of this writing are that the act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is caused by the local government's RTRWK inventory process being less than thorough because there are still mangrove forests that are included in residential areas and fisheries cultivation areas. Furthermore, the act of mangrove deforestation is a criminal act of environmental destruction because it pollutes and destroys the surrounding environment, destroying mangrove forests, and destroying the mangrove ecosystem. Normative research type, doctrinal legal research type using philosophical thinking by finding a concept, research approach, statutory approach, and conceptual approach. Prescriptive nature of research types and primary secondary and tertiary research. There are still mangrove forest plants based on the author's research which are located on the sea coast of Silver Street, Semayap Village, Kotabaru Regency which extends to the Semayap Village housing complex which is a residential area in the RTRWK Kotabaru Regency is located in a residential area, so the author can conclude that the regional government's inventory process in the RTRW process is not thorough enough and the need for the RTRWK to be revised again, as well as the sea coast area, city boundaries, the village of Stagen District. Kotabaru with the presence of fish and shrimp ponds included in the RTRWK for cultivation areas, the writer can conclude that the regional government inventory process in the RTRW process is not thorough enough and the RTRWK needs to be revised again so that the writer concludes that the local regional government is also responsible for the deportation carried out by residential business actors. and pond cultivation on the side of Silver Street, Semayap Village, Kotabaru Regency up to the Semayap housing complex as well as fish pond cultivation on the coast at the city limits of Stagen Village, Kec. North Sea Island District. new city. The current impact is that this location often floods when the sea water is at high tide. The act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is an environmental crime. Sanctions that can be imposed on the perpetrators are Article 98 paragraph (1) of the Law of the Republic of Indonesia Number 32 of 2009 concerning Protection and Management of the Environment Article 35 Letter e of the Republic of Indonesia Law Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and article 73 letter b of Law of the Republic of Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the regional government should be asked for criminal liability in article 112 and article 113 UUPPLH.
Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan Tornado, Anang Shophan; Fahlani, Soffyan Angga; Alfath, Nur Khalis; Aida, Nur; Nisa, Noor Fidhiatun; Risna, Risna
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.v3i2.82

Abstract

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.
The Shifting of Representation: from a Female Regent Presence to The Policy Interest of Rural Women Hairini, Siti Mauliana; Sari, Noviana
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.v3i2.86

Abstract

Exclusively, The theoretical and empirical studies on women's representation have focused on parliament and the existing literature on women in politics. The substantive representation become one of the main concerns of the scholars to be an instrument of how to pursue women's issues while, this paper has tried to analyze how the descriptive representation and the substantive representation are inseparable from female regent existence in politics. In the debate between descriptive representation and substantive representation of women in pursuing conservative political issues for rural women, this study considers that there is a causal relationship between the two representation models. The politics of presence and ideas of female Regent who implemented electronic voting (e-voting) in simultaneous village head elections in Barito Kuala District has strongly created a symbol for women that indirectly fostered a sense of commons destiny and experience for women to encourage their participation and increase the electability of women in village politics.
Women's Representation To Establish Anti-Corruption In The Village Government Of Kotaraja, Hulu Sungai Utara Hanifah, Lena; Abdullah, Dadang; Ismah, Nor
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.v4i1.87

Abstract

The representation of women in village governance, particularly in the Village Consultative Body (BPD), is mandated by Law Number 6 of 2014 concerning Villages. Fulfillment of this mandate becomes a subject of debate when the role is merely symbolic to meet the quota of women in village governance. In this context, the method employed is qualitative analysis, utilizing a socio-legal approach that highlights the complexity of social and legal dynamics influencing women's representation in the Village Consultative Body. The role of female representatives is crucial in enhancing the welfare of rural communities, simultaneously contributing to the realization of a corruption-free village. Additionally, they possess a unique closeness and empathy towards the issues faced by women in their villages, enabling them to gain the trust of the community. Residents of Kota Raja Village also perceive female candidates as being corruption-free and capable of fulfilling their duties and responsibilities, thereby earning trust from their respective neighborhood associations (RT - Rukun Tetangga). This situation is evident in the increased representation of women in the governance of Kota Raja Village, especially in the Village Consultative Body. In the newly elected Village Consultative Body for the period 2023-2029, 50% of its members are women, up from 44%. This figure demonstrates the positive perception of Kota Raja Village residents regarding the importance of women's representation in village governance. However, doubts persist regarding whether women's representation is merely symbolic and whether it reflects sincere efforts to empower women in village governance. Nonetheless, this raises further questions about the skills of female representation in addressing the complex issues faced by rural communities.and application within the framework of Indonesian law.
Blocking of Other Party's Account Used by Suspect of Money Laundering Crime in Narcotics Case Sulistianor, Eko
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.v3i2.89

