scholarly journals Criminal Policy About Kecubung Containing Addictive Substances According to Law Number 35 of 2009 Concerning Narcotics

2021 ◽  
Vol 1 (3) ◽  
pp. 128-132
Author(s):  
Djoko Purwanto
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Research Approach ◽  
Altered Consciousness ◽  
Theological Interpretation ◽  
Conceptual Approach ◽  
Analysis Technique ◽  
Law Enforcement Officials ◽  
Approach Method

This paper raises problems related to the absence of regulation regarding kecubungwhich contains alkaloid substances known as anesthetics and is an addictive substance for Narcotics, substances which when consumed in excess can cause decreased and altered consciousness, loss of taste, eliminate or reduce pain and cause dependence. severe or excruciating pain. The absence of regulations regarding amethyst has resulted in a legal vacuum and this is very unfortunate. This journal research uses normative juridical research supported by empirical juridical, the research approach method used is the statute approach (statutory approach), the conceptual approach (conceptual approach) and the case approach (case approach) and the data analysis technique of this research uses interpretation techniques. systematic, grammatical interpretation and theological interpretation. The results of the study concluded that regulation of the use of Kecubung is very much needed, where later this regulation can be used as a basis for law enforcement officials, especially the Police and BNN to process the law against the new types of Narcotics abuse as referred to in Law Number 35 of 2009 concerning Narcotics and Permenkes Number 44 of 2019 concerning changes in the classification of Narcotics.

scholarly journals TINJAUAN HUKUM PEMIDANAAN TERHADAP PELAKU PENYALAHGUNA NARKOTIKA DENGAN SISTEM REHABILITASI

2016 ◽  
Vol 2 (1) ◽  
pp. 74
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Research Problem ◽  
Research Approach ◽  
Applicable Law ◽  
Sick People ◽  
Rehabilitation System ◽  
Approach Method ◽  
Conducting Research

Narcotics abuse has long been a serious problem in many countries. The conviction of narcotics abusers with imprisonment is an illegal law enforcement, narcotics abusers can be regardedas sick and very unwise when people mix up sick people with other offenders. The approach method used in this research is sociological juridical or socio legal research approach, that isthe way or procedure used to solve the research problem by examining secondary data in the form of legal materials or applicable law regulations then followed by conducting research on data Primary in the field. The result of the research shows that 1) The basis of criminalization of narcotics abuse with rehabilitation system is done with the classification of the Defendant when arrested in the condition of hand caught, 1 (one) day evidence was found with the detail of Law No. 35 of 2009, it was stated positive using narcotics based on Laboratory test letter based on the request of the investigator, Need Certificate from the doctor / soul psychiatrist government appointed by the judge, There is no evidence that the concerned involved in illicit narcotics. 2) The Obstacle of Criminalization Against Narcotics Abuse Culprit with Rehabilitation System due to the conflict between Laws and Regulations on the provision of rehabilitation then becomes the initial trigger for the implementation of rehabilitation in Indonesian punishment system.

scholarly journals IMPLEMENTASI PENEGAKAN HUKUM LINGKUNGAN PADA SEKTOR PERTAMBANGAN DI KABUPATEN KUNINGAN

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Suwari Akhmaddhian
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
Human Life ◽  
Research Approach ◽  
Mining Sector ◽  
Regional Environment ◽  
Approach Method ◽  
Mining Law ◽  
The Law

