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All Journal LAW REFORM UIR LAW REVIEW Pena Justisia: Media Komunikasi dan Kajian Hukum
Musa, M.
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Law, Crime, Criminology & Criminal Justice

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Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code) Musa, M.; Zulhuda, Sonny; Endri, Endri; Susanti, Heni; Rinaldi, Kasmanto
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.52851

Abstract

The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.
Optimizing the Role of Community Advisors in Assisting Juvenile Clients with Diversion at the Mandau Sector Police Rinaldi, Kasmanto; Yut Sepin, Fitria; Musa, M.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5267

Abstract

This study discusses the role of community advisors in the implementation of diversion for juvenile clients at the Mandau Sector Police. The research focuses on the implementation of guidance in accordance with Law No. 11 of 2012, which emphasizes the active role of community officers in the diversion process. The research methodology used is a normative empirical approach, combining normative legal studies with empirical data from the field. The findings indicate that the guidance provided by community advisors at the Mandau Sector Police complies with the provisions of Law No. 11 of 2012. Community officers play an active role in guiding, supervising, and overseeing the juveniles throughout the diversion process and in implementing the agreements reached. Additionally, community advisors are responsible for reporting to the court if the diversion agreement is not executed. However, the study also identifies several challenges in the guidance provided by community advisors, including a lack of consensus or agreement between the parties, a shortage of human resources or social workers, and the absence of community figures in the diversion process due to time constraints and the remote location of homes. Therefore, efforts are needed to improve the quality of human resources, involve community figures, and provide adequate facilities to support more effective diversion implementation.
Healing the Wound of Drug Abuse: Restorative Justice in Indonesian Narcotics Rehabilitation Sagala, Bonni Ferdy; Akrial, Zul; Musa, M.; Zulkarnain, Zulkarnain
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).29418

Abstract

Indonesian Law No. 35 of 2009 on Narcotics recognizes narcotics addicts as individuals entitled to medical and social rehabilitation rather than ordinary criminals, reflecting a shift from a punitive criminal justice model to a public health approach. The law promotes decriminalization of narcotics users and requires law enforcement to prioritize rehabilitation. However, in practice, many addicts continue to be arrested, prosecuted, and imprisoned alongside drug dealers, revealing a significant gap between legal norms and implementation. This study examines the implementation of rehabilitation through a restorative justice approach within the jurisdiction of the Rokan Hilir Resort Police and identifies the main obstacles affecting its effectiveness. Using a sociological juridical method with a descriptive analytical approach, the research analyzes empirical data from narcotics cases handled by the Rokan Hilir Police between 2021 and 2022. The findings indicate an increase in narcotics cases from 176 in 2021 to 187 in 2022, underscoring the need for effective rehabilitation-based interventions. Although Law No. 35/2009 and Police Regulation (Perpol) No. 8 of 2021 provide a legal framework for restorative justice and rehabilitation, implementation remains constrained by limited rehabilitation funding, social stigma, procedural difficulties in addiction assessment, and potential misuse of authority by law enforcement officers. The study highlights the persistent gap between rehabilitation-oriented legal norms and punitive enforcement practices and emphasizes the need for stronger institutional support to ensure that narcotics addicts receive recovery-oriented justice.
Co-Authors ENDRI ENDRI Heni Susanti, Heni Kasmanto Rinaldi, Kasmanto Sagala, Bonni Ferdy Sonny Zulhuda Yut Sepin, Fitria Zul Akrial, Zul Zulkarnain Zulkarnain