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Saraya, Sitta
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Ikawati, Linda; Putra, Rengga Kusuma; Nugraha, Satriya; Saraya, Sitta; Mardani, Retno Eko
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

Abstract

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.
Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Ikawati, Linda; Putra, Rengga Kusuma; Nugraha, Satriya; Saraya, Sitta; Mardani, Retno Eko
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

Abstract

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.
State Asset Management in the Framework of Good Governance and International Law for Sustainable Development Syamsir, Syamsir; Nuriyatman, Eko; Saraya, Sitta; Arifin, Firdaus; Qutieshat, Enas
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.30817

Abstract

State asset management is a core function of public law through which the State exercises authority over public resources to support sustainable development. In modern international legal discourse, state assets are no longer viewed merely as economic tools but as legal objects governed by international obligations and good governance principles. This article examines the international legal framework on state asset management and its relevance to strengthening asset governance in Indonesia using a normative legal research approach that analyzes both international and national legal instruments, with particular attention to the interaction between soft law and hard law. It reviews key frameworks such as the Sustainable Development Goals, the Paris Agreement, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption, and evaluates their alignment with Indonesia’s domestic regulations through library research and qualitative analysis using systematic and teleological interpretation. The study finds that while soft law provides important normative guidance for sustainability-oriented governance, excessive reliance on non-binding mechanisms risks weakening legal certainty and accountability; therefore, binding regulations grounded in good governance principles transparency, accountability, public participation, and the rule of law are essential to ensure that state assets function effectively as instruments of sustainable development. From an ius constituendum perspective, aligning international commitments with enforceable domestic law is necessary to protect public interests, ensure intergenerational equity, and promote sustainable national development.
Co-Authors Addink, Henk Ahmad Yusuf Ahmed, Zahoor Andri Winjaya Laksana, Andri Winjaya Astuti, Fitria Yuni Cahyo, Septian Dwi Dahlan Dahlan Eko Nuriyatman Firdaus Arifin, Firdaus Freaddy Busroh, Firman Gunawan, M. Indra Handayani, Yusrina Hasanal Mulkan Jixiong, Cai Khairo, Fatria Khasanah, Dian Ratu Ayu Uswatun Kuwatno Kuwatno, Kuwatno Lailiyah, Kusroh Linda Ikawati Lukman Zaini Abdullah Mahfud Nugroho Mardani, Retno Eko Marshinta, Fransisca Ully Nanang Apriliyanto Nirwana, Muhammad Alfaruq Putra, Rengga Kusuma Qutieshat, Enas Santoso, Andrianto Budi Satriya Nugraha Siti Rohmah Sri Endah Wahyuningsih Suparno Suparno Syamsir Syamsir