scholarly journals Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok

2021 ◽  
Vol 2 (3) ◽  
pp. 607-610
Author(s):  
Ketut Danu Yudistira ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Environmental Damage ◽  
Conceptual Approach ◽  
Community Culture ◽  
Criminal Sanctions ◽  
Administrative Sanctions ◽  
Field Interview

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.

scholarly journals THE IMPROVEMENT OF CIVIL CONSCIOUSNESS OF LAW FOR THE ENDORSEMENT OF LAW AND ECONOMIC DEVELOPMENT IN INDONESIA

2021 ◽  
Vol 6 (2) ◽  
pp. 318
Author(s):  
Ani Yunita
Keyword(s):  
Economic Development ◽  
Law Enforcement ◽  
Qualitative Analysis ◽  
Social Problems ◽  
Public Awareness ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Legal Information ◽  
Legal Development ◽  
The Government

Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary  to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.

scholarly journals Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

2020 ◽  
Vol 7 (8) ◽  
pp. 687-694
Author(s):  
Kartono Kartono
Keyword(s):  
Law Enforcement ◽  
Social Control ◽  
Research Method ◽  
Large Scale ◽  
Public Awareness ◽  
Secondary Data ◽  
The Internet ◽  
Criminal Sanctions ◽  
Alternative Sanction ◽  
The Government

AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul.  Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored.  The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

scholarly journals KAJIAN PENEGAKAN HUKUM TERHADAP TINDAKAN PENGANIAYAAN HEWAN DAN EKSPLOITASI SATWA LANGKA

2021 ◽  
pp. 1189
Author(s):  
Stefany Ismantara ◽  
Raden Ajeng Diah Puspa Sari ◽  
Cecilia Elvira ◽  
Jeane Netlje Sally
Keyword(s):  
Law Enforcement ◽  
Animal Rights ◽  
Animal Health ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Animal Cruelty ◽  
Criminal Cases ◽  
Criminal Sanctions ◽  
Endangered Animals

Animal cruelty is an immoral crime that usurps animal rights, while exploitation of endangered animals is an act that has the potential to kill biodiversity in its country. The purpose of this article is to evaluate law enforcement against animal cruelty in Indonesia and its obstacles. The methodology used in this research is normative legal research which focused on secondary data approach. Although laws that regulate these criminal acts exist, such as Article 302 Criminal Code which explains the prohibition of actions that are detrimental to animal health, Law 5/1990 concerning conservation of the living natural resources and its ecosystem, added with Law18/2009 concerning husbandry and animal health, criminal cases regarding maltreatment and exploitation of circus animals, also abuse to killing pets and hunting of protected wildlife are still rampant. This could happen because of weak law enforcement that prevents deterrence. Criminal sanctions given to the perpetrators of animal cruelty are considered very light and justice for animal welfare is almost non existent. Factors that cause weak law enforcement are unsupportive constitutions, law enforcers, law facilities, its country community, and the legal culture factor. In order to overcome this matter, formulation of appropriate law to ensure legal certainty, a supportive constitution, education about biodiversity to the community, a proper surveillance system, assertiveness in law enforcement officers, and availability of adequate facilities are needed. Penganiayaan terhadap hewan merupakan suatu tindak kejahatan asusila yang merampas hak hewan. Sementara eksploitasi satwa langka adalah suatu tindakan yang berpotensi mematikan keanekaragaman hayati dalam negara. Penulisan ini bertujuan untuk mengetahui bagaimana penegakan hukum terhadap pelaku penganiayaan hewan dan eksploitasi satwa langka di Indonesia, serta faktor penghambatnya. Metode penelitian yang digunakan untuk menyusun artikel ini adalah metode penelitian hukum normatif yang berfokus pengumpulan data sekunder. Walau sudah ada peraturan perundang-undangan yang mengatur tindak pidana tersebut, seperti pada Pasal 302 KUHP yang membahas mengenai larangan perbuatan yang merugikan kesehatan hewan, UU 5/1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya, ditambah dengan UU 18/2009 tentang Peternakan dan Kesehatan Hewan, kasus-kasus seperti penganiayaan dan eksploitasi hewan sirkus, juga penganiayaan hingga pembunuhan terhadap hewan peliharaan dan perburuan satwa liar yang dilindungi masih saja marak terjadi. Hal ini diakibatkan oleh penegakan hukum yang lemah sehingga efek jera gagal dimunculkan. Sanksi pidana yang diberikan kepada pelaku tindak pidana dinilai sangat ringan dan eksistensi keadilan bagi kesejahteraan hewan hampir tidak ada. Penegakan hukum yang lemah disebabkan oleh faktor Undang-Undang, penegak hukum, sarana dan fasilitas, faktor masyarakat, dan faktor budaya hukum. Dibutuhkan perumusan suatu aturan yang menjamin kepastian hukum untuk mendongkrak efektivitas hukum, penyuluhan masyarakat, sistem pengawasan yang memadai, ketegasan dari para aparat penegak hukum, dan ketersediaan fasilitas dan sarana yang memadai.

