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PRE-TRIAL: THE SUSPECTS' ULTIMATE WEAPON AND CORRECTION TOOL FOR INVESTIGATORS TO BE MORE PROFESSIONAL FROM THE PERSPECTIVE OF LEGAL EXPEDIENCY Albertus Luter; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.124 KB) | DOI: 10.55047/polri.v1i2.154

Abstract

This study aims to determine the practice of holding pretrial hearings in Indonesia changed in the aftermath of the 2014 constitutional court ruling 21 / PUU-XII / 2014 as well as legal expediency accrue from pre-trial actions against suspects' determinations, both for the suspect himself and for the suspect. This study is a descriptive qualitative research with the use of normative legal research with primary data collection namely Court Decisions, Legislations which are analyzed using Legislative approaches, Case Approaches and Analytical Approaches. The findings reveal that Pretrial hearings were implemented in Indonesia following the constitutional court's decision Number: 21 /PUU-XII/2014, creating a new legal phenomenon in which suspects flocked to file pretrial legal efforts, which naturally clogged up relevant state institutions such as POLRI, KPK, the Prosecutor's Office as well as the District Court, where pretrial which had previously been viewed as a less popular legal effort, was instantly weakened as if it Advocates defending suspects and on the other hand, related institutions can prepare themselves by enacting a series of regulations requiring increased prudence in determining suspects in order to "survive" the new weapons of suspects known as Pretrial. However, when viewed through the lens of legal expediency, it is a positive thing for investigators because it means that Pretrial can be used as a tool of correction.
ANALYSIS OF DEBTOR'S EFFORTS IN SETTLEMENT OR IMPLEMENTING CREDIT OBLIGATIONS DURING THE NON-NATURAL NATIONAL DISASTERS OF THE COVID-19 PANDEMIC Artanta Barus; Tofik Yanuar Chandra; Ramlani Lina Sinaulan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.617 KB) | DOI: 10.55047/polri.v1i2.178

Abstract

Due to Covid-19 pandemic many debtors unable to fulfill their obligations to creditors in a credit agreement. Such conditions rising the opinion and/or use the Covid-19 Pandemic as an excuse for debtor not to fulfill their obligations to creditors in a credit agreement on the grounds of forced circumstances (overmacht). This study aims to find out the debtor's efforts in settlement or implementing credit obligations during the non-natural national disasters of the covid-19 pandemic. The type of research used is normative legal studies, which are conducted through a process of legislation and regulatory evaluation. In terms of technique, scientifically normative legal science disclosure methods are constrained by deductive logic criteria. This study employed normative legal research methods. This method investigates law from an internal juridical standpoint, examining legal norms, legal conceptions, legal principles, and legal doctrines. The technique taken in this research is a legal and conceptual one, with primary and secondary legal material sources. The technique for collecting legal materials is to assess all books relevant to the subject of the research, and then compile them in a quantifiable and systematic manner. The findings highlight that with the prevailing laws and regulations due to the Covid-19 Pandemic, business actors are given legal certainty for business loans made in this case debtors, both individual debtors and business entity debtors, so that the impact of credit risk caused by the Covid-19 pandemic can be overcome properly and does not cause a debate over credit conditions during the Covid-19 Pandemic.
LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING Ricardho Siahaan; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.530

Abstract

In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.
Criminal Law Policy on Terrorism with a Deradicalization Approach toward the Realization of Rehabilitative Justice Md Shodiq; Yuhelson; Ramlani Lina Sinaulan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 4 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i4.5537

Abstract

Criminal law policy in countering terrorism faces a serious challenge to maintain a balance between the interests of state security and the protection of human rights. An overly repressive approach has the potential to lead to rights violations, while an overly lenient approach can reduce the effectiveness of prevention. Therefore, deradicalization was developed as a non-penal strategy that complements criminal law enforcement. This study aims to analyze the extent to which terrorism criminal law policies that integrate deradicalization approaches reflect the principle of balance between enforcement, prevention, and rehabilitation. This research uses normative legal research methods with legislative, conceptual, and philosophical approaches. Data were obtained through a literature study of current laws and regulations, legal doctrines, and related policy documents, which were analyzed qualitatively through legal reasoning and systematic interpretation. The results of the study show that the policy of terrorism criminal law has undergone a paradigm shift towards an integrative model that combines penal and non-penal instruments, with deradicalization as an important element to prevent recidivism and support social reintegration. In conclusion, the integration of deradicalization within terrorism criminal law policy not only reflects the principle of balance between enforcement, prevention, and rehabilitation, but also constitutes a normative foundation for the realization of rehabilitative justice oriented toward social reintegration and the prevention of recidivism.