scholarly journals BASIC IDEAS FOR DETERMINING DEATH CRIMINAL THREATS IN LAW NUMBER 35 OF 2009 ON NARCOTICS

2019 ◽  
Vol 1 (1) ◽  
pp. 27-40
Author(s):  
Faissal Malik

The basic idea of ​​using the threat of capital punishment against perpetrators of "producers and dealers" regulated by Law Number 35 of 2009 concerning Narcotics as a policy to combat narcotics crime is based on several reasons, including: First, narcotics crimes committed by perpetrators of "producers and distributors "Organized and systematic patterns, because they are carried out with a very sophisticated modus operandi and have networks to circulate and trade for purely economic interests, so it is not easy to uncover and prove it. Second, the circulation and abuse of illicit drug trafficking by perpetrators of "producers and distributors" is a threat that sooner or later gives a serious impact because it destroys young generation, destroys the nation and the state that is not less powerful than criminal acts of terrorism and corruption, due to the fact that arising from narcotics abuse has caused victims of HIV / AIDS and hepatitis, even death among the very young generation. So that the Government of the Republic of Indonesia is of the view that the actions of the perpetrators of "producers and distributors" in producing and distributing narcotics are crimes against humanity, because their actions can destroy humanity slowly but surely.

2013 ◽  
Vol 52 (4) ◽  
pp. 1020-1036 ◽  
Author(s):  
Roland Adjovi

On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.


2018 ◽  
Vol 2 (1) ◽  
pp. 152-169
Author(s):  
Risa Andika Sari ◽  
Suhaimi Suhaimi ◽  
Muazzin Muazzin

Pasal 46 UU No 12 Tahun 1995 tentang Pemasyarakatan menyatakan Kepala Lapas bertanggungjawab atas keamanan dan ketertiban di Lapas yang dipimpinnya. Pasal 4 Angka 7 Permenkumham No 6 Tahun 2013 tentang Tata Tertib Lapas dan Rutan menyatakan setiap Narapidana/Tahanan dilarang menyimpan, membuat, membawa, mengedarkan, dan/atau mengkonsumsi narkotika. Terdapat MoU antara Kemenkumham dan BNN serta Kemenkumham dan Kepolisian tentang pencegahan dan pemberantasan narkotika di Lapas. Namun kenyataannya, peredaran gelap narkotika masih terjadi sebagaimana di Lapas Klas IIA Banda Aceh dan Rutan Klas IIB Sigli. Penelitian ini bertujuan untuk mengetahui pelaksanaan upaya terpadu pencegahan dan pemberantasan penyalahgunaan peredaran gelap narkotika di Lapas dan Rutan serta hambatan dalam pelaksanaan upaya terpadu tersebut. Penelitian ini menggunakan metode penelitian yuridis empiris. Pelaksanaan upaya terpadu pencegahan dan pemberantasan penyalahgunaan peredaran gelap narkotika belum berjalan maksimal dikarenakan tidak adanya hubungan yang sinergis antar instansi terkait. Hambatan yakni kebocoran informasi, keterlibatan oknum petugas Lapas, protap Lapas, keterbatasan anggaran dan sarana prasarana. Disarankan kepada Lapas, Kepolisian dan BNN untuk menindaklanjuti MoU yang ada dengan perjanjian yang memuat substansi dan sanksi yang tegas, sehingga aturan yang ada mempunyai kekuatan hukum mengikat. Kepada Pemerintah, untuk mengalokasikan anggaran serta pengadaan sarana prasarana yang memadai dan merevisi aturan pasal 17 ayat (5) UU No 12 Tahun 1995 tentang Pemasyarakatan.Article 46 of the Act Number 12, 1995 concerning the Correctional Centre states that the Head of a correctional service center is responsible for security and order in the center, which he is in charge. Article 4 of Point 7 of the Regulation of the Minister of Law and Human Rights Number 6, 2013 on the Correctional Centre and Detention also states that every prisoner or detainee is prohibited from storing, making, carrying, distributing and/or consuming narcotics and/or narcotics precursors and other dangerous drugs. In addition, there is a MoU between the Ministry and BNN and MoU between the Ministry of Law and Human Rights and Police on the prevention and eradication of narcotics in prisons. However, illicit drug trafficking still occur in Class II A Correctional Centre of Banda Aceh and Class II B Sigli. This research aims to know and explain integrated prevention and suppression efforts of drug abuses at correction center and obstacles faced in integrated prevention and suppression efforts of drug abuses at correction center. The research shows that integrated prevention and suppression efforts of drug abuses at correction center have not been working maximal, as there is no synergic relationship between related institutions. The obstacles is, namely information leakage, the involvement of officers, criminal procedures, lack of budget and infrastructure. It is recommended that the Centre, the police and the BNN to follow up existing MoUs with agreements containing substance and strict sanctions, so that existing rules have binding legal force. The government should allocate sufficient budget and the provision of adequate infrastructure facilities and revise the Article 17 point  (5) of the Act Number 12, 1995 concerning the Correctional Centre.


