ORIGINAL RESEARCH ARTICLE | Oct. 5, 2021
Reconstruction of Corporate Environmental Crime Liability Law Based on Justice Value
Dadang Abdullah, Hartiwiningsih, Abdul Halim Barakatullah
Page no 582-587 |
10.36348/sijlcj.2021.v04i10.001
The main problem discussed in this research is to find out what factors cause the law enforcement on environmental corporate criminal liability to be unfair and how to reconstruct environmental corporate criminal liability law that are able to achieve justice in the future which will be researched using the socio-legal research method which relies on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain a relevant and accurate analysis. The results of the study indicate that the factors that cause environmental criminal law enforcement to be unfair are influenced by 3 factors, namely the law structure, substance, and culture that are still weak. In order to solve this problem there needs to be a reconstruction of the environmental corporate criminal liability reconstruction that are contained in Article 46 paragraph 1 of Law No. 23 of 1997 as amended by Law No. 32 of 2009 namely Article 116 (1) as it cannot provide adequate justice yet therefore reconstructing it must be done in order to comply with the value of justice.
ORIGINAL RESEARCH ARTICLE | Oct. 5, 2021
Reconstruction of Criminal Sanction Regulations against Narcotic Abusers Not Related to a Drugs Circulation Network Based on Justice Values
Linda Ikawati, Eko Soponyono, Sri Endah Wahyuningsih
Page no 588-594 |
10.36348/sijlcj.2021.v04i10.002
Narcotics abuse as referred to in Law Number 35 of 2009 concerning Narcotics in general, provides for criminal penalties by judges. It tends to prioritize criminal sanctions if they commensurating with the actions of the perpetrators, with the aim that the perpetrators do not repeat their actions. This paradigm is certainly not suitable when dealing with crimes involving drug abuse, because the narcotics abuser themselves is also a victim. This research uses a statutory approach because it is included in normative legal research where the approach to criminal law legislation and especially narcotics legislation is used as one of the legal research approaches. This result of the research shows that (1) The policy of implementing criminal sanctions for drug users that are not related to narcotics networks in the current legislation cannot be separated from the criminal system adopted by the legal system in Indonesia. (2) Arrangements for the implementation of criminal sanctions against narcotics users who are not related to the narcotics distribution network according to the current law are not based on the value of justice. This can be seen from Law Number 35 of 2009 concerning Narcotics which still causes multiple interpretations or ambiguities in its application, especially to Article 112 and Article 127 of the Narcotics Law. (3) The ideal reconstruction of the formulation in the implementation of criminal sanctions against narcotics users based on the values of justice is by changing the formulation of Article 111 paragraph (1) and 112 paragraph (1) and Article 103 paragraph (1).
ORIGINAL RESEARCH ARTICLE | Oct. 5, 2021
Reconstruction of Legal Protection Policy for Occupational Safety for Health Personnel Due to a Transmitted-Disease Pandemic Based on Justice Value
Ady Purwoto, Eko Soponyono, Indrati Rini
Page no 595-600 |
10.36348/sijlcj.2021.v04i10.003
Health workers need to get legal protection from the government as the executor of the task of handling Covid-19. The author raises this problem in a study with the main problem What are the obstacles that occur that make the legal protection policy for occupational safety for health workers due to the infectious disease pandemic is not based on the value of justice yet and How is the reconstruction of this law based on the value of justice which will be researched using the socio-legal research method which is on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain a relevant and accurate analysis. The results of the study indicate that there are obstacles that occur as a result of a very complicated local government bureaucracy. In addition, health workers who work in the task force to accelerate the handling of the pandemic have not received occupational health and safety guarantees, only PPE (Personal Protective Equipment), Vitamins, food, and temporary Home Stay that must be provided while on duty, even the insurance is financed by their agency and not from their Local government. The reconstruction proposed by the author is in Article 9 paragraph 1 of Law Number 4 of 1984 concerning Outbreaks of Infectious Diseases, which stipulates that certain officers who carry out efforts to control the epidemic as referred to in Article 5 paragraph (1) must be rewarded for the risks involved that are borne in carrying out their duties.
