scholarly journals SANCTIONS POLICY IN THE INDONESIAN ACT. NO. 35 OF 2009 ON NARCOTICS

2018 ◽  
Vol 5 (1) ◽  
pp. 55
Author(s):  
Indah Setyowati
Keyword(s):  
Drug Laws ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Sanctions ◽  
Course Of Action ◽  
The People ◽  
Track System ◽  
The Republic ◽  
The Government ◽  
Double Track

Law is a legitimate product that is issued by the government / state is defined as a rule that should be known by the people or the public anywhere in the territory. The Act of the Republic of Indonesia Number 35 of 2009 on Narcotics is the latest drug laws supersede previous laws. Sanctions policy in this legislation is seen using a double track system which means that the policy of sanctions to use two-lane system is a criminal path for all the prohibited acts and course of action for users / abusers. While the sanctions policy are the following types may be criminal sanctions in principal and additional criminal, criminal sanctions are generally threatened by cumulation ie for example imprisonment with penalty, No weighting towards certain crimes when committed in an organized with conspiracy and carried out by the corporation and recidive. Experiment with a criminal offense the penalty is equal to committing a crime.

scholarly journals Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak

2020 ◽  
Vol 1 (1) ◽  
pp. 197-202
Author(s):  
I Komang Widnyana ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Medical Personnel ◽  
Chemical Castration ◽  
Criminal Sanctions ◽  
Second Amendment ◽  
Track System ◽  
The Republic ◽  
The Government ◽  
Double Track

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.

scholarly journals Implementasi Model Double Track System: Sanksi Pidana dan Tindakan sebagai Sistem Pemidanaan terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika di Lembaga Pemasyarakatan Kelas II A Kabupaten Langkat

2020 ◽  
Vol 13 (1) ◽  
pp. 95-105
Author(s):  
Sri Sulistyawati ◽  
Iwan Setiawan ◽  
Bambang Hermanto
Keyword(s):  
Class Ii ◽  
Deterrent Effect ◽  
District Court ◽  
Research Approach ◽  
Drug Addicts ◽  
Criminal Sanctions ◽  
The People ◽  
Track System ◽  
The Government ◽  
Double Track

Narcotics abuse is a danger that can destroy the next generation and hinder the development of the Indonesian nation in carrying out development in every sector of life. The narcotics problem is very much a concern of the people of Indonesia and especially the Province of North Sumatra because this province is ranked second after the Special Capital Region of Jakarta in the number of narcotics users. This research is very important in order to help the government program in order to avoid the youth of the nation's successors of narcotics users and provide a deterrent effect to the perpetrators of criminal acts of narcotics abuse. That the application of Law No. 35 of 2009 concerning narcotics has set about a double track system where narcotics addicts can be punished with actions in the form of rehabilitation. But in its application the judge always imposes criminal sanctions in the form of prison for drug addicts. So that more and more drug addicts in prison. The problems discussed in this study are the implementation of the double track system model, criminal sanctions and actions as a criminal system for the perpetrators of narcotics abuse crimes in Langkat Class II Penitentiary, whether this double track system can be implemented and whatever is an obstacle in the implementation of this double track system, by using the socio-legal research approach. Conclusions from the results of the study up to now the criminal system that was handed down in the Langkat District Court against narcotics criminals still used a single track system, so that all prisoners who served their sentences in Class II A Narcotics Lap Langkat were sentenced in the form of imprisonment.

scholarly journals GERAKAN PROTES HAJI SARIP DI KABUPATEN MAJALENGKA 1947

2014 ◽  
Vol 6 (3) ◽  
pp. 502
Author(s):  
Tia Dwi Nurcahya
Keyword(s):  
Literature Review ◽  
Indian Policy ◽  
Protest Movement ◽  
The Public ◽  
Black And White ◽  
Historical Method ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Village

