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All Journal International Journal of Advances in Applied Sciences Jurnal Cita Hukum
Nur Khasanah
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Religion Humanities Earth & Planetary Sciences Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Physics Social Sciences Other

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Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia Achmad Irwan Hamzani; Moh. Taufik; Mukhidin Mukhidin; Nur Khasanah
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.29127

Abstract

Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in the handling of corporate crime which are the cause of environmental damage and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The results of the study found that there were obstacles in the handling of criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation which then eliminated criminal cases. The handling of criminal acts of environmental destruction by corporations is regulated in the Environmental Law. Accountability, in this case, is carried out by the Business Entity and the person in charge of the business entity. Crime can be applied to the management and owner of a Corporation business entity. Crime is needed for Corporations destroying the environment based on justic.
Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia Achmad Irwan Hamzani; Moh. Taufik; Mukhidin Mukhidin; Nur Khasanah
Jurnal Cita Hukum Vol 11, No 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.29127

Abstract

Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in handling corporate crime, which cause environmental damage, and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations' handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice.
Implementation approach in legal research Achmad Irwan Hamzani; Tiyas Vika Widyastuti; Nur Khasanah; Mohd Hazmi Mohd Rusli
International Journal of Advances in Applied Sciences Vol 13, No 2: June 2024
Publisher : Institute of Advanced Engineering and Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11591/ijaas.v13.i2.pp380-388

Abstract

The use of a research approach in legal research will determine the results. There are three categories of approaches in legal research. The normative approach is the most widely used. This research aims to examine how the approach should be implemented in legal research. This research uses a conceptual approach which is still within the scope of the normative approach. Research data was collected by searching articles published in 23 law journals. The results of this research show that the approach to legal research is the use of perspective in discussing legal issues. There are three legal research approaches, namely normative, empirical, and philosophical approaches with all their variants. The normative approach reviews legal problems from a positive law perspective. The empirical approach examines legal problems as a cultural reality. A philosophical approach examines legal problems from an ideal perspective. The approach to legal research should be applied according to the type of research, research data, and level of research. The normative approach is the most widely used. This is because law is mostly understood as a set of rules. Sequentially, of the 256 articles studied, 70% of legal research used a “normative approach”, 19% empirical, and 11% philosophical.
Co-Authors Achmad Irwan Hamzani Moh. Taufik Mohd Hazmi Mohd Rusli Mukhidin Mukhidin Tiyas Vika Widyastuti