ORIGINAL RESEARCH ARTICLE | Oct. 12, 2021
Paradigm of the Formulation of the Death Penalty against Corruption Perpetrators in View from the Human Rights
Tri Andrisman, Muhammad Farid, Hafizh Abdul Aziz, Sani Nur Asih
Page no 601-608 |
10.36348/sijlcj.2021.v04i10.004
Legislation of criminal acts of corruption is a repressive effort from the government to overcome the expansion of corruption in Indonesia, especially in the Covid-19 pandemic situation. The crime of corruption that cannot be separated from the deep-rooted hierarchy of power, in its application is a crime that is difficult to eradicate. The application of the death penalty as a tool to provide a deterrent effect for perpetrators of criminal acts of corruption, in its implementation is one of the methods of punishment that has many polemics. The legal issues discussed in this article are the complexity of corruption that occurred during the Covid-19 pandemic, as well as the polemic of imposing the death penalty on perpetrators of corruption in the Covid-19 pandemic situation. The research method used in this research is normative juridical or an approach that refers to applicable laws and regulations. The results of writing this article: The high rate of corruption that occurred during the Covid-19 pandemic in its implementation has increased sharply, as well as the complexity of corruption that occurs, in its implementation evenly distributed to all lines, starting from the social assistance corruption, the Asabri case, Jiwasraya, the Pinangki prosecutor bribery case, the bribery case for the mayor of Cimahi, to the land dispute case in Labuan Bajo NTT. In addition, the imposition of the death penalty on perpetrators of criminal acts of corruption in the current COVID-19 pandemic situation also raises many pros and cons.
ORIGINAL RESEARCH ARTICLE | Oct. 12, 2021
Legal Reconstruction of Expired and Ne bis in idem Prosecution Authority in Criminal Code Based on Justice Value
Nurmalah, Gunarto, Sri Endah Wahyuningsih
Page no 609-614 |
10.36348/sijlcj.2021.v04i10.005
The main problem discussed in this research is to find out What Are The Weaknesses Of Expired And Ne bis in idem Prosecution Authority In Criminal Code and How Is The Legal Reconstruction Of Expired And Ne bis in idem Prosecution Authority In Criminal Code Based On Justice Value and this problem are researched using the socio-legal research method which relies on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain relevant and accurate analysis. The results of the study shows that the factors that Both the expiry provisions stipulated in Articles 78 to 81 of the Criminal Code and the principle of ne bis in idem which are included in Article 76 (1) of the Criminal Code have not been able to meet the value of justice due to the lack of a specific elaboration regarding the reasons that became the basis for the abolition the right of criminal prosecution and the abolition of the authority to prosecute the crime of murder because in the perspective of the expired contained in Criminal Code, it can abort criminal prosecution. Because of this problem, A Legal Reconstruction is needed. as proposed by the author which focuses on two Elaborating the grace period as the reason for the abolition of authority according to the criminal code in the Criminal Code as seen in Article 78 of the Criminal Code.
ORIGINAL RESEARCH ARTICLE | Oct. 16, 2021
Legal Policy on Food Safety in the Fulfillment of Health Right
Donna Okthalia Setiabudhi, Toar Neman Palilingan, Jeany Anita Kermite
Page no 615-620 |
10.36348/sijlcj.2021.v04i10.006
Recent food emergencies throughout the world have raised some serious ethical and legal concerns for nations and health organizations. While the legal regulations addressing food risks and foodborne illnesses are considerably varied and variously effective. The research uses a descriptive method is a method that examines the status of human groups, an object and a condition, a system of thought or an event in the present. It was conducted in North Sulawesi Province as the research location based on the reality in this area where there are markets that sell extreme animals. The results show that the highest causes of poisoning in North Sulawesi Province are animals, but in practice local government policies in food safety and the health right, especially those related to the sale and purchase of extreme animals in several traditional markets are still limited to appeals and statements that are not stated in written law and are not has sanctions so it does not have the power to be enforced. In order to accommodate the community's need for food safety and health, ideally, the policy should be in the form of a written law so that it can be enforced through the application of sanctions. Efforts to fulfill the community's right to food safety and health, it is necessary to establish a law in the form of a regional legal product that contains mechanisms, procedures, standardization and sanctions in the sale of extreme animals.
Defence applications to adduce evidence in Meng Wanzhou’s extradition case. Bases of Court decisions to allow or deny evidence. Different standards required for Requesting State and Person Sought. Extradition proceedings constituting a trial of the Record of Case, not of the Person Sought. Unfairness flowing from the new Extradition Act due to relaxation of evidence standards required in the Record of Case. Whether Extradition Act achieved its aim to prevent Canada being a haven for criminals, or if it has become one of the easiest places from which to extradite, creating concerns about wrongful extradition and denial of Charter Rights.
