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All Journal Journal Indonesia Law and Policy Review (JILPR)
Sudarto
Marshal Suryadarma Aerospace University, East Jakarta, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EFFECTIVENESS OF CRIMINAL SANCTIONS FOR DRUGS USERS IN REALIZING REHABILITATION GOALS Fatimah Zahro Rizqiyah; Selamat Lumban Gaol; Sudarto
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.627

Abstract

Drug abuse is a serious problem with broad impacts on health, social aspects, and the criminal justice system in Indonesia. Law Number 35 of 2009 concerning Narcotics regu-lates criminal sanctions for drug users by placing medical and social rehabilitation as an important part of the drug abuse prevention policy. However, in law enforcement practice, the application of criminal sanctions against drug users is still dominated by im-prisonment, thus raising questions about its effectiveness in achieving rehabilitation goals. This study aims to analyze the effectiveness of the application of criminal sanctions against drug users in achieving rehabilitation goals under the Indonesian criminal law system, and to identify factors that influence its effectiveness. The research method used is normative legal research with a statutory, conceptual, and case approach. The analysis was conducted qualitatively through a review of laws and regulations, legal doctrine, and court decisions related to the punishment and rehabilitation of drug users. The results of the study indicate that the application of criminal sanctions against drug users is not fully effective in achieving rehabilitation goals. This is influenced by the persistently repressive paradigm of criminal justice, limited rehabilitation facilities and infrastructure, and suboptimal official understanding and coordination among law enforcement. Furthermore, legal culture and public perception of drug users also influence the direction of criminal punishment. Therefore, strengthening rehabilitative-oriented criminal justice policies, integrating the criminal justice system, and shifting the law enforcement paradigm are necessary so that criminal sanctions truly function as an instrument of recovery and community protection.
APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IN THE CASE AMMAR ZONI'S NARCOTICS CRIME Elsa Efritha Wijaya; Diding Rahmat; Sudarto
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.644

Abstract

This study aims to analyze the regulation and implementation of the principle of equality before the law within the Indonesian legal system, particularly in the enforcement of narcotics crime involving Ammar Zoni based on the Decision of the Central Jakarta District Court Number 632/Pid.Sus/2025/PN.Jkt.Pst. The principle of equality before the law is a fundamental concept in a rule of law state, which affirms that every individual has equal standing before the law without any form of discriminatory treatment. This research uses normative legal research methods with a statutory approach and a case approach. The data used in this study are secondary data consisting of primary, secondary, and tertiary legal materials obtained through library research. The data were analyzed qualitatively by interpreting and systematically examining relevant legal materials. The results of the study show that normatively the principle of equality before the law has been clearly regulated in the Indonesian legal system, particularly in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia as well as various statutory regulations governing the criminal justice system, including Law Number 35 of 2009 concerning Narcotics. In its application to the case involving Ammar Zoni, the legal process was carried out through the general criminal justice mechanism without any special treatment toward the defendant as a public figure. The panel of judges based their decision on valid evidence presented in court and the applicable legal provisions. Thus, procedurally, the principle of equality before the law in this case has been implemented through an objective judicial process based on the facts revealed during the trial.
ANALYSIS OF THE ROLE OF THE POLICE IN LAW ENFORCEMENT AGAINST TERRORISM CRIMINAL ACTS Muhammad Ishaq Alkays; Sudarto; Sujono
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.648

Abstract

Terrorism is an extraordinary crime that threatens national security, public safety, and the rule of law. The Poso region in Central Sulawesi has long been exposed to terrorist activities, particularly by the East Indonesia Mujahideen (MIT) group. In addressing this threat, the Indonesian National Police (Polri), through the Special Detachment 88 Anti-Terrorism Unit (Densus 88 AT), plays a crucial role in enforcing anti-terrorism laws. This study aims to analyze the law enforcement efforts carried out by Densus 88 AT in handling terrorism cases involving wanted persons (DPO) in Poso, as well as to examine the challenges faced from legal and human rights perspectives. The research applies a normative-empirical approach by combining statutory analysis, conceptual frameworks, and case studies, supported by primary, secondary, and tertiary legal materials. The findings indicate that Indonesia has a strong legal framework for combating terrorism, particularly through Law Number 5 of 2018. Law enforcement efforts in Poso have been effective in enhancing security, as demonstrated by the successful neutralization of key terrorist actors. However, several challenges remain, including issues related to the criminal justice process, human rights protection, limited public participation, and coordination among institutions. In practice, obstacles are categorized into structural, substantive, and cultural aspects. Structural challenges include difficult geographical conditions and inter-agency coordination. Substantive issues involve debates over the use of force under special legal authority. Cultural barriers, such as low public trust, also hinder early detection and prevention. Therefore, counter-terrorism law enforcement must balance security, justice, legal certainty, and human rights to ensure effective and fair outcomes.
Co-Authors Diding Rahmat Elsa Efritha Wijaya Fatimah Zahro Rizqiyah Muhammad Ishaq Alkays Selamat Lumban Gaol Sujono