The Environment and Forestry Investigators’ Authority in Money Laundering Offenses

Investigators from the Ministry of Environment and Forestry (Kementerian Lingkungan Hidup dan Kehutanan/ KLHK) are not authorized to investigate the crime of money laundering in the elucidation of Article 74 of Law No. 8 of 2010, although they are authorized to investigate the crime of origin. However, the controversy over the interpretation of Article 74 of the Money Laundering Law was resolved by the Decision of the Constitutional Court Number 15/PUU-XIX/2021, which expands the meaning of 'predicate criminal investigator' in the provisions of Article 74 of the Money Laundering Law to become 'an official or agency authorized by legislation to carry out an investigation.' This paper attempts to describe the dynamics of the authority of KLHK investigators in investigating money laundering offences before and after the pronouncement of the Constitutional Court Decision Number 15/PUU-XIX/2021, including the matter of legal harmonization in the Money Laundering Law relating to the authority to investigate money laundering. This research is normative research with a conceptual approach, a statute approach, and a historical approach. Through this paper, this research can convey that before the Constitutional Court's Decision Number 15/PUU-XIX/2021, KLHK investigators were not authorized to investigate the crime of money laundering, and several legal disharmonies arose regarding the regulation of the authority to investigate money laundering. Meanwhile, after the Decision of the Constitutional Court Number 15/PUU-XIX/2021, all investigators authorized to investigate predicate crimes of money laundering offences, among other things, investigators of the Ministry of Environment and Forestry, are ex officio authorized to investigate money laundering offences. Furthermore, KLHK investigators are authorized to investigate money laundering offences against environmental and forestry crimes whose tempus delicti is before the pronouncement of the Constitutional Court Decision Number 15/PUU-XIX/2021.

The Urgency of Harmonization of Regulations Regarding Groundwater Utilization in Industrial Activities in Batang Regency

This study will analyze the negative impacts of natural resource management in the form of environmental damage and pollution, agrarian conflicts, impoverishment, and neglect of community rights. This is a serious problem that must be resolved. These problems are related to the ineffectiveness of implementing a Regional Regulation (Perda) in the community and the disharmony at the stage of forming a Regional Regulation. This research is a normative juridical law research. Based on the results of the research, it is known that the Law has determined that "every Draft Regional Regulation (Raperda) before being stipulated as a Regional Regulation must first be harmonized at the stage of drafting the Raperda". However, at the practical level, there is often a neglect of the harmonization of the Raperda on executive initiatives, this does not only lead to certain legal consequences (procedural defects) but also raises assumptions related to the existence of overlapping powers. As also happened, there is material in the Batang Regency Regional Regulation number 13 of 2019 concerning the Batang Regency Spatial Plan for 2019-2039, especially in article 128 letter i of the Batang Regency Regional Regulation Number 13 of 2019 regarding the 2019 Batang Regency Spatial Plan. -2039 states that "it is forbidden to use groundwater for industrial activities and industrial support activities and direct industrial activities to utilize surface water, contrary to Central Java Provincial Regulation Number 3 of 2018 so that legal harmonization is necessary.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research: This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.

The Dynamics Of Illegitimate Child Status In Sharia And National Law Of Indonesia: Is There A Harmonization?

Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 adalah upaya reformasi hukum. karena menilai anak di luar nikah memiliki status yang sama dengan anak lainnya. meski terdapat ketidakharmonisan antara keputusan dan pengaturan bagi anak yang lahir di luar nikah akibat zina dalam hukum Islam. Artikel ini mengungkap peran Majelis Ulama Indonesia (MUI) terhadap proses harmonisasi hukum. Putusan ini menerapkan konsep Sadd al-Dzari'ah untuk menutupi kemungkinan zina sekecil apa pun sekaligus melindungi hak-hak anak. (The decision of the Constitutional Court Number 46/PUU-VIII/2010 is an effort to reform the law because they judge that children out of wedlock have the same status as other children. However, disharmony exists between decisions and arrangements for children born out of wedlock due to adultery in Islamic law. This article reveals the Indonesian Ulama Council (MUI) legal harmonization process. However, this decision applies the concept of Sadd al-Dzari'ah to cover the slightest possibility of adultery while protecting children's rights.)

