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All Journal INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES ACADEMOS Jurnal Hukum dan Tatanan Sosial
Ahmad Yulianto Ihsan
Universitas Muhammadiyah Surabaya
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Pidana Anak Sebagai Pelaku Penyalahguna Narkotika Dimas Ade Prayogo; Ahmad Yulianto Ihsan; Muridah Isnawati
Academos Vol 2 No 1 (2023): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v2i1.15463

Abstract

Drug abuse by children is currently a concern of many people and continues to be discussed and published. In fact, the problem of drug abusers is of concern to various groups. Almost all of them have reminded and wanted the Indonesian people, especially children, to never try and consume narcotics. The purpose of this study is to determine the criminal responsibility of children as narcotics abusers and the legal consequences that can be imposed on children as narcotics abusers. This study used a normative juridical method using a statutory approach. The results of the study indicated that children as perpetrators of narcotics abusers with methamphetamine type can be subject to criminal penalties according to Article 127 number 1 point (a) of Law no. 35 of 2009 concerning narcotics. The explanation of Article 127 number 1 point (a) of the Narcotics Law is that every narcotics abuser of class I for himself can be subject for a maximum imprisonment of 4 (four) years and the legal consequences that can be imposed on a child as a narcotics abuser is that he gets ½ (one half) criminal witness of the maximum threat of imprisonment for adults in accordance with Article 81 number (2) of Law no. 11 of 2012 concerning the juvenile criminal justice system. In this case, if the prosecutor sues the child as a class I of narcotics abuser based on Article 127 number 1 point (a) of the Narcotics law, the crime penalty which is originally 4 years becomes 2 years.Keywords: Narcotics abusers, Criminal, Children 
Criminal Liability in Prison Fire Case: A Case Study of Class I Tangerang Prison Fire Supriyono Supriyono; Ahmad Yulianto Ihsan
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35669

Abstract

The existence of Correctional Institutions is part of the criminal system in Indonesia. The criminal law policy which is not yet ideal and the management of prisons that are not optimal have caused over capacity in all prisons. Therefore, in the event of a prison fire disaster, mitigation and rapid evacuation of the inmates cannot be carried out and cause death toll. When there are inmates who die as a result of a prison fire, of course, there must be a party who is responsible politically, sociologically and juridically. This study aims to determine criminal liability in prison fire cases based on the Criminal Code, Law Number 12 of 1995 concerning Corrections and other laws and regulations. This research uses normative juridical research method. Based on the results of the study, it can be seen that politically and sociologically those responsible for the fire incident were government officials who handled prison affairs, namely the Minister of Law and Human Rights, the Director General of Corrections, and the head of the prison. While juridically those responsible for the prison fire incident were the perpetrators who were found guilty either by intention or negligence, namely the prison officer for general affairs who handled prison electricity and the prison warden on duty when the fire occurred. To prevent prison fires from causing the inmates to die, it is expected that the government, will improve prison management and carry out criminal law policy reform to improve the criminal system in Indonesia.
Co-Authors Dimas Ade Prayogo Muridah Isnawati Supriyono Supriyono