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Tadulako Law Review
Published by Universitas Tadulako
ISSN : 25272977     EISSN : 25272985     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 86 Documents
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ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW Aini, Desy Churul; Banjarani, Desia Rakhma
Tadulako Law Review Vol 3, No 1 (2018)
Publisher : Tadulako University

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Abstract

The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.
STATE SOVEREIGNTY OVER MINERAL RESOURCES IN FOREIGN INVESTMENT REGULATION AT MINING SECTOR IN INDONESIA Lanini, Agus
Tadulako Law Review Vol 1, No 1 (2016)
Publisher : Tadulako University

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Abstract State sovereignty over mineral resources such asan authority  to manage  policy over mineral resouces, making regulation, and it implementation as mandatory of article 33 (3) UUDNRI 1945. Legal certainty and the honor toward international law as the basis of foreign investment agreement on mineral extraction between investment and the government of Indonesia that are established,  would be still recognized until the end of its period. Due to the sovereignty implementation over mineral resources still faced various problems that the government as constitution mandatory should be clearly thorough establish an authority as government representative and responsible in making a legal transaction to the investor in the frame of full security guaranty investation. Keywords: Indonesia, Mineral, Sovereignty
THE POLICE CONSIDERATIONS IN HANDLING TRAFFIC ACCIDENT CASE WHICH RESULT IN SOMEONE’S DEATH IN KLATEN DISTRICT Wicaksana, Bayu Adi
Tadulako Law Review Vol 1, No 1 (2016)
Publisher : Tadulako University

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Abstract The case that often gain pros and cons in the legal field in today’s world are cases related to negligence. Negligence is usually done by most people that in case of a traffic accident. The Police must have the understanding about the formulation of the crime in relation to their duty in determine the status of the suspect, because the lack of understanding on the formulation of criminal offense would be influential in revealing the relationship of an action and its consequence. The issue to be examined is the Police consideration in dealing with traffic accident which resulted in someone’s death due to a negligence. In order to prove the alleged suspect several things must be done such as investigating the crime the crime scene, listening to witnesses and choosing applicable legal articles. The obstacle faced by the police to process the traffic accident case is related to the witness and the suspect. Keywords : Police, Traffic Accident, Negligence
THE URGENCY OF THE CRIMINAL POLICY IN CRIME MITIGATION POLICE PROFESSION Tahir, Ridwan
Tadulako Law Review Vol 1, No 2 (2016)
Publisher : Tadulako University

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This article aims to reveal the characteristics of the crimes committed by the police in general, and then continued by asserting the main orientation of the criminal policy in crime prevention. Next, will be discussed more specifically about the urgency of the criminal policy in the prevention of the crimes committed by the police. This paper, presented using data and information from literature sources, then analyzed qualitatively with decomposition descriptive and prescriptive analytics. The focus of the discussion of this article will be directed to the issue of urgency criminal policy in relation to the role of agency compensation and rehabilitation for the abuses of power that are criminogen in the investigation process established through pretrial agencies that the results are only set compensation and rehabilitation as a result of misuse of the police profession. To that end, the weakness of the criminal law policy, need to be updated, ie, by adding the authority to institute pretrial may also recommend its findings to be prosecuted and criminal sanctions
THE ROLE OF JUDICIAL ADMINISTRATION OF THE GOVERNMENT ACTION ARBITRARY OR VIOLATE RIGHTS CITIZENS Syaprillah, Aditia
Tadulako Law Review Vol 2, No 1 (2017)
Publisher : Tadulako University

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Abstract

The state of judicial administration is formed in order to provide protection for justice seekers who felt indiscriminate with the decision made by judicial administration. Government policies have released with careful consideration on the interest of citizen, therefore district institutions have to be set up as a means for control system.Goal of this study is to analyze the role of state judicial administration to provide protection from indiscrimination for all citizens. The research methods used in this study are normative and doctrine approaches, which are statute approach and regulation approach. Government authority has taken by regulation cannot be operated freely.
STATE’S AUTHORITY RIGHTS OVER LAND IN INDONESIA Awaluddin, Awaluddin
Tadulako Law Review Vol 2, No 2 (2017)
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The basic principle mentioned about the right over land by state is very basic according Article 33 Paragraph (3) of the 1945 Constitution which states "" earth and air and natural resources contained within it controlled by the state and used for the stock of people's prosperity." This research is intended to seek and understand whether the meaning of rights by the state can be interpreted also as the right of the state (eigenaar) to the land in Indonesia. This research uses research methods with the approach of legislation and conceptual road. Based materials from books law and research journals are the main legal ingredients. The results show that state copyright is interpreted as a state authority, judicial, air and space rules and regulations.
THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK Nirwana, Nirwana; Patittingi, Farida; Nur, Sri Susyanti
Tadulako Law Review Vol 2, No 2 (2017)
Publisher : Tadulako University

