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Journal : International Journal Reglement

Procedure for Destruction of Evidence of the Crime of Narcotics Abuse Based on Formal Law in Indonesia Asmadi, Erwin
International Journal Reglement & Society (IJRS) Vol 1, No 2 (2020): September - December
Publisher : International Journal Reglement & Society (IJRS)

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Abstract

Extermination of narcotics evidence is further regulated in Government Regulation of the Republic of Indonesia Number 40 of 2013 concerning Implementation of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, namely as a form of procedure for destroying narcotic evidence which is destroyed according to its type. Regulation of the Head of the National Narcotics Agency of the Republic of Indonesia Number 7 of 2010 concerning Technical Guidelines for Handling Confiscated Narcotics, Narcotics and Other Chemical Substances Safely, explains that the destruction of narcotics evidence, including marijuana is destroyed through the steps that have been set out therein. This regulation becomes a standard rule that must be implemented by the parties carrying out the destruction of confiscated evidence. This research is a type of normative legal research by means of literature study where the data is sourced from secondary data in the form of primary and secondary legal materials. Based on the results of the study, it is known that based on the hierarchy of regulations the procedures for destroying narcotics evidence are based on Article 91 and Article 92 of Law Number 35 of 2009 concerning Narcotics. Destruction of narcotic evidence is carried out before a court decision is made based on the determination of the local District Attorney's office and destruction after a court decision is based on an order of a judge's decision. Regarding the technical guidelines for destruction, the hierarchical stages of the destruction procedure are regulated in the Regulation of the Head of the National Narcotics Agency of the Republic of Indonesia Number 7 of 2010 concerning Technical Guidelines for Handling and Destruction of Confiscated Narcotics, Narcotics Precursors and Other Chemicals Safely
Procedure for Destruction of Evidence of the Crime of Narcotics Abuse Based on Formal Law in Indonesia Erwin Asmadi
International Journal Reglement & Society (IJRS) Vol 1, No 2 (2020): September - December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v1i2.27

Abstract

Extermination of narcotics evidence is further regulated in Government Regulation of the Republic of Indonesia Number 40 of 2013 concerning Implementation of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, namely as a form of procedure for destroying narcotic evidence which is destroyed according to its type. Regulation of the Head of the National Narcotics Agency of the Republic of Indonesia Number 7 of 2010 concerning Technical Guidelines for Handling Confiscated Narcotics, Narcotics and Other Chemical Substances Safely, explains that the destruction of narcotics evidence, including marijuana is destroyed through the steps that have been set out therein. This regulation becomes a standard rule that must be implemented by the parties carrying out the destruction of confiscated evidence. This research is a type of normative legal research by means of literature study where the data is sourced from secondary data in the form of primary and secondary legal materials. Based on the results of the study, it is known that based on the hierarchy of regulations the procedures for destroying narcotics evidence are based on Article 91 and Article 92 of Law Number 35 of 2009 concerning Narcotics. Destruction of narcotic evidence is carried out before a court decision is made based on the determination of the local District Attorney's office and destruction after a court decision is based on an order of a judge's decision. Regarding the technical guidelines for destruction, the hierarchical stages of the destruction procedure are regulated in the Regulation of the Head of the National Narcotics Agency of the Republic of Indonesia Number 7 of 2010 concerning Technical Guidelines for Handling and Destruction of Confiscated Narcotics, Narcotics Precursors and Other Chemicals Safely
The Role of Legal Aid at the Muhammadiyah University of North Sumatra in Divorce Prevention Erwin Asmadi; Rachmad Abduh
International Journal Reglement & Society (IJRS) Vol 2, No 1 (2021): January-April
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v2i1.72

Abstract

Indonesia is a rule of law, which is contained in the 1945 Constitution (Yahman & Nurtin Tarigan, 2019: 16). In a rule of law, the state guarantees equality before the law and recognizes and protects human rights, so that all people have the right to be treated equally before the law (equality before the law). Equality before the law must also be accompanied by equal treatment, one form of equality of treatment is the provision of legal aid to the poor and illiterate to achieve equitable access to justice. The form of legal assistance is the existence of a defense or assistance from an advocate (access to legal counsel). Legal aid standards in litigation are implemented in case handling: (a) Criminal; (b) Civil Code; and (c) State Administration. Types of non-litigation Legal Aid activities carried out by Legal Aid Providers include: (a) Legal Counseling; (b) Legal Consultation; (c) Investigation of cases, both electronically and non-electronically; (d) Legal Research; (e) Mediation; (f) Negotiation; (g) Community Empowerment; (h) Outside court assistance; and (i) Drafting legal documents.
Reasons Justifying Criminal Abolition in the Indonesian Legal System Erwin Asmadi
International Journal Reglement & Society (IJRS) Vol 3, No 2 (2022): May - August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i2.220

Abstract

In criminal law, there are several reasons that can be used as a basis for judges not to impose penalties/criminals on perpetrators or defendants who are brought to court because they have committed a crime. These reasons are called the reasons for the abolition of the crime. This research was conducted using a normative legal research method that uses secondary data sources in the form of legal materials which are researched through library research. Based on the results of the study, it is known that the reason for the abolition of the crime is a regulation that is primarily addressed to judges. This regulation stipulates under what circumstances an offender, who has fulfilled the formulation of the offense that should have been sentenced, is not sentenced. The judge places the authority of the legislator to determine whether there have been special circumstances as formulated in the reason for the abolition of the crime. The division of forgiving reasons and separate justifying reasons into forgiving reasons includes the inability to be responsible, forced defense that exceeds the limit, carrying out an invalid position order in good faith; justifications include coercive power or overmacht, forced defense, carrying out the provisions of the law, and carrying out office orders from superiors