scholarly journals MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Arif Firmansyah ◽  
Euis D. Suhardiman
Keyword(s):  
Natural Resources ◽  
Community Participation ◽  
Coal Mining ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Mining Activities ◽  
Penal Policy ◽  
Mining Communities ◽  
The People

In Article 33 paragraph (3) of the Constitution of 1945, states earth water and natural resources contained therein controlled by the state and used for the welfare of the people. The realization of such mastery by delegating the authority to manage the natural resources of the state to the company is to provide state Mining Permit or Special Mining Permit. In protecting and overseeing the company that is engaged in coal mining government passed Law Number 4 of 2009 on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that every person who impede or interfere mining activities from business license holders of mining and business permit of the mining specifically penalized by fines or imprisonment. The article shows a process of criminalization an action (criminal policy), which aim to protect the companies that already have a Mining Permit, but the criminal policy is contrary to the purpose of the criminal policy is an effort for the welfare of society and policies the protection of society, the existence of Article 162 of Law Minerals coal and coal mining communities can impede convicted. In the case of the counteraction form caused they want to protect the environment or their ancestral lands from exploration activities. So it is activity is not uncommon form of criminal policy by means of criminal law that gives rise to new conflicts. Therefore the criminal policy should be shifted from penal facilities to non-penal policy more accommodating community participation, so that the purpose of the criminal policy, namely the welfare of society and protect the community can be realized.Keywords: Political Criminal, Mining, Non-Penal

scholarly journals IMPLEMENTATION OF ARTICLE 3 LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING IN THE GRANTING OF EXPLORATION MINING BUSINESS LICENSE

PRANATA HUKUM ◽  
2021 ◽  
Vol 16 (01) ◽  
pp. 13-25
Author(s):  
Anggalana ◽  
Dery Putra ◽  
Chandra Reformasi
Keyword(s):  
Natural Resources ◽  
Coal Mining ◽  
Government Agency ◽  
The State ◽  
Mining Activities ◽  
The Earth ◽  
Mining Investment ◽  
The People ◽  
The Republic ◽  
The Government

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.

Etude de l'aménagement d'une forêt classée au Mali avec la participation des populations riveraines - Données du problème et éléments de méthodologie | A Study of the Management of a State-Owned Forest in Mali with the Participation of the Population Living nearby - Issue under Investigation and Elements of Methodology

2000 ◽  
Vol 151 (3) ◽  
pp. 80-83
Author(s):  
Pascal Schneider ◽  
Jean-Pierre Sorg
Keyword(s):  
Natural Resources ◽  
Research Methodology ◽  
Large Scale ◽  
Environmental Context ◽  
Forest Resources ◽  
The State ◽  
Commercial Use ◽  
Economic Context ◽  
The People

In and around the state-owned forest of Farako in the region of Sikasso, Mali, a large-scale study focused on finding a compromise allowing the existential and legitimate needs of the population to be met and at the same time conserving the forest resources in the long term. The first step in research was to sketch out the rural socio-economic context and determine the needs for natural resources for autoconsumption and commercial use as well as the demand for non-material forest services. Simultaneously, the environmental context of the forest and the resources available were evaluated by means of inventories with regard to quality and quantity. According to an in-depth comparison between demand and potential, there is a differentiated view of the suitability of the forest to meet the needs of the people living nearby. Propositions for a multipurpose management of the forest were drawn up. This contribution deals with some basic elements of research methodology as well as with results of the study.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

scholarly journals The Reconstruction of Energy Management Law Based on Indonesia Legal System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 32
Author(s):  
Sulaiman Sulaiman ◽  
Ade Arif Firmansyah
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Energy Management ◽  
Legal System ◽  
Energy Sector ◽  
The State ◽  
Philosophical Orientation ◽  
The People ◽  
Legal Nature

Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law. Keywords: Reconstruction of Law, Energy Management, the Indonesian Legal System.

scholarly journals Criminal procedure policy and criminal procedure law. Part 2

2015 ◽  
Vol 2 (3) ◽  
pp. 162-166
Author(s):  
V S Shadrin
Keyword(s):  
Criminal Policy ◽  
Criminal Procedure ◽  
The State ◽  
Penal Policy ◽  
Criminal Procedure Law ◽  
Key Aspects

Тhe author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.

scholarly journals Priorities Of Providing The Economic Basis Of Sovereignty

2021 ◽  
Vol 03 (07) ◽  
pp. 52-56
Author(s):  
Shavkat Gaybullaevich Asadov ◽  
◽  
◽  
Keyword(s):  
Natural Resources ◽  
Social Development ◽  
Internal Control ◽  
The State ◽  
Material Resources ◽  
National Wealth ◽  
Economic Basis ◽  
The People ◽  
Labor Resources ◽  
Absolute Control

