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Anshari, Ashari
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Law, Crime, Criminology & Criminal Justice

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Upaya Kepolisian Dalam Menanggulangi Tindak Pidana Penyalahgunaan Narkotika Di Wilayah Kabupaten Sambas Dewi, Anugerah; Anshari, Ashari; Lestari, Nina Niken
Res Judicata Vol 7 No 1 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i1.9110

Abstract

The advancement of time brings more complex challenges, including the circulation of narcotics. Narcotics abuse has become an increasingly serious issue in many areas of Indonesia. This phenomenon occurs not only in major cities but also in regions such as Sambas Regency. This research aims to examine the efforts made by the police to combat narcotics abuse in the Sambas Regency area and to identify the obstacles faced by the police in tackling narcotics abuse. This study uses a qualitative approach with descriptive analysis, utilizing primary data obtained through direct interviews and secondary data gathered from literature sources. The results of this study indicate that the police efforts in combating narcotics abuse in Sambas Regency include pre-emptive, preventive, repressive actions, as well as rehabilitation and guidance. The obstacles faced by the police include internal challenges such as limited personnel, inadequate facilities and infrastructure, difficulty in obtaining strong physical evidence, and challenges in legal proof. External factors from the environment and society include limited public information and participation, environmental influences, geographical factors, and uneven dissemination of education and outreach programs.
Tindak Pidana Penipuan Dengan Modus Menjanjikan Kelulusan Anggota TNI (Studi Kasus Putusan No. 37-K/PM.I-05/AD/VIII/2024) Amanda, Nadia Pradita; Anshari, Ashari; Kurniawan, Heru Yudi
Res Judicata Vol 7 No 2 (2024)
Publisher : Faculty of Law, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v7i2.9250

Abstract

This study is motivated by the increasing number of fraud crimes involving the modus operandi of promising guaranteed acceptance into the Indonesian National Armed Forces (TNI) recruitment process, as exemplified in Court Decision No. 37-K/PM.I-05/AD/VIII/2024. The purpose of this research is to conduct a juridical analysis of such fraud and to examine the judge’s legal considerations in adjudicating the case. The research employs a descriptive-analytical method aimed at systematically presenting the legal facts in the decision and analyzing them based on applicable legal norms. A normative legal research type is used, focusing on the provisions of Article 378 of the Indonesian Criminal Code (KUHP) in conjunction with Article 55 paragraph (1) KUHP, while also reviewing the application of these criminal elements in the military court’s ruling. Data were analyzed qualitatively by describing the application of criminal elements, assessing the judge’s legal reasoning, and connecting them with principles of justice and relevant legal theories. The findings indicate that fraud by promising acceptance into the TNI fulfills the elements of Article 378 KUHP. The panel of judges considered key aspects such as malicious intent, the financial loss suffered by the victim, and the broader social impact of the defendants’ actions, although the ruling is still subject to discussion regarding its reflection of substantive justice. Keywords: Fraud Crime, Judge Consideration, Military Court.
Co-Authors Amanda, Nadia Pradita Dewi, Anugerah Kurniawan, Heru Yudi Lestari, Nina Niken