Lembuswana Law Review

The Juridical Review Of Efforts To Eradicate The Crime Of Plagiarism Of Scientific Writing In Indonesia

Imtikhan Anas Shob'ron Anas — Sat, 30 Dec 2023 00:00:00 +0000

Currently the practice of plagiarism has already become a habit in achieving something you want. And even worse, there are many students whose lives depend on this practice. This then becomes the background of the question in this research, namely: how are efforts to prevent and overcome the occurrence of the crime of plagiarism of scientific papers among students? This study aims to find out how efforts to deal with criminal acts of plagiarism of scientific papers. This type of research is normative juridical research, using a statutory approach. The basis of the theory that the author uses is using the theory of relative (deterrence). The results of this study indicate that Law no. 20 of 2003 concerning the National Education System, plagiarism that can be punished is punishable under the provisions of Article 70, namely regarding Article 25 paragraph (2), that graduates in tertiary institutions whose scientific work is proven to be plagiarized have their title revoked. However, provisions regarding graduation requirements and degree revocation are further regulated by government regulations, namely Government Regulation of the Republic of Indonesia No. 17 of 2010 concerning Prevention and Management of Plagiarism in Higher Education. Efforts made to prevent the occurrence of the crime of plagiarism of scientific writing is by increasing the ability of teachers/supervisors, students regarding the substance of research ethics.

Juridical Analysis of The Control of Abandoned Land Based on Government Regulation Number 20 of 2021 Concerning The Control of Abandoned Areas and Land

Sigit Sapto Nugroho, Oktavian Fernanda Putra — Sat, 30 Dec 2023 00:00:00 +0000

The aim of the research is to find out about the mechanism for controlling abandoned land based on Government Regulation Number 20 of 2021 concerning Controlling Abandoned Areas and Land and to analyze the legal consequences of determining control over abandoned land. The research method used is normative research, legal materials sourced from primary legal materials, secondary legal materials and non-legal materials, analyzed descriptively qualitatively. Based on the results of research and discussions, it shows that the mechanism for determining areas indicated as abandoned, the authority to carry out an inventory rests with the leadership of state institutions, ministries, non-ministerial government institutions, provincial regional governments, or district/city regional governments. Meanwhile, land indicated as abandoned is carried out by the land office. The stages taken to control abandoned areas and land are: 1) evaluation of abandoned areas and land; 2) warning of abandoned areas and lands; and 3) determination of abandoned areas and land. Based on the evaluation, warnings were carried out 3 (three) times, if they were not heeded, the head of the regional office, within a maximum period of 30 (thirty) working days, proposed the designation of abandoned land to the Minister of Agrarian Spatial Planning. As a legal consequence of determining an area as an abandoned area, this determination can also include: 1) revocation of permits and/or, 2) confirmation that it is an area controlled directly by the state. Meanwhile, for abandoned land, the determination of abandoned land results in: 1) the abolition of land rights or management rights, 2) the severing of legal relations, and 3) confirmation as state land, former abandoned land which is controlled directly by the state, if only part of it is designated as abandoned land. from the expanse, it can also contain orders to carry out extensive revisions of land rights.

Environmental Protection and Management From A Legal Perspective

Wahyu Friyonanda Riza, Ardiansyah, Suswadi — Sat, 30 Dec 2023 00:00:00 +0000

This writing aims to look at the legal perspective and understand the role of law in providing good environmental protection and management so that the environment can be enjoyed by the next generation in the future. The writing method used in this paper is the literature review method (library research). From the discussion it can be concluded that to realize the objectives of environmental management through preventing and controlling pollution, an appropriate legal approach strategy is needed in resolving environmental cases by making optimal use of the existence of Law Number 32 of 2009 concerning the Environment. As support for the implementation of these regulationsIt is necessary to involve government officials who properly understand the implementation and enforcement of environmental law as a functional law. The existence of environmental law has an important role in overcoming various environmental damages that have occurred so far. Legal regulations are not enough, environmental law enforcement is also an inseparable part of providing environmental protection and management