The economic sovereignty of the state means that the people are free to manage their national wealth, to freely determine the ways of using their natural resources for the purposes of economic and social development. At the same time, "the economic sovereignty of the state is a set of formalized rights to make decisions independently within the powers in the economic sphere" [1, 16]. It means exercising absolute control over its natural resources and taking internal control of the activities of any enterprise in all sectors of the economy. Uzbek economist M.N. Yusupova [2, 7-9] argues that the basis of economic sovereignty is not material resources and wealth, but labor resources, which is an important factor in the national awakening.

scholarly journals Attaining Oil and Gas Sovereignty by Forming Indonesia Incorporate Businesses

2020 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Yoga Partamayasa ◽  
Rafiqi Anjasmara
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
Legal Reform ◽  
The State ◽  
High Income ◽  
The Other ◽  
The Earth ◽  
Other Hand ◽  
The People ◽  
Very High

<p>Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.</p>

scholarly journals Environmental Justice in Intra Generations: An Overview of Aristotle's Distributive Justice to Coal Mining

2020 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Yovi Cajapa Endyka ◽  
Muhamad Muhdar ◽  
Abdul Kadir Sabaruddin
Keyword(s):  
Environmental Justice ◽  
Distributive Justice ◽  
Natural Resources ◽  
Coal Mining ◽  
Sustainable Management ◽  
Iron Ore ◽  
Environmental Policies ◽  
The State ◽  
Social Injustice ◽  
Current Generation

Indonesia is a country with abundant natural resources, ranging from sand. Tin, copper, coal, iron ore to gold. Therefore, the State should provide environmental justice to create reserves with wise and sustainable management of natural resources. This study uses a doctrinal method in order to answer the problem under study. This study will examine how Aristotle's distributive justice can sharpen the concept of justice for coal mining management. This study will focus on environmental justice in intra-generational terms in terms of Aristotle's distributive justice to coal mining. Protection of access (conservation of access) reflects the allocation of rights and access to natural resources balanced between different generations and fellow members of the current generation. Thus, access to protection provides fair and non-discriminatory rights for every citizen of the current generation to use environmental resources. However, in using these resources, each member of the current generation has an obligation (equitable duties) to ensure that his actions will not reduce future generations' access to these resources. The state through mining or environmental policies has not provided justice for the community, where the community accepts more risks such as social injustice, environmental and health harm from coal mining activities than receiving the benefits.

scholarly journals Criminal law policy about KPK authorities in the perspective of criminal action in corruption in Indonesia

2019 ◽  
Vol 3 (2) ◽  
pp. 156-162
Author(s):  
Ilham Ilham
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The State ◽  
State Agency ◽  
Constitutional Design ◽  
State Constitution ◽  
The People ◽  
Law Enforcement Agency ◽  
The Common ◽  
The Law

Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..

scholarly journals A RESPONSABILIDADE PENAL EM TEMPOS DE PANDEMIA: DO DESCUMPRIMENTO DE MEDIDAS EMERGENCIAIS DE COMBATE À TRANSMISSÃO DA COVID-19 E SUAS CONSEQUÊNCIAS JURÍDICO-PENAIS

2021 ◽  
Vol 4 (4) ◽  
pp. 175-186
Author(s):  
Airton Roberto Guelfi ◽  
Gisele Tafarelo Guelfi ◽  
Nathalia Horizonte Bacelar
Keyword(s):  
Health Policy ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Policy ◽  
Health Sciences ◽  
The State ◽  
Theoretical Discussion ◽  
Legal Analysis ◽  
The Face ◽  
The Government

This article introducea theoretical discussion that starts from the historical-social moment present in the face of the pandemic caused by COVID-19 in face of the uncontrolled increase in contamination worldwide and, consequently, the increasing number of deaths. It became necessary to go beyond the field of health sciences for a legal analysis, tracing a path that is established with governmental measures through administrative acts edited by the Federal and State Executive as means to confrontthe pandemic. With the publication of these administrative acts, there are important criminal consequences that must in fact be observed so that they do not become a dead letter in the legal system. All efforts by the State asthe manager of a health policy must be supported in that State as the manager and executor of a criminal policy. Based on this factor, the study written here seeks to conduct a discussion on the repercussions that affect the field of Criminal Law as a result of non-compliance with the measures imposed by the Government and the consequent liability of the offending agent.

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