International Journal of Law, Environment, and Natural Resources https://injurlens.bdproject.id/index.php/injurlens <p>International Journal of Law, Environment and Natural Resources ISSN 2828-9137 (Print) 2776-4974 (Online) is an international, scholarly open-access journal on the topic of law, environment, and natural resources. It publishes reviews and regular research papers and there is no restriction on the length of the papers. Our aim is to encourage scientists to publish their research in as much detail as possible, whether theoretical, empirical, or experimental. </p> Scholar Center en-US International Journal of Law, Environment, and Natural Resources 2828-9137 <p>Injurlens is licensed under a <a href="http://creativecommons.org/licenses/by-nc-sa/4.0/">Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License</a></p> <p>Articles in Injurlens are Open Access articles published under the Creative Commons CC BY-NC-SA License This license permits use, distribution and reproduction in any medium for non-commercial purposes only, provided the original work and source is properly cited. Any derivative of the original must be distributed under the same license as the original.</p> Responsibility of Local Governments in Fulfilling the Right to Food https://injurlens.bdproject.id/index.php/injurlens/article/view/78 <p>Government Regulation Number 17 of 2015 concerning Food Security and Nutrition states that the Provincial Government, Regency/City Government, and/or Village Government implement policies and are responsible for the implementation of food security in their respective regions. Food security must be prioritized, and support from the Local Government and the Central Government in maintaining food security is important to prevent food crises. This study aims to analyze the policy of the Regional Government in managing food needs and providing food reserves so as to provide protection for the fulfillment of the right to food in South Kalimantan. Through socio-juridical research methods (socio-legal) using an interdisciplinary or "hybrid" approach between aspects of normative legal research through sociological approaches using qualitative analysis methods, it will be possible to observe the compatibility between das sollen and das sein, namely the integrity of a detailed and careful explanation of legal issues between law in book and law in action. As a form of responsibility, the Provincial Government of South Kalimantan has stipulated Regional Regulation and Regency/City Regulation as well as Regent/Mayor Regulation related to food as a legal basis in making policies/programs/activities related to food management and also providing food reserves so that communities are protected and the rights to their food are fulfilled both in quantity, quality, safe, diverse, nutritious, equitable and affordable. The regulation made is also should not contrary to the religion, beliefs, and culture of the community, so that the community and the individuals are able to live healthy, active, and productive sustainably. The government is also coordinating the agencies/SKPD Regional Government both vertically and horizontally, and carrying out cooperation about this matter with other regions.</p> <p>&nbsp;</p> Mulyani Zulaeha Lies Ariany Rahmat Halim Sapoetra Nabilla Nurrosyifa Azzahra Copyright (c) 2023 Mulyani Zulaeha https://creativecommons.org/licenses/by-nc-sa/4.0 2023-10-05 2023-10-05 3 2 175 188 10.51749/injurlens.v3i2.78 Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan https://injurlens.bdproject.id/index.php/injurlens/article/view/82 <p><em>Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.</em></p> Anang Shophan Tornado Soffyan Angga Fahlani Nur Khalis Alfath Nur Aida Noor Fidhiatun Nisa Risna Copyright (c) 2023 Anang Shophan Tornado https://creativecommons.org/licenses/by-nc-sa/4.0 2023-10-11 2023-10-11 3 2 189 201 10.51749/injurlens.v3i2.82 Independence of Judges In Imposting Community Service Criminals In Child Criminal Cases https://injurlens.bdproject.id/index.php/injurlens/article/view/73 <p><em>Children are the next generation of the nation, where a child who is involved in a crime must still be protected by the state. The imposition of a community service crime is an alternative type of punishment to a crime of deprivation of liberty or imprisonment which has the aim of preventing children from the negative effects of applying prison sentences. After the birth of Government Regulation Number 58 of 2022 concerning Forms and Procedures for Implementation of Crime and Actions Against Children, there are several obstacles such as the inconsistency of these regulations