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Journal : Tasyri'

Criminal Law Policy in the Eradication of Narcotics Crimes in the Belawan Port Area H.Habeahan, Abdul Ryfay; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.472

Abstract

Narcotics crimes constitute serious and transnational forms of organized crime, in which port areas represent highly vulnerable entry points for illicit drug trafficking. Belawan Port, as a strategically important international port in Indonesia, has significant potential to be exploited as a gateway for the smuggling and distribution of illegal narcotics. This study aims to analyze the regulation of criminal law policy in combating narcotics crimes in port areas, examine the implementation of criminal law policy in the Belawan Port region, and identify the obstacles encountered in its enforcement. The research employs a normative juridical method, utilizing statutory and conceptual approaches supported by secondary legal materials. The findings indicate that criminal law policies related to narcotics control have been comprehensively regulated; however, their implementation at Belawan Port has not been fully effective due to structural, substantive, and cultural constraints. Therefore, strengthening inter-agency coordination among law enforcement authorities and adopting a more integrated approach combining penal and non-penal measures are necessary to enhance the effectiveness of narcotics crime prevention and eradication in port areas.
Application of Restorative Justice Approach in Handling Cases of Alleged Medical Malpractice by the Police: Study at The North Sumatra Police Franshery Malau, Togu; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.483

Abstract

The restorative justice approach represents a contemporary paradigm within the Indonesian criminal justice system that emphasizes the resolution of criminal cases through the restoration of relationships between victims, offenders, and the community in a proportional manner. This approach is particularly relevant in handling alleged medical malpractice cases, considering their close connection to professional negligence and the legal relationship between medical practitioners and patients. This study aims to analyze the legal framework governing the application of restorative justice in criminal case handling, specifically alleged medical malpractice cases by the police, and to examine its implementation during the investigation and inquiry stages at the North Sumatra Regional Police. In addition, this research identifies the obstacles faced by law enforcement authorities in applying the restorative justice approach. The research method employed is normative juridical research combined with an empirical approach, conducted through literature review and interviews with police officers. The findings indicate that, from a normative perspective, the police possess an adequate legal basis to implement restorative justice. However, in practice, several challenges remain, including limited public understanding, differing perceptions among victims, the complexity of medical evidence, and caution among law enforcement officers in exercising discretion. Therefore, strengthening technical regulations and enhancing investigators’ capacity are necessary to ensure effective and equitable implementation.
Police Law Enforcement Against Illegal Drug and Medical Device Trafficking in the North Sumatra Police Priananda, Gilang; Maysarah, Andi; Silalahi, Hardian
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.492

Abstract

The circulation of medicines and medical devices that do not comply with legal standards constitutes a criminal act that poses serious risks to public health and safety, economic stability, and consumer protection. In this context, the police play a strategic role in carrying out repressive, preventive, and countermeasure actions against such illegal practices. This study aims to analyze law enforcement conducted by the North Sumatra Regional Police, examine the preventive measures implemented, and identify the obstacles encountered in the enforcement process. The research employs an empirical legal method with statutory and sociological approaches. The findings indicate that law enforcement is carried out through stages of investigation, inquiry, enforcement actions, and cooperation with the National Agency of Drug and Food Control, while preventive efforts include public outreach, supervision of distribution channels, and integrated operations. The main challenges involve limited resources, the evolving patterns of crime, and low public legal awareness. Therefore, strengthening inter-agency synergy, enhancing the capacity of law enforcement officers, and encouraging active public participation are necessary to improve the effectiveness of law enforcement against the illegal circulation of medicines and medical devices.