Author(s):  
Aigul Mukambetova

The research featured the new social requirements for subject teachers, as well as the legal basis for the changes that have occurred in the education system of the Republic of Kyrgyzstan. The study focused on the current situation in Kyrgyz schools and universities, the development of new teaching technologies, and the new educational literature. The education system of Kyrgyzstan includes two large concepts. One of them is updating the content of subject knowledge corresponding to the required competencies. The second concept is the individualization of subject knowledge. These concepts are important in the framework of the Law of the Republic of Kyrgyzstan "On the Manas Epic" adopted in 2011. Previously, the content of education was based on the level of requirements for the young generation and was determined by the Government of the Kyrgyz Republic that developed curricula for all educational institutions. However, subject teachers have to change their materials, taking into account the social and intellectual interests of the individual. The article introduces priority tasks that create the necessary conditions for the development of learners' personality. This goal was financed by the state budget in the Republic of Kyrgyzstan. The author believes that the new credit technology is to be adopted with caution, and that the Kyrgyz educational system can use some educational technologies tested in Russia, e.g. critical thinking development; developmental education; health saving technologies; problem learning; gaming; workshop technology; case method; integrated learning in class, etc. Subject teachers are responsible for updating the educational literature in connection with the new requirements.


2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.


2019 ◽  
Vol 2 ◽  
pp. 1-8
Author(s):  
Fakhruddin Mustofa ◽  
Ellen Suryanegara ◽  
Mulyanto Darmawan ◽  

<p><strong>Abstract.</strong> As an independent country and has a long history that forms The Unitary State of The Republic of Indonesia, introduction to the territory and history is very necessary for Indonesia's young generation, especially for adolescents. Various efforts were made by the Government of Indonesia to provide a territorial comprehension in order to make the younger generation understand about the circumstances of their country. One effective way is through Territorial Atlas of The Republic of Indonesia, which is the result from collaboration project between Geospatial Information Agency and Ministry of Education and Culture of Indonesia. This atlas is intended towards the benefit of teenage children, who are taking middle education level between the ages of 12&amp;ndash;15 years. It is necessary for children at that age to be equipped with spatial intelligence related to the territorial comprehension of Indonesia, the historical development of the Republic of Indonesia, and also the natural resources potential of their country.</p><p> This comprehension is needed considering that adolescence is a vulnerable age who require self-actualization, so they need to get a correct understanding of the NKRI region in order to foster the sense of nationalism. On the other hand, the important reason for production the Territorial Atlas is due to the rapid growth of development and the administrative area expansion, especially since the era of regional autonomy, was applied. Furthermore, another reason is that the atlases on the market were not up to date and geometrically did not obey the cartographic principle appropriately. This will cause a misconception for the reader, especially students in the middle school if they receive incorrect information.</p><p> Therefore, it is important to produce a territorial atlas that uses the mapping principle and correct geospatial data and information. The method used in production the territorial atlas is using the GIS method complemented by literature studies and focused group discussions with education and geospatial experts. In general, the atlas is a compilation of coherent and comprehensive geospatial information regarding 34 provinces in Indonesia, the history of the Republic of Indonesia, introduction of neighboring countries and also equipped with narratives and interesting photographs/images.</p><p> The results of this activity are in the form of The Republic of Indonesia Territorial Atlas which has been adjusted based on the applicable curriculum and will be disseminated to approximately 3,500 Junior High Schools in all regions of Indonesia in print and digital format. It is expected that through the atlas, the spatial comprehension of young people towards the NKRI region will be better and easier.</p>


