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All Journal Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Yustisia Tirtayasa: Jurnal Tugas Akhir
Reine Rofiana
Fakultas Hukum Universitas Sultan Ageng Tirtayasa
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Sanksi Rehabilitasi Bagi Prajurit TNI yang Menjadi Terpidana Penyalahgunaan Narkotika (Studi Kasus di Pengadilan Militer II – 08 Jakarta) Muhamad Nur Ardhy; Muhyi Mohas; Reine Rofiana
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12678

Abstract

A TNI soldier is required to have good mentality, discipline, and good morals and ethics. The application of law against TNI soldiers is not only in the form of the application of military criminal law, but also criminal law outside the military criminal law, one of which is the crime of narcotics abuse. The sentencing of TNI soldiers who are convicted of narcotics abusers still refers to Law no. 35 of 2009. Almost all decisions made by military judges, especially those of military judges at the Military Court II – 08, Jakarta, related to narcotics abuse resulted in imprisonment and dismissal from military service without any rehabilitation efforts. This is of course very contrary to the legal objectives of Law no. 35 of 2009 concerning Narcotics. The method used in this study uses a normative juridical method with a statutory approach. This study found problems in imposing sanctions on military members who become narcotics abusers, where the Narcotics Law states that there are rehabilitation sanctions in addition to prison sanctions but in practice the sanctions given to military members who become narcotics abusers are only limited to prison sanctions and dismissal from military service without given a rehabilitation sanction. This shows that sanctions against narcotics abuse by members of the TNI in the Military Court II – 08, Jakarta are still in the form of retributive sanctions, namely imprisonment and dismissal from military service, as well as enforcement of rehabilitation law for TNI members who are convicted of drug abuse still not done.
Sanksi Pidana terhadap Pelaku Penista Agama Studi Kasus Putusan Pengadilan Negeri Pandeglang Nomor : 28/Pid.Sus/2018/PN Pdl Amirulloh Ahdad; Ridwan Ridwan; Reine Rofiana
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 2 May-August 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i2.19585

Abstract

The polemic on the issue of blasphemy or better known as blasphemy has again become a discussion on the topic of this problem, especially in Indonesia because of the massive flow of information and freedom of opinion. Like a Pandeglang resident, especially a resident of Gadog Village who was entangled in a blasphemy case. Based on his actions, the articles charged against Arnold are: Article 45A paragraph (2) of ITE Law No. 19/2016. This research is normative juridical research, which is research conducted or aimed only at written regulations or legal materials consisting of secondary materials including Judges' Decisions, laws and regulations, books, journals, and other literature and supported by data obtained through interviews. This research resulted in the conclusion that the judge's legal considerations in this decision lacked a sense of justice, especially for the defendant. The panel of judges only considers witnesses and experts who incriminate the defendant and does not consider the defendant's testimony. The decision of the Pandeglang District Court Judge was corrected by the Banten High Court Judges on one of the grounds that the length of the sentence (strafmaat) imposed on the defendant did not pay attention to the purpose of punishment and the rules of justice for all parties, not just one of the parties. The Judex facti/High Court in its judgment hesitated to say that the screenshot was not maintained integrity and the Public Prosecution did not conduct digital forensics on the Facebook status on which the charges were based, but the Judge still found the Defendant guilty of his actions.
Co-Authors Amirulloh Ahdad Muhamad Nur Ardhy Muhyi Mohas Ridwan Ridwan