Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia https://jurnal.seaninstitute.or.id/index.php/Jhui <p>Jurnal Dalihan Na Tolu merupakan jurnal ilmiah yang berfokus pada bidang Ilmu Hukum, Politik, dan Komunikasi. Ruang lingkup jurnal ini meliputi kajian dalam bidang Hukum, Politik, dan Komunikasi. Jurnal ini diterbitkan secara berkala dua kali dalam setahun, yaitu pada bulan Juni dan Desember, oleh SEAN Institute. Dewan redaksi mengundang para akademisi, peneliti, aktivis, dan mahasiswa untuk mengirimkan naskah ilmiah yang sesuai dengan ruang lingkup Jurnal Dalihan Na Tolu.</p> SEAN Institute en-US Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia 2963-9700 Reconfiguring Sanctions for Environmental Crimes Through the Application of Deferred Prosecution Agreements (DPAS) to Corporations Under Law Number 1 Of 2023 Concerning the Indonesian Criminal Code https://jurnal.seaninstitute.or.id/index.php/Jhui/article/view/815 <p>The reform of Indonesia’s criminal law through Law Number 1 of 2023 on the Criminal Code reflects a significant shift in the orientation of punishment. Punishment is no longer viewed solely as a means of retribution, but also as an instrument of corrective, restorative, and rehabilitative justice. This shift is particularly important in the context of environmental crimes, as corporate environmental offenses generally cause extensive, systemic, and long-term harm to ecosystems as well as to surrounding communities. Although Law Number 32 of 2009 on Environmental Protection and Management has recognized corporate criminal liability and provides for additional penalties and corrective measures, its sanctioning framework still faces several problems, particularly the predominance of a retributive approach, the lack of integration of ecological restoration into the core of punishment, and the difficulty of establishing corporate fault. This article addresses two main issues. First, how is the sanctioning framework for corporate environmental crimes regulated under Law Number 32 of 2009 and Law Number 1 of 2023 on the Criminal Code? Second, what model of Deferred Prosecution Agreement (DPA) may appropriately be applied to reconfigure sanctions for corporate environmental crimes without undermining the principle of criminal liability? This study is normative legal research employing statutory, conceptual, and, to a limited extent, comparative approaches. The research relies on primary and secondary legal materials, which are analyzed qualitatively through a descriptive-analytical method. The findings show that the current sanctioning framework has not yet been fully capable of addressing the need for prompt, concrete, and measurable restoration of environmental harm. While the 2023 Criminal Code strengthens the legal basis for attributing criminal liability to corporations, it does not automatically resolve the problem of effective ecological recovery. In this context, a DPA may be considered as a model for reconfiguring sanctions, provided that it is designed in a strict and accountable manner, requiring formal acknowledgment of governance failure, measurable environmental restoration obligations, concrete recovery for affected communities, disgorgement of unlawfully obtained profits, and internal corporate compliance reform. With such a design, a DPA should not be understood as a form of penal leniency, but rather as a legal mechanism that places ecological restoration and corporate governance reform at the center of the criminal law response to environmental offenses.</p> Galih Saptriono Nugroho Copyright (c) 2026 Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia 2026-04-23 2026-04-23 4 02 122 129 A Legal Analysis of Copyright Holders of Digital Music Works in Cases of Piracy Under Law No. 28 of 2014 on Copyright https://jurnal.seaninstitute.or.id/index.php/Jhui/article/view/839 <p>This study examines the legal protection of digital music copyright holders in the context of piracy under Law Number 28 of 2014 concerning Copyright. The main issues studied are how this legal protection is implemented in the ever-evolving digital landscape and what factors contribute to the prevalence of digital music piracy. The research method used is normative legal analysis with a legislative approach and case studies. Data were collected through a literature review, focusing on primary legal materials such as Law Number 28 of 2014 concerning Copyright, Supreme Court decisions, and jurisprudence related to digital music copyright, as well as secondary legal materials such as books and legal journals. The findings indicate that Law Number 28 of 2014 provides comprehensive legal protection for digital music copyright holders, including exclusive rights to publish and reproduce works, as well as economic and moral rights. The factors causing piracy are multidimensional, encompassing technology, socio-cultural aspects, economics, and weaknesses in law enforcement. This study recommends strengthening digital monitoring mechanisms, increasing legal sanctions, and improving public education to create a fair and sustainable digital music ecosystem.</p> Nofida Buulolo Ismayani Ismayani Taufika Hidayati Copyright (c) 2026 Dalihan Na Tolu: Jurnal Hukum, Politik dan Komunikasi Indonesia 2026-04-28 2026-04-28 4 02 130 134