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All Journal Syariah: Jurnal Hukum dan Pemikiran Journal of Islamic and Law Studies (JILS) Journal of Law and Nation INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS)
Yusuf Setyadi
Universitas Siber Asia, Jakarta
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal of Law and Nation

 1 
PENERAPAN REHABILITASI DAN PENGOBATAN PASIEN NARKOTIKA DALAM PASAL 53 DAN PASAL 54 UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Yusuf Setyadi; Krismanko Padang
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Article 54 of Law Number 35 of 2009 stipulates that Narcotics addicts and victims of Narcotics abuse are required to undergo medical rehabilitation and social rehabilitation. This regulation is categorized as a “special” regulation that deviates from the general criminal system prevailing in Indonesia. It is called "special" because it applies a double track criminal system, namely a criminal system that produces two types of sanctions: criminal and action. In this case, all court institutions in Indonesia are required to provide action sanctions, namely the rehabilitation of all Narcotics abusers and dealers sentenced to imprisonment or the death penalty. Rehabilitation is regulated in CHAPTER IX of Law Number 35 of 2009. Rehabilitation is divided into two, namely Medical Rehabilitation and Social Rehabilitation. Article 53 concerning Treatment is stated in paragraphs (1) to (3) regarding the ability of patients who are being rehabilitated to store, carry, and use Narcotics Category II or Category III at the request of a doctor and medical indications. Moving on from the regulation, the author will elaborate with the juridical-normative study method and descriptive-analysis from primary and secondary legal sources. The problem of the study that will be resolved is to what extent these regulations can be applied by doctors and what conditions must be met? Does the regulation not conflict with other laws and regulations? How effective is the method based on medical research? Through these questions, the author analyzes the main issues that arise in the material of Article 54 Number 35 of 2009 concerning Narcotics.
TINDAK PIDANA NARKOTIKA TERHADAP ANAK DIBAWAH UMUR Ozi Saputra; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

In the juvenile criminal justice system in Indonesia, children as narcotics abusers undergo a criminal justice process. As a vulnerable party in the criminal justice process, even though they are undergoing a judicial process, children must still receive protection. The purpose of this research is to find out the form of protection and what factors are the barriers to legal protection for children as narcotics abusers in the criminal justice system, as a discourse that will be discussed in this study. The method used is normative legal research method, namely reciprocal research between legal norms and social facts. The results of this study indicate that in the perspective of Law No. 35 of 2009 concerning Narcotics, it is not specifically regulated regarding children as perpetrators of narcotics abuse. Through diversion, children who abuse narcotics get protection. The form of diversion of children as narcotics abusers is possible by handing them back to their parents/guardians or participating in education and training and community services
TINJAUAN PUSTAKA MENGENAI PENCEGAHAN DAN PEMBERANTASAN PERDAGANGAN NARKOBA DI INDONESIA Syahar Ganji; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Many countries, including Indonesia, are concerned about increasing drug trafficking. Currently, Indonesia is in an “Emergency on Drugs Trafficking” situation. Various efforts to overcome and prevent the rampant circulation of drugs have been made to save the younger generation. Drug crimes that have spread need to be eradicated because drug trafficking has occurred nationally and has even crossed international boundaries. The purpose of this study is to identify and analyze the actions needed to prevent and overcome drug trafficking. Then, to find a final solution in dealing with obstacles that arise in the prevention and eradication of drug trafficking in Indonesia. This study uses a normative juridical approach that examines theories, concepts, legal principles, and applicable laws and regulations. In addition, it also uses an empirical approach as a supporting study to obtain more factual data. In conclusion, illicit drug trafficking has become a national and international social issue and has even become a legal issue in society. Certain legal actions are needed to prevent and resolve drug trafficking in Indonesia, one of which is through legislation. Law Number 35 of 2009 concerning Drugs is the legal basis for the prevention and eradication of drug trafficking in Indonesia. Limitation of research that focuses on the improvement and prevention of drugs must be supported by all parties from the family, community and government. and national cases that are difficult to solve considering that the network is hidden and requires special expertise where national and international cooperation is needed so that drug trafficking can be tackled quickly.
TINDAK PIDANA NARKOBA DALAM PERSPEKTIF HUKUM POSITIF INDONESIA (STUDI KASUS PENYELUNDUPAN NARKOBA KE LAPAS NUSAKAMBANGAN) Yusuf Setyadi; Wahyu Wibowo
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Talking about narcotics crimes, we are always faced with the existing reality, where crimes are committed individually to involve certain groups in a community from the lower class to the upper middle class society and even to involve law enforcement officers. Drug smuggling and distribution is not only around the community, but also even in prisons and detention centers. For example, in 2012, seven Nusakambangan prisoners were proven to be the masterminds of the distribution of 3.9 kilograms of narcotics, and several other cases. This study aims to analyze the causes and prevention of narcotics crimes based on Indonesian positive law. This research method is a normative method that is useful for finding and formulating legal arguments through analysis of the subject matter. As a result, the lack of control or supervision from prison officers over drug trafficking in prisons or detention centers causes an increase in drug trafficking. Therefore, the prevention and control of narcotics abuse must be pursued as much as possible from various parties.
PENEGAKAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DALAM POLITIK HUKUM DI INDONESIA: STUDI KASUS TIMOR TIMUR Yusuf Setyadi; Ozi Saputra
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

