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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 199 Documents
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URGENSI KEBIJAKAN KRIMINALISASI PENELANTARAN IZIN USAHA PERTAMBANGAN BATUBARA OLEH KORPORASI Simangunsong, Gusfen Alextron; Utama, Yos Johan; Rozah, Umi
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18666

Abstract

Development in the mining sector is an integral part of national development which aims to support industrialization programs to provide domestic raw materials and increase state revenues from foreign exchange and open up the widest possible employment opportunities in order to improve welfare. The implementation of mining business activities must begin with the ownership of a Mining Business License granted to business entities, cooperatives and individuals. The conditions that occur in reality record that there are not a few cases of illegal mining that cost the State around 38 trillion per year. It was recorded in 2021 that there were 2,741 unlicensed mining locations spread across 29 provinces in Indonesia. Of these points, there are 2,645 mineral and coal commodities and 96 coal commodity locations. Given the importance of the mining sector, the government positions the mining sector as the livelihood of many people. As mandated by the Constitution Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Law enforcement of the obligations of Coal Mining Business License holders has not been effective, seen from the five factors that have been fulfilled, namely the legal factors themselves, facility factors, law enforcement factors, legal awareness factors, and legal culture factors have not been able to be optimally implemented as they should. Criminalization of abandonment of Coal Mining Business License by corporations is very important (urgent), where administrative sanctions provided by the Government related to corporations that do not carry out the obligation to submit RKAB are...
RETHINKING TOURISM VILLAGES: HOW ECOLOGICAL JUSTICE SHAPES SUSTAINABLE DEVELOPMENT Wibowo, Dwi Edi; Niami, Mutimatun
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18698

Abstract

Tourism village management plays a pivotal role in advancing sustainable development, particularly in rural areas endowed with rich biodiversity and natural resource potential. Ecological justice, which underscores equitable access to natural resources and shared responsibility in maintaining ecosystem balance, is a critical concept for ensuring sustainability in tourism village management. This study investigates the integration of ecological justice into tourism village management and examines the challenges and opportunities associated with its implementation. Utilizing a qualitative approach, the research explores strategies and policies that promote environmental sustainability while enhancing the welfare of local communities. The findings reveal that participatory approaches, environmental education, and policies rooted in local wisdom are essential for achieving ecological justice. The novelty of this study lies in its focus on ecological justice as a comprehensive framework that transcends economic considerations to incorporate ecological and social equilibrium. By proposing a model for sustainable tourism village management, this research contributes to the discourse on sustainable development, providing practical insights for policymakers and stakeholders in achieving long-term environmental and community welfare objectives.
PENGUATAN DEWAN KEHORMATAN PENYELENGGARA PEMILU DALAM PENEGAKAN HUKUM KODE ETIK PENYELENGGARA PEMILU Rosidin, Utang
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18699

Abstract

The Election Organizer Honorary Council as an institution formed to handle violations of the code of ethics of election organizers applies the principles of maintaining justice, independence, impartiality, and transparency in enforcing the rules or ethical norms that apply to all election organizers, as stipulated in Law Number 7 of 2017. The method used in this study uses a normative legal approach. The results of the study, First, the legal framework for handling violations of the code of ethics of election organizers in Indonesia is a mandate of Law Number 7 of 2017, in Article 1 number 24 which states that the Election Organizer Honorary Council is an institution tasked with handling violations of the code of ethics of Election Organizers. Second, The urgency of law enforcement for violations of the code of ethics of election organizers as an effort to present the integrity of election organizers is the main capital in realizing democratic elections, the presence of the Election Organizer Honorary Council as an institution that is given the authority to handle violations of the code of ethics of election organizers is important in order to realize election organizers with integrity. Third, the Election Organizer Honorary Council in the process of handling alleged violations of the code of ethics of election organizers can be carried out including by carrying out prevention, action, and innovation in various forms of activities carried out in the process of law enforcement against alleged violations of the code of ethics of election organizers.
STRATEGI IMPLEMENTASI TANGGUNG JAWAB SOSIAL LINGKUNGAN DALAM PERUSAHAAN: DAMPAK DAN TANTANGAN Nuriyatman, Eko; Fitria, Fitria; Naili Hidayah, Lili; Fatimah, Siti; Irawan, Agus
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18877

