scholarly journals Penegakan Hukum Tindak Pidana Narkotika dilihat dari Perspektif Kriminologi

2020 ◽  
Vol 11 (02) ◽  
Author(s):  
Agustinus Samosir

�AbstractNarcotics crime is a very serious human crime, has an extraordinary impact, especially on the young generation of a nation today. The purpose of this study was to analyze the enforcement of criminal law from a criminological perspective. The research method used is empirical juridical. The results of the study are that there are many victims of narcotics crime and systematic preventive efforts such as BNN Lubuklinggau City appoint 5,500 people as anti-drug activists who are spread in 72 villages and appoint consular in eight sub-districts to invite drug addicts to consciously participate in rehabilitation to suppress rehabilitation to suppress the number of drug addicts in Lubuklinggau City. Conclusion of efforts to prevent drug trafficking that is happening right now especially in the City of Lubuklinggau, infrastructure facilities need to be improved again with a more sophisticated detection quality. Counseling and prevention is always given as in government offices, in schools, and on campuses, the supervision of the police. The enforcement system provides maximum punishment.Keywords: Law Enforcement, Narcotics, Criminology.AbstrakKejahatan Narkotika merupakan kejahatan kemanusian yang sangat berat, mempunyai dampak luar biasa, terutama pada generasi muda suatu bangsa saat ini. �Tujuan dari penelitian ini untuk menganalisis penegakan hokum tindak pidana dari prespektif kriminologi. Metode penelitian yang digunakan adalah yuridis empiris. Hasil penelitian yaitu korban tindak pidana narkotika sudah banyak dan usaha-usaha pencegahan yang sistematis yaitu seperti BNN Kota Lubuklinggau menunjuk sebanyak 5.500 orang sebagai penggiat anti narkoba yang disebar di 72 kelurahan dan mengangkat konsuler di delapan kecamatan untuk mengajak pecandu narkoba untuk sadar mengikuti rehabilitasi untuk menekan jumlah pecandu narkoba di Kota Lubuklinggau. Simpulan upaya pencegahan terhadap peredaran Narkoba yang terjadi saat ini terlebih di Kota Lubuklinggau, sarana prasarana perlu di tingkatkan lagi dengan kualitas pendeteksi yang lebih canggih. Penyuluhan dan pencegahan selalu diberikan seperti di kantor-kantor pemerintahan, di sekolah, maupun di kampus-kampus tersebut, pengawasan dari pihak kepolisian. Sistem penegakannya memberikan hukuman yang maksimal.Kata kunci : Penegakan Hukum, �Narkotika, Kriminologi.

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.


2020 ◽  
Vol 3 (1) ◽  
pp. 10-17
Author(s):  
Ridzwan Budiadi ◽  
Eriska Englin Sofia Butarbutar ◽  
Rony Parlungutan Tampubolon

The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.


2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.


2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.


2014 ◽  
Vol 1 (2) ◽  
pp. 169
Author(s):  
Andri Winjaya Laksana ◽  
Suratman Suratman

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008


2020 ◽  
Vol 6 (2) ◽  
pp. 117-138
Author(s):  
Maqfira Izzata Nafsiah ◽  
Nindya Putri Edytya ◽  
Masyita Isnadya Risky Salsabila Putri Bagas Tony ◽  
Aulia Vaya Rahmatika

Prostisusi becomes one of the social problems that continues to develop over time. Various internal and external factors trigger this activity to continue to exist until now. This research examines the business of prostitution as a form of disease in society and social problems. This research tries to reveal the karaoke business under the guise of illegal prostitution business, especially in Central Java. This research uses the approach of Criminal Law, Criminology, and Social Structure. The research method used is qualitative research, where the writer directly looks at existing social phenomena and seeks field facts through observation, interviews, and investigations. This research found that various factors become the background of the existence of the karaoke business under the guise of illegal prostitution in Central Java, ranging from economic and business factors to weak rules and law enforcement. The study also revealed the fact that the karaoke business secretly provided sex or prostitution services, but law enforcement was ineffective. One of the ineffectiveness of law enforcement is the problem of law enforcement apparatuses and bribery resources that occur within the law enforcement environment. In addition, this business also deals directly with business and economic investment holders.


