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Journal : Journal Indonesia Law and Policy Review (JILPR)

LEGAL CERTAINTY REGARDING THE IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 77 OF 2019 CONCERNING THE PREVENTION OF TERRORISM CRIMINAL ACTS AND PROTECTION OF INVESTIGATORS, PUBLIC PROSECUTORS, JUDGES AND CORRECTION OFFICERS Sidhiwaskita, I Gusti Agung Bagas; Sujono
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.377

Abstract

Terrorism poses a threat and intimidation to national security, as acts of terrorism constitute actions that create the greatest danger to human rights. To anticipate the issue of terrorism crimes, Indonesia, as a rule of law state, has the obligation and responsibility to live safely, peacefully, and prosperously, as outlined in the constitutional mandate of the 1945 Constitution of the Republic of Indonesia. Therefore, further research will be conducted on the legal certainty of the implementation of Government Regulation Number 77 of 2019 concerning the prevention of terrorism crimes and the protection of investigators, public prosecutors, judges, and correctional officers, and the roles of the National Counterterrorism Agency (BNPT) and Detachment 88 in the prevention and eradication of terrorism crimes. The research method used is normative juridical. The research findings indicate that the implementation of Government Regulation 77/2019 as the execution of Law 5/2018 provides legal certainty for investigators, public prosecutors, judges, and correctional officers in combating and preventing terrorism crimes, as Government Regulation 77/2019 serves as the basis for all actions in counterterrorism. BNPT plays a role in prevention, protection, and deradicalization efforts, as well as in enforcement and capacity building, including international cooperation in addressing terrorism challenges. Detachment 88's role is to investigate reports of terrorist activities, arrest individuals or groups confirmed to be members of terrorist networks that could endanger the integrity and security of the Republic of Indonesia. The research results suggest that improvements should be made by legalizing material criminal penalties that include aggravated criminal threats in cases of attacks against law enforcement officers handling terrorism crimes, and the government should establish a new Special Law concerning the Protection and Counterterrorism of investigators, public prosecutors, judges, and correctional officers in Laws, Regulations, Government Regulations, and Regulations of the Ministry of Law and Human Rights.
LEGAL CONSIDERATIONS OF JUDGES IN APPLYING CRIMINAL SANCTIONS TO PERPETRATORS OF THE CRIMINAL ACTS OF MINING WITHOUT A PERMIT Sandjaya, Alfath; Sujono
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 2 (2025): Journal Indonesia Law and Policy Review (JILPR), February 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i2.378

Abstract

The judge's legal considerations regarding the criminal case of illegal mining in Decision Number 17/Pid.B/LH/2023/Pn.Tdn and Decision Number 119/Pid.Sus-LH/2024/PN.Tdn that the judge in sentencing the defendant is linked to the theory of the legal system, namely: the aspect of the legal structure has not been running optimally due to weak coordination between institutions, limited human resources and technology in supervising mining areas, and the presence of certain officers involved in corrupt practices that hinder the process of strict law enforcement. From the aspect of legal substance, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining does not clearly state the minimum sentence. Therefore, the judge is given the freedom to impose a sentence, unless the law specifically states the regulations that are at least, as short as possible, and as light as possible. From the aspect of legal culture, society is often still permissive towards illegal mining practices, especially in areas that depend on the mining sector as their main source of income. Therefore, legal reform in the mining sector must be carried out comprehensively so that criminalization can truly be an effective instrument in suppressing the number of illegal mining in Indonesia.
LAW ENFORCEMENT OF THEFT WITH VIOLENCE RESULTING IN DEATH BASED ON THE PERSPECTIVE OF JUSTICE Widyatama, Alfian; Sujono
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.504

Abstract

Law enforcement must be carried out fairly and without discrimination in order to create justice and order in society. This study discusses law enforcement against the crime of theft with violence resulting in death based on Article 365 paragraph (3) of the Criminal Code, as well as an analysis of the legal considerations of judges in District Court Decision Number 33/Pid.B/2024/PN.Llg. The method used is normative juridical research with the approach of legislation and decision studies. The results showed that the perpetrator was sentenced to a maximum imprisonment of fifteen years as a form of fair law enforcement. The judge's consideration includes the fulfillment of the elements of the article charged, the demands of the public prosecutor, and the absence of reasons for criminal erasure. Law enforcement in the decision is in accordance with the principles of justice, certainty, and legal benefits. Therefore, law enforcement in the future must refer to the applicable rules of law in order to provide a deterrent effect, as well as protection and security for the community.