The essence of Human Rights (HAM) is an effort to maintain the safety of human existence as a whole through a balance between individual interests and public interests. One of the cases of gross human rights violations in Indonesia is the case in East Timor, which has prompted the international community to establish an international tribunal for the perpetrators. The urge for an international tribunal, especially for the gross human rights violations that occurred in East Timor, is getting stronger and even the UN High Commission has issued a provision to disclose the possibility of serious human rights violations in East Timor. The purpose of this study is to examine the enforcement of human rights violations in East Timor in Indonesian political law. The results of this study indicate that in the East Timor case, many of the defendants became the constitution or laws as legal shields. On the other hand, the slow and even delayed judicial process was the result of factors and the legal system that was not developed seriously, thus proving that at that time the government worked not based on awareness, but because of the strengthening or weakening of public pressure.
THE ROLE OF LEGAL PHILOSOPHY IN BUILDING THE MORAL OF THE NATION'S CHILDREN Tri Madya Wianto; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Philosophy of law in the science of law is the culmination of the legal structure itself, in making legal instruments, these instruments must protect the entire Indonesian nation with the aim of underlying the moral development of the nation's children, because of the importance of morality in the life of society, nation and state in an effort to establish unity and unity. Indonesian nation. Therefore, legal philosophy expressly provides fundamental views on law, with the aim of building the morale of the nation's children so that in the future they become ethical, moral office holders and uphold the law in its implementation. In this writing, the writer uses the Theory of Justice and Human Law.
PENEGAKAN HUKUM DALAM PUTUSAN HAKIM UNTUK PERKARA YANG MENIMPA MASYARAKAT KECIL Paramitha Ariana; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Along with the development of science and technology from time to time of civilization, humans also experienced changes, and then new problems arose, of course, all of which needed more progressive legal rules to provide balance to these social changes. Nowadays there are often legal cases that refer to "Sharp at the Bottom, Blunt at the Top". To provide a view that often occurs in society, the role of law enforcement is needed to uphold legal certainty and justice, with the intention that the law can apply as fairly as possible to all circles of the Indonesian people.
Co-Authors Ahmadi Hasan Gusti Muzainah Hendrikson Siahaan Krismanko Padang Kumbul Kusdwidjanto Sudjadi Munisah Munisah Ozi Saputra Paramitha Ariana Rumainur Rumainur Surajiman Perkasa Syahar Ganji Titer Wahyanto Tri Madya Wianto Wahyu Wibowo Wahyu Wibowo