scholarly journals Law Enforcement of Street Vendors by the Civil Service Police Unit

2019 ◽  
Vol 15 (1) ◽  
pp. 18-25
Author(s):  
Fasa Fariza Tama ◽  
Dyah Adriantini Sintha Dewi ◽  
Habib Muhsin Syafingi
Keyword(s):  
Law Enforcement ◽  
Environmental Health ◽  
Civil Service ◽  
Public Awareness ◽  
Secondary Data ◽  
Control Effort ◽  
Street Vendors ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Depth Interviews

This study aims to analyze the implementation and identify the obstacles to control of street vendors (PKL) by the Civil Service Police Unit (Satpol PP) in Temanggung Regency. This research was conducted with a qualitative approach through in-depth interviews with Satpol PP Officers. Secondary data was obtained from legal materials consisting of Regulation of the Minister of Home Affairs Number 54 of 2011 concerning Operational Standards for Civil Service Police Procedure and Regional Regulation of Temanggung District Number 12 of 2011 concerning Cleanliness, Beauty, Order, and Environmental Health. The data analysis technique used in this research is descriptive qualitative. The results showed that controlling the street vendors conducted by Satpol PP was carried out through several stages, namely 1) coaching and socialization; 2) issuing warning letters, and; 3) demolition of merchant stalls. This control effort has not been able to reduce the number of street vendors who break the rules. Constraints faced in the efforts to control street vendors, among others: 1) the rules which are used as the basis for control are still general in nature; 2) there is no specific location for the existence of street vendors; 3) sanctions are regulated only in the form of criminal sanctions; 4) human resources/personnel of Satpol PP are still lacking; 5) lack of coordination across Regional Apparatuses, and; 6) public awareness (PKL) is still low. Thus, Temanggung District Regulation Number 12 of 2011 concerning Cleanliness, Beauty, Order, and Environmental Health has not been effective in generating PKL compliance with regulations.

scholarly journals KONSEKUENSI YURIDIS PENYIMPANGAN KEWENANGAN INTERSEPSI OLEH PENEGAK HUKUM

2012 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Qualitative Methods ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Ordinary People ◽  
Criminal Sanctions ◽  
Police Action ◽  
The Law

Interception is an act that violates human rights is therefore authorized the interception can only be done by law enforcement officers. In reality interception authority by police to deviate from the provisions that have been mandated by law. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on this study it can be concluded that the juridical consequences of the actions of police conduct authority lapses in implementing the interception an act that is against the law and may be subject to criminal sanctions, it is based on a systematic interpretation of Article 31 paragraph (3), the law enforcement officers who perform deviation authority interception the position equivalent to ordinary people who do the interception as stipulated in Article 31 paragraph (1). So the police action could be sanctioned as provided for in Article 31, paragraph 1 in conjunction with Article 47 of Law ITE. Keywords: Deviation, authorized, Interception, Law enforcement

scholarly journals GOGOLI'S PENALTY IN RENEWING DEATH CRIMINAL SANCTIONS TO IMMIGRANTS OF NARCOTICS CRIMES IN INDONESIA (STUDY ON THE AGE OF BUTON)

