International Journal of Law, Environment, and Natural Resources

Application Of Electronic Evidence As Extension Of Legal Civil Evidence Divorce Cases In Indonesia

Amelia Sukmasari — 2024-04-05

Electronic evidence serves as a crucial component in civil trials, such as divorce cases, offering comprehensive proof to sway judges and ensure justice and legal certainty for involved parties. Nonetheless, disagreement persists regarding its classification, whether as supplementary or primary evidence, posing significant questions within formal and material law. This study employs normative juridical legal research, which scrutinizes theories, concepts, legal principles, and statutory regulations pertinent to the subject. Under Article 5(1) of the ITE Law, electronic evidence, including electronic information, documents, and their printouts, is recognized as valid legal evidence, extending the scope of admissible evidence in Indonesia. Formal requirements for electronic evidence, or digital evidence, need not be in written form; printouts are considered presumptive or preliminary evidence. However, material requirements stipulate that digital evidence must guarantee authenticity, integrity, and availability, often necessitating testimony from digital forensic experts. This dual nature of electronic evidence highlights its importance and complexity in contemporary legal proceedings, demanding a nuanced understanding and application within the framework of Indonesian law.

Women's Representation To Establish Anti-Corruption In The Village Government Of Kotaraja, Hulu Sungai Utara

Lena Hanifah — 2024-04-17

The representation of women in village governance, particularly in the Village Consultative Body (BPD), is mandated by Law Number 6 of 2014 concerning Villages. Fulfillment of this mandate becomes a subject of debate when the role is merely symbolic to meet the quota of women in village governance. In this context, the method employed is qualitative analysis, utilizing a socio-legal approach that highlights the complexity of social and legal dynamics influencing women's representation in the Village Consultative Body. The role of female representatives is crucial in enhancing the welfare of rural communities, simultaneously contributing to the realization of a corruption-free village. Additionally, they possess a unique closeness and empathy towards the issues faced by women in their villages, enabling them to gain the trust of the community. Residents of Kota Raja Village also perceive female candidates as being corruption-free and capable of fulfilling their duties and responsibilities, thereby earning trust from their respective neighborhood associations (RT - Rukun Tetangga). This situation is evident in the increased representation of women in the governance of Kota Raja Village, especially in the Village Consultative Body. In the newly elected Village Consultative Body for the period 2023-2029, 50% of its members are women, up from 44%. This figure demonstrates the positive perception of Kota Raja Village residents regarding the importance of women's representation in village governance. However, doubts persist regarding whether women's representation is merely symbolic and whether it reflects sincere efforts to empower women in village governance. Nonetheless, this raises further questions about the skills of female representation in addressing the complex issues faced by rural communities.and application within the framework of Indonesian law.

Juridical Review of Elections Dispute Settlement in Indonesia

Akhmad Zaki Yamani — 2024-04-18

The research on “Juridical Review of Election Dispute Resolution in Indonesia” aims to describe the mechanism of election dispute resolution in Indonesia, and analyze the current weaknesses of election dispute resolution in Indonesia. This is a normative legal research, which examines laws and regulations in an Indonesian legal system that are coherent with written legal values, especially those related to election dispute resolution in Indonesia. The results of the study state that election settlement mechanisms are important to protect the rights of citizens and help determine whether elections are truly a reflection of the will of their citizens, as well as for elections to be considered credible, voters and election contestants must have access to effective election dispute resolution mechanisms. independent, fair, accessible and effective. Weaknesses in the settlement of election disputes that have been carried out so far have not fulfilled a sense of justice because dispute resolution is carried out through the Constitutional Court based on Article 24 C paragraph (1) of the 1945 Constitution, whose authority is then elaborated in Article 10 paragraph (1) of Law (UU) Number 24 2003 concerning the Constitutional Court as amended by Law Number 8 of 2011 (UU MK). Dispute resolution through the Constitutional Court in Jakarta is felt to be very burdensome for election participants because it is not in accordance with the principle of a cheap, fast and efficient trial. Election dispute settlement, which has been carried out for a maximum of 7 (seven) days, begins with the stages of receiving reports, researching, clarifying, conducting studies, and making decisions. The very limited completion time, which is a maximum of 7 (seven) days, can create a sense of injustice for justice seekers, because this short process can lead to haste in the examination which in turn creates a feeling of insecurity.