KAJIAN YURIDIS KEDUDUKAN HUKUM TANAH PECATU DESA LENEK KABUPATEN LOMBOK TIMUR

Tujuan penelitian dalam studi ini menemukan pemahaman yang konstruktif normatif atas permasalahan atau isu hukum hak atas tanah pecatu. Penelaahan pemahaman berorientasi pada konstruksi dialektik idealisme positifisme dalam pendekatan fungsional imperatif, yang menyoroti perihal struktur dan aksi berkenaan dengan hak atas tanah pecatu. Diharapkan melalui penelitian ini dapat ditemukan pemahaman yang berguna bagi upaya perwujudan harmonisasi hukum pada masyarakat. Jenis penelitian ini adalah penelitian hukum normatif, bahwa Penelitian hukum normatif adalah penelitian yang mencakup penelitian terhadap asas-asas hukum, penelitian terhadap sistematika hukum, penelitian terhadap sinkronisasi hukum, penelitian sejarah hukum, dan penelitian perbandingan hukum. Berdasarkan kebutuhan dalam penelitian ini, maka penelitian ini menggunakan beberapa pendekatan, yaitu Perundang-undangan (statute approach) sebagai dasar dalam penelitian dalam mengacu dasar-dasar hukum pertimbangan hakim berdasarkan peraturan-perundang-undangan, Pendekatan Konsep (conceptual approach) sebagai acuan dalam menganilis status tanah pecatu berdasarkan kepustakaan, serta Pendekatan Kasus (case approach) dalam hal ini kasus tanah pecatu desa lenek Pecatu Desa Desa Lenek Kecamatan Aikmel, (sekarang Kecamatan Lenek), Kabupaten Lombok Timur. The research objective in this study is to find a constructive, normative understanding of the problem or legal issue of land rights in Pecatu. The study of understanding is oriented to the dialectical construction of positivist idealism in the imperative functional approach, which focuses on the structure and actions regarding the land rights in Pecatu. It is hoped that through this research, we can find an understanding that is useful for the realization of legal harmonization in society. This type of research is normative legal research, that normative legal research is research that includes research on legal principles, research on legal systematics, research on legal synchronization, legal history research, and comparative legal research. Based on the needs of this research, this study uses several approaches, namely statute approach as the basis for research in referring to the legal basics of judges' considerations based on statutory regulations, conceptual approach as a reference in analyzing Pecatu land status is based on literature, as well as the Case Approach, in this case the land of Pecatu, Lenek Pecatu Village, Lenek Village, Aikmel District, (now Lenek District), East Lombok Regency.

Some Aspects of the Humanitarian Challenges of the Safe Reintegration Processes of Temporarily Occupied Territories of Separate Districts of Donetsk and Luhansk Regions: the Role of the Media

The article raises the issue of a large number of socio-humanistic challenges that will inevitably accompany the safe reintegration of TOT ORDLO (Temporarily Occupied Territories of Separate Districts of Donetsk and Luhansk Regions). These include problems of the citizens identification, dual citizenship (Russian Federation continues to distribute Russian passports), legal harmonization, education acquiring (in particular, enrollment to Ukrainian institutes of higher education of those who graduated from ORDLO and do not speak Ukrainian), vaccination against COVID-19 who crosses the Entry-Exit Checkpoint.It has been established that the term ‘safe reintegration’, which appeared in political and politological discourse, interprets this safety as a two-way process, which implies that the residents of TOT ORDLO must hear us, and we must hear them. That is, Ukrainians who find themselves in the occupation must understand and see that Ukraine hears them, knows about their problems, knows how to solve these problems and feels their hopes. How to achieve this? It has been found that in order to make the necessary information accessible to such persons, it is necessary to: a) ensure the availability of Ukrainian TV-channels (or other information resources) on these territories; b) create, produce and present a relevant content that will send the necessary messages and form stable attitudes and beliefs.The analysis of the availability of Ukrainian TV-channels on the media landscape of ORDLO and monitoring of the activity of the newly created ‘Dim’/‘Dom’ (‘Home’) TV-channel was conducted. By means of the content analysis, the quantitative and qualitative composition of the abovementioned TV-channel was singled out and the topics of the broadcast that interested an audience the most (by number of views in November and December 2020) was determinated. Alongside this, a review of Ukrainian news channels covering the problems of the temporarily occupied territories residents was performed. The following patterns are characterized and determinated: the most visited news coverages concern the peaceful settlement on the temporarily occupied territories, the foreign policy on the Russia-USA vector, the domestic policy of the Russian Federation and the policy of Ukraine relatively Donbass. The outstanding interest of residents of the occupied territories is attracted by the rubrics, which shall cover the problems of the region, show the audience’s interest in social, humanitarian and environmental issues.