with the The Juvenile Justice System Law and the Judicial Powers Law, which gives rise to the independence of judges in deciding juvenile criminal cases, besides this it is still the limited resources of competent judges and the lack of infrastructure are obstacles to imposing community service crimes for child cases. The thesis will discuss what are the obstacles in making community service decisions and how to overcome these obstacles. This research method uses normative juridical research methods, which use a qualitative approach. Furthermore, it is known that there is a need for normalization of the implementing regulations for the Juvenile Justice System Law, training for Judge Resources through certification, and the importance of The Ministry of Law and Human Rights having an MOU with government and private institutions for the certainty of community service criminal places for judges in deciding cases.</em></p> Sarai Dwi Sartika Copyright (c) 2023 Sarai Dwi Sartika https://creativecommons.org/licenses/by-nc-sa/4.0 2023-10-03 2023-10-03 3 2 202 212 10.51749/injurlens.v3i2.73 Problems of Mangrove Forest Deporestation with the Status of Other User Areas for the Development of Residential Areas and Pond Activities in Kotabaru Regency From A Criminal Perspective https://injurlens.bdproject.id/index.php/injurlens/article/view/79 <p>The purpose of carrying out this journal is to find out that deforestation of mangrove forests in Kotabaru Regency carried out by the community is an environmental crime and they want to know the sanctions that can be imposed on perpetrators of mangrove forest deforestation in Kotabaru Regency which cause damage to the mangrove forest ecosystem.</p> <p>The results of this writing are that the act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is caused by the local government's RTRWK inventory process being less than thorough because there are still mangrove forests that are included in residential areas and fisheries cultivation areas. Furthermore, the act of mangrove deforestation is a criminal act of environmental destruction because it pollutes and destroys the surrounding environment, destroying mangrove forests, and destroying the mangrove ecosystem.</p> <p>Normative research type, doctrinal legal research type using philosophical thinking by finding a concept, research approach, statutory approach, and conceptual approach. Prescriptive nature of research types and primary secondary and tertiary research.</p> <p>There are still mangrove forest plants based on the author's research which are located on the sea coast of Silver Street, Semayap Village, Kotabaru Regency which extends to the Semayap Village housing complex which is a residential area in the RTRWK Kotabaru Regency is located in a residential area, so the author can conclude that the regional government's inventory process in the RTRW process is not thorough enough and the need for the RTRWK to be revised again, as well as the sea coast area, city boundaries, the village of Stagen District. Kotabaru with the presence of fish and shrimp ponds included in the RTRWK for cultivation areas, the writer can conclude that the regional government inventory process in the RTRW process is not thorough enough and the RTRWK needs to be revised again so that the writer concludes that the local regional government is also responsible for the deportation carried out by residential business actors. and pond cultivation on the side of Silver Street, Semayap Village, Kotabaru Regency up to the Semayap housing complex as well as fish pond cultivation on the coast at the city limits of Stagen Village, Kec. North Sea Island District. new city. The current impact is that this location often floods when the sea water is at high tide. The act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is an environmental crime. Sanctions that can be imposed on the perpetrators are Article 98 paragraph (1) of the Law of the Republic of Indonesia Number 32 of 2009 concerning Protection and Management of the Environment Article 35 Letter e of the Republic of Indonesia Law Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and article 73 letter b of Law of the Republic of Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the regional government should be asked for criminal liability in article 112 and article 113 UUPPLH.