{"title":"The Diversion For Children In Front Of The Law In Traffic Accident Cases","authors":"B. Jatmiko, Bambang Tri Bawono","doi":"10.30659/ldj.3.2.216-222","DOIUrl":"https://doi.org/10.30659/ldj.3.2.216-222","url":null,"abstract":"The purpose of this study is to identify and analyze the implementation of diversion in the settlement of traffic accident cases committed by children in the context of legal certainty; knowing and analyzing the obstacles and solutions to the application of diversion in the settlement of traffic accident cases committed by children in the context of law enforcement that leads to restorative justice. This research approach method uses a sociological juridical approach. The conclusion of this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions for children who are in conflict with the law in traffic accident cases should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77037005","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":"Community Participation In Development Of Environmental Impact Analysis Documents (AMDAL) Based On Arnstein Concept","authors":"Prita Hapsari Kertaningrum, Widayati Widayati","doi":"10.30659/LDJ.3.2.175","DOIUrl":"https://doi.org/10.30659/LDJ.3.2.175","url":null,"abstract":"With the enactment of Act No. 11 of 2020 concerning Job Creation, Act No. 32 of 2009 concerning Environmental Protection and Management underwent changes, so that one of the main changes is community participation in the process of preparing the Environmental Impact Analysis (AMDAL) document. This article examines community participation in the preparation of the AMDAL document based on the Job Creation Act according to the concept of community participation by Arnstein. With a normative juridical approach, it can be concluded that community participation in the preparation of AMDAL documents according to the Job Creation Law is included in the second level (Tokenism) meaning that public participation is limited in the form of submitting suggestions, opinions and responses but there is no guarantee that the opinions expressed will be considered in decision-making.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86982183","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 against the Criminal Action of Little Theft","authors":"Ahmad Faisol, Anis Mashdurohatun.","doi":"10.30659/ldj.2.4.647-657","DOIUrl":"https://doi.org/10.30659/ldj.2.4.647-657","url":null,"abstract":"This study aims to identify and describe law enforcement against minor theft crimes based on Perma No. 2 of 2012. This study uses a normative juridical approach, which is descriptive and analytical in nature. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that law enforcement against minor theft crimes based on Perma No.2 of 2012 is carried out by judges by imposing fines from the general minimum limit to the specific maximum that has been adjusted, depending on the judge's discretion to consider the ability of the defendant and the economic conditions of the local community. There is an adjustment in the amount of the fine, then the problem of the value of the criminal penalty which is felt to be too low will be resolved, and the punishable fines that are threatened will be more in accordance with the development of the community. Imposing a fine for the perpetrator of minor theft will be more beneficial, both for the perpetrator, the community and the state itself, while for the victim, they will also receive justice.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88828569","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":"Evidence System of Counting Elements of State Loss Against Corruption Criminal Actions in Indonesian Criminal Jurisdiction System","authors":"M. Bagaskoro, Jawade Hafidz","doi":"10.30659/ldj.2.4.619-625","DOIUrl":"https://doi.org/10.30659/ldj.2.4.619-625","url":null,"abstract":"This study seeks to answer the problem of what is the legal problem in the process of proving the calculation of elements of the State Financial Loss on Corruption? And what is the solution to legal problems in Evidence of Calculation of Elements of State Financial Losses on Corruption in the Criminal Justice System? Research for is normative research. Based on the research, it can be concluded that the problems of the legal system are related to the substance of the law in law enforcement on corruption which is detrimental to state finances and problems in the legal system related to the legal structure in law enforcement in criminal acts of corruption that are detrimental to state finances.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80811490","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":"Role of Political Parties in Public Policy Decision","authors":"Chaerul Umam, Widayati Widayati, Rakhmat Bowo Suharto","doi":"10.30659/ldj.3.1.154-161","DOIUrl":"https://doi.org/10.30659/ldj.3.1.154-161","url":null,"abstract":"This research aims to analyze the ability of the role of political parties in determining public policies, and also to analyze suitable solutions to be implemented. This research approach method uses normative juridical. The specification of this research uses qualitative analytical descriptive, and the source material uses primary and secondary legal materials, and uses the theory of democracy, the theory of rule of law, the theory of political parties, and the theory of public policy. Based on the research, it can be concluded that the problem arises with the existence of party power that is too strong in all elements, for example in parliament where there is a recall right from a political party which is not based on the cadre's performance in parliament but based on the policy the cadre takes is not a party policy. Improving the internal system is a step that must be taken to improve the party system, because like the explanation in the third discussion that the strengthening of political party internal regulations should make the democratic system run better, the fact is that research on political party regulations is quite good, but it is necessary. There is an emphasis and realization of these regulations that are often not carried out by the parties themselves.