2 research outputs found

    CRIMINAL LIABILITY OF PT. AGTIKA DWISEJAHTER DUE TO THE LACK OF PERMIT RESULTING IN ENVIRONMENTAL DAMAGE IN THE PASEBAN-JEMBER AREA

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    The purpose of this study is to analyze the criminal liability that must be borne by PT. Agtika Dwisejahter as a result of conducting mining activities without the appropriate permit, which has led to environmental damage. This research also examines the impacts on the environmental and economic sectors arising from the unauthorized mining activities carried out by PT. Agtika Dwisejahter. The normative legal research method is used to analyze various legal regulations related to criminal liability in this case, including environmental protection laws and mining laws. Additionally, this research utilizes literature studies to gather relevant information and data regarding the environmental and economic impacts of illegal mining activities. The research findings indicate that PT. Agtika Dwisejahter is criminally responsible for conducting mining activities without the necessary permit, resulting in environmental damage. The study identifies various criminal sanctions that can be imposed on the company, including fines, revocation of permits, or criminal prosecution against individuals responsible within the company. Furthermore, the research reveals the negative impacts caused by PT. Agtika Dwisejahter's illegal mining activities on the environmental and economic sectors. These impacts include ecosystem destruction, land degradation, and the loss of livelihoods for local communities. Such consequences have a detrimental effect on the environmental and economic sectors, leading to a decline in the quality of natural resources and a decrease in economic development potential in the affected area. This research contributes to understanding the importance of criminal accountability for illegal mining actors in efforts to protect the environment and prevent negative impacts on the environmental and economic sectors. The resulting recommendations include stricter law enforcement against illegal mining violations, strengthening monitoring and enforcement of mining permits, as well as active participation from the community in environmental protection and monitoring of mining company activities

    Keabsahan Akta Notaris Memuat Klausula Nominee dalam Transaksi Peralihan Hak Atas Tanah Untuk Kepemilikan Tanah Orang Asing: Studi Putusan Nomor (259/PDT.G/2020/PN.GIN)

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    The nominee agreement involves David John Lock and Ann Lilian Lock (Plaintiffs I and II) from Australia with Anak Agung Gede Oka Yuliartha (Defendant) concerning the transfer of funds amounting to AUD 860,000 for the purchase of land and the construction of Villa Puncak Bukit in Bali. Notary Anak Agung Bagus Putrajaya is involved in the creation of the nominee agreement deed. This study focuses on the notary's accountability in addressing challenges in the practice of nominee name lending by evaluating the notary's role as a property transaction supervisor and a public official who creates nominee deeds. The ownership of land by foreigners, often resulting in the practice of nominee agreements to circumvent restrictions on land ownership by foreigners. The notary, as a party involved in the deed creation, bears responsibility in civil, criminal, and administrative aspects. Errors in the nominee agreement can lead to its cancellation and legal consequences. Therefore, the notary needs to be cautious and ensure that every agreement made complies with applicable legal requirements, especially those related to legitimate objects and causes. In the context of the relationship between parties, the nominee agreement demonstrates a reciprocal nature between the involved parties, with the fulfillment of obligations as a performance. However, the characteristics of lastgeving indicate the dominance of the grantor, which can impact the enforceability of the agreement
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