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All Journal Legalitas: Jurnal Hukum
Abdullah, Muhammad Zen
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Law, Crime, Criminology & Criminal Justice

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Journal : Legalitas: Jurnal Hukum

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Efektivitas Kebijakan Bebas Peredaran Uang (BPU) Dalam Mencegah Peredaran Narkotika Berdasarkan Pasal 5c Permenkumham No. 29 Tahun 2017 di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak Azed, Abdul Bari; Abdullah, Muhammad Zen; Rahman, Juni
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.505

Abstract

Since the establishment of Correctional Institutions (Lapas), which were originally called prisons and State Detention Centers, various regulations regarding money control in prisons and detention centers have been enforced. However, various efforts that have been made through the application of regulations and restrictions as well as policies on free circulation of money in prisons/detention centers are still not in accordance with the expected objectives. The purpose of this study is to understand and analyze the effectiveness of the Free Money Circulation policy in preventing the circulation of narcotics based on Article 5C of Permenkumham No. 29 of 2017 at the Muara Sabak Class IIB Narcotics Penitentiary, to analyze the inhibiting factors, as well as efforts to overcome them. The method used in this research is empirical juridical which uses primary data. The results of the research show that the policy of free circulation of money based on Article 5C of Permenkumham No. 29 of 2017 is less effective in preventing the circulation of narcotics at Class IIB Narcotics Prison Muara Sabak. This is proven based on facts supported by data obtained in research, that from 2020 to 2022 the number of violations committed by WBP Class IIB Narcotics Prison Muara Sabak is still quite high. Factors inhibiting the effectiveness of the free circulation of money policy at the Muara Sabak Class IIB Narcotics Penitentiary consist of the difficulties experienced by the WBP and the WBP's family to adapt to the use of technology, limited supporting infrastructure that hinder the implementation of the free circulation of money policy at the Muara Sabak Class IIB Narcotics Penitentiary, and there are still gaps related to the entry of cash into prisons, namely related to the accuracy and integrity of officers related to searches of people and goods. Efforts to overcome these obstacles, among others, officers should be more active socialization related to the implementation of the policy of free circulation of money at Class IIB Narcotics Lapas Muara Sabak to WBP and their families which is carried out on an ongoing basis, seeking to prepare supporting facilities/infrastructure either through budget allocations for prisons or through collaboration with other parties. external, and Instilling the values of integrity and professionalism by leaders both at the administrator level and at the supervisory level to all officers.
Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak (Studi Kasus Putusan Nomor : 2/Pid.Sus-Anak/2022/PN.Brb) Abdullah, Muhammad Zen; Alamsyah, Bunyamin; Alifia, Dhania
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.518

Abstract

Various criminal acts that occur in people's lives, one of which is the crime of theft which has recently been widespread and has increased in the mass media reports and electronic media. The crime of theft is really very disturbing security, order, welfare and greatly causes material and immaterial losses to the community. Therefore, it is necessary to immediately anticipate and deal with it by responding quickly and appropriately to its resolution through the applicable legal mechanism, by punishing the perpetrator/suspect with a sufficiently aggravated criminal threat, so that the crime of theft in question can be suppressed and minimized. In the court examination process in the application of criminal sanctions against the crime of theft in a burdensome situation by a child based on case Number 2/Pid.Sus-Anak/2022/PN. Brb, the problems were; a. What is the basis for the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child and b. How is the content/order of the judge's decision against the crime of theft in a burdensome situation by a child. To answer the problem formulation listed above, the theory of sentencing, the theory of judges' legal considerations and the theory of law enforcement are used. This research is normative juridical and empirical juridical research. The type of data included primary and secondary law materials. Technique of collecting legal sources used was library study/document study on literature, legislation, and document, and also interview. From the results of the study, reflected in the basis of the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child firearms against the defendant, with the decision to sentence the defendant to 4 (four) months, based on the decision of the case Number 2/Pid.Sus-Anak/2022/ PN.Brb. Whereas in Article 363 paragraph (2) of the Criminal Code which is violated the maximum penalty is 9 (nine) years. So it is felt that the application of the criminal decision is still very light and not optimal. The suggestion put forward is that the maximum sanctions should be given specifically to children who have repeatedly committed similar crimes as long as they are in accordance with the applicable legal provisions.
Co-Authors Abdul Bari Azed Alifia, Dhania Bunyamin Alamsyah, Bunyamin Rahman, Juni