AbstractLaw enforcement is an interesting issue to be studied because it deals with the implementation of applicable laws and regulations, enforcement of environmental law is closely related to all aspects of human life because the environment is a buffer of life on this earth. The formulation of the research that the researcher formulated is how to regulate the law enforcing environmental law enforcement in mining sector in kuningan Regency and Implementation of environmental law enforcement in mining sector in kuningan regency. The purpose of this study is to find out the legislation regulating the enforcement of environmental law in the mining sector in Kuningan Regency and To know? Implementation of environmental law enforcement in mining sector in Kuningan regency. The research approach method is empirical juridical. The result of the research is the Regional Regulation of Kuningan Regency Number 7 Year 2014 on the Management and Protection of the Regional Environment and Implementation of environmental law enforcement in mining sector in Kuningan Regency through the making of regulation related to environment and mining, law enforcement through repressive and persuasive Increasing the role of the community in accordance with the mandate of the law. The conclusion of this research is that law enforcement in mining sector is done through persuasive and repressive approach.Keywords: Implemetation, Enforcement, Law, Environment, Mining. Abstrak Penegakan hukum merupakan isu yang menarik untuk diteliti karena berkaitan dengan implementasi peraturan perundang-undangan yang berlaku, penegakan hukum lingkungan sangat berkaitan dengan semua aspek kehidupan manusia karena lingkungan merupakan penyangga kehidupan mahluk hidup di bumi ini. Rumusan penelitian yang peneliti dirumuskan adalah Bagimana pengaturan perundang-undangan yang mengatur penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan dan  Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan. Tujuan penelitian  ini adalah untuk mengetahui pengaturan perundang-undangan yang mengatur penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan dan Untuk mengetahui ? Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan. Metode pendekatan  penelitian adalah yuridis empiris. Hasil penelitian yaitu adanya Peraturan Daerah Kabupaten Kuningan Nomor 7 Tahun 2014 tentang Pengelolaan dan Perlindungan Lingkungan Hidup Daerah dan Implementasi penegakan hukum lingkungan pada sektor pertambangan di Kabupaten Kuningan yaitu  melalui pembuatan peraturan perundangan yang berkaitan dengan lingkungan hidup dan pertambangan, penegakan hukum melalui represif dan persuasif serta peningkatan peran masyarakat sesuai dengan amanat peraturan perundangan. Kesimpulan penelitain ini adalah penegakan hukum pada sektor pertambangan dilakukan melalui pendekatan persuasif dan represif.Kata kunci : Implemetasi, Penegakan, Hukum, Lingkungan, Pertambangan.

scholarly journals Studi Komparatif Tindak Pidana Aborsi dalam Perspektif Hukum Article Positif dan Hukum Pidana Islam (Imam Madzhab)

2021 ◽  
Vol 1 (2) ◽  
pp. 204-213
Author(s):  
Moh. Faqih
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Research ◽  
Medical Reason ◽  
Positive Law ◽  
Approach Method

The rise of promiscuity and free sex is the reason for a large number of abortion perpetrators in Indonesia. In the enactment of the law stipulated in the Criminal Code (KUHP) regarding abortion, it is very clear that abortion is prohibited as well as from the perspective of Islamic law it is forbidden to abort the fetus unless there is a medical reason that an abortion must be performed. However, in the opinion of Madzhab, there is still a classification of permissibility before the blowing of the spirit and the scholars agree that it is haram to abort the fetus after blowing the spirit. The research approach used in this study is the Normative Juridical Research Method, namely the approach method used in this study is the normative juridical approach or doctrinal legal research, which is legal research that uses secondary data sources. The results of the research conducted by the author are to provide insight to readers so that they better understand the meaning of abortion and also the punishment of the perpetrators of the crime of abortion both in terms of positive law and Islamic criminal law. In finding the comparison of the punishment between positive law and Islamic criminal law lies in the age limit of the fetus that is in the content of the sanction based on Islamic criminal law, the punishment is to pay ghurrah or diyat Kamilah Dari before the blowing of the spirit or after the blowing of the spirit.

scholarly journals Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Enha Sorandri Tahir
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Court Decisions ◽  
Political Rights ◽  
Legal Basis ◽  
Conceptual Approach ◽  
Approach Method ◽  
Research Type ◽  
Made In

