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All Journal Jurnal Hukum Adigama
Mella Ismelina F. Rahayu
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Law, Crime, Criminology & Criminal Justice

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SANKSI PIDANA LINGKUNGAN TERHADAP PERUSAHAAN YANG MELAKUKAN DUMPING LIMBAH B3 TANPA IZIN (STUDI KASUS PUTUSAN NEGERI SURABAYA NO. 109/PID.B/LH/2020/PN.SBY) Hughes Ramadinda Etnneji; Mella Ismelina F. Rahayu
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17958

Abstract

As the environment is one of the ecosystems that must be maintained, therefore the existence of the environment must be protected, especially for the order of living things. However, cases of B3 waste pollution that damage the environment, cases of illegal disposal of B3 waste in Indonesia often appear. One of them is B3 waste which at PT. Gunawan Fajar. How are environmental criminal sanctions against companies that violate B3 waste dumping and how are criminal sanctions applied in the Surabaya District Decision Case No. 109/Pid.B/LH/2020/PN.Sby is the problem under study. The research method used in this study is a supporting normative legal research method which was analyzed qualitatively. The results of the study describe criminal sanctions against companies that dump B3 Waste and the application of criminal sanctions in the Decision Case, namely in criminal sanctions against companies that dump B3 Waste taking into account “Article 104 of Law Number 32 of 2009 concerning Environmental Protection and Management”, and In the application of criminal sanctions to the Decision Case, it should also pay attention to “Article 102 jo 103 of Law Number 32 of 2009, Government Regulation No. 101 of 2014” concerning Management of Hazardous and Toxic Waste, as well as the theory of punishment, because this is considered too light for the Defendant.
MEKANISME DISMISSAL DALAM KONSEP ANTI STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP) SEBAGAI PERLINDUNGAN HUKUM TERHADAP PEJUANG LINGKUNGAN HIDUP DI INDONESIA Harry Setiawan; Mella Ismelina F. Rahayu
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17878

Abstract

Environmental problems in the form of environmental pollution and/or destruction have become the center of global attention, considering the complex impacts toward human beings. Everyone who fights for the right to a good and healthy environment can be considered environmental defender. Public participation is an important aspect that cannot be separated in terms of environmental protection and management as stated in the Rio Declaration. However, public participation which is taken by environmental defender in the context of fighting for the right to a good and healthy environment is vulnerable to attacks in the form of a lawsuit known as SLAPP. The originator of the term SLAPP themselves have stated that strategic legal forms often occur in the environmental realm. Legal protection in the form of law and regulations with a case dismissal mechanism is needed in order to protect environmental defender from SLAPP which could cause various kinds of losses, physically, energy, time, and economically. UUPPLH as the law for the environmental sector in Indonesia has regulated legal protection for everyone who fights for substantive rights in the form of a good and healthy environment, where these rights have even been recognized and guaranteed by the constitution (UUD 1945). Therefore, dismissing the case (dismissal) as early as possible against SLAPP is considered important to protect environmental defender who takes the form of public participation in carrying out their work as the guardian of environmental rights.
PERLINDUNGAN HUKUM TERHADAP LAHAN PRODUKTIF PERTANIAN AKIBAT MARAKNYAALIH FUNGSI LAHAN UNTUK KEPERLUAN PROPERTI, INDUSTRI DAN PROYEK PEMBANGUNAN STRATEGIS NASIONAL BERDASARKAN HUKUM POSITIF INDONESIA Hotris Parlinggoman Sitanggang; Mella Ismelina F. Rahayu
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The rise of conversion of productive agricultural land to non-agricultural purposes for properti, industry andnational strategic development projects has threatened the existence of agricultural land which in the endcan also threaten national food security, so the problem arises how to regulate agricultural land that can beallowed to be converted to non-agricultural based on positive law in Indonesia and what are the forms oflegal protection for agricultural productive land against the widespread conversion of land for properti,industry and national strategic development projects based on Indonesian positive law. The research methodused is normative juridical which is descriptive analytical. Based on the results of the analysis thatagricultural land that has been determined can be converted for public interest and national strategicdevelopment by fulfilling certain conditions based on Article 44 Paragraph (2) of the PLP2B Law, and forindustrial purposes the criteria for land that can be converted are dry land and less fertile. The form of legalprotection is that the government has issued several legal regulations, but in its implementation in theregions it has not yet established protected areas of sustainable agricultural land so that the protection ofproductive agricultural land has not been implemented properly. Another form of protection provided isincentives for land-owning farmers whose lands are willing to be determined on the Protected Paddy FieldMap (PLSD).
Co-Authors Hotris Parlinggoman Sitanggang Hughes Ramadinda Etnneji ZK Abdurahman Baizal