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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Prawesthi , Wahyu
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Law, Crime, Criminology & Criminal Justice

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LAW ENFORCEMENT AGAINST PERPETRATORS OF UNLICENSED GOLD MINING CRIME IN SANGIHE ISLANDS Susetyo, Tony Budi; Amiq, Bahrul; Prawesthi , Wahyu
Ius Positum: Journal Of Law Theory And Law Enforcement Vol. 2 Issue. 4 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.413

Abstract

Law No. 4/2009 on Minerals and Coal prohibits unlicensed gold mining activities because they have a big potential impact on environmental damage. Therefore, strict law enforcement is needed against humans who are not aware of environmental damage. The main problem in this research is the criminal provisions and law enforcement against perpetrators of unlicensed gold mining in the jurisdiction of the Sangihe Islands Police, North Sulawesi. The objective of this research is to find out the law enforcement process against perpetrators of unlicensed gold mining crimes in the jurisdiction of the Sangihe Islands. The approach method used in this research is the sociological juridical approach method. The juridical sociological approach is a research approach that uses legal aspects (legislation and facts in the field) related to the subject matter to be discussed, associated with the reality in the field or examines the positive law of an object of research and sees the practices that occur there. There are many mining businesses in various regions in Indonesia that are managed by local communities. Unfortunately, although there are national regulations that regulate the mining business, there are still very many mines managed by the community that have the status of illegal mining because they do not have a license, either a Special Mining Business License (IUPK) or other permits.
CRIMINAL LIABILITY OF NOTARY IN CRIMINAL ACT COMMITTED BY NOTARY SIGNING AGENT Rossulliati, Dwi; Ucuk, Yoyok; Prawesthi , Wahyu
Yuris: Journal of Court and Justice Vol. 2 Issue. 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.258

Abstract

This research aims to analyze and examine how the responsibility of a notary in the case of a notary's signing agents commits the crime of document forgery. Article 1 paragraph (1) of Notary Office Law states that a Notary is a Public Official authorized to do authentic deeds and has other authorities as referred to in this Law or based on other laws. The notaries get authority attribution from the state through the Law on Notary Positions. This authority is attached to the position of a notary. In conducting these duties and positions, a Notary is generally assisted by Notary signing agents. In this research, Normative Law is used because it tries to find the location of coherence, namely legal rules and legal norms. Notary workers are only assistants in their work, and the responsibility for authentic deeds remains to the Notary. When the Notary signing agents commit document forgery, resulting in defects in the authentic deed, it is possible that Notary must hold responsible for this. The forgery of letters can occur due to fake contents of the letter or fake authority and contents of authority in the letter. The forms of Notary Criminal Liability, if it is proven that the notary worker committed the crime of forging letters, is a crime of participation in the crime of forging letters because the Notary is considered negligent in conducting his duties and position.
Co-Authors Amiq, Bahrul Rossulliati, Dwi Susetyo, Tony Budi Ucuk, Yoyok