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Death Penalty For Drugs Dealers and Traffickers From The Perspective of Islamic Law Zainab Ompu Jainah; I Gusti Ayu Ketut Rachmi Handayani
al-'adalah Vol 15, No 1 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.258 KB) | DOI: 10.24042/adalah.v15i1.2657

Abstract

This article examines the Islamic legal perspective on the application of capital punishment against drug dealers/traffickers. The aim is to find out whether these provisions are in accordance with the rules of Islamic law or not. This study uses a normative juridical approach which is carried out by examining legal norms or norms related to the object of discussion. This study finds out that Islamic law does not explicitly regulate drug crime, including determining sanctions for the dealers/traffickers. Islamic law only regulates the crime of liquor (khamer). Therefore, this criminal act can be included in the category of jarîmah ta’zîr which its legal sanctions are left to the authorities policy. Although this crime can be classified as a common crime, it is reasonable that the dealers/traffickers of the illicit goods are given severe punishment, even until sentenced to death, as this crime has a tremendously adverse effect not only for individuals but also for society and the nation as a whole. The sanction is in accordance with the principles of ushûl fiqh.
ANALISIS MOTIF, ALASAN UMUM DAN MODEL PENGGUNAAN PIDANA MATI TERHADAP TERPIDANA NARKOTIKA DI INDONESIA Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 10, No 1 (2019): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Regarding the imposition of capital punishment on criminals in Indonesia in the perspective of human rights based on the 1945 Constitution it turns out that it does not violate theprovisions of human rights law. The main problem is the object of research, namely how theimposition of capital punishment on perpetrators of criminal acts in criminal justice practicesin Indonesia. This research is a normative legal research through a statutory approach,conceptual data used secondary data by conducting library studies and data analysis carriedout by qualitative analysis. The results of the study show that the imposition of capitalpunishment on narcotics and psychotropic offenders in criminal justice practices inIndonesia, the application of narcotics and psychotropic offenders does not violate humanrights because it does not conflict with the provisions of Article 28A, Article 28I paragraph(1) and Article 28J paragraph ( 2) The 1945 Constitution and does not violate Indonesia'sinternational legal obligations born of international agreements concerning the eradicationof illicit trafficking in narcotics and psychotropic drugs so that law enforcement needs to beimproved.
Pertimbangan Hakim untuk Dilakukan Rehabilitasi Terhadap Pelaku Tindak Pidana Penyalahgunaan Narkotika Golongan I (Studi Putusan No. 290/Pid.Sus/2016/PN.Gns) Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 8, No 1 (2017): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Narcotics abuse is unlawful and unlawful use done not for the purpose of treatment, but because it wants to enjoy its influence, in excess, irregular, and lasts long enough to cause physical, mental and social health problems. The problem in this research is how the judge's consideration in breaking the rehabilitation of the perpetrators of the criminal act of drug abuse class I against Decision No. 290 / Pid.Sus / 2016 / PN.Gns. Normative juridical approach and empirical, data analysis used is qualitative. Based on the research results it is known that the judge's consideration stated that the defendant can be classified as a narcotics addict because the defendant's actions have been done since 2000 up to now and connected with the purpose of use to obtain pleasure, euphoria or add energy which is done continuously and produce securities Then the defendant can be in a state of narcotic dependence. As the recommendation is expected if law enforcement officers from the Police, Attorney and Court take the decision of rehabilitation can guarantee the defendant will not repeat the action again for that there must be coordination with the hospital where the Narcotics Abuse Group I is done rehabilitation.
PENGATURAN INTERAKSI PROSES PENYIDIKAN DAN PENUNTUTAN DALAM SISTEM PERADILAN PIDANA DI INDONESIA ZAINAB OMPU JAINAH
KEADILAN PROGRESIF Vol 9, No 1 (2018): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The enactment of Criminal Procedure Code as part of Criminal Law Policy with Law Number 8 Year 1981, in order to fulfill the provision that ensures law enforcement in accordance with their respective functions and authorities began to show limitations in achieving the objectives of the criminal justice process in Indonesia. Problems arise, among others, starting from the interaction of investigation and prosecution in Pre Prosecution. The problem of this research is the criminal law policy that regulates the interaction of investigation and prosecution process in the criminal justice system based on Law No. 8 of 1981 on Criminal Procedure Law. The research method used is the normative juridical approach of data consisting of secondary data and primary data. Data analysis is descriptive analysis. The results of the study showed that the disagreements in the investigation and prosecution process resulted in the back of the file. The formulation of Article relating to the process of interaction of investigation and prosecution in the Draft Law on Criminal Procedure is still formulated in a limitative manner, and has not had sufficient article explanation and has not been in line with international standard of good judicial process. The advice given is the need to be re-set clearly and firmly about the interaction of investigation and prosecution with the formulation of articles that are not multi-interpretation. Suggestions for notification of commencement of the investigation shall be obligations carried out no later than two days after the commencement of the investigation, and coordination and consultation shall commence from the commencement of the investigation.
Analisis Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Kurir Narkotika (Studi Putusan Perkara Nomor : 414/PID-Sus/2014/PN.Kla) Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 7, No 1 (2016): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Circulation of Narcotics in Indonesia today has manifested in various forms since the Narcotics traffickers always find a loophole to run the circulation of narcotics. One case is the crime of illicit traffic of narcotics in the jurisdiction of the District Court Trump in Decision Case Number: 414 / Pid-Sus / 2014 / PN.Kla, defendant Syarbaini Bin M. Dahlan proven legally and convincingly guilty of committing a crime do conspiracy unlawfully or unlawfully receiving Narcotics Group I in plants not exceeding five (5) grams. The main problem in this study include: a. What form criminal liability courier Narcotics, The study was conducted with normative and empirical approach. The data used in this study secondary and fiel study the data was analyzed qualitatively. The conclusion of this study are:  criminal liability that is based on the courier Narcotics errors that meet the elements against the law and there is no reason for removing the unlawful nature of the actions performed. Executed criminal liability of punishment against the defendant for 15 (fifteen) years imprisonment and a fine of Rp. 1.000.000.000, - (one billion rupiah) provided that if the defendant can not afford to be replaced by imprisonment for six (6) months. Suggestions in this study so that law enforcement officials should determine and follow up on the crime of Narcotics courier in the event of a deed investments / participating or participated stand alone.
Pelaksanaan Kearifan Lokal di Kawasan Wisata Pulau Pahawang, Kabupaten Pesawaran, Propinsi Lampung Zainab Ompu Jainah; Lintje Anna Marpaung
KEADILAN PROGRESIF Vol 8, No 2 (2017): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