Additional criminal to revoking political rights imposed on convicted corruption cases are referred to as extraordinary policy and efforts made in the context of eradicating the criminal act of corruption, in which corruption is categorized as an extra ordinary crime. The basis for additional criminal law deprivation of political rights is contained in the Criminal Code (KUHP) and Law Number 31 of 1999 concerning Eradication of Corruption as amended by Law Number 20 of 2001 (UU PTPK). This study aims to examine the additional criminal policy of deprivation of political rights against convicted corruption cases seen from the perspective of the purpose of punishment and the suitability of the legal basis used to apply additional crimes of deprivation of political rights against convicts of corruption. The type of research used in this study is the juridical normative research type. The methods used are the statutory approach method, conceptual approach, and case approach. Meanwhile, for data collection techniques, this study uses legal materials consisting of: a.) Primary legal materials, namely statutory regulations and court decisions; b.) secondary legal materials include legal books, legal journals and other scientific works in the field of law. The results of this study first reveal that the additional punishment for depriving political rights is not against the purpose of punishment. It reveals that the additional criminal legal basis for deprivation of political rights for convicted corruption cases should be more specific in determining the length of time for deprivation of political rights in the PTPK Law. KEYWORDS: Policy, Additional Punishment, Political Rights, Corruption

scholarly journals Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012

2021 ◽  
Vol 1 (2) ◽  
pp. 73
Author(s):  
Indra Wijayanti ◽  
Elsa Rina Maya Toule ◽  
Sherly Adam
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Initial Step ◽  
Peace Agreement ◽  
Conceptual Approach ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Mutual Agreement

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.

scholarly journals Penegakan Hukum Diwilayah Laut Maluku oleh Lantamal IX Ambon

2021 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Lucia Charlota Octovina Tahamata
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Analytical Approach ◽  
Conceptual Approach ◽  
Inhibiting Factors ◽  
Efficiency And Effectiveness ◽  
Law Enforcement Officials ◽  
Institutional Aspects ◽  
Study Techniques ◽  
Sea Area

Introduction: Law enforcement in the sea area by Lantamal IX Ambon, is faced with, supporting factors and inhibiting factors. Purposes of the Research: This study aims to determine and analyze how Lantamal IX Ambon conducts law enforcement in the Maluku sea area.Methods of the Research: The research method used is a normative research method using a statute approach approach conceptual approach and analytical approach. Document study techniques and study analysis use qualitative analysis. Results of the Research: The results showed that in order to achieve efficiency and effectiveness in deploying the force of the Navy, it is faced with budget constraints, technical conditions of defense equipment and the expected level of capability and escalation of threats, it is necessary to reform policies regarding law enforcement facilities and infrastructure towards improvements in accordance with science. and modernization today due to the reality of the geographical configuration of the country's territory in the form of an archipelago with 2/3 of its territory being water, of course logically Indonesia needs a strong and reliable Navy. There is an overlap in legal and institutional arrangements at sea, so it is necessary to synergize with the institutional aspects of law enforcement officials who have the authority.

scholarly journals MENYOAL PENGATURAN PEMBERIAN BANTUAN HUKUM TERHADAP ANAK PASCA REFORMASI

Yurispruden ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 223
Author(s):  
Aditya Wiguna Sanjaya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Rights ◽  
Legal Assistance ◽  
Best Interest ◽  
Conceptual Approach ◽  
The Future ◽  
Law Enforcement Officials ◽  
Legal Consequences ◽  
The Ideal

ABSTRACTThe regulation regarding legal assistance for children has basically been stated in Law Number 11 of 2012, however in the formulation of regulation it appears that there is a contradiction between the meaning of legal assistance as legal rights and assistance as an obligation, especially in the context of legal assistance as an obligation attached to law enforcement officers. The purpose is to analyze whether the regulation of providing legal assistance to children in Law Number 11 of 2012 is in accordance with the principle of the best interest of the child, and provides ideas for formulating arrangements for providing legal assistance to children in the future. This paper using normative legal research methods with a legal approach and conceptual approach. The ideal arrangement in the future can be done by reformulating arrangements regarding existing legal assistance for children, namely eliminating legal aid as children's rights in the criminal justice system and formulating legal consequences in the form of illegal actions taken by law enforcement officials at every level of examination.Key words: Regulation, Legal assistance, Children ABSTRAKPengaturan bantuan hukum terhadap anak telah dituangkan dalam Undang-Undang Nomor 11 Tahun 2012, namun dalam formulasi pengaturan tersebut tampak adanya pertentangan makna antara bantuan hukum sebagai hak dan bantuan hukum sebagai kewajiban, terlebih dalam konteks bantuan hukum sebagai kewajiban yang melekat pada aparat penegak hukum. Tujuan penulisan ini yaitu untuk menganalisis apakah pengaturan pemberian bantuan hukum terhadap anak dalam Undang-Undang Nomor 11 Tahun 2012 telah sesuai dengan prinsip the best interest of the child dan memberikan gagasan formulasi pengaturan pemberian bantuan hukum terhadap anak di masa yang akan datang. Dalam penulisan makalah ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Pengaturan ideal di masa mendatang dapat dilakukan dengan mereformulasi kembali pengaturan mengenai bantuan hukum terhadap anak yang ada yaitu menghapuskan bantuan hukum sebagai hak anak dalam sistem peradilan pidana dan memformulasikan akibat hukum berupa tidak sahnya tindakan yang dilakukan aparat penegak hukum dalam setiap tingkat pemeriksaan.Kata Kunci: Pengaturan, Bantuan Hukum, Anak