</p> Kity Tokan Kity Muhammad Erham Amin Ahmad Syaufi Mispansyah Copyright (c) 2023 Kity Tokan Kity, Muhammad Erham Amin, Ahmad Syaufi, Mispansyah https://creativecommons.org/licenses/by-nc-sa/4.0 2023-10-09 2023-10-09 3 2 213 231 10.51749/injurlens.v3i2.79 Examination of Parties to Electronic Litigation in the Religious Courts https://injurlens.bdproject.id/index.php/injurlens/article/view/74 <p><em>Electronic courts provide convenience to justice seekers starting from registration, summons, and trial proceedings. On the other hand, electronic trials will also have implications for the effectiveness and efficiency of the litigation process, so that not much time is wasted and costs are not incurred. However, it is interesting to analyze in fact that in Supreme Court Regulation Number 7 of 2022 the author does not find any rules governing the procedures for examining one of the litigants who do not agree to conduct electronic trials, in the case of electronic trials (e-Litigation) Court Regulations Agung Number 7 of 2022 only regulates the exchange of response documents, replicas and duplicates from the parties electronically as well as arrangements for examining witnesses or experts which can be carried out remotely through electronic audio-visual communication media. So a party who refuses an electronic trial is deemed not to have exercised his rights so this is detrimental to that party, there is no procedure available for that party to continue to exercise his rights.</em></p> A. Rizqon Faghfirli Copyright (c) 2023 A. Rizqon Faghfirli https://creativecommons.org/licenses/by-nc-sa/4.0 2023-10-05 2023-10-05 3 2 232 242 10.51749/injurlens.v3i2.74 Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law https://injurlens.bdproject.id/index.php/injurlens/article/view/60 <p>This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).</p> Shandra Monikasari Moh. Muhibbin Hanafi Arief Copyright (c) 2023 Shandra Monikasari, Moh. Muhibbin, Hanafi Arief https://creativecommons.org/licenses/by-nc-sa/4.0 2023-12-08 2023-12-08 3 2 243 250 10.51749/injurlens.v3i2.60 Granting Of Criminal Sanctions Against Children Consumpting Narcotics https://injurlens.bdproject.id/index.php/injurlens/article/view/57 <p>This research aims to describe the regulation of Narcotics criminal acts according to positive law in Indonesia and those responsible for criminal sanctions against children who use Narcotics according to Law Number 35 of 2009 concerning Narcotics’ This research is normative legal research, descriptive in nature, statutory approach, consisting of primary, secondary and tertiary legal materials. Qualitative analysis is carried out systematically in order to get answers to problems. The results of the study stated that the regulation of narcotics crimes began with Law No. 9 of 1976 which prohibited the manufacture, storage, distribution and use of narcotics. Then Law No. 22 of 1997 with a wider scope, the criminal threat is made worse in the form of the death penalty. Then Law no. 35 of 2009, prohibits possessing, storing, controlling or providing Narcotics and Narcotics Precursors; the act of producing, importing, exporting, or releasing Narcotics and Narcotics precursor; acts in the form of offering to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over Narcotics and Narcotics precursors; and acts in the form of bringing, sending, transporting or transiting Narcotics and precursors. Criminal sanctions for children who use Narcotics are regulated in Law No. 3 of 1997 concerning Juvenile Courts and Law No. 35. Children who commit Narcotics crimes can be sentenced under Article 127 of Law No. 35 of 2009 in conjunction with Article 22 of Law No. 3 of 1997 amended to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Prison sentence that can be written off for Narcotics children is no longer than ½ (one half) of the maximum prison sentence for adults.</p> Elche Angelina Ediwan Budi Parmono Moh. Muhibbin Copyright (c) 2023 Elche Angelina Ediwan, Budi Parmono, Moh. Muhibbin https://creativecommons.org/licenses/by-nc-sa/4.0 2023-12-08 2023-12-08 3 2 251 261 10.51749/injurlens.v3i2.57 Juridical Analysis Of Doctors' Responsibilities For Malpractic Action https://injurlens.bdproject.id/index.php/injurlens/article/view/59 <p>This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.</p> M. Rizky Fernandez Moh. Muhibbin Hanafi Arief Copyright (c) 2023 M. Rizky Fernandez, Moh. Muhibbin, Hanafi Arief https://creativecommons.org/licenses/by-nc-sa/4.0 2023-12-08 2023-12-08 3 2 262 274 10.51749/injurlens.v3i2.59 Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia https://injurlens.bdproject.id/index.php/injurlens/article/view/92 <p>The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.</p> herry Rosadi Moh. Muhibbin Hanafi Arief Copyright (c) 2023 herry Rosadi, Moh. Muhibbin, Hanafi Arief https://creativecommons.org/licenses/by-nc-sa/4.0 2024-02-02 2024-02-02 3 2 275 287 10.51749/injurlens.v3i2.92