Author(s):  
Yogi Prasetya Sinambela

According to Law NUMBER 35 of 2009 concerning Narcotics. Regulate the death penalty for drug traffickers listed in article 114 paragraph (12), article 119 paragraph (2) and article 121 paragraph (2) which can impose the death penalty that has evidence exceeding 5 (five grams) and narcotics groups 1 and 2. The purpose of the study is to find out how the regulation of capital punishment against perpetrators of criminal acts of illicit drug trafficking and how capital punishment disparities against perpetrators of illicit trafficking in narcotics as well as criminal law policies to overcome the disparity in the death penalty for perpetrators of illegal drug trafficking through approach according to Law Number 35 of 2009 concerning Narcotics. The research conducted juridical legal research with a normative approach taken from primary data by conducting library studies and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it was understood that the regulation of the death penalty against perpetrators of criminal acts of illicit drug trafficking could be carried out by the death penalty reinforced by the Decision of the Constitutional Court (MK) Number 203 / PUU-V / 2007 dated October 30th, 2007, be carried out carefully and pay attention to the rights of death row inmates who are in the stage after the verdict will wait for the period of clemency, and then will wait for the execution of the death sentence. The disparity in narcotics penalty decisions is caused by several factors, namely the difference in the philosophy of punishment, the factor of the absence of criminal guidance, the factor of the independent judicial authority, the factor of authority of the judge’s decision. In this case there will be discrimination between dealers who are given a decision by the judge, in the case of a sentence that is not in accordance with its portion., regarding it should be associated with evidence found. Therefore, special rules are needed regarding the death penalty associated with narcotics evidence, for example having 5 kg of narcotics can be sentenced to death, without having gaps like what happened in article 114 paragraph (2)


2020 ◽  
Vol 15 (2) ◽  
pp. 236-254
Author(s):  
Irina Korgun ◽  
◽  
Vladimir Zuev ◽  

Membership in the World Trade Organization (WTO) and participation in free trade agreements (FTAs) are important instruments for governments to realize national economic interests. The Republic of Korea has been particularly successful in doing so. As the experience of Korea shows, a trade policy mix between multilateral liberalization under the WTO and preferential liberalization through FTAs allows the government to optimally balance national interests and strive for higher levels of social welfare and economic effectiveness, while simultaneously protecting national industries. However, such results seem to be possible only if national economic interests are clearly defined and are synchronized with a country’s goals regarding WTO membership and its strategy for FTAs. During recent decades, Korea has practiced an active long-term planning of trade policy so that trade benefits are not excessively concentrated in a narrow range of trade actors and are distributed more evenly in society. This meant appropriate balancing of liberalization and protection measures, reinforced by special support programmes that neutralized the negative impact of higher market openness. In this article, Korea’s strategy regarding trade policy is analyzed, including the reasons Korea pursued an FTA-centric policy and the benefits it obtained in addition to those it obtained from WTO membership.


2018 ◽  
Vol 2 (2) ◽  
pp. 149-161
Author(s):  
Vita Justisia

Human rights is an idea that have a long process in the history of human civilization. Human rights always have a correlative relationship with human duty because of the nature of human nature as individuals and social beings. Human Rights has incuded in the Constitution of the Republic Indonesia UUD-RI 1945. The history of the Indonesian nation records the occurrence of various gross human rights violations such as crimes against humanity that occurred in East Timor, Aceh, Jakarta and in some other areas that have not completed the handling, whereas in the field of legislation of the Government of Indonesia has made various efforts to make laws and ratify them from various international instruments on human rights. This is due to the unrelated legislation existing with the political will of the government. Political science is concerned with the state's governance, State’s governance deals with key officials setting policy directions including human rights policies. For the public it is important to study political science so that the public can contribute to the political will of the government in the field of law enforcement of human rights in Indonesia.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Atep Abdurofiq

<p>The Government of the Republic of Indonesia hosted the 5<sup>th</sup> Extraordinary Summit Organisation of Islamic Cooperation (OIC) on Palestine and Al-Quds Al-Sharif in Jakarta on March 7, 2016. The event reflects the Islamic identity in Indonesia’s foreign policy. The event is analyzed by the constructivist perspective. In constructivist perspective, interests and State's behavior are influenced by the meaning States’s identity. The identity is the result of a State’s internal and external preference. Islamic identity embodied in Indonesia's interests to get recognition, economic interests and the protection of Indonesian Workers in Middle East Countries.</p><p> </p><p><strong>Keywords</strong>: Identity, Interests, Foreign Policy</p>


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