scholarly journals The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning

2020 ◽  
Vol 07 (03) ◽  
pp. 314-333
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi ◽  
Bunga Permatasari
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Agricultural Land ◽  
Strict Liability ◽  
Deterrent Effect ◽  
Diplomatic Relations ◽  
Main Principle ◽  
Health Quality ◽  
Court Proceedings

The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.

scholarly journals Problem Penambangan Emas Tanpa Ijin Ditinjau Dari Aspek Pidana Lingkungan Hidup dan Etika

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 15
Author(s):  
Dedy Syaputra
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Real Life ◽  
Law Enforcement Officers ◽  
Environmental Damage ◽  
Ethical Perspective ◽  
Moral Concept ◽  
Law And Ethics ◽  
Step Over

There are several cases of environment in Jambi province including haze, forest fires, floods, PETI (gold mining without permits), and so forth. This is always the case of repetition from year to year as if it did not have a permanent solution. Alleged authors in this regard are some possibilities, namely: society does not understand or understand whether its actions (in the context of environmental destruction) that include violating criminal law or not? And on the basis of the community, so there is a notion that what they do is not contrary to the law. Based on the hypothesis above, the authors are interested in describing what exactly this Problembox is from the perspective of criminal law and ethics. So hopefully able to educate the community that the deed can be said to violate/not violate criminal law. Then, the author tries to offer a preventive solution from an ethical perspective; That is what the moral philosophy can offer so that the environmental cases in the context of the criminal law can be addressed to the fullest extent possible. This paper uses a qualitative approach with its data analysis techniques using analytical content techniques. With this approach, the following conclusions are obtained: (1) The criminal threat as stated in the articles is imprisonment and fines. In addition there is additional criminal or order action against the business entity Article 119 Act Number 32 year 2009 on environmental protection and management. Regarding some factors that are hindering in law enforcement, namely legal means, law enforcement officers, facilities and means, licensing, AMDAL system, Public law awareness of the environment. (2) In the view of Al-Ghazali man has a very heavy function, duty and responsibility as the maintainer of all the SDA (natural resources) that exist on this earth. When people understand the function in this world is to maintain the environment, then automatically, this moral concept will be a preventative step over the real-life CHEST activities that have caused human environmental damage.

Varieties of Strict Liability

1995 ◽  
Vol 8 (2) ◽  
pp. 189-225 ◽  
Author(s):  
Douglas N. Husak
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Strict Liability ◽  
Tort Law ◽  
Highly Qualified ◽  
General Climate ◽  
Made In

Little about strict liability has evoked much agreement among commentators except for their opposition to it. Most but not all philosophers of law regard strict liability in the criminal law as unjust. To be sure, the opposition of commentators is highly qualified. Legal philosophers are more tolerant of strict liability in tort law than in criminal law, less vehement when punishments are relatively lenient, and sometimes prepared to allow the exigencies of law enforcement to override considerations of justice. These concessions, however, are made in a general climate of hostility to strict liability.

scholarly journals The Implementation Of Criminal Law To The Forester Of Land And Land Combustion In Blora Regency

2020 ◽  
Vol 3 (2) ◽  
pp. 275
Author(s):  
Solikun Ni'am ◽  
Akhmad Khisni ◽  
Lathifah Hanim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Public Awareness ◽  
Secondary Data ◽  
Analysis Method ◽  
The Public ◽  
Approach Method ◽  
Analytical Research ◽  
National Police

The problems discussed in this study are how is the enforcement of criminal law against the perpetrators of forest and land burning in Blora Regency, as well as the factors inhibiting the enforcement of criminal law against perpetrators of forest and land burning in Blora Regency and its solutions. The approach method used is normative juridical, descriptive analytical research specifications. The data used is secondary data. Data collection method is a field study. The data analysis method uses qualitative analysis. As a knife for analysis, law enforcement theory, justice theory and legal certainty theory are used. The results showed that criminal law enforcement against perpetrators of forest and land burning in Blora Regency was not running optimally. This is evidenced by the absence of investigative efforts carried out by PPNS and the National Police in the crime of burning forests and land, so that there has never been a case of forest fires that has been resolved through a criminal route. Law enforcement efforts are preferred through preventive measures. The inhibiting factors of criminal law enforcement against forest and land arsonists in Blora Regency are the factors of laws where there is disharmony of laws governing forest and land burning crimes, difficulties in finding perpetrators and witnesses, limited costs in investigating forest crime and land and lack of public awareness. The solution to overcome these obstacles is to make criminal law the last resort in enforcing forest and land burning laws, not continuing forest fire cases to the investigation stage, and conducting socialization to the public about preventing forest and land burning.Keywords: Criminal Law Enforcement; Forest And Land Burning.

