Based on Law No. 35 of 2009 on Drugs Article 113 paragraphs 1 and 2, drug smuggling have long be known as a crime. Indonesia belongs to the one of the target countries with the largest drug market commodity in the Southeast Asia region. The drug trafficking situation in Indonesia is also influenced by the ease of accessibility of circulation by utilizing land and sea routes, especially dominated through the Strait of Malacca.The existence of that activity still occurs. This study seeks to examine what is the factors which make the drug smuggling activities through the Strait of Malacca never completed and how the law works and efforts that have so far been made by the competent authorities to prevent drug transactions by sea. This research uses normative research methods by conducting case studies (case approaches). The results showed that there are two main factors that make drug smuggling activities dominated through the Strait of Malacca due to the strait area as an international transaction route that allows the entry of illegal foreign vessels and the second one, its because the lack of supervision by the authorities due to policy overlap so that the synergy of supervision does not run optimally.
The narrative about the establishment of Law No. 11 of 2020 has been realized through the ratification of The Job Creation Act on November 2, 2020 by President Jokowidodo. The establishment of The Job Creation Act aims to harmonize legislation that has been considered to hinder the investment and development climate. The number of related legislation causes hipper-regulation regulations so it may be ineffective. The existence of The Job Creation Act combines several instruments of law. One of them is the Law of Environmental Protection and Management (UUPPLH) which was originally regulated in Law No.32 of 2009. As for the substance of environmental issues in The Job Creation Act, some of them have been changed, revoked, and replaced with a new provisions, including provisions on the concept of responsibility in environmental law which known as strict liability. The author takes the description of the case of Lapindo Mud which is the case has not been completed until now as an example of the validity of strict liability principles for businesses whose activities cause environmental damage. This research is a normative juridical research with a statue and case approach. The data used is secondary data. The results showed that the concept of strict liability in The Job of Creation Act experienced a dis-orientation of meaning due to the removal of the phrase "without proof of the element of error". Under The Job of Creation Act, in the case of Lapindo Mud, the party subject to have strict liability is Lapindo Brantas Inc. and the government in this case are also responsible for the disaster, but do not assume to the strict liability.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.