Abstract

Environmental Social Responsibility is regulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies as part of Corporate Social Responsibility, which encourages companies to act ethically and contribute to improving the quality of life of the community. This study uses a normative legal method to analyze legal norms related to Environmental Social Responsibility and Corporate Social Responsibility and their application in practice. The problems discussed in this scientific article are related to the review of the implementation of environmental social responsibility by State-Owned Enterprises. The discussion includes strategies for implementing Environmental Social Responsibility which include analysis of community needs, stakeholder involvement, and allocation of sufficient resources. Evaluation of the impact of Environmental Social Responsibility is carried out through sustainability reports and the use of Key Performance Indicators, with support from international standards such as ISO 26000 and the Global Reporting Initiative. In conclusion, the effective implementation of Environmental Social Responsibility requires a comprehensive and collaborative approach, where companies must align Corporate Social Responsibility activities with the objectives of the Sustainable Development Goals. Advice for companies is to increase transparency and accountability in reporting Environmental Social Responsibility and integrate feedback from the community for more relevant and impactful programs. Thus, it is hoped that Environmental Social Responsibility will not only provide benefits for the company, but also for the community and the environment in a sustainable manner.
PEMBATASAN MASA JABATAN KETUA UMUM PARTAI POLITIK: TINJAUAN NEGARA HUKUM DAN DEMOKRASI Ghafur, Jamaludin
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.19327

Abstract

This paper aims to identify the implications of not regulating the term limits of political party chairmen on the principles of the rule of law and democracy and to find juridical and conceptual reasons for the government to regulate it. This research employs a normative legal method with a statutory and conceptual approach. Some of the research findings show that the implications of the absence of rules limiting the term of office of political party chairmen have negative implications for the principles of the rule of law and democracy, namely that leadership turnover or regeneration does not take place regularly. As a result, the majority of leadership in political parties has an authoritarian character where the party as an organization is not managed based on rules, but is determined by the authority and personal subjectivity of the chairperson. Initially, the limitation on the term of office of party chairpersons was not included in the regulation to prevent the Government from interfering in the internal affairs of parties, which based on past experience - especially during the Old Order and New Order, excessive state intervention has led to violations of citizens' constitutional rights to associate and assemble. Currently, the threat to citizens' freedom of association and assembly comes from the internal power of political parties, particularly from party chairpersons. With enormous and almost unlimited authority, party chairmen can act arbitrarily. Therefore, it is time for the Government to strictly regulate the limitation of the term of office of party chairpersons to...
HOW DO INDONESIAN LAWS AND REGULATIONS SHAPE THE POLITICAL LANDSCAPE OF FORESTRY LICENSING? Hartati; Qurochman, Taufik; Helmi; Diar, Adithiya
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.19382

Abstract

This research aims to analyze the evolution of forestry licensing regulations before and after the enactment of the Job Creation Law (CK Law). Utilizing a normative juridical approach, this study examines conceptual, statutory, and historical aspects of forestry law. The findings reveal that the politics surrounding forestry law significantly impact the balance between investment-driven economic interests and the preservation of sustainable forest cover. Prior regulatory issues in forest management remain unaddressed by the CK Law, which primarily emphasizes the exploitation of forest resources. This focus could exacerbate carbon emissions as forest utilization investments increase. While the changes introduced by the CK Law are designed to boost investment by simplifying licensing procedures, permitting multi-business activities, and facilitating foreign investment, they also present challenges for natural resource management. The revisions dilute commitments to forest conservation, reinforce disparities in forest product utilization between large corporations and local communities, and marginalize traditional forest-dependent populations. The novelty of this research lies in its critical examination of how legal reforms aimed at economic growth may unintentionally undermine long-term environmental sustainability and social equity. The urgency of this issue is highlighted by the potential long-term consequences of these legal changes on both environmental health and community welfare. This study contributes to the broader discourse on balancing economic development with environmental protection in Indonesia’s forestry sector.
Indonesia's Legal Policy in Responding to China's Trade War Retaliation Against the United States Based on the Principle of Protectionism: Politik Hukum Indonesia dalam Menghadapi Retaliasi Perang Dagang China terhadap Amerika Serikat Berdasarkan Prinsip Proteksionisme Rastuti, Tuti; Khoirudin, Andian Achya Dzikriyyah
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.15157

Abstract

The trade war between the United States and China, driven by protectionist policies, has significantly disrupted global trade flows. For Indonesia, the conflict impacts exports, imports, and investment, while raising three critical: protecting domestic industries, maintaining neutral trade relations, and adhering to the principles of the World Trade Organization (WTO). Indonesia must formulate a balanced legal and trade strategy that upholds both national interests and international obligations. This study analyzes Indonesia’s legal-political response to China’s trade war retaliation against the United States, emphasizing the application of protectionist principles within the WTO framework. Employing normative legal research with statutory and conceptual approaches, the study draws on WTO agreements, national trade laws, and relevant case studies. The research findings indicate that Indonesia is able to maintain economic stability and promote peaceful relations with both conflicting countries through trade cooperation, while remaining compliant with the principles of the World Trade Organization (WTO). The "free and active" foreign policy is implemented as a form of “strategic hedging” or “pragmatic engagement” in Indonesia’s international trade policy. This concept serves to mitigate the risks associated with global trade war retaliation. Such a trade policy is in line with Indonesia’s foreign policy as mandated by the Constitution.
Duress Prevention in Juvenile Criminal Proceedings: Comparative Analysis of The United Kingdom and Indonesia Tantimin; Situmeang, Ampuan; Febriyani, Emiliya
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19168