Abstract

This study aims to analyze the action of blocking accounts of other parties used by suspects of money laundering crimes in narcotics cases. The research adopts a normative legal approach with a descriptive nature. The focus of this study is on the process and legal implications of blocking accounts of other parties in narcotics cases involving money laundering. The legal approach in this research includes analyzing relevant laws and understanding related legal principles. The findings of this study will provide insights into the practice of blocking accounts in the context of narcotics law enforcement and money laundering, as well as its implications within the criminal justice system. The conclusion of this research will offer a better understanding of how the process of blocking accounts of other parties can contribute to the effective handling of narcotics and money laundering cases.
Restorative Justice for Children in Conflict with the Law in Narcotics Cases Mutia Pratiwi, Gischa
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.v3i2.90

Abstract

The aim of this study is to examine the implementation of restorative justice for juveniles involved in narcotics cases within the context of law enforcement. The research adopts a normative legal approach with a descriptive nature, focusing specifically on the analysis of the ambiguity within Article 82 of Law Number 11 of 2012 regarding the Juvenile Criminal Justice System. Both statutory and conceptual approaches are employed in this legal inquiry. The findings reveal that efforts to address narcotics-related offenses among juveniles are pursued through a combination of non-penal and penal policies. Non-penal measures involve preventive and repressive strategies, including counseling, awareness campaigns, distribution of informative materials such as pamphlets and billboards, engagement with traditional and religious leaders, and community guidance. In conclusion, this research underscores the necessity of integrating restorative justice principles into the handling of juvenile offenders involved in narcotics cases. It emphasizes the importance of a multifaceted approach that encompasses both preventive and punitive measures within the legal framework.
Analysis of Leadership Model for Participation of River Guard in the River Waste Management System for Sustainable Healty City in Banjarmasin South Kalimantan, Indonesia Herawati, Herawati; Kausar, Lola Illona Elfani; Arifin, Syamsul; Atqiya, Ilma Hudatil; Rayhan, Muhammad
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.v4i1.91

Abstract

(1) Background: Health issues in wetland environmental areas, especially the problem of waste in rivers, is still a strategic issue, so it was important to study about river management. Whatever management, it cannot be separated from the leadership aspect, because leadership plays a key role in formulating and implementing strategies policy, including encourage community participation. Thus, community participation becomes an important thing in integrated river management to create a sustainable Healthy City. One element that is part of the community participation is the river guard. This research was aimed to analyze the leadership model for the participation of river guard in the river waste management system in Banjarmasin City; (2) Methods: The research design used mixed methods research (qualitative and quantitative research methods). The research subjects were 30 river guards and other informants who involved of river waste management in Banjarmasin City; (3) Results: The research results showed that the majority of river guards had good participation, and only a few of river guards had sufficient participation. Furhermore, it was found that the Laissez Faire leadership model or style tends to influence the participation of river guards in the river waste management system in Banjarmasin City; (4) Conclusions: The laissez faire leadership style does not always mean negative, but of course there are positive things or effects, when a leader is able to transform it. Keywords: community participation; healthy city; leadership model; river waste management
Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia Rosadi, Herry; 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.v3i2.92

Abstract

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.
Suitability of Antitrust Immunity Law in the Assignment of the Covid-19 Vaccine to PT Bio Farma (Persero) Sari, Shela Intan; Anisah, Siti
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.v2i2.93

Abstract

In early 2020, the global shock of the Covid-19 outbreak led to the rapid development of vaccines in several countries. In Indonesia, PT Bio Farma was designated by the government to procure Covid-19 vaccines, as outlined in Presidential Regulation Number 99 of 2020. This study examines the legality of PT Bio Farma's direct appointment in vaccine procurement under business competition law and its compliance with antitrust immunity. Through normative legal research, it is found that while some regulations are adhered to, others are violated by the government, indicating that PT Bio Farma's direct appointment does not align with principles of fairness and economic democracy in business competition law. Moreover, Presidential Decree No. 99 of 2020 provides antitrust immunity, subject to fulfilling specific criteria, in line with certain articles of the Antitrust Law, as an exception to the prohibition of monopolistic practices.
Optimize The Authority To Judicial Review By The Supreme Court Simamora, Janpatar
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.v3i1.94

Abstract

Determined of Supreme Court Regulation Number 1 of 2011 about the Right to Test Material, where one of the substances remove strained period the submission deadline Applications for approval were previously limited to 180 days after regulation laws and regulations determined as previously regulated in the Regulations Supreme Court Number 1 of 2004 should be welcomed as a positive step in in order to make the authority to review statutory regulations effective by Supreme Court. In the future, in order to further optimize authority Therefore, the Supreme Court Regulations Concerning the Right to Judicial Review need to be revised through the establishment of Supreme Court Regulations regarding regulatory review regulations that include the right to material review and the right to formal review, because However, the Supreme Court does not only have the authority to carry out material tests also formal testing where the two understanding authorities are better known as the term judicial review authority.

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