Nahdiya Sabrina
Program Pascasarjana Magister Ilmu Hukum Universitas Merdeka Malang

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Analisis Penegakan Hukum Terhadap Penyalahgunaan Narkotika yang dilakukan oleh Anggota TNI dan Polri Arif Widodo; Setiyono; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Drug abuse within the Indonesian National Armed Forces and the Indonesian National Police is a serious violation that impacts not only the personal honor of members, but also the stability of state security and the image of the institution. This action must be dealt with firmly in accordance with the provisions of the law, especially Law Number 35 of 2009 concerning Narcotics. The formulation of the problem in this study includes: (1) How is the law enforcement against drug abuse committed by members of the Indonesian National Armed Forces based on the Decision of Dilmil III-12 Surabaya and by members of the Indonesian National Police based on the legal process at the Malang Police; and (2) What are the obstacles in the process of law enforcement against drug abuse committed by members of the Indonesian National Armed Forces and the Indonesian National Police. This study uses an empirical legal method with an empirical juridical approach. The results of the study show that law enforcement within the Indonesian National Army is still based on Law Number 35 of 2009 and the Army Chief of Staff Telegram Letter Number ST/166/2020 dated January 20, 2020, which emphasizes strict sanctions without compromise. Meanwhile, the law enforcement process within the Indonesian National Police tends to provide room for consideration of lighter sanctions. Obstacles within the Indonesian National Armed Forces include internal factors such as a lack of legal socialization and a lack of integrated handling, as well as external factors such as limited infrastructure, geographical constraints, and individual character. Obstacles within the Indonesian National Police include internal factors such as weak legal awareness, violations of the code of ethics, and workload, while external factors include a lack of community participation, pressure on investigators, and environmental influences.
Tinjauan Hukum Tindak Pidana Perdagangan Orang Berdasarkan UU No. 21 Tahun 2007 dan Perma No. 1 Tahun 2022 tentang Restitusi Prasetya Djati Nugraha; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The crime of human trafficking is a serious violation of human dignity and requires comprehensive legal protection. Although the government has regulated it through Law No. 21 of 2007, the fulfillment of victims' rights, especially restitution, has not been effective. Therefore, the Supreme Court issued Regulation No. 1 of 2022 as a guideline for resolving restitution and compensation requests. This study examines the criminal provisions in Law No. 21 of 2007 and the legal implications of Regulation No. 1 of 2022 on the provision of restitution to victims, using normative legal research methods with statutory, conceptual, and case-based approaches. The results show that although Law No. 21 of 2007 provides a strong legal basis for eradicating human trafficking and protecting victims, its implementation remains hampered by procedural aspects and inter-agency coordination. Regulation No. 1 of 2022 strengthens victims' legal standing by clarifying perpetrators' responsibilities and enforcement mechanisms. However, the effectiveness of restitution remains limited due to the lack of sanctions or a state compensation scheme for perpetrators' inability to pay. Thus, the effectiveness of victim protection still needs to be strengthened through regulatory harmonization, institutional capacity building, and the application of restorative justice principles.