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The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.
THE INTERNET, CIVIC ENGAGEMENT, AND NEW CIVIL SOCIETY IN INDONESIA: A LESSON FROM TWO TALES Muhtada, Dani
Tadulako Law Review Vol 3, No 1 (2018)
Publisher : Tadulako University

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This article discusses two legal cases happened in 2009: the cases of Prita Mulyasari and Bibit-Chandra. These cases are interesting as they involved the use of Internet as a medium for an effective civic engagement in controlling law enforcement. The response of the Indonesian public to the cases of Prita and Bibit-Chandra and their success stories in controlling the authorities indicate a significant existence of the so-called an “online parliament”, which signed an emergence of a new civil society movement in the modern Indonesia. This online parliament is much more inexpensive and independent than the conventional parliament. However, it might only work for political issues that attract much public attention and might be only accessible for those who have the access to the Internet.
THE ROLE OF BROADCASTING AGENCY TO BUILD THE LEGAL COMPLIANCE OF SOCIETY Rukitasari, Lilik; Irwansyah, Irwansyah
Tadulako Law Review Vol 1, No 1 (2016)
Publisher : Tadulako University

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Abstract Broadcasting has become part of peoples’ lives needs for information, entertainment and education. Broadcasting agency as mass communication media play a role to shape the behavior of political, social, and economic in every society, in order to establish the public legal compliance through broadcasting activities that are counseling and law clarification, it takes effective communication media so that the target is expected to be achieved through increased the quality broadcast programs and attractive containing understanding and knowledge about the law will be able to increase publics’ consciousness and legal compliance. This study using sociological-juridical approach by analyzing the empirical data in order to understand the social and legal responsibilities and functions of broadcasting as a mass communication media is effective in disseminating the law and the formation of values, the result of study drawn through the broadcast media were able to create a culture norms, it means the function of media is not only as a transmitter of information to disseminate the law to the public but also it can have the effect of influencing and encouraging the change of behavior towards the law-abiding. Keywords: Broadcasting Agency, Law Compliance, Society
THE CRIMINAL LAW POLICY FORMULATION IN LAW NUMBER 22 OF 2009 CONCERNING TRAFFIC AND TRANSPORTATION Kurnianingsih, Marisa
Tadulako Law Review Vol 1, No 1 (2016)
Publisher : Tadulako University

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Abstract This paper focuses on the criminal law formulation policy related to criminal Law No. 22 of 2009 concerning Traffic and transportation. The policy formulation certainly need to be tied in every stage of the making, the implementation and accomplishment in order to create a sustain system.  The formulation policy or the stage of making the law is a fundamental policy in criminal law policy because formulation policy is determinant of to whether a law could be applied in society. The issues discussed in this paper are: (1) How the formulation policy of criminal law in Law Number 22 Year 2009 regarding Traffic and transportation? (2) How the formulation policy of criminal law in the Law of Traffic and Transportation in the future? Firstly, the formulation policy of Law Number 22 Year 2009 regarding Traffic and Transportation will be discussed with three main discussion of criminal law which are criminal offense, criminal liability, and crime. Secondly, for the formulation policy of criminal law in the Law concerning traffic and transportation in the future the writer employs the concept of Penal Code 2012 as consideration to attain a formulation that could improve the current formulation. Such formulations are as followed:(a) qualifying offense should be retained but must be consistent with the legislators in the inclusion of criminal penalty so legal result will be clear. (b) In the arrangement of criminal penalty the criminal objective and guideline is needed. Keywords: policy formulation, criminal law, and Traffic

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