Author(s):  
Fahrul Rizki Hidayat ◽  
Lalu Sabardi ◽  
Kurniawan Kurniawan

This study discusses the role and function of the Notary Supervisory Board against the notary who violates the code of ethics and notary position. It applies the empirical legal juridical research method that is carried out by examining the conditions in the field related to the implementation of supervision and guidance of notaries by the Supervisory Board in Mataram City. Based on Article 1 paragraph (6) Law on Notary Position, the Notary Supervisory Board is an institution that has the authority and obligation to carry out guidance and supervision of the notary. In carrying out supervision and guidance, the Minister forms a Supervisory Board consisting of 3 (three) levels which include the Regional Supervisory Board in the city/regency, the Provincial Supervisory Board in the province and the Central Supervisory Board in the capital. Each level consists of 9 (nine) different people; each of 3 (three) people came from government, notary, expert/academic elements. The Supervisory Board has very important roles and functions in law enforcement against notaries in their territories in holding hearings to check for suspected violations of the code of ethics and notary position. Law enforcement can be in the form of preventive measures (supervision) and curative steps (implementation of sanctions). Thus, if the notary commits a violation, the Supervisory Board has the right to examine and sanction him/her. Sanctions can be in the form of written warning, temporary dismissal, respectful dismissal and/or disrespectful dismissal.


Rechtsidee ◽  
2021 ◽  
Vol 7 ◽  
Author(s):  
Sanggup Leonard Agustian ◽  
Fajar Sugianto ◽  
Tomy Michael

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.


2021 ◽  
Vol 23 (1) ◽  
pp. 49-64
Author(s):  
Qurrata A'yun

This study aims to discuss the position of terrorism in international criminal law and law enforcement against terrorism crimes committed by the Islamic State of Iraq and Syiriah (ISIS) Foreign Terrorist Fighter (FTF). The research method used in this research study is a normative juridical legal research method. In some literature, crimes of terrorism in international criminal law are categorized as extraordinary crimes because of their systematic, organized and widespread nature. Law enforcement against the FTF ISIS for crimes of terrorism can basically be carried out by means of preventive measures as preventive and repressive measures as penal measures which in this case can be prosecuted based on the legal rules of the perpetrator's country of origin and allowed to make arrests, prosecutions and punishments or attempts. Extradition if necessary. In addition, law enforcement based on international criminal law can also be pursued if the crimes of terrorism committed by the perpetrators cause things that have an impact on the international community and qualify as stipulated in the Rome Statute.


2021 ◽  
Vol 5 (1) ◽  
pp. 97-103
Author(s):  
Yogi Yasa WEDHA ◽  
Edy NURCAHYO

Criminal law reform is part of criminal law policy and is closely related to law enforcement policies, criminal policies and social policies. One of the forms of national legal development reform is the Reform of the Criminal Justice System (SPP) which is an integral part of a sub-system, namely legal substance, legal structure, and legal culture. Corruption as an organized crime in Indonesia is categorized as extra ordinary crimes that have an impact on the creation of injustice in society. One of the injustices referred to is related to the non-return of state losses stolen by corruptors. Whereas efforts to recover state losses are closely related to legal instruments in force in a country.  In Indonesia, the Criminal Code and the Law on the Eradication of Corruption places the confiscation of proceeds of corruption only as an additional punishment and does not have a clear formula for the mechanism of deprivation of properties, resulting in unclarity/obscurity of norms. This condition should not occur, therefore it is necessary to reform the criminal law immediately by studying the criminal perpetrators of a criminological perspective, which is related to the factors that cause people to commit criminal acts of curruption.    This article is a study of the author concerning the importance of making legal arrangements regarding the deprivation of properties from the proceeds of corruption to mitigate the state losses. This article is compiled by applying normative legal research using statutory approaches, historical approaches, conceptual approaches and comparative approaches. It is concluded that there must be immediate reform of criminal law in Indonesia, especially regarding the deprivation of properties from the criminal act of corruption based on the development of criminal behavior (criminology) and the development of international criminal law concerning corruption.


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