scholarly journals Penegakan Hukum Lingkungan yang Seimbang (Studi Kasus Pembakaran Hutan)

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 115-125
Author(s):  
Aminah AMINAH
Keyword(s):  
Law Enforcement ◽  
Forest Fires ◽  
Economic Impacts ◽  
Human Life ◽  
Secondary Data ◽  
Ecological Impacts ◽  
Environmental Damage ◽  
Approach Method ◽  
The Government ◽  
The Concept Of Law

The environment has various functions and is very important for human life, so the Government makes legislation and enforces its law to maintain the function of the environment. Although law enforcement has been carried out, many environmental cases cannot be resolved so that pollution and environmental damage often occur in Indonesia. This research wants to know whether law enforcement in Indonesia has not yet realized the balance and how the concept of law enforcement is balanced. The approach method used by Juridical normative with analytical descriptive specifications, uses primary and secondary data and analysis using explanation building analysis. From the results of the study, it was found that Law Enforcement in Indonesia has not yet realized a balance, especially in law enforcement in cases of forest fires that have proven that forest fires repeatedly occur and have a good impact in the form of ecological impacts, economic impacts and sociological impacts, this is caused by various constraints of law enforcement Administration, civil or criminal.

scholarly journals PENETAPAN PENGADILAN SEBAGAI BENTUK UPAYA HUKUM PADA PROSES EKSEKUSI

2018 ◽  
Vol 11 (3) ◽  
pp. 367
Author(s):  
Rio Christiawan
Keyword(s):  
Law Enforcement ◽  
Forest Fires ◽  
Deductive Reasoning ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
Court Decision ◽  
District Court ◽  
Environmental Damage ◽  
The Government ◽  
Banda Aceh

ABSTRAKPengadilan Negeri Meulaboh melalui Putusan Nomor 12/Pdt.G/2012/PN.Mbo jo. Putusan Pengadilan Negeri Banda Aceh Nomor 50/Pdt/2014/PN.Bna jo. Putusan Mahkamah Agung Nomor 651 K/Pdt/2015, menghukum PT KA untuk membayar ganti rugi atas kerusakan lingkungan yang ditimbulkan sebagai akibat dari kebakaran hutan. Putusan Peninjauan Kembali Nomor 1 PK/Pdt/2017 yang dimohonkan PT KA juga menolak permohonan peninjauan kembali PT KA. Ketika Kementerian Lingkungan Hidup dan Kehutanan mengajukan perintah eksekusi, justru Pengadilan Negeri Meulaboh menerbitkan Penetapan Nomor 1/Pen/Pdt/Eks/2017/PN.Mbo yang menunda eksekusi dan memberikan perlindungan hukum kepada PT KA, dengan alasan PT KA sedang mengajukan gugatan baru kepada pemerintah. Permasalahan dalam penelitian ini apakah Penetapan Nomor 1 Pen/Pdt/Eks/2017/PN.Mbo dapat menunda putusan pengadilan yang telah berkekuatan hukum tetap. Metode dalam penelitian ini adalah yuridis normatif dengan pengambilan data secara kepustakaan dengan cara berpikir deduktif dalam melakukan verifikasi data. Bagian pembahasan penelitian ini akan diuraikan bahwa penetapan dalam kasus PT KA ini akan menimbulkan ketidakpastian hukum dalam peradilan dan dikhawatirkan akan menjadi preseden baru yang kontraproduktif dalam penegakan hukum dan dapat disimpulkan bahwa penetapan tersebut melanggar prinsip hukum acara.Kata kunci: penetapan, eksekusi, preseden baru. ABSTRACTMeulaboh District Court through its Decision Number 12/Pdt.G/2012/PN.Mbo in conjunction with Decision of the Banda Aceh District Court Number 50/Pdt/2014/PN.Bna in conjunction with Supreme Court Decision Number 651 K/Pdt/2015, sentenced PT KA to pay compensation for environmental damage due to forest fires. PT KA filed an extraordinary request for review which was then rejected through Court Decision Number 1 PK/Pdt/2017. By the time the Ministry of Environment and Forestry filed a writ of execution, the District Court of Meulaboh issued the Injuction Number 1/Pen/Pdt/Eks/2017/PN.Mbo which ordered postponement of the execution and granted a legal protection to PT KA with the legal basis that PT KA was filing a new claim against the government. The main problem is whether the Injunction of Court Number 1/Pen/Pdt/Eks/2017/PN.Mbo can delay a court decision that has a permanent legal force. This research is conducted through normative juridical method based on literature sources by means of deductive reasoning in data verifying. The discussion in this research shows and explains that the injunction in the case of PT KA will cause legal uncertainty in judicial proceeding and is feared to create a new precedent that is counterproductive in law enforcement. The research concludes that the injunction has violated the main principle of procedural law.Keywords: injunction, execution, new precedent.

