Criminal law politics on regulation of criminal actions in Indonesia (original) (raw)
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International Journal of Science and Society
Every member of the National Police should ideally be a law enforcement officer who carries out maintaining public security and order, enforcing the law, and providing protection, shelter, and service to the community. In fact, there are members of the National Police who are part of a syndicate of narcotics traffickers. Therefore, the criminal law enforcement policies are implemented against the perpetrators. The problem of this research is how the policy of criminal law enforcement against drug dealer syndicates is carried out by members of the National Police and what are the legal consequences for the perpetrators of illicit drug trafficking syndicates carried out by members of the Indonesian National Police. This study uses a normative juridical approach based on secondary data which was analyzed qualitatively. The results of this study indicate that the policy of law enforcement against the perpetrators of drug trafficking syndicates carried out by members of the National Poli...
Dynamics of Legality Principles in Indonesian National Criminal Law Reform
Journal of Law and Legal Reform
This study aims to find out the dynamics of the legality principle in the renewal of criminal law laws in Indonesia. The type of research used is doctrinal research. All data obtained were analyzed qualitatively juridically. This study examines and examines secondary data about the dynamics of the legality principle in reforming criminal law laws in Indonesia. The principle of legality according to Paul Johan Anslem von Feuerbach is nulla poena sine lege; nulla poena sine crimine; nullum crimen sine poena legali. These three phrases then become the adage Nullum delictum, nulla poena sine praevia legi poenali, which means that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed. The results of this studystates that if an act does not meet the formulation of an offense in a written law, the judge can impose a sentence if the act is considered disgraceful, contrary to justice and other social norms in people&...
Political Configuration of Law in Law Enforcement in Indonesia
Ilomata International Journal of Social Science, 2023
This article discusses the configuration of legal politics towards law enforcement and its impact on the legal system in Indonesia. The politicisation of law enforcement is one of the negative implications of legal politics that can cause injustice and imbalance in the justice system. In law enforcement, it is important for the state to ensure the independence of legal institutions, avoid politicisation of law enforcement, and increase the accountability of the justice system as well as maintain public trust in the legal system and government. This research aims to find out the impact of the development of legal politics on the law enforcement system in Indonesia and the existence of legal politics in the law enforcement system in this country. The method used in this research is a normative juridical approach. The results of the study show that Legal politics has a big role in law enforcement, often in enforcing the law the role of politics is not applied properly, where law enforcers prioritise the interests of political elites. The impact of legal politics on law enforcement has a negative impact on society and the justice system. The law should be enforced based on the principles of justice, without political interference or involvement. Law enforcement officers should not give different treatment to anyone because everyone has equal rights under the law.
Journal of Drug and Alcohol Research, 2021
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.
Pandanga Remaja Terhadap “Legalisasi Ganja” di Indonesia
JOURNAL OF SCIENTIFIC COMMUNICATION (JSC), 2020
There is a discourse on the legalization of cannabis that is constantly echoed by institutions and communities namely one of the proponent is Lingkar Ganja Nusantara (LGN) generate concern in various side of society. According to Badan Narkotika Nasional (BNN) in 2019 drug abuse more increasing by 24-28 percent in Indonesia among them are milenials. With about 60 percent of drug cases are cannabis abused. The aim of this journal is to find out how the milenials teenager see from their perspective about the legalization of cannabis. Mix method research will be used in this journal. In quantitative research will use survey methods, also will use accindental random sampling sample technique to 345 teenagers who live in Bandung and Jakarta. The survey collection period will take place on 1-3 October 2019. Then this research will be combined with qualitative data from case studies of 8 teenagers who do not want to be mentioned of named or name of community, because of concerns and the emergence of negative associations with the community. The research results showed a linkage factor between exposure to information in the media that strengthened most of the objects agreeing to legalize cannabis. Positive jargon about cannabis presented by proponent communities reinforce the truth about the legalization of cannabis. Friends / colleagues become a source of information that is considered valid and credible as a basis for other information about the legalization of cannabis.
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This study describes the basis for the application of material criminal law to criminal acts of drug abuse and to determine the judge's consideration in making a decision on case No. 5 / Pid.Sus / 2020 / PN Nla. This research was conducted in the city of Namlea, namely in the Namlea District Court using primary and secondary data methods. Data (interview) directly with the parties concerned. Meanwhile, secondary data collection techniques are carried out by reading documents or regulations and literature books related to the material to be presented in the thesis. After all the data is collected, the data is processed and analyzed qualitatively and then presented descriptively, that is, searching for and collecting data related to the object and the problem under study, then systematically arranging it to get a clear and complete picture, so that an answer is obtained as a conclusion to the problem. researched. Based on the results of research and discussion, it shows that: 1) i...
Law Enforcement against Criminal Acts in Politics in Indonesia Connected with Positive Law
Journal of Politics and Law, 2017
Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.
Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia, 2022
Indonesia is a state subject to law which is regulated by an evenhanded law. This obligation is contained in Article 1 entry (3) of the 1945 Constitution of the Republic of Indonesia which communicates that Indonesia is a consecrated state. Some fundamental principles of the state of law is the presence of an independent and reasonable lawful leader and the incomparable nature of law that contains the standard of consistency under the careful focus of the law and the rule of legitimateness (reasonable treatment of law). According to the standard of a rule of peace and law, Based On Law Number 35 Of 2009 On Narcotics confirms that the lawful power is an independent capacity to supervise value to maintain law and value. This game plan focuses on that judges are not the mouthpiece of the law; they have the obligation to give a sensation of value to the neighborhood. Judges should not be trapped in a vacuum accepting there is no law, the law is vague or doesn't facilitate with the value of value. This survey hopes to assess how judges make or track down their legitimate decisions on criminal cases of sedatives abuse.
Execution of Death Penalty in Narcotics Crime in the Perspective of National Law in Indonesia
International Asia Of Law and Money Laundering (IAML)
The abuse of illegal drugs is a threat to the sovereignty of the nation and the state of drug eradication requires the role of all parties to narrow the movement of drug dealers who are still trying to market the illicit goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for the perpetrators of narcotics crime for the sake of national and state sovereignty.In Indonesia today, the imposition of criminal sanctions in the form of a death penalty by a judge for perpetrators of narcotics is one of the policies adopted in Law No. 35 of 2009 on narcotics and cannot be separated from the criminal law norms adopted by the criminal law so far, for example in Article 10 of the Criminal Code. Another thing in the other world is that there is a significant development of narcotics users by taking depenalization actions against users that aim to replace prison sanctions that are sometimes applied to other criminal sanctions such as Soci...
Legal Politics of Corruption Criminal Enforcement In Indonesia
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Corruption is the main problem of the deterioration in Indonesia, that corruption acts committed by a few of people resulted in the entire nation must bear the consequences. Corruptive behavior has been a culture since ancient times, before and after independence, in the era of the Old Order, New Order, and continuing to the Reformation era, so that special strategies are needed in it’s eradication. This research is a normative legal research using the statuta and historical approach. Legal politics in the enforcement of corruption in Indonesia by forming several laws and regulations and the movement to eradicate corruption. The improvement is good in the substance of its rules, the eradication movement which is part of the nation's culture, and improvement in its institutional aspects, so that it is expected to be able to eradicate corruption with efficient and effectiveness.