scholarly journals Criminalizing Corporations In Environmental Crimes

Rechtsidee ◽  
2021 ◽  
Vol 7 ◽  
Author(s):  
Sanggup Leonard Agustian ◽  
Fajar Sugianto ◽  
Tomy Michael
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Civil Law ◽  
Administrative Law ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.

scholarly journals Prosecutorial Discretion in Tackling the Cryptocurrency Crime in Indonesia

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 68-87
Author(s):  
Priyam budi ◽  
Henry Dianto Pardamean Sinaga
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Strict Liability ◽  
Communication Technologies ◽  
Social Needs ◽  
Deterrent Effect ◽  
Virtual Currency ◽  
Asset Trading ◽  
Information And Communication ◽  
Secondary Liability

Data, reports, and information show that cryptocurrency has supported certain parties as a convenience, whereas the purpose of cryptocurrency is to minimize the weaknesses of conventional money systems in international relations in the current era of globalization. Countries that cannot represent or apply autonomous law in facing cryptocurrency challenges, because it is feared it is increasingly difficult to overcome global cryptocurrency crime. It is precisely in eradicating cryptocurrency crime, law enforcement authorities, priorities of prosecutors who have the highest supremacy in the field of prosecution and other discretion in law enforcement must be dynamic in law enforcement against facilitators from responses to social needs and aspirations, in accordance with legal considerations must acknowledge the wishes of the community and agree in achieving substantive justice. Considering that virtual currency has been banned in Indonesia but crypto-asset trading on the futures exchange has been in force, responsive discretionary prosecutions are needed in combating cryptocurrency crime in Indonesia. Liability that exceeds liability based on faults, namely strict liability, vicarious liability, and secondary liability to any parties that cause cryptocurrency crime can be applied to the mechanism of "follow the money" and "trace the information and communication technologies (ICTs) footprint". It is hoped that prosecution discretion by the prosecutor can reach to the monitoring of suspicious "nodes" and monitoring the registration of ICTs that are vulnerable to cryptocurrency crimes, such as laptops, cellphones, computers, and SIM cards, in providing a deterrent effect to the perpetrators of cryptocurrency crime.

scholarly journals STRICT LIABILITY: A SOLUTION TO HOLD PEATLAND DESTROYERS ACCOUNTABLE

2020 ◽  
Vol 21 (2) ◽  
pp. 147-155
Author(s):  
Bayu Novendra ◽  
Kania Jennifer Wiryadi
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Forest Fire ◽  
Teaching And Learning ◽  
Respiratory Health ◽  
Strict Liability ◽  
The United States ◽  
Deterrent Effect ◽  
The World Bank ◽  
The Government

In 2019, burned forests and peatlands reached 328 thousand hectares. The World Bank estimates that total loss from this event reached 5.2 billion USD. At least, until September 2019, there were 900,000 residents who experienced respiratory health problems and hundreds of schools in Indonesia, Malaysia and Singapore had to stop teaching and learning activities due to the haze. One of the factors that ‘fertilizes’ problems for destruction of forests and peatlands that continue to grow is difficulty to account the perpetrator. This paper will attempt to answer and solve these problems with the concept of strict liability. This research will answer two problems, how can the concept of strict liability solve the issues for peatland law enforcement? And how does the application of strict liability rules compare with Netherlands and United States? The government has pursued a moratorium policy. Starting from Presidential Instruction (Inpres) No. 10 year 2011 and extended by Inpres No. 6 year 2013 also Inpres No. 8 year 2015. However, this policy is considered unsatisfactory because there are still forestry and plantation permits issued by the government and massive forest and land burning. Therefore, there needs a solution from a repressive approach to provide a deterrent effect on forest fire perpetrators. Strict liability concept means that the defendant will still be responsible even though his activities were lawful and carried out carefully. Furthermore, strict liability is an accountability that not only eliminates elements of subjective error, but also objectively. Some countries have practiced strict liability, namely the Netherlands and the United States.   Keywords: Forest Fire, Law Enforcement, Moratorium, Peatland, Strict Liability

scholarly journals PRAKSIS HUKUM PIDANA DALAM PERLINDUNGAN KONSUMEN

2019 ◽  
Vol 4 (II) ◽  
pp. 142-165
Author(s):  
Danil Putra
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Criminal Law ◽  
Motor Vehicle ◽  
Deterrent Effect ◽  
Consumer Protection Act ◽  
Laws And Regulations

