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INDONESIA
Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
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PERAN DOKTER FORENSIK DALAM MEMBANTU PENANGANAN PERKARA PIDANA Gunawan Widjaja; Muthia Rachman
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Handling criminal cases often requires assistance from other sciences. One of them is forensic medicine. This study aims to discuss the role of forensic doctors in assisting the settlement of a criminal case. This research is a normative legal research that prioritizes the use of primary legal materials with a qualitative approach. The discussion and analysis shows that there are many roles that can be performed by forensic doctors. This can be found in the recognition that has been given in various applicable laws and regulations.
PENERAPAN REHABILITASI DAN PENGOBATAN PASIEN NARKOTIKA DALAM PASAL 53 DAN PASAL 54 UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Yusuf Setyadi; Krismanko Padang
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Article 54 of Law Number 35 of 2009 stipulates that Narcotics addicts and victims of Narcotics abuse are required to undergo medical rehabilitation and social rehabilitation. This regulation is categorized as a “special” regulation that deviates from the general criminal system prevailing in Indonesia. It is called "special" because it applies a double track criminal system, namely a criminal system that produces two types of sanctions: criminal and action. In this case, all court institutions in Indonesia are required to provide action sanctions, namely the rehabilitation of all Narcotics abusers and dealers sentenced to imprisonment or the death penalty. Rehabilitation is regulated in CHAPTER IX of Law Number 35 of 2009. Rehabilitation is divided into two, namely Medical Rehabilitation and Social Rehabilitation. Article 53 concerning Treatment is stated in paragraphs (1) to (3) regarding the ability of patients who are being rehabilitated to store, carry, and use Narcotics Category II or Category III at the request of a doctor and medical indications. Moving on from the regulation, the author will elaborate with the juridical-normative study method and descriptive-analysis from primary and secondary legal sources. The problem of the study that will be resolved is to what extent these regulations can be applied by doctors and what conditions must be met? Does the regulation not conflict with other laws and regulations? How effective is the method based on medical research? Through these questions, the author analyzes the main issues that arise in the material of Article 54 Number 35 of 2009 concerning Narcotics.
PENERAPAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 (PENYALAHGUNAAN NARKOTIKA DIKALANGAN PELAJAR) Ahmad Arif; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

Narcotics abuse against children or students is a criminal act or is in a very dangerous category so that handling in law enforcement must be more careful and thorough so that preventive efforts and prosecutions are effective. Law and enforcement against narcotics crime in Indonesia according to the law number 35 of 2009 concerning narcotics, how top protect children the misuse of drugs seen from the social aspect and the positive legal functioning of the state brings very good effects for the protection of the threat of development and growth of the nation’s generation. Narcotics are not pests that are harmful to the human body but are capable of killing human civilization together. So that in law enforcement against narcotics crimes, according to the narcotics law, criminal sanctions will be imposed, fines, life imprisonment and other sanctions. The system of association and the level of understanding and awareness of the substance of narcotics.
PENEGAKAN HUKUM PIDANA TERHADAP KORBAN PECANDU NARKOBA DI INDONESIA Rustandi Senjaya
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

The government's criminal policy on the issuance of the drug-related law no. 35 of 2009 especially for drug addicts needs to be implemented according to the constitutional mandate. That the government has an obligation to protect the homeland and its citizens from any form of threat. Including the threat of the dangers of drugs, which are consciously and deliberately spread among the community, especially the younger generation as the nation's successor. Currently, drug users are suspected of reaching 5.1 million, or even more. Because the number of drug users is like an iceberg (ice berg) and experiencing dark numbers (dark numbers). It is hoped that the criminal policy of the issuance of this law will be able to overcome or at least reduce the number of drug users, one of which is creating new breakthroughs by decriminalizing drug users without having to get prison sanctions. As mentioned that the guarantee of legal protection given to narcotics addicts is regulated by Law no. 35 of 2009 concerning Narcotics by providing both medical and social rehabilitation as stated in Article 54 of the Narcotics Law. Namely that "narcotics addicts and addicts of narcotics abuse are obliged to undergo medical rehabilitation and social rehabilitation".
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.
MEMBANGUN LEMBAGA KEBERATAN PAJAK INDEPENDEN DAN ADIL Wahyudi Wahyudi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

