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Dhea Ifanda Mantali; Fenty Puluhulawa; Suwitno Yutye Imran

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to determine the role of Law of the Republic of Indonesia No. 32 of 2009 concerning environmental protection and management towards the environment in Tambo'o Village which is experiencing environmental damage and pollution. This article also examines the factors that hinder the implementation of environmental pollution sanctions due to coconut shell burning and the implementation of criminal sanctions for environmental pollution according to Law Number 32 of 2009. In this study, the author uses an empirical legal research method. Namely by directly observing the field to obtain data related to coconut shell burning in Tambo'o Village. This study uses a descriptive approach in analyzing the data obtained. This study was conducted with residents who were selected purposively (sampling). The results of this study indicate that the role of Law of the Republic of Indonesia No. 32 of 2009 concerning environmental protection and management towards the environment in Tambo'o Village has not run according to expectations. And the factors that hinder the implementation of sanctions are due to weak law enforcement and suboptimal law enforcement. Many complaints from residents about the condition of their environment that has been polluted by smoke produced from burning coconut shells and the perpetrators have never been sanctioned by the government because of the lack of community and government participation in reporting cases of environmental pollution around them. The resolution of the deliberation is not good and stops there.    

Nur’ Ain Tomayahu; Suwitno Yutye Imran; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Legislation regarding judicial examination procedures requires forensic experts, article 133 of the Criminal Procedure Code paragraph (1), explains that in the case of an investigator for the purposes of justice regarding a victim who has been injured, poisoned or died allegedly because of an incident which constitutes a criminal act, the judiciary has the authority to submit a request expert information. In medical experts, justice and other experts. Why do you need a forensic doctor? Because it is impossible for investigators, judges, prosecutors to know all the knowledge in the field of medicine which will later be used to deal with criminal cases related to the human body, for example: violence, murder, suicide. With this, the authorities will ask for help from a doctor as an expert witness, the doctor's testimony as an expert witness, the doctor's testimony is regulated by law. In handling murder cases, a forensic autopsy is needed which will provide clear information regarding criminal cases. Accordingly, a forensic autopsy will produce tools that can be used as evidence in deciding a case by a judge. With a forensic autopsy, the cause of a person's death will be known. Therefore, an autopsy is very much needed in the investigation of criminal acts of murder and during the trial process. This research aims to understand the process of proving the criminal act of murder in the Gorontalo District Court with case number 61/PID.B/2023/PN.GTO. and the use of autopsy evidence in the process of proving this research is analyzed normatively, namely research that analyzes the reciprocal relationship between legal facts and social facts which can be seen as independent variables and social facts as dependent variables. murder that was not accompanied by an autopsy.