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 Sengketa Pendaftaran Hak Milik Atas Tanah

2020 ◽  
Vol 5 (2) ◽  
pp. 138-155
Author(s):  
Dewi Arnita Sari
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Land Rights ◽  
Active Role ◽  
Land Registration ◽  
Factors Affecting ◽  
Descriptive Research ◽  
Approach Method ◽  
The Government ◽  
Ownership Of Land

This journal aims to find about Ownership disputes land rights Related to land registration in Makassar city. The purpose of this study is : 1. to analyze the factors affecting the dispute over ownership of land that has been registered in Makassar. 2. to analyze how far the solutions are provided by the government in resolving ownership of land that has been registered.This research is descriptive research with empirical juridical approach method. Research method used is method by using primary and secondary data with data collecting technique that are interview and questionnaire. The population of this study are the employee office of the state land agency Makassar and public figure. Sample in this research is 30 respondents by using technique purposive sampling.The results of this study shownthat : (1). the factors affecting the dispute over ownership of land are Legal factors, law enforcement factors, facilities and infrastructure factors. (2). There are two solutions are provided by the government in resolving ownership of land, that was The national land agency facilitates to do mediation and Solutions through the judiciary, negotiations, and others Depending on the perpetrators leading in the direction of a good solution to them. Recommendation of this research is Government is expectedPlay an active role So that people did not have problems in dispute signs in the future, that is Increased administration to be more thorough in making land certificates In order to minimize the dispute. Developing the training in order to increase human resource of law enforcer, socialization to public can be held in great quantities and all of reinforced facility supplying so that all of factor whom can influence presence of proprietary right dispute for estate can be minimalized.Keyword : Ownership disputes land rights, land registration

scholarly journals Implementasi Tugas Dan Kewenangan Notaris Dalam Membuat Akta Yang Berkaitan Dengan Pertanahan (Studi di Wilayah KerjaNotarisKabupaten Kendal)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 295
Author(s):  
Romanda Arif Kurnia ◽  
Umar Ma’ruf
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Education And Training ◽  
Land Acquisition ◽  
Literature Study ◽  
Approach Method ◽  
Notary Public ◽  
The Government ◽  
And Training ◽  
The Ideal

ABSTRAKTugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan perlu dipahami secara berbeda agar tidak menimbulkan kerancuan. Pertanyaan yang timbul dari problem ini adalah: Bagaimana implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan?Apa kelemahan-kelemahan dalam implementasi tugas dan wewenang Notaris dalam pembuatan Akta yang berkaitan dengan pertanahan ? Bagaimana solusi implementasi tugas dan wewenang Notaris dalam pembuatan Akta yang berakitan dengan pertanahan ?Metode pendekatan menggunakan sosio legal research.Data yang digunakan adalah data primer dan sekunder. Metode pengumpulan data menggunakan wawancara dan studi pustaka. Metode analisis data menggunakan analisis kualitatif.Permasalahan di analisis dengan teori kepastian hukum dan teori kewenangan: Pertama,Implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahandipahami secara berbeda, karena; (1) Mengacu Pasal 15 ayat (2) huruf (f) UUJN 2014, maka Notaris secara otomatis adalah pejabat yang berwenang membuat akta tanah. Namun kenyataan di lapangan, Notaris tidak secara otomatis dapat menjadi Pejabat Pembuat Akta Tanah (PPAT) (2) Pada praktik di lapangan, Notaris dapat diangkat menjadi PPAT setelah mengikuti pendidikan dan pelatihan serta dinyatakan lulus yang diselenggarakan oleh BPN.Akan tetapi bahwa dalam hal Notaris membuat akta – akta yang berkaitan dengan pertanahan yang bukan merupakan kewajiban PPAT.Kedua, Kelemahan implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan adalah: (a) Konsep ideal implementasi tugas dan kewenangan Notaris menurut UUJN 2014 yaitu seorang Notaris sekaligus PPAT; (2) Praktik implementasi tugas dan kewenagan Notaris di lapangan berbeda dengan UUJN 2014, karena Notaris diangkat menjadi PPAT setelah harus mengikuti pendidikan dan pelatihan serta dinyatakan lulus yang diselenggarakan oleh BPN. Ketiga solusi terkait dengan perbedaan implementasi tugas dan kewenangan Notaris antara yang ideal seperti UUJN 2014 dengan praktik di lapangan, yaitu: (a)Pemerintah melakukan revisi UUJN 2014 atau membuat Peraturan Pengganti Undang Undang.Kata Kunci : Notaris, Akta Pertanahan.ABSTRACTThe duties and authorities of Notary in making deed related to land shall be understood differently so as not to cause confusion. Questions arising from this problem are: How is the implementation of the task and authority of Notary in making deed related to land? What are the weaknesses in the implementation of the duties and authorities of Notary in making the deed related to land? How is the implementation solution of duties and authority of Notary in the making of Deed that is in assembly with land?The approach method uses socio legal. The data used are primary and secondary data. Methods of data collection using interviews and literature study. Methods of data analysis using qualitative analysis.Problems in the analysis with the theory of legal certainty and theories of authority: First, the implementation of duties and authorities of Notaries in making deed related to land is understood differently, because; (1) Referring to Article 15 paragraph (2) letter (f) of UUJN 2014, the Notary is automatically authorized to make the land deed. However, the facts in the field, Notary can not automatically become Land Acquisition Official (PPAT). (2) In practice in the field, Notary can be appointed to PPAT after attending the education and training and graduated from BPN. However, in the case that a Notary public makes deed - deed related to land which is not an obligation of PPAT. Second, the weakness of the implementation of duty and authority of Notary in making deed related to land are: (a) Ideal concept of implementation of duty and authority of Notary pursuant to UUJN 2014 that is a Notary as well as PPAT; (2) Practice of duties implementation and authority of Notary in the field is different from UUJN 2014, since Notary is appointed to PPAT after having to attend education and training and passed the event held by BPN; and Third solutions related to differences in the implementation of duties and authorities of Notary between the ideal such as UUJN 2014 with practice in the field, namely: (a) The Government revised the UUJN 2014 or made a Law Enforcement Rules.Keywords: Notary, Land deed.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