Status of the Verbalish Witness Recognition to Violence Against Suspects as a Tool of Evidence

Faizal Rahman — 2024-04-19

In the examination of a criminal case trial requires several pieces of evidence as contained in the Criminal Procedure Code called KUHAP, such as: witness statements, expert statements, letters, instructions, and statements of the accused. Verbalized witnesses are not included in the KUHAP, but they often occur in criminal justice practices. This study aims to find out how the position of evidence in Indonesian criminal law and how verbal witness confessions can be used as evidence of criminal acts of mistreatment of suspects. This research is descriptive in nature, with a statutory approach, primary, secondary and tertiary legal materials and qualitative analysis is carried out systematically in order to obtain answers to problems, Witness statements are legal evidence as regulated in Article 184 paragraph (1) of Law Number 8 of 1981 concerning called KUHAP. A verbal witness is an investigative witness who is presented by a judge in a trial because the defendant withdraws the Minutes of Examination called BAP. The presence of this verbal witness was to prove the testimony of the defendant who said that during the investigation the defendant was under pressure or coercion.

Verbal witness statements can be used as a judge's consideration in accepting the reasons for revocation of the BAP carried out by the defendant and the judge's considerations in making a decision. Moreover, verbal witness testimony was taken in a trial.

Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment

Noor Chaidir — 2024-04-29

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches.

The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law.

The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.

Analysis of Leadership Model for Participation of River Guard in the River Waste Management System for Sustainable Healty City in Banjarmasin South Kalimantan, Indonesia

Herawati Herawati — 2024-05-16

(1) Background: Health issues in wetland environmental areas, especially the problem of waste in rivers, is still a strategic issue, so it was important to study about river management. Whatever management, it cannot be separated from the leadership aspect, because leadership plays a key role in formulating and implementing strategies policy, including encourage community participation. Thus, community participation becomes an important thing in integrated river management to create a sustainable Healthy City. One element that is part of the community participation is the river guard. This research was aimed to analyze the leadership model for the participation of river guard in the river waste management system in Banjarmasin City; (2) Methods: The research design used mixed methods research (qualitative and quantitative research methods). The research subjects were 30 river guards and other informants who involved of river waste management in Banjarmasin City; (3) Results: The research results showed that the majority of river guards had good participation, and only a few of river guards had sufficient participation. Furhermore, it was found that the Laissez Faire leadership model or style tends to influence the participation of river guards in the river waste management system in Banjarmasin City; (4) Conclusions: The laissez faire leadership style does not always mean negative, but of course there are positive things or effects, when a leader is able to transform it.

Keywords: community participation; healthy city; leadership model; river waste management

Nusyuz and Domestic Violence in the Perspective of Islamic Law and Positive Law

Mariani Amberi — 2024-07-08

Nusyuz, which is textually understood as a wife who does not obey her husband, does not permit her husband when she wants to leave the house and the permissibility of husbands hitting their wives, which is considered legal by the Qur'an as stated in Q.S. An-Nisa: verse 34, improper interpretation, it leads to physical and psychological violence in the household and leads to disharmony and even triggers divorce. All forms of violence against spouses are not legalized in either the positive legal value system or Islamic law. The purpose of this research is to discover how the concept of nusyuz and alternative solutions to nusyuz are allowed and their handling from the perspective of Islamic law and positive law. This research uses a library research method (normative law), and uses a descriptive analytical research type, and the research results are analyzed qualitatively, by examining existing regulations. Both women and men can commit Nusyuz, a husband can be said to have committed nusyuz if he relinquishes his responsibility towards his wife. Beatings carried out by husbands against nusyuz wives based on surah An Nisa 34, are not freely legalized but only to awaken and return the wife to obedience, not blows that cause pain and even injure. Positive Law contained in Law No. 23 of 2004 concerning Elimination of Domestic Violence is very firm in not allowing beatings and eliminating domestic violence and even criminal sanctions for perpetrators, both husband and wife.