Environmental Crime and Law Enforcement in Indonesia: Some Reflections on Counterproductive Approaches

2021 ◽  
pp. 1-8
Author(s):  
Hamidah Abdurrachman ◽  
Achmad Irwan Hamzani ◽  
Joko Mariyono
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Environmental Law ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Qualitative Approach ◽  
Environmental Destruction ◽  
Initial Stage ◽  
Crime Investigation ◽  
The Ideal

The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.

scholarly journals PENEGAKAN HUKUM OLEH KEPOLISIAN MELALUI PENDEKATAN RESTORATIVE JUSTICE DALAM SISTEM HUKUM NASIONAL

2013 ◽  
Vol 2 (2) ◽  
pp. 247
Author(s):  
Yunan Hilmy
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal System ◽  
Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Legal Issues ◽  
National Legal System ◽  
The Law ◽  
Law And Justice

Sistem peradilan pidana harus selalu mempromosikan kepentingan hukum dan keadilan. Tetapi terdapat pandangan salah bahwa ukuran keberhasilan penegakan hukum hanya ditandai dengan keberhasilan mengajukan tersangka ke pengadilan dan kemudian dijatuhi hukuman. Seharusnya ukuran keberhasilan penegakan hukum oleh aparat penegak hukum ditandai dengan tercapainya nilai-nilai keadilan di dalam masyarakat. Kepolisian sebagai alat negara yang berperan dalam menegakkan hukum diharapkan dapat merespon hal ini dengan menggunakan mekanisme restorative justice . Tulisan ini akan membahas mengapa mekanisme restorative justice bisa dijadikan alternatif penegakan hukum oleh polisi; bagaimana prospek penerapan mekanisme restorative justice yang dilakukan oleh Polisi; serta bagaimana mekanisme restorative justice yang dilakukan oleh polisi dalam sistem hukum nasional. Dengan menggunakan metode yuridis normatif dapat disimpulkan bahwa dengan menjadikan restorative justice sebagai pendekatan maka ada beberapa keuntungan yang bisa didapatkan. Pertama , masyarakat diberikan ruang untuk menangani sendiri permasalahan hukumnya yang dirasakan lebih adil. Kedua , beban negara dalam beberapa hal menjadi berkurang. Polisi dapat melaksanakan mekanisme restorative justice melalui diskresi yang dimilikinya karena hal merupakan kelengkapan dari sistem pengaturan oleh hukum itu sendiri. Pelaksanaan restorative justice oleh Polri dalam perspektif sistem hukum nasional dapat diterima apabila dilaksanakan berdasar falsafah negara Pancasila, menjamin keadilan serta perlindungan hukum terhadap HAM. Untuk menjamin adanya keseragaman dalam implementasinya, diperlukan suatu norma atau kaidah untuk memberikan legitimasi agar segala tindakan yang dilakukan dalam implementasi restorative justice tidak dianggap ilegal.<p>The Criminal Justice System should be promoting interest of law and justice. However, there is a mistake of view that measuring success on law enforcement simply characterized with success filed a suspect to court and sentenced. Supposed to be success measure of law enforcement by law enforcement officers marked by the achievement of value of justice in society. The police as a state of tool who role in enforcing the law are expected respond by using restorative justice mechanism. Therefore, this paper focus on why restorative justice mechanism could be an alternative on law enforcement by the police; and how the mechanisms of restorative justice by the police in the national legal system. By using normative juridical methode, it can be conclude that by making restorative justice as an approach of, there are several advantages which can be found. First, public givenits own space to handles with his legal issues which preceived fairly. Second, burden on th estate in some way be reduced. The police could be implementing restorative justice mechanism through discretionbecause it is the completeness of regulation by the law itself. Implementation of restorative justice by the police in perspective of national legal system is acceptable if carried out based on the state ohilosophy of Pancasila, ensures of justice and legal protection of human rights.To ensure uniformity in implementation, needs a norm or rule to gave legitimacy that all actions which taken in implementation of restorative justice ha snot considered illegal.</p>

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

scholarly journals LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Etik Purwaningsih
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
International School ◽  
Primary Data ◽  
Child Victims ◽  
Legal Obligations

Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PEMERKOSAAN DALAM PERADILAN PIDANA

2019 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Edy Suwito ◽  
Mulyadi Aribowo
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Field Research ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Literature Study ◽  
Materials Used ◽  
Sense Of Justice

This study aims to determine the extent to which legal protection and obstacles faced against the victims of rape in criminal justice in Blitar district court. The context of legal protection against victims of crime (criminal act of rape) is by preventive or repressive efforts conducted by both society and law enforcement officers such as providing protection from various threats that can endanger the life of the victim. The research used is juridical normative and juridical empirical research. Research location in Blitar District Court. The materials used in literature study are data collection through literature study, and field research involves interviewing informant. Based on the result of the research, the researcher got the answer that, the legal protection against the victims of criminal act of rape in criminal court in Blitar state court still caused many difficulties in settling either at the investigation stage until the victim was present in the court, because the psychic pressure in victims questioned. This of course affects the mental / psychological development of the victims and also affects the law enforcement process itself to bring about a sense of justice for victims and society.