LEGAL PROTECTION FOR JUVENILE DEFENDANTS IN CASES OF GANG ASSAULT

Sat, 30 Dec 2023 00:00:00 +0000

Children are the nation's next generation who have an important role in advancing the nation. During a child's growth and development period, many things that occur in children's delinquency result in criminal acts such as beatings. Beatings carried out by children can result in children facing the law. Legal Protection is an activity carried out based on statutory regulations with the aim of protecting the growth and development of children, both physically, mentally and socially. Therefore, law enforcement and appropriate legal handling of children as perpetrators of criminal acts of beatings are needed. Children who are in conflict with the law must obtain their rights to justice and protection as regulated by Law Number 35 of 2014 concerning child protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

Policy on Non-Timber Forest Products in the Tourism Sector Based on Utilitarianisme

Nur Kholik, Fithriatus Shalihah — Sat, 30 Dec 2023 00:00:00 +0000

Non-Timber Forest Products or Non-Timber Forest Products (HHBK) from forests other than timber in the area are considered very important. The issue of NTFPs in the environmental services sector in the form of ecotourism needs to be explicitly regulated in law, only in terms of Administration. The NTFP policy is only regulated by the Ministry of Environment and Forestry, so Indonesia needs regulations for higher-level ecotourism NTFPs hierarchically. The policy regulating NTFPs and strengthening NTFPs in NTFP products should be considered essential and have significant benefits for state and regional income. Therefore, the potential of NTFPs for large forest areas can be exploited and utilized by communities within forest areas. So, the central and regional governments must refocus on utilizing NTFPs in state forests and forests managed by communities in the regions. The problem raised by the author is how to analyze the Non-Timber Forest Products Policy in Natural Resource Management in Indonesia Based on Legal Benefits. This research method is normative legal research by examining policy regulations by the Government in managing forest natural resources. The approach used is the statute approach and the concept approach. Data analysis in this research examines primary, secondary, and tertiary legal materials, which are then analyzed using descriptive qualitative methods to describe the results obtained in this study.

Enforcement of Criminal Law Against Corporations that do not Conduct an Analysis of Environmental Impact and Cause Environmental Crime

Jeki — Sat, 30 Dec 2023 00:00:00 +0000

AMDAL is a tool for monitoring and correcting the implementation of business activities or project activities carried out by companies, as well as for achieving and implementing environmental protection and even creating justice. ecology. This study is a normative legal study that aims to understand the urgency and pattern of punishment for environmental crimes committed by corporations. The results of the study show that the position of AMDAL in environmental management is very important and strategic, because it is a means of preventing environmental pollution through document review mechanisms such as AMDAL and UKL-UPL. Furthermore, the use of AMDAL is a system that ensures the sustainability of company goals. The PPLH Law must contain provisions related to sentencing patterns based on environmental protection, such as increasing the severity of fines, regulating the enforcement of fines, and providing restorative measures for criminal acts

Legal Enforcement Against Political Parties as Subjects of Corruption Crime in Indonesia

Norrafika Safitri, Hikmah Amalia — Sat, 30 Dec 2023 00:00:00 +0000

Law enforcement regarding criminal and administrative accountability of political parties has not been regulated in the National Law, so that so far only individual political parties have been prosecuted. On the other hand, we all know that political parties can be said to enjoy the proceeds of corruption from their party members to fund party activities. This article aims to examine law enforcement against political parties as legal subjects for criminal acts of corruption in Indonesia using normative research. The results of the analysis show that political parties are the same as corporations. This is viewed from the characteristic and conceptual aspects of existing legislative provisions, namely the law on eradicating criminal acts of corruption and the law on political parties. Regarding the accountability that can be requested from corporations that are proven to have committed acts of corruption, it refers to the Criminal Code except for the death penalty, imprisonment and imprisonment. Apart from that, the law on eradicating criminal acts of corruption also regulates the imposition of a maximum fine plus one third. In relation to corruption committed by political parties, additional punishment is required which the judge can impose in the form of a reduction in state financial assistance to political parties, a ban on participating in elections, or the dissolution of political parties