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All Journal Jurnal Daulat Hukum
Anis Mashdurohatun
Faculty of Law UNISSULA Semarang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Disparities Criminal Case Against Judge's Decision In Crime Of Narcotics Abuse Viewed From The Purpose Of Criminal Law Defry Dwi Irmawan; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i4.4141

Abstract

Criminalization of the criminal case of narcotics abuse by the judges are very diverse. The aim of research to find out and analyze why the disparity in the criminal verdict against narcotics abuse criminal case, how the implementation of the basic objective of sentencing disparity in the criminal verdict against narcotics abuse criminal case. Methods are juridical sociological approach using primary data from interviews with relevant parties associated secondary data of materials applicable laws or regulations. The results of the study, 1) criminal disparity in criminal narcotics abuse, cause by the impact of the crime of narcotics abuses, committing criminal background narcotic abuse, the persuasive principle of Presedent, The existence of freedom and independence of the judge in the 1945 Constitution, the laws existing judicial power, the theory of dissenting opinions, and the doctrine of res judicate hebetur pro veritate. 2) Implementation of the objective of sentencing in criminal disparity criminal case of narcotics abuse, contained in the formulation of a special minimum punishment in Act No. 35 of 2009, is to meet the demands of society and the effectiveness of the influence of general prevention. of punishment meted out, the final attempt of criminal law and serves as a special precaution, prevention against the perpetrators to obtain deterrence and rehabilitation for himself.Keywords: Narcotics abuse; Criminal Disparities; Objective Punishment. 
Police Role In The Process Of Penal Mediation Agus Triatmoko; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i3.3345

Abstract

Penal mediation settlement of criminal cases into the shape desired by the people involved in the dispute or disputes between community members. This is caused because the penal mediation there is no one party that defeated or won, so hopefully after the settlement with this penal mediation model disputing community members can live in peace side by side back to normal. This study raises the issue. What is the role of the police in the process penal mediation? This study belongs to the species normative legal research. Technic collecting data used is the study of literature. Descriptive analysis method. The results showed that that the implementation of the Police has the authority to conduct penal mediation by Act No. 2 of 2002 on the Indonesian National Police. One form of penal mediation by the police that the decision to terminate the criminal case after the settlement reached through negotiation involving mainly the victims and perpetrators, as well as religious leaders, community leaders and local government representatives.Keyword: Police, Penal Mediation, Criminal Case.
Co-Authors Agus Triatmoko Defry Dwi Irmawan