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 PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals Forest Fires in Greece and Their Economic Impacts on Agriculture

2020 ◽  
Author(s):  
Dimitra Stougiannidou ◽  
Eleni Zafeiriou ◽  
Yannis Raftoyannis
Keyword(s):  
Literature Review ◽  
Forest Fires ◽  
Rural Economy ◽  
Economic Impacts ◽  
Secondary Data ◽  
Indirect Costs ◽  
Ex Post ◽  
Time Space ◽  
The Cost ◽  
Agricultural Areas

Forest fires have increased in the last decades, due to many factors such as climate change, land use change and management. In Greece, wildfires burn cultivated lands and affect significantly the rural economy and society. However, the economic impacts of forest fires on agricultural areas has not been estimated, and this is our aim. After an extended literature review and consultation with the stakeholders, we decided to build a model with many variables. The total cost of fire depends on the cost of prevention and suppression measures, and also direct and indirect costs. Direct costs, as adjusted for the immediate effects of fire, are divided into two categories: direct damages instantaneous and direct losses induced. Direct damages are estimated by a function that calculates the instantaneous damage in permanent crops, seasonal crops, livestock, infrastructure, construction and machinery. Direct losses are estimated by a function that calculates fire-induced costs in permanent crops, seasonal crops, livestock, additional borrowing costs and services costs. For the composition of the time-space model, we will use secondary data, as well as data originated from fieldwork. The literature review showed that the ex post analysis involving detailed consultation with a representative sample of affected farms, provides a more consistent appraisal.

scholarly journals Accountability of Palm Oil Industrial Business Players on the Pollution of the Environment Reviewed from the Aspects of Environmental Crimes

2017 ◽  
Vol 3 (2) ◽  
pp. 181
Author(s):  
Trionoeddy SH. M.Hum
Keyword(s):  
Industrial Waste ◽  
Raw Materials ◽  
Secondary Data ◽  
Added Value ◽  
Environmental Damage ◽  
Domestic Waste ◽  
Production Scale ◽  
Library Research ◽  
The Government ◽  
The Impact

The problem of the environment is a serious issue that must be addressed by the government and the community as a supervision and reporter of each of the activities of the destroyer of the environment. The pollution and environmental damage continue to increase in line with the increased industrial activity or similar substances; surely the situation needs to get the protection of the law.  The pollution or environmental damage, mostly in the context of running a commercial business and often is also the attitude of rulers and the entrepreneurs who do not run or neglecting the obligations of their obligations in the management of the environment. This research is a descriptive quantitative i.e. with provides an overview of the company that takes the environment around the enterprise. Data collection method in this investigation using bibliographical study (Library Research). The types of data used a secondary data that consists of primary legal materials and secondary legal materials. The waste is the remaining exiles who produced from real production activities in the production scale of domestic or household and production on a larger scale. Industrial waste is a remnant of the captives process of production in certain industries. Industrial waste requires the handling and managing seriously in considering the impact will greater emanate than with domestic waste. The industry is a business or management activities of raw materials or half-goods to be the end goods that have added value to get the benefits. The assembly of the business and repairing is a part of the industry also. The results of this industry do not only in the form of goods but also in the form of services.

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