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Erdianto Erdianto
LAW FACULTY UNIVERSITY OF RIAU, PEKANBARU
Law, Crime, Criminology & Criminal Justice

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UPAYA MASYARAKAT MELAYU KECAMATAN PANGEAN KABUPATEN KUANTAN SINGINGI DALAM MENCEGAH DAN MEMBERANTAS PENYALAHGUNAAN DAN PEREDARAN GELAP NARKOTIKA DAN PREKURSOR NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Hidayat, Andri; Erdianto, Erdianto; Tiaraputri, Adi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Narcotics based on article 1 paragraph (1) of Law Number 35 of 2009concerning Narcotics which reads "narcotics are substances or drugs derivedfrom plants, both synthetic and semisynthetic, which can cause a decrease orchange in consciousness, loss of taste, reduce to eliminate taste. pain, and canlead to dependence, which are differentiated into groups as attached in this Law". Narcotics precursors are substances or starting materials or chemicals that canbe used in the manufacture of narcotics which are differentiated in the table asattached to this Law.This type of research can be classified into sociological juridicalresearch where the research tests the effectiveness of the current law. Thissociological research is a type that is viewed from the purpose of legal research.Sociological or empirical legal research consists of legal identification(unwritten) and research on the effectiveness of the law.The research objectives of this thesis are; First, public participation isseen from Article 104 of Law Number 35 Year 2009 concerning narcotics, whichstates that “the public has the widest opportunity to participate in helping toprevent and eradicate the abuse and illicit trafficking of narcotics and narcoticprecursors. The two efforts made by the Malay community of Pangean District inpreventing the circulation and abuse of narcotics.From the research results, based on two problem formulations it can beconcluded. First, so far the community has not fully participated in the preventionand trafficking of narcotics and narcotics precursors, it can be seen from theincreasing number of use and circulation of narcotics in Pangean sub-district.Second, preventive efforts have been made to the maximum extent possible by thevillage apparatus working together with the Police to disseminate information onthe dangers of narcotics abuse and narcotic precursors. However, the problem isin the form of implementation or real action from the community.Keywords: Narcotics, Community Efforts, Prevention
GAGASAN DEKRIMINALISASI TERHADAP PASAL 505 KITAB UNDANG-UNDANG HUKUM PIDANA TENTANG TINDAK PIDANA GELANDANGAN Bagus, M. Rizky; Erdianto, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Article 505 of the Criminal Code states that "Any person who is stranded without seeking, shall be punished for committing homelessness with a maximum imprisonment of three months". From this article it means that homelessness is a criminal act that is punishable by crime. On the other hand, Article 34 of the 1945 Constitution confirms that the poor and neglected children are cared for by the state, it can be seen from the two articles that there is a conflict between the articles of the 1945 Constitution and the Criminal Code. In addition, in criminal law, there is a principle of geen straf zonder schuld, this principle requires the existence of an element of mens rea in the perpetrator, that mistakes are the main element of a person can be convicted, from this principle it proves that there is no clear correlation between vagrant behavior and the elements mens rea in homeless people. The purpose of this study is to determine the need for decriminalization of article 505 of the Criminal Code.This research is a normative study with an approach to the legal principle, namely the principle of geen straf zonder schuld. Using secondary data with data collection from library research (library research), in qualitative juridical analysis and concluded using a descriptive analysis method.From the research results it can be seen that criminalization in Indonesia is still confusing, the laws in Indonesia still do not pay attention to important aspects of the criteria for criminalization and decriminalization. As well as the application of the geen straf zonder schuld principle to Article 505 of the Criminal Code is not applied so that non-criminal homelessness is said to be a crime by law. So the conclusion of the problem is an idea that requires the actions of the homeless to be decriminalized. The process of decriminalizing homeless people has an important meaning, namely improving the conditions of the Criminal Code which are considered outdated and will return the criminal law to its original position, namely as ultimum remedium.Keywords: Homeless-Crime-Criminalization-Decriminalization-Geen Straf Zonder Schuld
Co-Authors Andri Hidayat, Andri Bagus, M. Rizky Danu Hermansyah, Danu Davit Rahmadan Elmayanti, Elmayanti Febria, Anggun Gabriel, Alexander Ricardo Gustin, Darti Weni Haryanto, Popo Ledy Diana Putra, Raka Prasetya Samadi, Muhammad Alfarid Silalahi, Jonathan Christoper Sulandari, Devina Sutri Utami Tiaraputri, Adi Widia Edorita