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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal HAM Jurnal Hukum dan Peradilan
Khalisa Hayatuddin
Program Magister Hukum Universitas Muhammadiyah Palembang
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ENFORCEMENT OF CRIMINAL LAW AGAINST IMPLEMENTERS OF FOREST BURNING Khalisa Hayatuddin; Leoman Saputra
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i1.8518

Abstract

The background in this study is the rise of cases of forest fires due to the element of deliberate humanity who deliberately burned the forest for personal interests to open new land in Kayuagung District, Ogan Komering Ilir Regency. The formulation of the problem in this study are 1) How is criminal law enforcement against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?; and 2) What are the obstacles encountered in the enforcement of criminal law against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?. The research method used is empirical research. Data sources used in this study consisted of primary data and secondary data. Based on the results of the study showed that 1) Criminal law enforcement against the perpetrators of forest fires in the village of Celikah, Kayuagung District, Ogan Komering Ilir District has gone through a penal effort that is repressive measures of Investigation because the perpetrators threatened with imprisonment in accordance with criminal theory in applying the principle of subsidiarity and in accordance with article 99 paragraph (1) Article 108 jo Article 69 letter h Law of the Republic of Indonesia No. 32 of 2009 concerning Environmental Protection and Management and regulates criminal sanctions alternatively, namely in the form of imprisonment or only fines and 2) Constraints faced by law enforcement agencies in carrying out criminal law enforcement against perpetrators of forest and land burning, namely first, at the level of investigation, constraints faced is the limited budget support for the management of smoke disasters, the tradition of the community opening land by burning, not yet optimized community empowerment to care about smoke disasters, and the limitations of environmental expert witnesses. Second, at the level of the public prosecutor and judge, the obstacles faced are that the police have never been involved at the level of investigation, the lack of certified public guides and judges (expertise) in the field of environment especially forest and land fires, users of tools that are not of Indonesian national standards.
Perlindungan Hukum Hak Asasi Manusia dalam memperoleh Hak Atas Tanah di Indonesia Suharyono Suharyono; Khalisah Hayatuddin; Muhamad Sadi Is
Jurnal HAM Vol 13, No 1 (2022): Edisi April
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (56.971 KB) | DOI: 10.30641/ham.2022.13.15-28

Abstract

All living things philosophically need the land, especially humans. Human need land to maintain their lives. Based on it, the protection of human rights in obtaining land rights is essential as well as in defending their land rights. Defending the land means preserving life. The research problem in this paper is how the legal protection of human rights in obtaining land rights in Indonesia? This paper aims to learn about legal protection for human rights in obtaining land rights in Indonesia. Therefore, to maintain and ensure legal protection of human rights in obtaining land rights in Indonesia, it has been regulated in the 1945 Constitution of the Republic of Indonesia and then regulated explicitly in Law Number 5 of 1960 concerning Regulations about Basic Agrarian Fundamentals. However, it still has weaknesses in the legal protection of human rights in obtaining land rights in Indonesia. So, it can be concluded that the legal protection of human rights in obtaining land rights in Indonesia still has weaknesses. Therefore, the government and the DPR RI are supposed to immediately revise Law Number 5 of 1960 about Basic Regulations on Agrarian Principles.
LEGAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION ON THE APPLICATION OF RESTORATIVE JUSTICE CONCEPT IN INDONESIA Khalisah Hayatuddin; Suharyono Suharyono; Sobandi Sobandi; Muhamad Sadi Is
Jurnal Hukum dan Peradilan Vol 11, No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.281-312

Abstract

The decision of the Constitutional Court Number 68/PUU-XV/2017 cancels Articles 96, Articles 100, and Article 101 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. With this decision, the concept of restorative justice in Indonesia evolves even a stronger legal basis. In this paper, the research method that the researcher uses is a normative juridical legal method that is prescriptive means practical or applicable. This research aims to solve the problems of the research. The results of this study explain that after this decision of the Constitutional Court has been set, it implicates the law,  which is the development of the ideal concept of restorative justice in Indonesia, that is regulated clearly and firmly in the Criminal Code, the Prosecutor's Law, and the Police Act, which can provide legal certainty regarding restorative justice so that it can realize the concept of restorative justice which conducting deliberation process by listening to and reassuring the aggrieved parties based on the philosophical values of the Indonesian nation that can provide social justice for all Indonesian people.
The Principle Of Democracy And Participation In Making Village Regulations As An Effort To Develop A Just Village Muhamad Sadi Is; Sobandi Sobandi; Khalisah Hayatuddin; Suharyono Suharyono; Jemmi Angga Saputra; Abdul Basir Bin Mohamad
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.489-516

Abstract

Overall, of course, development was carried out from the village, considering that as a country, Indonesia has thousands of villages, which must be carried out in a just development; of course, this development must be based on applicable laws, both laws on villages and village regulations, as the legal basis for carrying out this development. A good village regulation is certainly based on democratic principles and the principle of aspirations in making it. Normative legal research was used based on secondary data sources, especially the Law of the Republic of Indonesia Number 6 of 2014 on Villages, and analyzed qualitatively. The results of the study concluded that, first, good village regulations must contain the principles of democracy and aspirations in the process of making them so that they could produce village regulations in line with the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, and what was expected by the local village community, so that they could make a village as the main pillar for the progress of the Indonesian nation and state both in the present and the future. Second, A just village development must be based on village regulations to carry out development in villages, both village infrastructure development and village human resource development, as mandated in the Law of the Republic of Indonesia Number 6 of 2014 on Villages.
Co-Authors Abdul Basir Bin Mohamad Jemmi Angga Saputra Leoman Saputra Muhamad Sadi Is Muhamad Sadi Is Sobandi Sobandi Sobandi Sobandi Suharyono Suharyono Suharyono Suharyono Suharyono, Suharyono