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Journal : Uniqbu Journal of Social Sciences

JUDICAL REVIEW OF THE CRIME OF NARCOTICS ABUSE CATEGORY I: (Tinjauan Yuridis Terhadap Tindak Pidana Penyalagunaan Narkotika Golongan I) Sofian Malik; Ridwan Syarif Goa; Darwin Rukua; Salmah Yusuf
Uniqbu Journal of Social Sciences Vol. 1 No. 2 (2020): Uniqbu Journal of Social Sciences (UJSS)
Publisher : LPPM UNIQBU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (492.216 KB) | DOI: 10.47323/ujss.v1i2.41

Abstract

Abstract 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) in Decision No. 5 / Pid.Sus / 2020 / PN Nla, the Public Prosecutor uses the second indictment, namely Article 127 paragraph (1) letter a of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics the elements in the indictment have been deemed proven by the Public Prosecutor. that is, the acts and elements of the article match each other, and according to the author, the application of material criminal law in this case is not in accordance with the applicable criminal law in Indonesia. 2) in Decree No. 5 / Pid.Sus / 2020 / PN Nla, the author does not agree with the Panel of Judges in implementing Article 127 because the elements are not proven and do not match each other, the Panel of Judges is wrong in making decisions without looking at Articles 54, 55 and 103 of the Republic of Indonesia Constitution No.35 Years 2009 About Narcotics. Thus, in relation to the convictions of the defendants, both criminal sanctions and complementary rehabilitation measures. Keywords: Criminal. Narkotika, Namlea
THE ROLE OF THE VILLAGE REPRESENTATIVE COUNCIL IN IMPLEMENTING VILLAGE GOVERNMENT IN MALUKU : (Peran Badan Permusyawaratan dalam Pelaksanaan Pemerintah Desa di Desa Karang Jaya, Maluku) mansyur nawawi; Darwin Rukua; Laeko Lapandewa; Salmah Yusuf; Belinda Sam
Uniqbu Journal of Social Sciences Vol. 2 No. 1 (2021): Uniqbu Journal of Social Sciences (UJSS)
Publisher : LPPM UNIQBU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47323/ujss.v2i1.106

Abstract

                The territory of the Republic of Indonesia is very wide covering many large and small islands, so it is not possible if everything will be managed entirely by the Government which is domiciled in the State Capital, to manage the administration of state government to all corners of the country, it is necessary to form a regional government. Local governments and village governments have shifted from a centralized system of government to a decentralized one so that providing services to the public is closer and can be done optimally. This implementation brings a lot of hope to the improvement, management, and quality of local performance. This study aims to examine the role of the Village Consultative Body (BPD) in the Village Government and what factors hinder the role of the Village Consultative Body (BPD) in the Village Government in Karang Jaya Village. This research is a descriptive type of research, namely a study that describes the phenomena of a BPD cooperation management with the village head, thus the approach used is the normative approach. The results show that the BPD in Karang Jaya village has not been able to carry out its role optimally because the human resources of BPD members are still low, especially in the education sector so that in carrying out its roles and functions the BPD does not understand what to do concerning the control and supervisory functions. becomes its authority in controlling and supervising the performance of the Village Government / Village Head.