scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2019 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP

2018 ◽  
Vol 3 (1) ◽  
pp. 15-22
Author(s):  
Imam Budi Santoso ◽  
Taun Taun
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Water Quality Standards ◽  
Environmental Laws ◽  
Administrative Sanction ◽  
Principle Of Legality

The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

scholarly journals IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Political Elites ◽  
Political Choice ◽  
Environmental Laws ◽  
Set Up

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

scholarly journals Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Arifin Maruf
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Welfare Benefits ◽  
Environmental Balance ◽  
Good Environment

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.

scholarly journals JURIDIC REVIEW ON INTEGRATED LAW ENFORCEMENT IN ENVIRONMENTAL CRIME

2021 ◽  
Vol 9 (06) ◽  
pp. 778-782
Author(s):  
Agung Susanto ◽  
◽  
Agus Surono ◽  
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Secondary Data ◽  
Environmental Issues ◽  
Constitutional Court ◽  
Environmental Laws ◽  
Effective Implementation ◽  
Law Enforcement Officials ◽  
Environmental Crimes

The potential for environmental problems that can have a major impact on the preservation of nature and human health raises awareness of the need to regulate environmental issues with legal instruments. The mechanism for enforcing environmental crimes in Indonesia is contained in Law Number 32 of 2009 concerning Environmental Protection and Management and the Decision of the Constitutional Court Number 18/PUU-XII/2014 dated January 21, 2015, which is carried out in an integrated manner. Nevertheless, there are problems in implementation, namely due to the unclear model of the application in terms of coordination between lemabaga, resulting in law enforcement in an integrated manner less efficient and effective implementation of this research is library researchusing methods Juridical Empirical and manifold qualitative by examining various kinds of primary and secondary data and will describe how the implementation of integrated law enforcement in environmental crimes based on Law Number 32 of 2009 concerning Environmental Protection and Management and Constitutional Court Decision Number 18/PUU-XII/2014 Date January 21, 2015. Support for environmental criminal law enforcement contained in UUPPLH is the existence of environmental Civil Servant Investigators (PPNS) (Article 94) who have the authority to conduct investigations in cases of environmental pollution and or destruction. Therefore, to inhibit the rate of pollution and environmental destruction, in particular, it is necessary to enforce environmental laws in an integrated manner. Enforcement of environmental law is closely related to the ability of the apparatus and the compliance of citizens with laws and regulations. Seeing the courts decision in this study, it is suspected that environmental law enforcement officials have not made much progress and do not understand the environmental law enforcement system, which should be carried out in an integrated manner.

scholarly journals Environmental law and reconciliation with a representative of power under criminal law of Russia

2021 ◽  
Vol 244 ◽  
pp. 12021
Author(s):  
Sergey Zakharchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Statistical Information ◽  
Legal Analysis ◽  
Criminal Legislation ◽  
First Time ◽  
Order Of Administration

Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.

scholarly journals Deconstruction of the ultimum remedium basic concept on protection and management tropical biodiversity

2021 ◽  
Vol 912 (1) ◽  
pp. 012045
Author(s):  
D K Dewi ◽  
A Syahrin ◽  
Suhaidi ◽  
M Ekaputra ◽  
T A D Putra
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Deterrent Effect ◽  
Water Quality Standards ◽  
Legal Research ◽  
Tropical Biodiversity ◽  
Biological Potential ◽  
Administrative Sanctions

Abstract The biological potential in Indonesia is no longer managed and protected. So far Indonesia has had biologically related laws and regulations, but its implementation is still weak and less effective. Therefore, Law No. 32 of 2009 on Environmental Protection and Management or called UUPPLH mentioned the management and protection of biodiversity based UUPPLH namely two principles in law of criminal provision, the principle of remedium ultimum which is an effort, and the principle of premium remedium that takes care of the law. So far many mistakes in interpreting the application of the principle of remedium ultimum which is said to make it difficult for law enforcement to enforce environmental criminal laws and can shackle law enforcements in carrying out task of environmental law enforcement. In addition, it is also said that the principle of remedium ultimum can also harm the environment due to violations of waste water quality standards, emissions, and disturbances that take precedence is the administration of administrative sanctions, meaning that there is no deterrent effect on perpetrators. Therefore, it is necessary to deconstruct the principle of remedium ultimum in the proper enforcement of environmental criminal law including structuring and enforcement (compliance) which can also be a view of criminal law that can be used as an instrument in the framework of protection and management of tropical biodiversity, especially the environment and can bring consequences for the intertwining of criminal law with administrative law. The results of the research are based on UUPPLH that can protect biodiversity by Indonesia and reconstruct the principle of ultimum remedium in environmental law. Research methods using normative legal research on philosophical.

