teddy asmara - Academia.edu (original) (raw)

Papers by teddy asmara

Journal of Drug and Alcohol Research, 2021

The concept of sanctions in the Narcotics Law is the imposition of sanctions that focus on retali... more The concept of sanctions in the Narcotics Law is the imposition of sanctions that focus on retaliation; this can be seen in regulating the types of hefty criminal sanctions against the perpetrators of narcotics crimes. The imposition of criminal sanctions in the Narcotics Law is imposed on users, dealers and producers. With the concept of penal sanctions that are monistic, the penalty hurts physically really enjoy, like a sentence. Prison apart from the concept of deterrence of retaliation, in the Narcotics Law, the penalties for narcotics users and Narcotics traffickers are the same. The imposition of the same sentence resulted in human rights violations for narcotics users because narcotics users should be prioritized to get Rehabilitation rather than imprisonment. Forms of violations of human rights violations in the Narcotics Law, namely the right to live and the right to health for narcotics users in Indonesia.

Journal of Legal, Ethical and Regulatory Issues, 2021

Yuridika

Integrity Zone is proposed to improve the quality of public services, and as an effort to realize... more Integrity Zone is proposed to improve the quality of public services, and as an effort to realize clean and good government, even it is still hard to fully realize in specific law enforcement agencies, such as the Prosecutor's Office of the Republic of Indonesia. For that purpose, the implementation of the related law should be accompanied by an understanding that humans are the prominent entities in realizing the norms contained in the integrity zone. The potential for abuse of duties and authority by individual prosecutors that can at least be categorized as illegal acts should be appropriately addressed. A qualitative approach with the hermeneutic method was employed in this study to explore and examine the legal meanings behind the phenomena in the integrity zone through correct interpretation. It is concluded that there is a limitation in regulating the integrity zone within the attorney's office and not referring to the correct interpretation of the correlated law. The...

Journal of Thrombosis and Haemostasis, 2015

Journal of Dinamika Hukum, 2015

This research describes repressive legal habitus Unwima community by focusing on the issue of why... more This research describes repressive legal habitus Unwima community by focusing on the issue of why they create a legal cognition such manner and how to empower them in the public domain when facing a lawsuit in court and examination process in higher education office. The results of the research with ethnographic methods and interpretative analysis, First, that repressive legal habitus is a part of the neo-feudalistic thinking in education management. Second, the empowerment of repressive legal habitus in the public domain potentially generate a legal behavior of impulsive that tends to a manipulative, coercive, veiled, and other immorality practices.

International journal of criminology and sociology, 2021

This research aims to examine the crime of gratification as part of the criminal act of corruptio... more This research aims to examine the crime of gratification as part of the criminal act of corruption, which will be seen in Talcott Parson's perspective. Corruption today is a problem for developing countries and has become a world problem that requires integral and transnational handling. One of the most disclosed forms of corruption today is corruption in the form of gratuities. This research method uses normative juridical research with the approach of laws, concepts, and principles and collects primary legal material in the form of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The results of this study found that the Cybernetics Theory, which Talcott Parsons coined, views the problem of alleged gratification as being strongly influenced by the economic subsystem , this is because a decision that is made has a significant impact on anyone, so it is not surprising if there is a lot of price bargaining. Moreover, the least impact is the cultural subsystem because this subsystem is only the economic sub-system's impact.

This study discusses the potential protection of Geographical Indication (GI) towards natural res... more This study discusses the potential protection of Geographical Indication (GI) towards natural resources as the national or state assets, the right of the local community to the economic or commercial values of the geography from their region. Analyzing federal laws and international legal agreements related to the Geographical Indication that adopts the fairness concept approach emphasizes fairness, equal opportunity, and reciprocity. Currently,GI protection has discriminated in terms of the safety of GI merely protects agriculture resources oar yields, processed products, handmade or other natural resources products. The product is related more to mark. Nevertheless, GI is only associated with geography characteristics, qualities and reputations and local community of all-natural resources,i.e. rattan as the state assets which should be protected. This study finds that fairness demands Geographical Indication protection law that gives optimal protection to national assets, equal justice, and provides Indication to the area with high economic and community.