AbstrakPenelitian ini menggambarkan gerakan protes yang dilakukan Haji Sarip terhadap Pemerintah Republik Indonesia tahun 1947 di Kabupaten Majalengka. Untuk merekontruksi permasalahan ini digunakan metode sejarah yang terdiri dari empat langkah penelitian, yaitu heuristik, kritik, interpretasi, dan historiografi. Sedangkan teknik yang digunakan dalam pengumpulan data digunakan studi literatur dan wawancara, yaitu mengkaji sumber-sumber literatur yang berkaitan dengan permasalahan yang sedang dikaji dan mewawancarai saksi sejarah atau pelaku sejarah sebagai narasumbernya. Tujuan penelitian ini adalah mengungkap gerakan protes yang dilakukan Haji Sarip di Kabupaten Majalengka tahun 1947. Berdasarkan hasil penelitian didapat beberapa simpulan: pertama, Haji Sarip melakukan gerakan protes terhadap Pemerintah RI dan desa karena kebijakan yang diambil pemerintah RI, yaitu kebijakannya India Rice (penjualan beras ke India dengan harga murah); kedua, Haji Sarip menganggap Pemerintah RI 1947 sudah gagal dan menyiakan-nyiakan hidup masyarakatnya sendiri, sehingga Haji Sarip akan mengubah tatanan pemerintahan dan menggantikannya dengan pemerintahan baru, yang berlandaskan sama rata sama rasa, sama warna, sama bangsa, dan benderanya putih hitam; ketiga, setelah Haji Sarip melakukan perlawanan terhadap pemerintah dengan cara melakukan provokasi terhadap masyarakat Kabupaten Majalengka, masyarakat dan pemerintah tidak tinggal diam, melainkan masyarakat bersikap antipati terhadap Haji Sarip dan Pemerintah RI menindak Haji Sarip dengan tuduhan membangkang pemerintah, meresahkan masyarakat, menghina tentara dan menjalankan penipuan. AbstractThis study describes the movement of Haji Sarip protest against the Government of the Republic of Indonesia in 1947 at Majalengka. This research used historical method which consists of four steps of research: heuristics, criticism, interpretation, and historiography. The techniques used in data collection trough literature review and interviews, including reviewing the sources of literature relating to the issues being studied and interviewed witnesses or perpetrators of history. The purpose of this study is to reveal the protest movement Haji Sarip in Majalengka 1947. Based on the results obtained some conclusions: first, Haji Sarip protest movement against the Government and the village because of measures taken by the government of Indonesia, the Indian policy of Rice (rice sales to India with cheap price); second, Haji Sarip assume GOI 1947 has failed and wasted waste life of his own people, so that Hajj Sarip will change the system of government and replace it with a new government, which is based equally the same taste, same color, same nation, black and white flag; Third, after Haji Sarip resistance to the government by way of provocation against Majalengka community, society and the government is not standing still, but the people being antipathy towards Haji Sarip and the government crack down on charges Haji Sarip government's defiant, disturbing the public, insulting the army and run fraud.

scholarly journals Subsidiary Imprisonment in Criminal and Misdemeanor Law of Serbia // Supletorni zatvor u krivičnom i prekršajnom pravu Srbije

2017 ◽  
Vol 7 (7) ◽  
pp. 193
Author(s):  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Criminal Law ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Sanctions ◽  
Security Measure ◽  
The Republic ◽  
License Revocation ◽  
The Right ◽  
Concept Type

In a criminal (criminal and misdemeanor) law the right to deprivation of liberty of movement of another person - a perpetrator of a criminal offense - based on a decision of the court for a specified period of time is a type of criminal sanction of institutional character (whether it is punishment, security measure or educational measure). However, criminal law knows the so-called special forms of law-based deprivations of liberty, which do not represent the type and measure of criminal sanctions. These are, in fact, forms of deprivation of liberty that represent the substitute for the other previously imposed, entirely or partly, unpaid penalties - fine, driving license revocation or work in the public interest. This Paper deals with the concept, type and characteristics of the subsidiary imprisonment in positive criminal law of the Republic of Serbia.

Pelaksanaan Jaminan Kesehatan Oleh BPJS Kesehatan Dalam Perspektif Syariah

Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil
Keyword(s):  
Health Care ◽  
Financial Institution ◽  
Social Supports ◽  
Religious Leaders ◽  
The Public ◽  
The People ◽  
The Social ◽  
Ministry Of Finance ◽  
Health Support ◽  
The Government

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

2021 ◽  
Vol 10 (1) ◽  
pp. 65
Author(s):  
Rifqi Qowiyul Iman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Judicial Review ◽  
Justice System ◽  
National Level ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Track System ◽  
Double Track ◽  
Rule Out

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE)

2015 ◽  
Vol 1 (2) ◽  
pp. 76-92
Author(s):  
Dadang Suprijatna ◽  
Indralis Wardana ◽  
Fahrul Siregar
Keyword(s):  
Police Officers ◽  
Preliminary Evidence ◽  
Criminal Offense ◽  
Arrest Warrant ◽  
The Public ◽  
The North ◽  
The Republic ◽  
Search For Information ◽  
Management Case Study

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspect's identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigator's closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.

Regulatory Administration: An Evolving and Neglected Area of Public Administration in India

2018 ◽  
Vol 64 (4) ◽  
pp. 686-702
Author(s):  
Yudhishthira Sapru ◽  
R.K. Sapru
Keyword(s):  
National Level ◽  
Current Phase ◽  
The Public ◽  
The People ◽  
Policies And Procedures ◽  
Governance Process ◽  
Regulatory Bodies ◽  
The Government ◽  
Political Economic ◽  
And Control

In the current phase of liberalisation, privatisation and globalisation, and now broadly governance, regulatory administration has acquired growing importance as an instrument of achieving socio-economic objectives. It is through instrumentality of regulatory administration that the government is able to exercise effective political and economic sovereignty and control over the country’s governance process and resources. Governments of nearly all developing countries have initiated policies and procedures to promote and strengthen regulatory bodies and agencies. However, the results of these promotional and regular activities have varied considerably, often reflecting large inadequacies in policies, organisational structures and procedures. Increasing emphasis is now being placed at the national level on a more flexible regulatory administration to enforce compliance with nationally established policies and requirements in various political, economic and social spheres. As a watchdog for the public interest, governments both at central and state levels should engage in activities for the promotion of social and economic justice, so as to ensure the happiness and prosperity of the people.

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