 Pahawang Island is one area that has great tourism potential in Pesawaran District, Lampung Province which offers the beauty of a bay with a variety of marine biota and mangrove forests. The abundance of this potential is not supported by an adequate regulation of the development of tourist areas based on local wisdom that regulates local wisdom that exist in the community in relation to the conservation of natural resources in the framework of the development of tourist areas. The problem in this research is how the implementation of local wisdom in the community Tourism Area Pahawang Island, Pesawaran District, Lampung Province? Problem approach is done by normative and empirical juridical method by using primary data and secondary data and also qualitative data analysis. Based on the results of research can be concluded that the local wisdom that occurred on the island of Pahawang be one example of success in saving mangrove forest in Lampung. Pahawang Island Village has Village Regulation (Perdes) Mangrove Rescue which contains about the prohibition and sanction for villagers and migrants who cut down mangrove trees. The Perdes was made citizens not solely because of the success of the NGO's environmental campaign, but because of local wisdom that reappeared.
Analisis Pertanggungjawaban Pidana Terhadap Perantara Jual Beli Narkotika Golongan I (Studi Perkara Nomor 1066/PID/B/2012/PN.TK) Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 6, No 1 (2015): Maret
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Narcotics that occurs in the community and is an unlawful act, either offering for sale, selling, purchasing, receiving, became an intermediary in the sale and purchase, exchange or cede Narcotics Group I. The problem in this paper is how the criminal responsibility of the intermediary selling narcotics Category I not plant?,. The method used is a normative juridical approach. The collection of data based on literature studies, data analysis performed by qualitative analysis. Results of the study describes the criminal responsibility of the perpetrators as an intermediary for the sale and purchase of Narcotics Group I Not Plants by imprisonment for 5 (five) years and a fine of Rp 1,000,000,000 (one billion rupiah) with the provision that if the fine is not paid to be replaced by confinement for 3 (three months). Suggestions can be submitted that needs to be disseminated and counseling dangers of drugs starting from elementary school students to the level of Higher Education.
PENERAPAN PIDANA KURUNGAN SEBAGAI PENGGANTI PIDANA DENDA TERHADAP TERPIDANA NARKOTIKA Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

The provision of imprisonment sanctions as a substitute for criminal fines is expected to be a solution to provide penalties and deterrent effects to prisoners who are unable orunwilling to pay fines, including narcotics convicts. The method used by the normativejuridical approach and analysis is done qualitatively. The results showed that theimplementation of imprisonment as a substitute for criminal fines against convicted narcoticsis applied to those convicted who obviously cannot afford to pay the amount of fines that havebeen determined based on court decisions that have permanent legal force. The inhibitingfactor in the implementation of imprisonment as a substitute for criminal fines againstconvicted narcotics is a system of supervision and guidance. As a suggestion, the quality andquantity of officers in monitoring and coaching needs to be improved
Membangun Budaya Hukum Masyarakat Penegak Hukum dalam Pemberantasan Tindak Pidana Narkotika Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 2, No 2 (2011): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

