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International Legal Perspective on the Implementation of the Death Penalty Case Study of Mary Jane Fiesta Veloso Saputri, Ananda Ima
The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020)
Publisher : Fakultas Hukum Universitas Negeri Semarang

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Abstract

Mary Jane, a citizen from the Philippines, was arrested on April 25, 2010 by the police at Adi Sutjipto Airport, Yogyakarta, for her efforts to smuggle 2.6 kilograms of Heroin. In this case, finally in October Marry Jane was sentenced to death by the Sleman District Court on charges of violating Article 114 paragraph 2 of Law Number 35 Year 2009 Regarding Narcotics. Mary Jane sent clemency, which was rejected by President Jokowi. Mary Jane then tried to submit the Judicial Review (PK) and the PK session where the Sleman District Court decided to forward the Mary PK to the Supreme Court (MA). From this there are the main issues raised in this paper namely how international legal review responds to the death penalty that still occurs in several countries, especially Indonesia in Narcotics crime cases and what is the legal basis for the death sentence for drug dealers. The purpose of writing this paper is to increase knowledge of the legality of the death penalty in terms of human rights and international law. This writing uses a research method conducted by studying and analyzing legal materials and related legal issues. Through international legal instruments as in Article 3 of the Universal Declaration of Human Rights (UDHR), Article 6 paragraph (1) of the International Covenant on Civil and Political Rights (ICCPR) and in the Second Optional Protocol to the International Covenant on Civil and Political Rights which are protocols additional to the ICCPR which obliges participating countries to ban the implementation of the death penalty and abolish the death penalty. However, the results of the study show that the application of the death penalty for Narcotics crimes must be carried out to protect the public by capital punishment for Narcotics offenders which does not conflict with human rights and international conventions of civil and political rights so that the death penalty can be applied in Indonesia.
Perlindungan Korban dalam Penanganan Post Traumatic Stress Disorder pada Tindak Kejahatan Bullying pada Remaja di Indonesia Saputri, Ananda Ima; Arifin, Ridwan
Jurnal Aktual Justice Vol 7 No 1 (2022): Aktual Justice
Publisher : Magister Hukum Pascasarjana Univeristas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/aktualjustice.v7i1.887

Abstract

This writing aims to determine the impact of bullying crime from the point of view of victims of bullying who get stressed post-traumatic stress disorder so that victims need to get protection from the incident. In the 1945 Constitution article 28B (paragraph 2) it has been explained that: "Every child has the right to survival, growth and development, and is entitled to protection from violence and discrimination". But in fact, this crime of bullying is increasingly widespread by not seeing the opponent as material for consideration of reducing the effects of the crime he committed. Bullying itself has been happening for a long time and seems to be part of the culture of community social behavior both at school and in the environment at home. Victims also generally have feelings of being helpless, afraid, and threatened because they experience forms of intimidation such as threatening, spreading rumors, taunting, cursing, and alienating someone from a group whether done directly or through technology is an example of bullying. The act of bullying is considered only part of the way children play, even though the impact of this action greatly affects the psychological health of its victims. In addition, Bullying has a negative impact on mental health and well-being of adolescents so that parents, school teachers, and the government should pay more attention to victims of bullying and do not just look at the nature of the crime. Protection of victims of bullying needs to be given more attention, improved, and taught early on to children whose development is in the process of becoming adults so that the state can minimize bullying that occurs wherever someone lives. And victims of the impact of bullying can be reduced every year.