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All Journal Journal of Asian Social Sciences Research Jurnal Hukum Prioris
Setiawan Nurdayasakti
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Mekanisme Penyelesaian Konflik Nelayan (Studi di Pantai Puger Kabupaten Jember) Aan Eko Widiarto; Setiawan Nurdayasakti; Faizin Sulistio
Jurnal Hukum PRIORIS Vol. 3 No. 2 (2013): Jurnal Hukum Prioris Volume 3 Nomor 2 Tahun 2013
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (668.029 KB) | DOI: 10.25105/prio.v3i2.363

Abstract

Interaction among fisherman in the activity of fishing is potential to result conflict. Factor of the conflict can be related to the area of fishing, equipments of fishing and attitudes. These kinds of conflict can be categorized as horizontal conflict. Besides, vertical conflict can also happen in the communty of fisherman. The conflicts happen among the fisherman and government. Policies of the government, especially the policies that are not in accordance with the fisherman need can be the factor of conflicts. The policy of the government, especially local government that is not in accordance with the fisherman need is the policy to explore the natural resourches. This policy is based on the government need to increase the income. This research learn the mechanisms that are applicated by the fisherman to solve the conflict. They have their own internal mechanism to solve the conflict. This kind of mechanism have raised among their community since long time ago.
Reformulating Indonesia’s Narcotics Law on Personal Drug Misuse: A Humanist Approach Pakpahan, Hartato; Nurjaya, I Nyoman; Nurdayasakti, Setiawan; Aprilianda, Nurini
Journal of Asian Social Science Research Vol. 6 No. 2 (2024): Journal of Asian Social Science Research
Publisher : Centre for Asian Social Science Research (CASSR), Faculty of Social and Political Sciences, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jassr.v6i2.104

Abstract

This study explores the development of more equitable and humane regulations for addressing personal drug misuse in Indonesia, emphasizing a humanist perspective and the principles of restorative justice. Employing a normative legal research methodology, the study critically examines Articles 111–127 of Law Number 35 of 2009 on Narcotics. It also incorporates a comparative analysis of drug policies in countries that have successfully implemented decriminalization and mandatory rehabilitation, such as the Netherlands and Portugal. The findings highlight the limitations of Indonesia's repressive approach, which often exacerbates social marginalization and fails to address the root causes of addiction. In contrast, the rehabilitative models adopted by the Netherlands and Portugal have proven more effective in reducing the negative impacts of drug abuse and fostering reintegration into society. To alleviate the burden on the criminal justice system and promote a more inclusive society, this study recommends legislative reforms that prioritize social rehabilitation and reintegration over punitive measures. These changes aim to shift Indonesia's drug policy toward a more compassionate and effective framework, balancing public health, social equity, and justice.
Co-Authors Aan Eko Widiarto Faizin Sulistio I Nyoman Nurjaya Nurini Aprilianda Pakpahan, Hartato