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All Journal Bulletin of Community Engagement Jurnal Sipakatau
Ridwan Ridwan
Universitas Muhammadiyah Bima, Indonesia
Religion Arts Humanities Computer Science & IT Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Kebijakan Hukum Pidana tentang Pengenaan Bersamaan Rehabilitasi dan Pidana Pokok terhadap Pelaku Tindak Pidana Narkotika Perspektif Keadilan Dediansyah Dediansyah; Syamsuddin Syamsuddin; Musmuliadin Musmuliadin; Ridwan Ridwan
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.2419

Abstract

Narcotics abuse in Indonesia is a multidimensional issue that involves not only criminal justice concerns but also public health challenges. In law enforcement practice, narcotics addicts and abusers are frequently sentenced to imprisonment without adequate consideration of their need for rehabilitation, raising questions regarding justice and the effectiveness of criminal sanctions. This study aims to analyze criminal law policies concerning the simultaneous imposition of rehabilitation measures and principal criminal penalties on narcotics offenders and to evaluate such policies from a justice perspective. The research employs a normative legal method using statutory and conceptual approaches. The data consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively through a literature-based study. The findings indicate that the Indonesian legal system, through Law Number 35 of 2009 on Narcotics and Law Number 1 of 2023 concerning the Criminal Code, provides a normative basis for the implementation of the double track system, which combines criminal punishment with rehabilitative measures. However, the implementation of this policy remains suboptimal due to differing perceptions among law enforcement officials, limitations in integrated assessment mechanisms, and inadequate rehabilitation facilities. From a justice perspective, the simultaneous imposition of principal penalties and rehabilitation can be viewed as a compromise between retributive, utilitarian, and restorative justice, aiming to balance punishment with offender recovery. Therefore, its application should be carried out proportionally and differentially based on the category of offender, degree of culpability, and level of dependency. Such an approach is expected to promote substantive justice, enhance the effectiveness of narcotics control, and provide more humane protection for society.
Indigenous Peoples' Customary Land Rights: A Study Of Their Legal Status Within Indonesia's Land Law System Diky Yumansyah; Hajairin Hajairin; Ridwan Ridwan
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 4 (2026): Juni
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i4.1169

Abstract

This study aims to analyze the legal regulation and position of the customary land rights (hak ulayat) of indigenous peoples within the Indonesian land law system, as well as to examine the forms of legal protection and dispute resolution mechanisms concerning customary land rights. The research employs a socio-legal research method using a mixed-methods approach, integrating normative legal analysis with empirical research. The normative approach examines the 1945 Constitution of the Republic of Indonesia, the Basic Agrarian Law, relevant sectoral regulations, and judicial decisions of the Constitutional Court and other courts. Meanwhile, the empirical approach investigates the implementation of customary land rights protection through case studies of indigenous land disputes in West Nusa Tenggara Province. The findings reveal that, normatively, customary land rights have received strong constitutional and statutory recognition under the 1945 Constitution, the Basic Agrarian Law, and several landmark Constitutional Court decisions. However, their implementation continues to face a significant gap between de jure recognition and de facto practice due to regulatory disharmony, inadequate administrative recognition of indigenous territories, sectoral policy fragmentation, and restrictive interpretations of the existence of indigenous peoples. Furthermore, the study finds that existing legal protection and dispute resolution mechanisms have not yet achieved substantive justice, as formal evidentiary requirements tend to prioritize administrative legality over the communal rights of indigenous communities. Therefore, the study recommends regulatory harmonization, accelerated recognition of indigenous territories, and the strengthening of dispute resolution mechanisms that integrate customary law to ensure legal certainty, agrarian justice.
Co-Authors Dediansyah Dediansyah Diky Yumansyah Hajairin Musmuliadin Musmuliadin Syamsuddin Syamsuddin