{"title":"The Effectiveness against Traffic Violations with Electronic Traffic Law Enforcement (ETLE)","authors":"Yuliantoro Yuliantoro, Achmad Sulchan","doi":"10.30659/ldj.3.4.736-742","DOIUrl":"https://doi.org/10.30659/ldj.3.4.736-742","url":null,"abstract":"This study aims to determine and analyze the effectiveness of law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and to identify and analyze the obstacles in law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and find out the solutions. This research is an empirical juridical research by combining legal materials (which are secondary data) with primary data obtained in the field. The results of this study indicate that the effectiveness of Electronic Traffic Law Enforcement (ETLE) is still less effective in its implementation, judging from the data on violations that are still occurring, which are increasing compared to before the implementation of the ETLE system. Public awareness of compliance in driving on the road is still lacking and tends to ignore traffic signs because there are no police officers on the road. The factor for the ineffectiveness of implementing Electronic Traffic Law Enforcement (ETLE) is the lack of camera equipment installed on every road and every traffic light so that there is a lack of valid data to detect traffic violators and also there are still many violators found on the highway, especially motorcycle riders who do not drive in an orderly manner in the absence of police officers on duty on the road.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81235509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Traffic Impact Analysis on Province Roads as Requirement for Licensing Services Provision in Building Sector","authors":"B. Mursito, S. Kusriyah, Jawade Hafidz","doi":"10.30659/ldj.3.4.719-728","DOIUrl":"https://doi.org/10.30659/ldj.3.4.719-728","url":null,"abstract":"The purpose of this research is to study and analyze the impact of traffic on provincial roads as a permit requirement in the building sector by local governments based in Central Java and the solution efforts. The approach method used in this research is sociological juridical. The results of the study indicate that: the implementation of the traffic impact analysis on provincial roads encountered obstacles, among others, before the implementation of the traffic impact analysis, difficulties were the preparation of the required documents for the implementation of the traffic impact analysis, and in the implementation of the traffic impact analysis, including those related to supervision issues, not guided by the authority to analyze traffic impacts based on road status, do not understand the laws and regulations and related provisions, and lack of law enforcement.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86421589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Juridical Formulation of Hate Speech Cyber Crime and Its Law Enforcement Implementation","authors":"Hadi Ismanto, G. Gunarto, Sri Endah Wahyuningsih","doi":"10.30659/ldj.3.4.710-718","DOIUrl":"https://doi.org/10.30659/ldj.3.4.710-718","url":null,"abstract":"The purpose of this paper is to analyze the juridical formulation of Article 28 paragraph (2) and Article 45 paragraph (2) of the ITE Law and the implementation of law enforcement. The method used is normative juridical. The research results obtained that the juridical formulation of Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law, contains several juridical weaknesses that it does not formulate the qualifications of the offense whether it is \"violation\" or \"crime\" law enforcement. The origin of 28 paragraph (2) is proven through a meaningful analysis of the content of the accused's hate speech phrases that actually cause hostility, communal conflicts through the symbolization of religious figures.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87772955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role Optimizing of Election Observers in 2019 Elections","authors":"Achwan Achwan, S. Kusriyah, Rakhmat Bowo Suharto","doi":"10.30659/ldj.3.4.700-709","DOIUrl":"https://doi.org/10.30659/ldj.3.4.700-709","url":null,"abstract":"This study aims to analyze the role of monitoring and optimizing the role of election observers. The specification of this research is analytical descriptive with socio-legal approach method. The method of collecting data is by interviewing and analyzing data from laws and regulations, research results, scientific works and relevant books. The results of this study indicate that election monitoring plays an important role in the quality of elections, namely complementing the limitations of Bawaslu in terms of the number of supervisory personnel and the breadth of the scope of its supervision, as a form of public participation, as an election control institution, as part of citizen political education and as a balance between election organizers. . To optimize the role of election observers, this can be done by: registration for accreditation is carried out at the beginning of the stages, election monitoring is carried out at all stages, the need for mastery and understanding of all election regulations, the need for sources of funds other than member fees such as budget assistance from the government or in collaboration with donor agencies that not affiliated with any election contestants or political parties, ","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74011114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Khoirulika Nur Harinda, Amin Purnawan, Aryani Witasari
{"title":"The Law Enforcement of Environmental Law against Illegal Mining","authors":"Khoirulika Nur Harinda, Amin Purnawan, Aryani Witasari","doi":"10.30659/ldj.3.4.693-699","DOIUrl":"https://doi.org/10.30659/ldj.3.4.693-699","url":null,"abstract":"The purpose of this study is to identify and analyze law enforcement against illegal mining in Indonesia. Based on the results of the study, it can be concluded that illegal mining law enforcement is an unlawful act, regulated by Act No. 4 of 2009 concerning Mineral and Coal Mining, the threat of punishment is regulated from Articles 158 to 165. Administrative law enforcement in illegal mining crimes by the authority law enforcement is carried out in a preventive manner. Supervision in law enforcement of mining administration in a limited manner has been regulated as stipulated in the provisions of Article 39, Article 78 and Article 79 concerning Mining Business Permits (IUP) or Special Mining Business Permits (IUPK). The signs contained in the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), are obligations that must be carried out by the recipient of the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), and if a violation is committed, the official who issuing the permit has the right to impose sanctions. Based on this suggestion, it is hoped that there will be coordination and integration between relevant agencies, in particular to carry out socialization activities for legal counseling regarding Act No. 4 of 2009.