Jurnal Ilmu Hukum

Pengaturan Sanksi Pidana Undang-Undang Cipta Kerja D Alam Upaya Pemulihan Lingkungan Pasca Tambang

Muhammad Arya Ramadani — 2024-08-25

The aim of this research is to determine the criminal provisions relating to environmental permits according to the Job Creation Law (UUCK) and the Environmental Protection and Management Law (UUPPLH). Apart from that, know the form of simplifying business licensing procedures according to UUCK. And to find out the model of criminal provisions that are suitable for environmental restoration. The research method that will be used in this research is normative juridical, namely (Normative Legal Research Method), namely by applying this research through library materials or only secondary data. The research results show that damage, especially to the environment, which is carried out by perpetrators, especially in a mining business, cannot be avoided. Finally, the forest, which has been running well, and the demolition of this land has reached hundreds of hectares, causing it to no longer function as usual, causing drought and barrenness due to the loss of soil fertility due to demolition, which makes it one of the procedures that must be used in in the mining business. Therefore, the perpetrators of environmental pollution and/or destruction who have committed criminal acts, must be held responsible, because they have deliberately committed them, without any excuse as stated in the provisions of the formulation, namely criminal acts against the environment. As a result, the provisions on criminal sanctions are used as one of the last means (ultimum remidium) in an effort to enforce the obligation to carry out reclamation and post-mining activities.

Studi Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022 Terhadap Eksistensi Sistem Proporsional Terbuka Sebagai Identitas Demokrasi Di Indonesia

Paisal Abdi — 2024-09-14

This research was carried out in order to conduct an assessment of the Constitutional Court decision number 114/PUU-XX/2022 regarding the existence of an open proportional system as the identity of democracy in Indonesia. As is known, the decision rejected the review of several articles in the law relating to the open proportional system ( Law Number 7 of 2017 concerning General Elections) so the implication is that the open proportional system is still used as a mechanism for the general election system in Indonesia. As well as looking from another perspective regarding the advantages and disadvantages of the proportional system itself, the history of the application of open and closed proportional systems in Indonesia in the implementation of general elections, why the open proportional system was stated by constitutional judges as the ideal system to be implemented in Indonesia, and seeing how consistent the judges are constitution in deciding cases related to the open proportional system by comparing several constitutional court decisions related to the open proportional system. The author uses a doctrinal (normative juridical) approach. Research carries out analysis and research based on expert opinions and related theories in conducting discussions. Thus creating a correlation which thus sees the conclusion drawn by the constitutional judges that the open proportional system is the ideal system to be applied in general elections in Indonesia and that the existence of the open proportional system as a system in general elections in Indonesia is increasingly strengthened.

Analisis Pertimbangan Hakim Terhadap Hinaan Masyarakat Sebagai Alasan Meringankan Hukum Pidana Dalam Perspektif Keadilan (Studi Putusan Nomor 29/Pid.Sus-Tpk/2021/Pn.Jkt.Pst)

Lucky Hawanda Paonganan — 2024-09-19

This research aims to analyze the judge's consideration of public insults as a reason to reduce criminal sentences in cases of criminal acts of corruption based on Decision Number: 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst. The research method used is normative juridical research with a case study approach. Primary data was obtained through court decision documents, while secondary data was collected from relevant legal literature, journals and other legal sources. The results of the research show that in the judge's consideration, public insults are often used as one of the reasons for mitigating criminal sentences. This is based on the view that social pressure and negative stigma from society can have a significant psychological effect on the defendant, which in some cases can be considered a form of additional punishment beyond the sentence imposed by the court. In the decision studied, the judge considered that the defendant had experienced severe social pressure due to insults and ridicule from society, which was then used as a reason to reduce the criminal sentence imposed. This research also found that the use of public insults as a reason to reduce criminal sentences still raises pros and cons among legal practitioners and academics. Some parties argue that this reason should not be used because it can reduce the deterrent effect of criminal punishment. On the other hand, other parties argue that these considerations need to be taken into account to provide more humane justice for the defendant. The conclusion of this research is that the judge's consideration of public insults as a reason to reduce criminal sentences has a strong basis in an effort to achieve a balance between legal justice and social justice. However, there needs to be clearer and more consistent guidelines in the application of these reasons to ensure objective and equitable justice.

Problematika Sistem Proporsional Terbuka Pada Pemilihan Dewan Perwakilan Rakyat Republik Indonesia (Studi Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022)

Rosmini — 2024-09-19

The open proportional system used in the Election of the People's Representative Council of the Republic of Indonesia has been the subject of various controversies and debates. This study aims to analyze the problems arising from the implementation of this system, with a focus on the Constitutional Court Decision Number 114/PUU-XX/2022. This research uses a juridical-normative approach, reviewing statutory regulations, court decisions and relevant literature. The research results show that an open proportional system provides greater opportunities for voters to choose candidates directly, but also raises various problems, such as increasing campaign costs, increasingly sharp internal party competition, and the potential for money politics. Constitutional Court Decision Number 114/PUU-XX/2022 provides important legal views regarding the constitutional aspects of this system, but does not fully address the existing problems. This research concludes that although open proportional systems have advantages in increasing political representation and voter participation, further reforms are needed to overcome the problems that arise. The recommendations put forward include strengthening campaign regulations, increasing supervision of money politics, and improving internal party mechanisms to reduce friction. In this way, the electoral system can run more effectively and reflect people's aspirations more accurately.

Status, Hukum,Peraturan, ,Pemerintah, ,Pengganti, Undang-Undang,Nomor, 2 Tahun, 2022, Tentang Cipta,Kerja Dalam Ketatanegaraan,Indonesia

Agung Saputra — 2024-09-19

Government Regulation in Lieu of Law (PERPPU) Number 2 of 2022 concerning Job Creation is the Indonesian government's response to facing a pressing emergency situation. This research aims to analyze whether the Perppu meets the criteria regarding the need for urgency in accordance with the principles of Indonesian constitutional law. Apart from that, this research will also examine the legal status of the Perppu in the Indonesian constitutional system. By using a normative juridical approach, this research found that Perppu Number 2 of 2022 was issued to deal with various urgent economic and investment problems, as well as to create a more conducive business climate in the midst of the pandemic. However, there is still debate regarding the validity and urgency of issuing this Perppu, as well as its impact on existing legal provisions. It is hoped that these findings will provide a deeper understanding of the legislative process and the establishment of Perppu in Indonesia, as well as the implications for law enforcement and government governance