ORIGINAL RESEARCH ARTICLE | Oct. 28, 2021
Legal Aspects of Partnership Agreements between Higher Education and MSMEs through Joint Venture Profit Sharing
Jeany Anita Kermite, Toar K. R. Palilingan, Grace M. F. Karwur
Page no 627-632 |
10.36348/sijlcj.2021.v04i10.008
Micro, Small, and Medium Enterprises (MSMEs) are a business sector that has a reasonably reliable resilience in the face of various crises, both monetary and other financial crises, including in the face of the current world condition which is facing the Covid-19 pandemic. The research is empirical legal research using qualitative research. It was conducted in Manado, the capital city of the Indonesian province of North Sulawesi, where many MSMEs require partnership in their development. The results show that the legal aspect related to partnership agreements through Joint Venture Profit Sharing by higher education is the first contract law; normatively, it has provided cooperation with other higher-education parties. However, this law only provides restrictions on cooperation in research and development. It does not regulate participation in the implementation of business activities or the possibility of a contract that clarifies the position of higher education in a partnership agreement. The financial legal aspect, the ideal form of a partnership agreement to be implemented by higher education in developing small and medium enterprises, is partnership through the Development of Science and Technology, partnership through modern cooperatives and partnerships with village-owned enterprises.
ORIGINAL RESEARCH ARTICLE | Oct. 28, 2021
Juridical Analysis of Law Enforcement for Criminal Acts of Corruption to Realize Legal Certainty (Research Study at the Tanjung Pinang Police Criminal Investigation Unit)
Jaya Putera Tarigan, Laily Washliati, Fadlan
Page no 633-642 |
10.36348/sijlcj.2021.v04i10.009
Corruption is a special offense that is regulated separately outside the Criminal Code. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is following Article 25 of Law no. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in courts of corruption cases take precedence over other cases in order to be resolved as soon as possible. The problems in this study are how to regulate the law of corruption in order to achieve legal certainty (Research Study at the Tanjung Pinang Police Criminal Investigation Unit), how to implement corruption law enforcement to create legal certainty (research study at the Tanjung Pinang Police Criminal Investigation Unit) and what factors become an obstacle or obstacle as well as a solution to law enforcement for corruption in order to realize legal certainty (Research Study at the Tanjungpinang Police Criminal Investigation Unit). This study aims to determine the legal regulation of corruption in order to create legal certainty (research study at the Tanjung Pinang Police Criminal Investigation Unit), to determine the implementation of the juridical analysis of corruption law enforcement in order to realize legal certainty (Research Study at the Tanjung Pinang Police Criminal Investigation Unit), to find out factors that become obstacles or obstacles as well as Law Enforcement Solutions for Corruption in order to Realize Legal Certainty (Research Study at the Tanjungpinang Police Criminal Investigation Unit). This study uses a descriptive method by using a normative approach (legal research) to obtain primary data through field research. The results of the study indicate that Law Enforcement of Corruption Crimes to Achieve Legal Certainty (Research Studies at the Tanjungpinang Police Criminal Investigation Unit) has basically been carried out well, although there are still many obstacles in the field, especially the substance and legal culture. It is necessary to have a firm legal regulation that provides a deterrent effect to perpetrators of corruption.
REVIEW ARTICLE | Oct. 30, 2021
Instituting an Independent Prosecution Service as an Effective Mechanism to Combat Corruption in Cameroon
Dr. Kwei Haliday Nyingchia, Dr. Nyingchia Angela Kemei
Page no 643-652 |
10.36348/sijlcj.2021.v04i10.010
The independence of prosecutors is a crucial component in the fight against corruption. Accordingly, a robust rule of law system and the application of anti-corruption laws require that prosecutors be free from any undue external pressure. Independence here means it should not be subordinated to the executive or any other state bodies. To avoid undue instructions, it is essential to develop a catalogue of such guarantees of non-interference in the prosecutor’s powers in order to ensure that their activities in trial procedures are free from external pressure. Such guarantees should cover appointments, discipline, career, removal from office and specific rules of management of cases and decision-making process. This must be complemented by an adequate remuneration, budgetary, financial, internal and external independence. In Cameroon, the hierarchical subordination system of the Prosecution Service exists, with the Minister of Justice playing a crucial role in its functioning. This paper holds that the way it is practiced hinders the Legal Department from effectively combatting corruption, because prosecution may only be engaged in certain cases after instructions have been received. This system, to an extent, justifies the alarming rate of active corruption cases which are committed with impunity, even to the knowledge of the Prosecution. This research, which investigated the institution of an independent prosecution service in Cameroon as an effective anti-corruption mechanism, recommends the abolition of the principle of hierarchical subordination, or that it should be regulated and instructions should be limited only to the general application of the criminal policy. To conduct this research, a qualitative research methodology was adopted and a doctrinal method used. We essentially relied on desk research wherein we examined the primary and secondary data on the Prosecution Service.