scholarly journals THE ENVIRONMENTAL LAW ENFORCEMENT: IN THE FRAMEWORK OF POSITIVE LAW AND ISLAMIC LAW

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 179-195
Author(s):  
Andi Abu Dzar Nuzul ◽  
Hamzah Hamzah
Keyword(s):  
Law Enforcement ◽  
Environmental Sustainability ◽  
Islamic Law ◽  
Environmental Law ◽  
Human Life ◽  
Living Environment ◽  
Literature Study ◽  
Environmental Enforcement ◽  
Environmental Destruction ◽  
Positive Law

The environmental law enforcement is a form of re-actualization of the hopes and dreams of a good living environment. The portion and content of positive law in environmental law enforcement are sufficient in ensnaring perpetrators of environmental destruction. In Islamic law, environmental enforcement is something that must be guarded and preserved, this is stated in the Qur'an and hadith. This study is a literature study, which examines the legislation on environmental enforcement and text arguments relating to the environment. The approach in this study is a formal juridical approach to the scale of positive law and a normative approach to Islamic law. The findings in this study prove that the rules regarding environmental law enforcement in positive law are very adequate. In Law Number 32 of 2009, it has accommodated acts of environmental destruction that can be ensnared with administrative, civil and criminal offenses that lead to fines and imprisonment. Meanwhile, in Islamic law, law enforcement against environmental destruction in jinayah law is subject to ta'zir punishment or a sentence stipulated by the government. In the concept of benefit, environmental destruction needs to be enforced because it is against the benefit of human life and/or can threaten the survival of mankind. The implication of this finding is that environmental law enforcement has been regulated in environmental legislation and is very adequate, and this is in line with the concept of negligence in Islamic law, so that environmental violations need to be taken firmly in order to maintain environmental sustainability. Keywords: Law enforcement; Environment; Positive Law; Islamic law. 

scholarly journals PERLINDUNGAN HUKUM TERHADAP SAKSI

2020 ◽  
Vol 2 (1) ◽  
pp. 130
Author(s):  
Ahkam Jayadi
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
The People ◽  
Criminal Protection ◽  
Important Position

AbstractThe presence of a witness in giving testimony in the realm of crime has a very important position because he is one of the evidences that will prove whether or not someone has committed a crime. Thus the witness must obtain legal protection as appropriate. Most of the people still don’t understand and don’t want to be witnesses or testify against the occurrence of a criminal act because being a witness is very problematic because if one witnesses it can turn into a suspect. This is further exacerbated by the persistence of people's poor perception of law enforcement officers (police, prosecutors and judges) so that they are afraid to be witnesses and give testimony.Keywords: Criminal, Protection, Testimony. AbstrakKehadiran seorang saksi dalam memberikan kesaksian dalam ranah tindak pidana mempunyai kedudukan yang sangat penting oleh karena dialah salah satu alat bukti yang akan membuktikan benar tidaknya seseorang telah melakukan tindak pidana. Dengan demikian saksi harus mendapatkan perlindungan hukum sebagaimana mestinya. Sebagian besar masyarakat masih banyak yang tidak memahami dan tidak mau menjadi saksi atau bersaksi terhadap terjadinya sebuah tindak pidana karena menjadi saksi itu sangat problematik sebab bila salah bersaksi maka justru bisa berbalik menjadi tersangka. Hal tersebut semakin diperparah dengan masih adanya persepsi masyarakat yang buruk terhadap aparat penegak hukum (polisi, jaksa dan hakim) sehingga takut menjadi saksi dan memberikan kesaksian.Kata Kunci : Kesaksian, Perlindungan, Pidana.

scholarly journals The Authority of Internal Auditor to Prevent Corruption Committed by Civil Servants and Government Official

2020 ◽  
Vol 2 (2) ◽  
pp. 139-162
Author(s):  
Helmi Helmi ◽  
Iskandar Iskandar
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Internal Audit ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Civil Servants ◽  
Financial Loss ◽  
Government Officials ◽  
Internal Auditor ◽  
The Subject

Internal audit is significant to guarantee and ensure the enforcement of laws and regulations as well as to prevent power abuse by civil servants or government officials that may cause financial loss for the country. The purpose of this study is to provide an overview of the authority of internal audit, to describe how this authority is regulated, to depict the authority to prevent power abuse, and to illustrate the protection over and enforcement of administrative law on allegation of power abuse. This study is a normative juridical study analyzing primary and secondary legal material relevant to the subject under study. The result of the study reveals that the authority of internal audit has been set in various legal products. The operating procedures for legal protection over allegation of arbitrary behavior against civil servants or government officials are filing an objection or an appeal against the discovery of the internal audit. If the case is not a subject of investigation of law enforcement officers the accused may contest the finding to Administrative Court and request the judge to review the finding. If the accused is proven to be guilty of abusing power that causes financial loss for the state and, thus, be sentenced for the alleged conduct (inkracht), he or she shall be immediately dismissed from his/her position. The regulation posits that officer who ignores the verdict and continues to keep the  defendant on his/her position shall be penalized.

scholarly journals Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Integration ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
Legal Structure ◽  
The Law

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

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