2018 ◽  
Vol 3 (2) ◽  
pp. 99-110
Author(s):  
La Ode Bunga Ali ◽  
Muh Sutri Mansyah
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Research Method ◽  
Law Enforcement Officers ◽  
The Body ◽  
Customary Law ◽  
Deterrent Effect ◽  
Criminal Sanction ◽  
Conceptual Approach ◽  
Criminal Sanctions

Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

The Equal Migrant Labor Distribution through Indonesia Labor Law Policy in ASEAN Economic Community Framework

2020 ◽  
Vol 11 (2) ◽  
pp. 334
Author(s):  
Emilia Fitriana DEWI ◽  
Agus MULYA ◽  
An CHANDRAWULAN ◽  
Yani PUJIWATI ◽  
Achmad GHAZALI ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Migrant Workers ◽  
Central Government ◽  
Migrant Labor ◽  
Economic Community ◽  
Labor Laws ◽  
Criminal Sanctions ◽  
Asean Economic Community ◽  
Administrative Sanctions ◽  
Desk Research

The ASEAN Economic Community (AEC) currently requires diverse economic agreements and laws across the region because it moves in a robust multilateral connection based on political, industry, welfares, services, and especially migrant workers. Indonesia, as the largest provider of migrant workers, should have been prepared to deal with the cases of migrant workers. There is a need to build up consensus and appropriate Indonesian labor laws, such as the establishment of multi-partite bodies for purposes of recognition in the ASEAN Economic Community. Thus, this paper attempts to analyze the current existing labor laws in Indonesia. External desk research was employed in this study as the methodology. The results found that the several laws do not meet the needs of the Protection of Indonesian Migrant Workers concerning the Placement and Protection of Indonesian Workers Abroad. There has not yet provided proportional tasks and authority between the Central Government, Regional Governments, and the private sector. The implementation of the Protection of Indonesian Migrant Workers requires strict supervision and law enforcement. The supervision including protection before work, during work, and after work, and law enforcement should accommodate the administrative sanctions and criminal sanctions.  

scholarly journals Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 143-149
Author(s):  
Rama Sari Atiwiz Purba ◽  
Ridho Mubarak ◽  
Rafiqi Rafiqi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Government Regulation ◽  
Legal Action ◽  
Foreign Nationals ◽  
Criminal Sanctions ◽  
Library Research ◽  
Criminal Offenses ◽  
The Republic ◽  
Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

scholarly journals Application of Strict Liability Principles Against Illegal Karst Rock Mining Leading to Environmental Damage

2021 ◽  
Vol 316 ◽  
pp. 04008
Author(s):  
Yeni Widowaty ◽  
Gatot Supangkat Samidjo ◽  
Dakha Hadi Nugraha
Keyword(s):  
Strict Liability ◽  
Secondary Data ◽  
Mining Area ◽  
Environmental Damage ◽  
The Public ◽  
Criminal Sanctions ◽  
Illegal Mining ◽  
The Future ◽  
Rock Mining ◽  
The Village

Illegal mining of karst rocks in Gunungkidul Regency is increasingly rampant, resulting in environmental damage and casualties. The proposed problem is how can the principle of strict liability be applied to illegal karst mining actors? What is the concept that should be done in the future to abolish illegal karst rock mining to prevent further environmental damage? The research was a socio-legal study with primary and secondary data. The research was conducted in Gunungkidul, Indonesia by taking samples in the village of Ponjong. The results of the study showed that the perpetrators of illegal karst rock mining so far have never been imposed to the principle of strict liability. Ironically, there have been no objections from the public so far against mining companies. The community around the mining area is employed by the company, while the needs of the community are met. Hence, no protest occurred even though the mining caused environmental damage. The concept that should be carried out in the future to prevent further illegal mining is the improvement of law enforcement. Although action has been taken against illegal miners with revocation of permits, a reformulation of regulations by imposing criminal sanctions on perpetrators is necessary to become a deterrent.

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