scholarly journals Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika.

2021 ◽  
Vol 2 (2) ◽  
pp. 332-336
Author(s):  
Gusti Nyoman Adung Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
Legal Institutions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Law Enforcement Officials ◽  
Legal Security ◽  
Statutory Regulation

A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.

Victim or Prostitute? The Classification of Commercial Sex Events Involving Minors in the National Incident-Based Reporting System

2020 ◽  
Vol 35 (3) ◽  
pp. 331-353
Author(s):  
Teresa C. Kulig ◽  
Erica R. Fissel ◽  
Valerie R. Anderson ◽  
Bonnie S. Fisher
Keyword(s):  
Law Enforcement ◽  
Sex Trafficking ◽  
Reporting System ◽  
Policy Implications ◽  
Federal Legislation ◽  
Commercial Sex ◽  
State Law ◽  
Law Enforcement Officials ◽  
Trafficking Victims

Sex trafficking is recognized as a national problem that inflicts serious harm on its victims, yet, legislative responses to trafficking vary depending on jurisdiction. Federal legislation considers youths who engage in commercial sex acts as trafficking victims. States, however, vary in the evidence required to prove a juvenile is a victim of sex trafficking, as opposed to an offender of prostitution. Using four years of data from the National Incident-Based Reporting System, we compared details of commercial sex incidents involving youths who were identified as trafficking victims or arrested as prostitutes. Beyond legislative differences, comparisons between cases are discussed to illuminate how state law enforcement officials legally classify these events involving adolescents (i.e., as victims or prostitutes). Further, we consider the policy implications of the findings.

Extremist Crimes Committed Using the Sphere of Telecommunications and Computer Information

2021 ◽  
Vol 16 (12) ◽  
pp. 167-176
Author(s):  
L. V. Glazkova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Virtual Space ◽  
Telecommunication Networks ◽  
High Tech ◽  
The Social ◽  
Law Enforcement Officials ◽  
Definition Of ◽  
Intellectual Level

To successfully counter extremist and terrorist crime in the virtual space, it is important to implement measures for improving legislation (clarification of extremism features, the introduction of a list of extremist crimes into the law, etc.), as well as measures to improve the training of law enforcement officials, wider involvement of specialists and experts in the investigation of cases, establishing cooperation with providers in order to timely identify extremist and terrorist crimes, a deeper study of the personality of criminals who specialize in committing extremist crimes using the field of telecommunications and computer information. The use of telecommunications and computer information in the commission of extremist crimes indicates a high intellectual level of the criminal, which helps him not only to commit high-tech crimes, but also to hinder the investigation of his actions using the same knowledge and experience. In this regard, the social danger of both the criminal and the offence committed by him increases, which should be taken into account when solving and investigating crimes. In addition, the professionalism of criminals makes increased demands on law enforcement officers investigating crimes of this type, which means that it is necessary to constantly improve their training in the field of computer information and telecommunication technologies. The paper discusses some issues of classification of extremism using computer and telecommunication networks, gives a definition of extremism, and suggests ways to solve problems in the qualification and organization of the investigation of the crimes in question.

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