Ganesha Law Review

JURIDICAL REVIEW OF LEGAL PROVISIONS FOR THE IMPLEMENTATION AND UTILIZATION OF THE CONVERSION OF FOREST LAND INTO CAPITALISTS-ORIENTED PLANTATIONS

2024-11-08T09:48:45+08:00

This research aims to find out how the legal provisions for the implementation and use of land conversion into plantation forests are capitalistic oriented. This research uses a normative juridical research method with a type of approach, namely a statutory and regulatory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The results of the research show that the conversion of forest land into plantation land is stated in Government Regulation Number 64 of 1957 concerning Forestry Deregulation, Law Number 5 of 1967 concerning Forestry and was later replaced by Law Number 41 of 1999. In its implementation the existing regulations It turns out that this has not been rooted in the legal ideology, social system and political system of the constitution, and the Basic Agrarian Principles regulations. It seems that the use of forests that is managed and oriented towards capitalists cannot be used as a measure of the government's success in economic development, considering that there are still many inequalities and problems that have occurred so far. Considering the negative impacts rather than the function of land which is increasingly expanding and wasted.

Effectiveness of Criminal Law Enforcement on Hazardous and Toxic Waste Pollution (B3)

2024-11-08T09:55:48+08:00

This study aims to determine how the implementing legal provisions and utilization of forest land conversion into plantations are oriented towards capitalism. This study uses a normative legal research method with the types of approaches, namely the legislative approach and the conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials, obtained by conducting a literature study. The results of the study indicate that law enforcement against violations related to B3 waste still faces various significant obstacles. One of the main obstacles is the weak supervision by the responsible authorities, such as the Ministry of Environment and Forestry and related agencies at the regional level. Suboptimal supervision is often caused by limited human resources and technology that supports the monitoring process of companies or industries that produce B3 waste. This causes some violations to go undetected or not followed up properly. In addition, limited law enforcement facilities and infrastructure are also inhibiting factors. The lack of adequate laboratories to test waste samples, obsolete environmental quality monitoring equipment, and minimal budget to support supervision and investigation operations causes the effectiveness of law enforcement to be low. Law enforcers such as police, prosecutors, and judges who handle environmental cases often do not have sufficient knowledge or technical expertise about the impacts and characteristics of B3 waste, so that the case handling process does not run optimally.The sanctions given to perpetrators of pollution have also not provided a sufficient deterrent effect.

Legal Review of Justice in Occupational Safety and Health Protection

2024-11-08T09:59:26+08:00

This study aims to determine how the implementing legal provisions and utilization of forest land conversion into plantations are oriented towards capitalism. This study uses a normative legal research method with the types of approaches, namely the legislative approach and the conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials, obtained by conducting a literature study. The results of the study indicate that Occupational Safety and Health (OHS) is an integral part of the protection of workers' rights, aims to create a safe and healthy work environment, and prevent work accidents and occupational diseases. In the Indonesian context, OHS is regulated through various legal instruments such as Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, and other derivative regulations that explain the standards and guidelines for the implementation of OHS. In addition, Indonesia has also ratified a number of international conventions from the International Labor Organization (ILO) which emphasize the importance of OHS protection for every worker. However, in its implementation, OHS regulations in Indonesia still face various challenges that lead to injustice in the protection of workers. Workers in the formal sector, especially those working in large companies, tend to get better OSH protection because the companies have sufficient resources to comply with existing regulations. In contrast, workers in the informal sector and small and medium enterprises (SMEs) often face more vulnerable situations, where OSH protection is minimal or even non-existent.

PENEGAKAN DISIPLIN PELAKU PELANGGARAN KODE ETIK KEPOLISIAN NASIONAL TIMUR LESTE SEBAGAI WUJUD PEMBINAAN APARATUR KEPOLISIAN NEGARA YANG TAAT HUKUM

2024-11-20T12:23:55+08:00

The enforcement of law carried out by the National Police of Timor-Leste in performing its state duties encompasses maintaining public security and order as a form of providing protection, guidance, and service to the community. This research aims to identify the factors causing members of the National Police of Timor-Leste in Baucau Municipality to abandon their duties and violate the code of ethics. The study employs an empirical juridical approach. The findings indicate that the application of sanctions for violations of the code of ethics within the National Police of Timor-Leste is based on prevailing laws and regulations. Over five years, punishments included verbal reprimands for 32 officers, written reprimands for 21 officers, and suspension from duty for 12 officers.