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All Journal International Journal of Law Reconstruction Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan
Sri Sulistyawati
Universitas Prima Indonesia
Arts Computer Science & IT Economics, Econometrics & Finance Education Social Sciences Other

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The Criminal Regulation on Narcotics Abuse Based on Restorative Justice Arrangements Sri Sulistyawati
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.31304

Abstract

The drug abuse itself is divided into three categories, namely self-abuse, victims of drug abuse, and drug addicts who do not report. The purpose of this study is to find out about the settlement of narcotics abuse cases using restorative justice which is considered fair and balanced. The approach method used is normative juridical, with the nature of descriptive-analytic research. the results of the research and discussion state that the settlement of narcotics abuse with restorative justice is needed for the value of justice for abusers, but laws and regulations are needed that specifically regulate restorative justice as a legal umbrella for existing regulations in the application of restorative justice for narcotics abuse so as not to cause confusion in its application. This means that settling a narcotics misuse offence through restorative justice cannot occur unless all of the conditions outlined in the regulations are met and all of the parties concerned are in agreement.
SUMMONING NOTARIES BY PROSECUTORS AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 16/PUU-XVIII/2020 Sri Sulistyawati; Kartina Pakpahan; Sartika Sari
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan Vol. 2 No. 10 (2023): September
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i10.1417

Abstract

In carrying out their duties and authorities, notaries are given legal protection as in Article 66 paragraph 1 of Law Number 2 of 2014 (UUJN). In the Constitutional Court Decision No.16/PUU-XVIII/2020, the judge rejected the lawsuit of the plaintiff PJI (Indonesian Prosecutors Association) on the basis that the plaintiff did not have legal standing. This study aims to analyze the Constitutional Court Decision No.16/PUU-XVIII/2020 regarding the examination and summoning of Notaries by the Prosecutor. This research, normative legal research, is conducted with a statute approach using the theory of authority, namely by reviewing and analyzing regulations related to the legal issues being addressed. The results show that the decision provides special protection to the duties of Notary, but also weakens the position of the Prosecutor in summoning the Notary. Article 66 of the UUJN overlaps with Article 1 paragraph (2) of the Prosecutor's Office Law which authorizes the Prosecutor as a Civil Servant with a functional position that has the specificity to carry out its duties, functions and authorities based on the law. Efforts need to be made by Prosecutors and Investigators to prevent and eradicate criminal acts involving Notaries without violating human rights and the rights of Notaries regulated by law.
Co-Authors Kartina Pakpahan Sartika Sari