Abstract

The juvenile justice system is intrinsically related to youth development, as it is responsible for the education and rehabilitation of children who have committed or are suspected of committing a crime. Juvenile crimes must go through criminal proceedings before being tried in court. However, discussions on preventing duress during these proceedings in Indonesia remain limited. This research aims to analyze efforts to prevent duress during juvenile criminal proceedings in Indonesia, highlighting potential gaps and comparing them to the United Kingdom's juvenile justice system. Utilizing the normative research method with the support of the comparative approach, this study examines existing Indonesian laws and their implementation while juxtaposing them with the UK’s juvenile justice framework. The analysis reveals significant opportunities for duress to occur within Indonesia’s juvenile justice system, contrasting with the UK’s system, which has a more structured set of legal norms. Based on these findings, this research proposes a model for legal development, focusing on closing procedural gaps that allow duress to occur during juvenile criminal proceedings in Indonesia.
Criminalizing Greenwashing: Addressing Consumer Protection Challenges in the Era of Sustainability: Mengkriminalisasi Greenwashing: Menjawab Tantangan Perlindungan Konsumen di Era Keberlanjutan Zentoni; Santoso, Budi; Tobing, David M. L.
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19243

Abstract

Greenwashing is a phenomenon where companies claim their products or policies are environmentally friendly when, in reality, they are not. This phenomenon has grown alongside increasing public awareness of the importance of environmental sustainability. Greenwashing not only harms consumers who are misled by these false claims but also poses a threat to the environment by obscuring corporate responsibility toward sustainability. In the context of criminal law, greenwashing can be categorized as a serious form of environmental fraud; however, many countries still lack clear regulations to address it. As sustainability becomes a central focus across various sectors, the need for stricter regulation and legal enforcement against unethical practices like greenwashing is crucial. This research uses a normative legal method with statutory, conceptual, and comparative approaches. The findings reveal that Indonesia's criminal law is insufficient in addressing greenwashing, which harms both consumers and the environment. Comprehensive legal reform is necessary. Indonesia currently lacks specific regulations that criminalize greenwashing, making it essential to revise laws such as the Criminal Code, the Consumer Protection Law, or Environmental Law. These reforms should include clear definitions, transparent evidence standards, and strict sanctions, including criminal penalties for companies found guilty. Several countries, such as France, Germany, Canada, and Australia, have taken proactive steps by tightening regulations and law enforcement. Indonesia can learn from these countries to develop a more responsive legal system. Adopting international standards and harmonizing regulations across countries is also important to address global challenges that allow multinational companies to evade responsibility....
The Sadd Al-Dzari’ah Approach in Preventing Child Marriage: A Case Study in Probolinggo Regency: Pendekatan Sadd Al-Dzari’ah Dalam Pencegahan Perkawinan Anak: Studi Kasus di Kabupaten Probolinggo Nugroho, Irzak Yuliardy; Cholil, Mufidah; Suwandi, Suwandi; Rouf, Abd
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19478

Abstract

Child marriage remains a significant legal and social issue in Indonesia, particularly in Probolinggo, which has one of the highest child marriage rates in East Java. This phenomenon negatively affects children in terms of education, health, economy, and social well-being. This study analyzes child marriage prevention using the Sadd al-Dzari’ah approach, which aims to prevent actions leading to harm. Employing an empirical juridical method with a qualitative approach, data were gathered through interviews, observations, and legal document analysis. The findings reveal that preventing child marriage is not only permissible but also recommended in Islamic law. The Sadd al-Dzari’ah approach is applied through three key elements: al-ifda (the negative impacts of child marriage), al-wasilah (preventive measures such as education and legal enforcement), and al-mutawasal ilaih (the ultimate goal of protecting children’s rights and well-being based on Maqasid Shariah). The study also highlights challenges in implementation, such as legal loopholes in marriage dispensation, socio-cultural norms, and economic factors that continue to drive child marriages. Strengthening policies, increasing public awareness, and integrating Islamic jurisprudence with national law are essential in effectively reducing child marriage rates.

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