scholarly journals THE IMPLEMENTATION OF DISCRETION ON CRIMINAL SETTLEMENT IN THE THEFT CASES

2017 ◽  
Vol 2 (1) ◽  
pp. 90-101
Author(s):  
Muhammad Ikbal
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Cases ◽  
Principle Of Legality

On criminal law enforcement in Indonesia based on the principle of legality, especially in the case of theft criminal acts is necessary understanding of the purpose of punishment.Theft is a crime that has been formulated in the Indonesian Criminal Code, under Article 362. But punishment is not always done although the formulation of the offense is met because it sees in terms of subjective considerations of law enforcement. This research is normative research, so all data obtained in this research using secondary data.The results of this research are on the application of discretionary in settlement of criminal cases in the case of theft guided by the purpose of punishment and theories in the implementation of criminal law enforcement.So it is more to settling disputes out of court by usingrestorative justiceapproach

scholarly journals Tindak Pidana Penggelapan Dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 24-32
Author(s):  
Edianto Sihaloho ◽  
Ridho Mubarak ◽  
Riswan Munthe
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Problems ◽  
Criminal Code ◽  
Criminal Sanction ◽  
The Hill ◽  
Enforcement Policies

The use of criminal law efforts as an effort to overcome social problems, including in the field of law enforcement policies to achieve the welfare of society in general. These developments have greatly influenced various parties / persons to carry out various ways in fulfilling their wishes, one of which is the embezzlement of the position stipulated in Article 374 of the Criminal Code. This study aims to determine the forms of embezzlement in the criminal law. The method used in this research is normative juridical and conducting direct interviews with the Judges involved in the decision based on the decision number: 1170 / Pid.B / 2016 / PN. MDN. The result of the research is that this form of embezzlement takes place in a position, that is, misusing an existing position Factors that cause embezzlement based on data obtained in general is the decline in employee mentality is one of the factors that cause embezzlement. The application of the criminal sanction of embezzlement in a position must first be seen from its elements. Where the penalty that can be imposed is contained in Article 374 of the Criminal Code.

scholarly journals ADMINISTRATIVE SANCTION IN ENVIRONMENTAL LAW

2018 ◽  
Vol 6 (6) ◽  
pp. 22-37
Author(s):  
H. Bachrul Amiq
Keyword(s):  
Law Enforcement ◽  
Environmental Pollution ◽  
Environmental Law ◽  
Administrative Law ◽  
Environmental Laws ◽  
Legal Norms ◽  
The Public ◽  
Administrative Sanction ◽  
Administrative Sanctions ◽  
Better Than

Enforcement of administrative sanctions is part of the enforcement of administrative environmental laws. Law enforcement of the administrative environment itself can be done in a preventive and repressive manner. Administrative law enforcement that is preventive is done through supervision, while repressive law enforcement is done through the application of administrative sanctions. Supervision and application of administrative sanctions aims to achieve the adherence of the public to the legal norms of the administrative environment. Good supervision as part of preventive environmental law enforcement will prevent the violation of administrative law norms. Thus, environmental pollution resulting from such breaches can be avoided. This is better than the enforcement of repressive administrative sanctions after the offense. However, it does not mean that the review of enforcement of administrative sanctions is unimportant.

scholarly journals Law Enforcement on Carok Actor’s Criminal Act

2021 ◽  
Vol 8 (12) ◽  
pp. 346
Author(s):  
Heru Suyanto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Descriptive Analysis ◽  
Self Esteem ◽  
Criminal Code ◽  
Research Approach ◽  
Court Decisions ◽  
Criminal Sanction ◽  
Enforcement Effort ◽  
Approach Method

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

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