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74888231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Work Of Legal Products Traffic In Overcoming Road Conclusion","authors":"F. Fadli, Akhmad Khisni","doi":"10.30659/ldj.3.3.675-682","DOIUrl":"https://doi.org/10.30659/ldj.3.3.675-682","url":null,"abstract":"The purpose of this study is to examine and analyze the concept of the substance of traffic law products in overcoming road congestion. This research uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the state's efforts in the form of legislation with the existence of legal products that are correlated with overcoming the problem of congestion on the highway with various concepts of interrelated substances include Act No. 22 of 2009, concerning traffic and transportation. Act No. 23 of 2014 concerning Regional Government in Article 9 paragraph (1) states that there are 3 (three) types of government affairs, namely absolute government affairs, concurrent government affairs, and general government affairs. Government affairs under the authority of the Regions consist of Mandatory Government Affairs and Preferred Government Affairs. Article 10 of Act No. 38 of 2004 concerning Roads states that to regulate road use and smooth traffic, roads are divided into several road classes. Government Regulation Number 32 of 2011 concerning Management and Engineering, Impact Analysis, and Traffic Needs Management, the scope of regulation of PP Management and Engineering, Impact Analysis, and Traffic Needs Management includes traffic management and engineering activities including planning, regulation, engineering, empowerment, and supervision.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90834829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State","authors":"K. G. Sengadji, Amin Purnawan, Aryani Witasari","doi":"10.30659/ldj.3.3.657-665","DOIUrl":"https://doi.org/10.30659/ldj.3.3.657-665","url":null,"abstract":"The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien to support the smooth running of the sea tolls program.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83516425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Effectiveness Of Civil Servant Candidate (PPNS) In Enforcement Of Spatial Planning Laws","authors":"I. Parlina, Siti Rodhiyah Dwi Istinah","doi":"10.30659/ldj.3.3.538-545","DOIUrl":"https://doi.org/10.30659/ldj.3.3.538-545","url":null,"abstract":"This study aims to describe the effectiveness of PPNS in enforcing the Spatial Planning Law. In line with the research objectives, in this study using normative juridical research methods, it is concluded: (1) The issuance of Act No. 11 of 2020 concerning Job Creation, has changed the content of Act No. 26 of 2007 concerning Spatial Planning. The legal basis for implementing spatial planning nationally, needs to be synergized in one Government Regulation. PP 21 of 2021 concerning the Implementation of Spatial Planning, integrates various cross-sectoral, cross-regional, and cross-stakeholder interests which are manifested in the preparation of Spatial Plans. Creating conditions for laws and regulations in the field of Spatial Planning that support the investment climate and ease of doing business. Violation of Act No. 11 of 2020, carried out by Civil Servant Investigators (“PPNS”), which are investigators from civil servants to investigate certain criminal acts. The effectiveness of the application of the law for violations of spatial planning, is highly dependent on the legal instruments of each Ministry or government agency/institution. Strengthening legal instruments (both regulations and institutional investigators for PPNS) needs to be taken seriously, because of the lack of legal application for violators of spatial planning. (2) The implementation of spatial planning is still not in accordance with the existing laws and regulations.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74777512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Implementation Of Complete Systematic Land Registration Services During The Covid-19 Pandemic","authors":"Fitri Adhi Nugroho, Umar Ma’ruf","doi":"10.30659/ldj.3.3.637-647","DOIUrl":"https://doi.org/10.30659/ldj.3.3.637-647","url":null,"abstract":"The purpose of this study is as follows: To find out the problems faced in PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office, to find out and analyze the implementation of PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office. This study uses a sociological juridical approach. Based on the results of the study, it can be concluded: (1) Existing Problems in PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, including: (a) The factor of social distancing so it is not allowed to carry out measurements as before the pandemic, thus progress of implementation becomes hampered, while there is still a PTSL completion target that must be met, (b) The budget factor of the ministry of ATR/BPN is saved for the needs of handling the pandemic, so that the target is reduced / unit costs are lowered / there is even work in the implementation of PTSL that cannot be paid, (c ) The time period for the announcement of physical data and juridical data differs between the Government Regulation and the Ministerial Regulation concerning PTSL, (d) The factor of law enforcement facilities,the presence of an invalid resident e-KTP has been brought to the sub-district office but is still not recorded in the KKP application so that the efforts made are to coordinate with the Population and Civil Registry Office of Pekalongan City, (e) The factor of low public interest in participating in the implementation of PTSL activities from from the beginning until the issuance of certificates in 2020 there were 504 certificates printed, 504 certificate signatures, and G. Scan BT PTSL 2020, (2) Implementation of PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, the results namely Print Certificate: 504 fields, Certificate Signature: 504 fields, and G. Scan BT PTSL 2020: 504 fields.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89096635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value","authors":"Saptanti Lastari, S. Kusriyah","doi":"10.30659/ldj.3.3.579-586","DOIUrl":"https://doi.org/10.30659/ldj.3.3.579-586","url":null,"abstract":"The purpose of this study is to analyze the police discretionary policy in handling minor crimes (Tipiring) not based on the value of justice, analyze the constraints of the police discretionary policy in handling minor crimes (Tipiring) at this time and analyze the police discretionary policy in handling criminal acts (Tipiring) in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that discretion is a police action that must be accounted for based on applicable laws and norms, police discretion is very vulnerable to irregularities and abuse so it needs to be given limits and supervision, so it can be said that it is not fair. Constraints on police discretionary policy in handling minor crimes consist of internal constraints and external constraints on the part of the police. The ideal policy of the Police's discretion in handling minor crimes (Tipiring) is: a) Not against a rule of law. b) In line with legal obligations that require an official action to be taken. c) The action must be appropriate and reasonable and included in the environment of his office, on appropriate considerations based on compelling circumstances, respecting human rights","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84601015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}