The objection agency should be present to resolve tax disputes based on the spirit and spirit of kinship, by means of deliberation to reach consensus. However, the spirit of kinship and mutual cooperation, the principle of harmony, the way of deliberation and the atmosphere of peace, harmony, and peace are still far from what was expected. The legal culture in tax disputes that is not in accordance with the noble values ​​in Pancasila causes tax disputes both in quantity and quality to increase sharply every year. Of the various alternative solutions to build a more independent and fair objection agency, the author chose the second alternative, namely placing the Objection Institution in a separate echelon 2 unit at the Directorate General of Taxes. This Objection Institution unit can be expanded by adding a vertical unit that handles objection disputes in each DGT regional office, but is structurally responsible to the echelon 2 unit of the Objection Agency, not to the head of the regional office. Thus, it is hoped that the Objection Institution will become more independent and fair in examining and deciding tax disputes, so that public confidence in the management of tax revenues by the Directorate General of Taxes will increase.
PERAN STRATEGIS PAJAK MEWUJUDKAN KEADILAN SOSIAL Wahyudi Wahyudi
JOURNAL OF LAW AND NATION Vol. 1 No. 1 (2022): AGUSTUS
Publisher : INTELIGENSIA MEDIA

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Abstract

In the current era of digitalization, the function of kinship and mutual cooperation in building the nation and state is no longer carried out physically, so taxes are the main manifestation of commitment to the nation and state. In the Pancasila Democracy system, our common goal as a nation and state has been determined in the fifth sile, namely Social Justice for the All Indonesian Nation. To realize social justice, of course, it is necessary to develop economic, political, social, cultural, security and so on. From the perspective of economic development, taxes place themselves in a strategic role because taxes are a source of state revenue that contribute or contribute at least 80% of the total APBN (State Revenue and Expenditure Budget) each year.
TINDAK PIDANA NARKOTIKA TERHADAP ANAK DIBAWAH UMUR Ozi Saputra; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

In the juvenile criminal justice system in Indonesia, children as narcotics abusers undergo a criminal justice process. As a vulnerable party in the criminal justice process, even though they are undergoing a judicial process, children must still receive protection. The purpose of this research is to find out the form of protection and what factors are the barriers to legal protection for children as narcotics abusers in the criminal justice system, as a discourse that will be discussed in this study. The method used is normative legal research method, namely reciprocal research between legal norms and social facts. The results of this study indicate that in the perspective of Law No. 35 of 2009 concerning Narcotics, it is not specifically regulated regarding children as perpetrators of narcotics abuse. Through diversion, children who abuse narcotics get protection. The form of diversion of children as narcotics abusers is possible by handing them back to their parents/guardians or participating in education and training and community services
TINDAKAN PIDANA MATI TERHADAP HAK ASASI MANUSIA (ANALISIS PADA TERDAKWA KASUS NARKOTIKA DI INDONESIA) Rizky Yudi Pradipta; Rumainur Rumainur
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

In 2010 the General Assembly of the United Nations (UN) voted for 109 countries to approve the death penalty. Still, 41 countries did not agree based on the decision, one of which was Indonesia. To break the narcotics network in Indonesia, the application of severe punishment in the form of the death penalty is carried out as a preventive measure. The State of Indonesia established these rules in the 1945 Constitution, which is the legal basis for implementing state life and the welfare of the Indonesian people. However, implementing the death penalty contains different views from various groups. These factors include law enforcers who are not firm and social conditions that do not support and involve human rights. This study will use the method of normative juridical that researchers will analyze based on secondary data, which includes books, previous research, and news. The data analysis technique in this study is called "library research" or normative juridical, namely through data processing, systematization, and interpretation of the qualitative analysis. The findings of this study are that the death penalty does not affect human rights (HAM), and the application of the death penalty in Indonesia must follow the decision of the Constitutional Court or based on court decisions. In undergoing a court decision, the defendant still has the opportunity to obtain clemency (pardon) which is the right of every perpetrator of the death penalty.
TINJAUAN PUSTAKA MENGENAI PENCEGAHAN DAN PEMBERANTASAN PERDAGANGAN NARKOBA DI INDONESIA Syahar Ganji; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

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Abstract

Many countries, including Indonesia, are concerned about increasing drug trafficking. Currently, Indonesia is in an “Emergency on Drugs Trafficking” situation. Various efforts to overcome and prevent the rampant circulation of drugs have been made to save the younger generation. Drug crimes that have spread need to be eradicated because drug trafficking has occurred nationally and has even crossed international boundaries. The purpose of this study is to identify and analyze the actions needed to prevent and overcome drug trafficking. Then, to find a final solution in dealing with obstacles that arise in the prevention and eradication of drug trafficking in Indonesia. This study uses a normative juridical approach that examines theories, concepts, legal principles, and applicable laws and regulations. In addition, it also uses an empirical approach as a supporting study to obtain more factual data. In conclusion, illicit drug trafficking has become a national and international social issue and has even become a legal issue in society. Certain legal actions are needed to prevent and resolve drug trafficking in Indonesia, one of which is through legislation. Law Number 35 of 2009 concerning Drugs is the legal basis for the prevention and eradication of drug trafficking in Indonesia. Limitation of research that focuses on the improvement and prevention of drugs must be supported by all parties from the family, community and government. and national cases that are difficult to solve considering that the network is hidden and requires special expertise where national and international cooperation is needed so that drug trafficking can be tackled quickly.

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