Garuda - Garba Rujukan Digital

PEMBERANTASAN TERORISME BERORIENTASI HAM Dwi Haryadi
Masalah-Masalah Hukum Vol 43, No 2 (2014): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Eradicating terrorism has now become a national and global agenda that should be done to protect society. Densus 88 from Indonesian National Police, the executor of this effort, must not only stick to the principle of upholding the law and human rights, but also not be discriminatory. To optimize the preventive actions of human rights violation by this force, there is an understanding and implementation process of the code of conduct set out in the regulations, especially the principle and standards of human rights implementation in Indonesian National Police duty

FAKTOR KRIMINOGEN ILLEGAL MINING TIMAH DI BANGKA BELITUNG Dwi Haryadi
Masalah-Masalah Hukum Vol 44, No 1 (2015): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Bangka Belitung’s tin wealth on the downside has led to rampant illegal mining practices. This research aims to determine the root causes of illegal mining. Data collection was done through literature studies, field observations, participant observation, in-depth interviews and focus group discussions with key informants from miners to policy makers, as well as law enforcement officers. The study finds there are eight criminogenic factors, namely tin disorientation governance, political control of tin, tin abundant, areas prone to smuggling, economic needs of the people and the elite, low awareness of law and and environment, nonoptimal guidance and supervision, and ineffective law enforcement.Kekayaan timah Bangka Belitung pada sisi negatifnya telah menimbulkan maraknya praktik Illegal mining. Tujuan penelitian antaralain untuk mengetahui faktor penyebab terjadinya illegal mining. Pengumpulan data dilakukan melalui studi literatur, pengamatan lapangan, observasi partisipatif, wawancara mendalam dan FGD yang dengan para key informan dari pelaku tambang sampai pengambil kebijakan, serta aparat penegak hukum. Penelitian ini menemukan ada 8 (delapan) faktorkriminogen terjadinya illegal mining timah, yaitu disorientasi tata kelola pertimahan, politik penguasaan timah, timah yang melimpah, daerah rawan penyelundupan, kebutuhan ekonomi rakyat dan elit, rendahnya kesadaran hukum dan lingkungan, pembinaan dan pengawasan belum optimal dan penegakan hukum yang belum efektif.

REFORMULASI KEWENANGAN MPR PASCA AMANDEMEN UUD NRI 1945 Dwi Haryadi
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

People’s consultative assembly (MPR) from the beginning is formed as an institution with consensus principle, a principle of people’s consultative through consultative agency. The position and the authority of consultative agency started to change significantly after the amandements of 1945’s constitution. Even some opined that people’s consultative assembly is no longer required. There are several important issues that will be discuss as the main topic in this paper. First, development planning vs broad outlines of the nations direction (GBHN). Second, the authority of people’s consultative assembly to set the regulating provisions. Third, the authority of people’s consultative assembly to provide a constitutional interpretation. Fourth, this assembly reviewed it’s own provisions. Fifth, this assembly issued a decree inaugurating of president and vice president. These fifth reformulation issues are crucial among the dynamics of our state administration system and our current conditions, also in order to strengthen the functions of the people’s consultative assembly as a center for people's representation.

IMPLEMENTASI TANGGUNGJAWAB REKLAMASI PERTAMBANGAN TIMAH DI PULAU BELITUNG Dwi Haryadi; Darwance Darwance; Reko Dwi Salfutra
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Mining is one of the sectors that becomes an economic country’s support until now. Environmental issues is kind of difficult things and can’t even be separated from mining activities. Belitung island is as part of the largest tin-producing province in Indonesia that has been exploited since the 18 century. It also has experienced the environmental crisis as well as other mining areas has in Indonesia. This research is conducted as an effort to discover and unravel the problematic implementation of reclamation on the ex-tin mine’s land in Belitung Island by using a conceptual approach and legislative approach. Based on the observation’s result, it shows that the reclamation’s result in Belitung Island has not been successful. Data from PT Timah (Persero) Tbk about the reclamation in Belitung Island also shows that the realization is far from the plan. There is no target that achieved successfully every year, also there is no reclamation that reaches 50 percent, the maximum is only 25 percent in 2016. th

Antroposentrisme dan budaya hukum lingkungan (Studi eksploitasi timah di Belitung Timur) Dwi Haryadi; Darwance Darwance; Putra Pratama Saputra
PROGRESIF: Jurnal Hukum Vol 14 No 1 (2020): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v14i1.1777

Mining activities that tend to ignore or even damage the environment indicate an anthropocentrism behavior where human interests take more precedence than the environmental sustainability. Economic interests are often the main reason for mining activity such as cutting down protected forests, damaging and polluting watersheds, and etc. As an area that has been exploited for a long time, East Belitung has experienced the increasing number of its critical land and natural disasters such as floods because of tin mining that ignores the environment. This condition show that the legal culture of the miner's environment has not been developed yet, or it’s already exists but the clash with economic interests and dependence on tin has made anthropocentrism become more dominant. Policies, prevention efforts, socialization and enforcement have been carried out but the fact shows it’s not easy to harmonize between anthropocentrism and awareness of the environmental law of the community..

Dialektika Unsur Merintangi Kegiatan Usaha Pertambangan Dengan Prinsip Demokrasi Dwi Haryadi; Sri Rahayu; Ndaru Satrio
PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v17i1.4063

The element of "obstructing or interfering with mining business activities" is the focus of this article, because the editorial has multiple interpretations. Its existence derives two problem formulations, namely (1) What are the problems with elements hindering or interfering with mining business activities?: (2) What is the reformulation that reflects democratic principles? The analytical knife used to examine existing problems through democratic principles. This study uses normative juridical research methods. There are several conclusions related to the problematic presence of elements hindering or interfering with mining business activities, including: first, elements hindering or interfering with mining activities can be directed to actions that can be interpreted differently. Second, these elements can be directed to certain interests. Third, these elements can be subjective. Fourth, it is counterproductive to provisions for environmental fighters who cannot be sued criminally or civilly. The reformulations that are expected to better reflect democratic principles include: first, providing a more detailed explanation regarding the redaction of elements hindering or disrupting mining activities. Second, changing the editorial elements hinders or disrupts mining business activities. Third, remove the redaction elements that hinder or interfere with this mining business activity.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search