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77906723","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":"Public Services in Election of Regional Chairman","authors":"Evy Yuliati, Widayati Widayati","doi":"10.30659/ldj.3.1.19-29","DOIUrl":"https://doi.org/10.30659/ldj.3.1.19-29","url":null,"abstract":"The purpose of this article is to describe the form of implementation or public services in regional head elections. This problem is related to several related theories, such as constitutional law theory, democratic law theory, people's sovereignty law theory. This article also discusseslaw and public policies implemented in the elections in Indonesia. MethodThe research used in writing this article is a type of normative legal research. The results of the study indicate that legal theory and public policy are needed in Indonesia. This is done as a basis for implementing democratic practices. The form of implementing laws in constitutional theory is that the KPU establishes KPU Regulations and KPU Decrees in the implementation of Pilkada and provides solutions to problems of implementing law that are contrary to KPU regulations. The mechanism is if there is a PKPU which is deemed contrary to the Election Law, then the examination will be carried out at the Supreme Court in accordance with the provisions in Article 9 paragraph (2) of Act No. 12 of 2011. The implementation of the theory of democratic law in Indonesia is by holding general elections to elect leader, starting from the regional level to the national level. These activities are carried out in order to realize the government system that the people want. The implementation of the theory of popular sovereignty in the Pilkada is the determination of the victory of a candidate for regional head which is determined based on the number of valid votes based on applicable law. The theory of sovereignty also contributes to implementing a democratic system through the principles of people's sovereignty. The conclusion from this research is that the theories that play a role in the implementation of the Pilkada include the theory of democracy, the theory of the constitution, and the theory of people's sovereignty. The three theories are interrelated to support the implementation of Pilkada in accordance with democratic principles. In addition, there are three levels of public policy, namely macro, meso, and micro public policies.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87466172","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":"State Implementation of Welfare Law on Implementation of Human Rights in Local Governments","authors":"Agus Hamzah, Rakhmat Bowo Suharto","doi":"10.30659/ldj.3.1.100-105","DOIUrl":"https://doi.org/10.30659/ldj.3.1.100-105","url":null,"abstract":"The purpose of this study is to determine the indicators of the realization of the welfare state law through development program documents. The approach method used is normative juridical. The conclusion of this research is that the welfare law state is often referred to as a modern law state in a material sense in the sense that the state or government is not merely the guardian of security or public order, but is the main bearer of the responsibility to realize social justice, public welfare, and as much prosperity people. As the social contract theory put forward by John Locke, and also Rousseau, which states, that the state obtains power from citizens as the holder of sovereignty solely to respect, protect and fulfill the human rights of citizens, implemented according to the Basic Law, the embodiment of the welfare state stated in the preamble to the 1945 Constitution, namely protecting the entire Indonesian nation and all Indonesian bloodshed and to promote public welfare, educate the nation's life and participate in implementing world order, This national goal contains the vision of the Indonesian people in the field of human rights and subsequently brought down in the vision and mission stated in the Regional Long-Term Development Plan (RPJPD) and the Regional Medium-Term Development Plan (RPJMD) which contain the vision and mission which can be an indicator of the realization of a welfare state law.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82115232","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":"Development of Democracy & Phenomenon of Single Candidate in Regional Election (Pilkada)","authors":"Sarno Wuragil, Widayati Widayati","doi":"10.30659/ldj.3.1.120-129","DOIUrl":"https://doi.org/10.30659/ldj.3.1.120-129","url":null,"abstract":"This study aims to answer the problem. What are the factors that cause the emergence of a single candidate in the 2020 Regent and Deputy Regent Election in Wonosobo, what are the obstacles in the regeneration of political parties in Wonosobo Regency? And What is the relationship between a single candidate for regional head elections with the development of Indonesian democracy? This research method uses a juridical-empirical approach. Based on the research, it can be concluded that the Election of Regent and Deputy Regent in Wonosobo Regency is only able to carry one candidate pair. Juridical factors underlie the existence of a single candidate pair. This is due to the constraints on regeneration by political parties which are said to be sudden and the traditional system of selecting candidates. This effect has a significant impact on the quality of democracy in Wonosobo Regency.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75140695","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":"Suspension of Detention of Suspects in Framework of Realizing Human Rights Protection","authors":"Fitriani Akrima, Jawade Hafidz","doi":"10.30659/ldj.3.1.106-113","DOIUrl":"https://doi.org/10.30659/ldj.3.1.106-113","url":null,"abstract":"The purpose of this research is 1) To find out and analyze the detention suspension process for suspects at the Bogor Police; 2) To find out and analyze about suspended detention to realize the protection of human rights, and to find out and analyze the obstacles in the implementation of suspension of detention and efforts to overcome them. The approach method used is Sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. This research was analyzed using the theory of law enforcement, human rights and justice. The conclusion of this research is that the process of detention of a suspect at the Bogor Police is given to a suspect who has committed a criminal act and is carried out by the investigator, where the suspect in a criminal case filed strong and accountable reasons a request or request for a suspension of detention which can later be used as a basis for consideration and in accordance with Article 31 of the Criminal Procedure Code it has been stated that the suspension is carried out based on stipulated conditions, namely compulsory reporting, not leaving the house or not leaving the city.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82022071","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 of Governor as Vice of Central Government in Regional Regulatory Oversight Regional Tax & Regional Retribution","authors":"M. Rois","doi":"10.30659/ldj.3.1.114-119","DOIUrl":"https://doi.org/10.30659/ldj.3.1.114-119","url":null,"abstract":"This study aims to discuss and analyze the role of the Governor as the Representative of the Central Government in the supervision of Regional Regulations on Regional Taxes and Levies in accordance with Act No. 23 of 2014 concerning Regional Government. The research method uses normative juridical. The results show that the mechanism carried out by the Governor as the Representative of the Central Government is the supervision of Regency Regional Regulations concerning Regional Taxes and Regional Retributions according to Act No. 23 of 2014 which prioritizes the evaluation aspects of the draft District/City Regional Regulations concerning Regional Taxes and Regional Levies before obtaining approval .","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"234 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74105574","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}