International Journal of Criminology and Sociology, 2021

Environmental issues in the development of urban areas namely licensing become the main tools in ... more Environmental issues in the development of urban areas namely licensing become the main tools in the context of creating a sustainable environment. The implementation of criminal law enforcement for violations of environmental permits due to inconsistencies between regulations in terms of granting Building Permits has been applied through the aspect of the law enforcement instead of concerning the ambiguity in terms of texts in statutory regulations. However, focus more regarding the context in which the law grows and develops, namely in the community. The purpose of this study is to understand the application of environmental criminal sanctions, especially in terms of licensing aspects that can provide legal certainty. By using the juridical normative method, that legal norms have governed a good and healthy environment and constitute human rights and constitutional rights for every citizen. The reality of law enforcement regarding licensing issues in environmental law includes Amdal or UKL-UPL which must be owned by business actors or initiators of activities, as mandated through Law No.32 of 2009 concerning Environmental Protection and Management. These basic norms become the legal basis into technical regulations in the form of Regional Regulations as a local regulation that must be synchronous and harmonious with the existing regulations. Synchronization and harmonization of norms is an absolute prerequisite to ensure legal certainty which is the ultimate goal of the process of working with the law in the dynamics of social change.

Syiar Hukum, 2011

The mental block of behavioral approach when implemented rational choice theory in economic law s... more The mental block of behavioral approach when implemented rational choice theory in economic law studies is actually reflection of its unrealistic core assumption: that people subject to law act rationally. That assumption or postulate is deductively elaborated into crudely conception of economic and psychological, and it is nothing else but necessarily to hold their paradigms that reasoned out the human frame of reference in an incentive-disincentive mechanism or the stimuli-respond design. No doubt the results of research that insisted arbitrary concepts and ignored inductive method would be artificial and partial nature, and essential dehumanization, or that research based on economy or psychology concept alone is not sufficient to accout for legal behaviour processes. Hence, legal economic scholars should established analysis the mind and act linkage through thick description, for example, by followed anthropology discipline has commited to holistic explanation, look at the peopl...

This paper discusses the coherence between the concepts and methods of the legal culture study ac... more This paper discusses the coherence between the concepts and methods of the legal culture study according to the ideational approach of anthropological perspective, and operational examples presented through techniques to formulate the problem in qualitative research. By using the emergent design, research problems in the proposal is still tentative and / or open it will be enhanced inductively in the field, through the process of intensification of theoretical sensitivity of the phenomenon. Change research problems and themes as well as the diversity of research methods is as a consequence of the strategy to explore the phenomenon being studied. Techniques so as one of the main ways to obtain the coherence of concepts and methods as well as a definitive study design were further narrated in the research report.

This non-doctrinal study analyzes the practice of ignoring the values of logical-factual justice ... more This non-doctrinal study analyzes the practice of ignoring the values of logical-factual justice and righteousness to eliminate corruption among the high-positioned state officials. The aim is to describe the establishment of criminal trials which are ambitious, which yet has counterproductive effects. There is not only injustice, but there is also the ignorance of the premise of material righteousness as the rational working character of criminal law. The primary data is in the form of interview to the perpetrators and the informants. The secondary data is in the form of case documents, which are analyzed qualitatively with the hermeneutic interpretation technique. Results of the study show that the ambitious elimination of corruption has the potentials to break the logics of criminal trials and restricts the ratio and conscience of law enforcers.

Legal Standing : Jurnal Ilmu Hukum, Nov 12, 2019

Yustisia Jurnal Hukum, 2014

This research reveals the character of psycho-economic actors involved in handling petty corrupti... more This research reveals the character of psycho-economic actors involved in handling petty corruption case or insignificant value of loss, therefore the study focuses on the core issue of what their goals the and motives reconstruct it be the case? For that purpose, the field research carried out by using a socio-legal approach and qualitative methods in a constructivist-interpretive paradigm. The results showed although the psycho-economic character of pragmatic but they have a different orientation, the complainant refers to the satisfaction of the emtotion and the material, the prosecutor referred to the fulfillment of bureaucratic reputation, and the judge refers to the needs of self reputation. In other words, a person's legal behavior based on the possibility of obtaining self needs according to his calculations on the experiences, the presence of community norms, and the actual situation at hand.

Legal Standing : Jurnal Ilmu Hukum

Jurnal Dinamika Hukum, 2012

This study describes the process of enculturation anti-corruption where its dynamic has change to... more This study describes the process of enculturation anti-corruption where its dynamic has change to a legitimation of should punish the defendant. With ethnographic case study approach, the study focused on how judges interpret the criminal acts of corruption and how to respond to legitimate to punish the defendant in the context of decision-making. The results showed that the judges react in two ways of reasonings, first, they interpret it as an intervention or intimidation that threatens self-identity. Second, open records his experience of corruption and political relations, or not as transparent as other cases. Technically, the conceptual relationship between the two reasoning is a psycho-cultural cognition as a perfect reflection on their work, structured from the examination to the decision. In other word, the defendant not guilty verdict symbolizes maintaining self-identy and a rejection of legitimation of the defendant should be penalised. ...

Syiar Hukum, Jun 28, 2011