Each year, environmental pollution and damage is always increasing and tends to be out of control. The use of administrative and civil sanctions is considered ineffective, however to implement criminal sanctions is still difficult. Therefore, the purpose of this study is to analyze the regulation of criminal offense in Law No. 32 of 2009, factors that influence the enforcement of environmental crime, and the projection of enforcement of environmental crime in the Criminal Code Bill. The research showed that in Law no. 32 of 2009 some offense formulated as material offenses and some others constituted formal offenses, some provisions were formulated in ultimum remedium, and a small part in primum remedium. There are factors that influence law enforcement of environmental crime which actually becomes a weakening factor in terms of legal structure, legal subtance and legal structure. However, the legal substance of the Criminal Code Bill may weaken enforcement of environmental criminal law in the future.
Begal, a criminal action in Banyumas committed by offenders with violent and new operandi mode create unrest in society. Critical problem lies in the lack of a comprehensive approach in the science of criminology and victimology approach to find the root of the cause and countermeasures consistently correlated with the cause. This study used a qualitative sociologic juridical approach. The focus of the study are the factors that influence the occurrence of crime robber, and mitigation in Banyumas Police, which is done by using the approach of criminology, victimology and police functions. Factors that influence the occurrence of crime robber in Banyumas Police in criminology perspective is the economic factor, social environmental offender, the crime scene as possible, the impersonation of evil robber in other regions (including the role of the media), and the persistence of the fence. As in the perspective of victimology is a behavioral factor victim, victim's biological and psychological weaknesses, and situation. Begal crime prevention that has been done in Banyumas Police comprehensive enough that prevention is pre-emptive, preventive and repersif. However, there are still some obstacles in its implementation so that the expected duties and functions of the police in tackling crime needs to be improved.
Restorative justice in the investigation is carried out by using the penal mediation method which provides an opportunity for the Victim and the Perpetrator in a participatory way to formulate a peace agreement facilitated by the Investigator. Penal mediation comes from civil mediation with problems in the process of drafting an agreement which must be ensured that it comes purely from the Parties. This research is a socio legal research conducted at the Directorate of General Criminal Investigation of the Regional Police of Central Java and the Indonesian Advocates Association of the Semarang Branch of the Leadership Council with the methods of interviewing, observing, and reviewing case files. This research examines two problems: how the process of preparing a penal mediation agreement fits into the application of restorative justice at the investigation stage, and how to supervise the implementation of a penal mediation agreement at the investigation stage. The results of the study show that the penal mediation agreement was prepared by the Parties themselves, facilitated by the Investigator, but did not involve the community so that the orientation of returning to social harmonization was not felt.
The portrait of legal protection for the environment so far has not been oriented to the needs of the environment itself as a victim. As a result, the responsibility of perpetrators of environmental crimes has not been aimed at recovering the damage caused. This study aims to determine the legal protection against environmental damage from the perspective of green victimology. This research was conducted using a normative juridical approach, with a statutory and conceptual approach. The conclusion of this study is that the legal protection of the environment from the perspective of green victimology seeks to place the environment as a victim. Therefore, it is necessary to base it on two aspects of protection, namely preventive and repressive protection. Preventive protection emphasizes the prevention aspect so that an educational approach is needed, there is a need for a monitoring system for potential activities at the community level, to the reconstruction of criminal law, namely the expansion of the principle of strict liability in environmental crimes and placing recovery as the main criminal sanction. Meanwhile, repressive protection emphasizes efforts to take action against damage through strengthening the synergy of law enforcement officers, which are oriented towards restoring environmental damage.
This study is discussed about the mediation mechanism based on the local wisdom in Banyumas and factors inhibiting in the implementation. This study used a qualitative sociological juridical approach. The results showed that the mechanism for the resolution of criminal cases through mediation based on the value of local wisdom in Banyumas can be done outside and within the criminal justice, while still empowering the use of social network mediator. The mediation mechanism outside the criminal justice is done when the criminal case has not been reported or filed to the police, while the mechanism in the criminal court is done when a criminal case has been reported or filed with the police, and each of these mechanism has a sequence of stages. Meanwhile, the voluntary mediation became the first and man choices of Banyumas people. Inhibiting factors in the implementation of the mediation is primarily related to substantial and cultural components.
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