This study is about a building legal culture of law enforcement apparatur for narcoticcrime (The birth studies Institute of the National Narcotics Agency). Efforts to reformthe criminal law in the prevention and eradicate of narcotic drugs should be increasedconsidering the extra-ordinary-crime by using policies that not only the use of criminalenforcement but also must be integrated with the use of means-beyond the means ofcriminal law (non-penal), one of which is the law of cultural development of nationalNarcotics Board. The legal culture of the institution through good performance,consistency, and the consequent increase in human resources, as well as goodmanagement which always be able to provide evidence that their presence actuallymeet the goals of criminal law reform
Pertanggungjawaban Pidana Terhadap Wanita dalam Perdagangan Narkotika (Studi Putusan No reg. 533 / Pid.Sus / 2013 / PN.TK) Zainab Ompu Jainah
KEADILAN PROGRESIF Vol 7, No 2 (2016): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Narcotics is a violation of the law and violation of social norms that have been around a long time in line with the development of other crimes such as prostitution, gambling, and others. The research problem is how the criminal accountability for perpetrators of drug trafficking carried out by a woman? Juridical normative and empirical approach, the data used is qualitative analysis. Based on the research panel of judges in the trial of the case of narcotics, with No. reg. 533 / Pid.Sus / 2013 / PN.TK verdict for NUR is we Als MILA proven legally and convincingly guilty of committing a crime "without authority or unlawfully distribute Narcotics Group 1 in the form of plants weighing not exceed five (5) grams of" as regulated and punishable under Article 114 Paragraph (2) of Law Number 35 year 2009 on Narcotics, convict the defendant imprisonment for 15 (fifteen) years fine of Rp 4000,000,000, - (four billion rupiah) subsidiary 6 (six) months imprisonment. With the consideration that in view of the crime of drugs and psychotropic substances included in a special type of criminal offense then criminal sanctions can be imposed against cumulatively by dropping two principal types of criminal as well, such as imprisonment and criminal fines or capital punishment and criminal penalties. Suggestions, for law enforcement should be the rule of law as stipulated in the Law on Narcotics, it is expected that law enforcement officers can reveal all the perpetrators of drug crimes so that it can be judged without any remaining.
Co-Authors . Baharudin Agung Putra Fatullah Ahmad Hidayat Aldi Permana D Muhyi Alfonsus Demitrio Jehanu Aljura Aljura Alya Gustin Liantina Angely Gistaloka Angga lana Anggalana . Anggalana ANGGALANA Anggalana Anggalana Anggun Sabrina Aswin Surapati Ayo Vide Siratama Bambang Hartono Bareta Miki Putri Bonny Triatna Cayadi Cayadi Cintya Dwi Meilita C Desta Fani Acbel Dhani Handayani Dicky Hermawan Dwi Mahendra Erlina B Erlina B. Farizal Raname Rasyid Frengki Sanjaya Gusti Wahyu Triyadi Heldi Feprizon Hendri Dunan Hengki Irawan Heru Sandi Susilo I Gusti Ayu Ketut Rachmi Handayani I Wayan Nanda D INDAH SATRIA Indah Satria Intan Nurina Seftiniara Jimmi Santoso Joni Paamsyah Kornelius Sarmono Lintje Anna Marpaung M. Genta Lambang M. Rival Putra Mustafa M. Yusuf Fauzi Maretha Indri S Melisa Safitri Muhammad Arief Rahman Muhammad Arif Rinaldi Basri Muhammad Arif Rinaldi Basri Muhammad Ridho Akbar Muhammad Yudha Novandre Muhammad Yudha Novandre Muhammad Zulkarnain Muharam Asih Novi Mulki Aja Perdana Mutiara Nabhila Putri Nada Alia Husna Nopeyan Smith Okta Ainita Okta Vianus Puspa Negara Putri Mawardita Puspitasari Putri Meira Yustika Rachmad Kurniawan Recca Ayu Hapsari Reza Fatika Yuniar Rinaldi Ramadhan Rinjani Dhea Gustiana Rinjani Dhea Gustiana Riza Muhida Riza, Muhammad Robert Enakesda S. ENDANG PRASETYAWATI S. Tri Herlianto Savitri Gautama Sheila Monica Yohanes Sigit Pamungkas Sija Putra Rulanda Suhery Suhery Suta Ramadan Thia Remona Febrianti Titin Prihatiningsih Valian Trisnanto Budi N Yanuar Dwi Prastyo Yoga Dwi Anggara yohanes merci Zainudin Hasan Zulfi Diane Zaini