This paper discusses the issue of consumer protection in criminal law, where in the applicable laws and regulations, the inclusion of standard clauses in motor vehicle loan agreements through leasing institutions whose contents are detrimental to consumers has been explicitly prohibited, even in the Consumer Protection Act there is a criminal threat for business actors who violate these provisions. But in practice, motor vehicle financing agreements through leasing still include standard clauses that provide flexibility to act for creditors when there is a problem in installment payments. With law enforcement against violating business actors, it is expected to provide a deterrent effect for business actors.

scholarly journals Penegakan Hukum Pada Kasus Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Dani Hamzah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Criminal Liability ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Loss Of Life ◽  
The Law

ABSTACTEquality before the law is an important principle in modern law, which is one of the joints of Rule of Law doctrine in a developing country like Indonesia, so this principle is used as the basis for every human being in enforcing the law. Increased traffic activity triggers an increase in traffic-related issues, one of which is a traffic accident. The problem is that it is difficult to provide law enforcement that can lead to a deterrent effect resulting in traffic awareness. The purpose of this study is to review criminal law enforcement in terms of legislation and review accountability in cases of criminal acts of traffic accidents that result in the loss of life of people in the traffic accident crime in Semarang City. Types of normative juridical research. The nature of the research using descriptive qualitative. Techniques of collecting data using secondary data (verdict number 599 / Pid.Sus / 2017 / PN.Smg and number 625 / Pid.B / 2017 / PN.Smg.). The results indicate that criminal law enforcement of traffic accidents resulting in the loss of life of persons still has some weaknesses and for accountability the crime has fulfilled the element of criminal liability in general. Keywords: law enforcement, criminal acts, accidents, traffic�ABSTRAKEquality before the law merupakan salah satu asas penting dalam hukum modern, dimana ini menjadi salah satu sendi doktrin Rule of Law yang di negara berkembang seperti Indonesia, sehingga asas ini dijadikan landasan oleh setiap manusia dalam melakukan penegakan hukum. Makin meningkatnya aktivitas lalu lintas memicu peningkatan masalah yang berhubungan dengan lalu lintas, salah satunya dalah kecelakaan lalu lintas. Masalahnya adalah sulit dalam memberikan penegakan hukum yang dapat menimbulkan efek jera sehingga timbul kesadaran berlalu lintas. Tujuan dalam studi ini adalah untuk meninjau penegakan hukum pidana yang ditinjau dari perundang-undangan dan meninjau pertanggungjawaban pada kasus tindak pidana kecelakaan lalu lintas yang menyebabkan hilangnya nyawa orang pada tindak pidana kecelakaan lalu lintas di Kota Semarang. Jenis penelitian yuridis normatif. Sifat penelitian menggunakan deskriptif kualitatif. Teknik pengumpulan data menggunakan data sekunder (putusan nomor 599/Pid.Sus/2017/PN.Smg dan nomor 625/Pid.B/2017/PN.Smg.). Hasil menujukkkan bahwa penegakan hukum pidana kecelakaan lalu lintas yang mengakibatkan hilangnya nyawa orang masih memeiliki beberapa kelemahan dan untuk pertanggungjawaban pidanya telah memnuhi unsur pertanggungjawaban pidana secara umum.Kata kunci: penegakan hukum, tindak pidana, kecelakaan, lalu lintas

scholarly journals Analisis Yuridis Terhadap Perbuatan Mark-up Oleh Panitia Pengadaan Barang Dan Jasa Dalam Proyek Pemerintah

2020 ◽  
Vol 3 (1) ◽  
pp. 91-96
Author(s):  
Rika Susilawaty ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Criminal Law ◽  
Criminal Liability ◽  
Descriptive Study ◽  
Study Data ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
Literature Study ◽  
Literature Searches

The influence of the development of the strategic environment as well as the influence of the actors' motivational aspects, policy aspects or aspects of law enforcement, has influenced the increase in smuggling, both smuggling imports and export smuggling, increasing cases of smuggling, particularly smuggling of imports, has caused various impacts, especially the decline in the competitiveness of domestic production in the market which will ultimately also affect the improvement of the national economy. The research conducted is a descriptive study with a normative legal approach (normative juridical) conducted by means of literature study. Data collection tools used in this study are data in the form of document studies and literature searches. which become the knife of analysis in this study are theories of legal certainty, theories of criminal liability, and theories of criminal law policy. Sanctions given by the Panel of Judges against the defendant do not describe justice and order in the community, because the sentence tends to be mild and does not give a deterrent effect on the perpetrators of corruption. Efforts to deal with crime with criminal law (a means of punishment) and more emphasis on the nature of "Represive" (repression / eradication / suppression) after a crime or crime occurred.

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