Surajiman Perkasa
Universitas Nasional, Jakarta, Indonesia

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Journal : Journal of Law and Nation

PERLINDUNGAN HUKUM BAGI PENYIDIK POLRI DALAM PENGUNGKAPAN TINDAK PIDANA NARKOTIKA DENGAN MENGGUNAKAN TEKNIK PEMBELIAN TERSELUBUNG Kumbul Kusdwidjanto Sudjadi; Surajiman Surajiman
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

In disclosing narcotics crime cases, Polri investigators have various techniques and one of them is to carry out investigative actions with the technique of buying narcotics in disguise (undercover buy). This is also regulated in Article 75 letter (j) of Law Number 35 of 2009 concerning narcotics which states that in the context of conducting an investigation, investigators are given the authority to carry out covert purchase investigation techniques and delivery under supervision. This covert buying technique allows investigators to directly enter the narcotics distribution network and investigators can play a role as part of the narcotics distribution network. In practice, this hidden buying technique must be done carefully, because it is risky and can endanger the life safety of investigators who go undercover, and even threaten their families. The approach used in this study is an empirical juridical approach. The data used are secondary data and primary data. All data and materials obtained from the research results were compiled and analyzed qualitatively, and presented in a qualitative descriptive form. From the results of the research and discussion, it was concluded that Polri investigators in carrying out covert purchasing techniques in an effort to eradicate narcotics crimes basically received legal protection from the state through the provisions contained in Law Number 35 of 2009 concerning Narcotics. In addition, protection for the implementation of covert purchasing techniques is also basically protected by Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) and Law Number 2 of 2002 concerning the Indonesian National Police. In the implementation of covert purchasing techniques for the disclosure of narcotics crime cases, of course it is not easy and many obstacles and obstacles are faced, both internally and externally. Internally, starting from the inadequate capabilities and skills of human resources, budget support is not fully supported, facilities and infrastructure are not supported, to the methods used in the implementation of covert purchases are not carried out optimally and leaks often occur. Meanwhile externally, such as the existence of legal regulations that require arresting witnesses, in this case Polri investigators, to be present at court hearings, community participation that is pessimistic, ignorant, does not dare to report, there is terror against the families of Polri investigators and also leaks in the implementation of activities due to networks and support. a stronger budget for narcotics crime network syndicates in Indonesia.
PERANAN FILSAFAT HUKUM DALAM MEWUJUDKAN KEADILAN Muh. Rizal R. Dekol; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

This paper intends to deepen the study of the role of Legal Philosophy in realizing justice. However, if there is a question of fairness, it cannot be determined what steps are used to determine whether something is fair or not. Various answers about justice are usually never or rarely satisfactory, so they continue to be debated, so it can be concluded that various formulations of justice are relative statements. This problem ultimately encourages many people to take shortcuts by leaving the formulation or justice to legislators and judges who will formulate it based on their own considerations.
FILSAFAT ISLAM NUSANTARA DAN MANIFESTASI KEARIFAN LOKAL Andre Saputra; Surajiman Perkasa
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

Islam Nusantara is a model of thinking, understanding and practicing Islamic teachings packaged through considerations of culture or traditions that developed in the Southeast Asian region (but this study is limited to Indonesia). Thus reflecting a methodological nuanced Islamic identity. When this identity was socialized among Muslims, especially its thoughts, it was responded with controversial responses: there were those who rejected the Nusantara Islamic identity because there was only one Islam, namely Islam taught by the Prophet. On the other hand, many Islamic thinkers accept the archipelago's Islamic identity. For them, there is only one Islam that is substantively correct, but its expressions are very diverse, including Islam Nusantara. This Islam is displayed (thought, understood and practiced) through a cultural approach. The result gave birth to models of thought, understanding and practice of Islamic teachings that are friendly, moderate, inclusive, tolerant, peace-loving, harmonious and respect diversity. This kind of Islamic diversity occurs because of the encounter of Islam with local culture, especially Java, which is commonly called cultural acculturation. Indonesian Islam should be an example of such a way of Islam. This soothing Islamic model needs to be published internationally and is expected to be able to abort the world's perception that Islam is full of violence.
HUBUNGAN FILSAFAT ILMU DENGAN FILSAFAT HUKUM DAN DAMPAK KEMAJUAN TEKNOLOGI INFORMASI Musa Musa; Surajiman Surajiman
JOURNAL OF LAW AND NATION Vol. 2 No. 2 (2023): MEI
Publisher : INTELIGENSIA MEDIA

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Abstract

On the one hand, the philosophy of science can be used as a basis for making legal theory. In this case, legal theory is deliberately designed to be more applicable and able to answer questions of justice in society. Philosophy of science can be the basis for contemplation or thinking strictly, in depth about considering the values behind legal phenomena as can be observed by human senses regarding human actions and social habits. Considering that the object of the philosophy of science is knowledge, the problems or questions discussed by the philosophy of science are related to the benefits of knowledge itself.