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THE VAGUENESS OF THE NORM OF ENTRAPMENT IN DRUG OFFENSES BY LAW ENFORCEMENT OFFICERS IN THE FUTURE Annisa Azzahra Burhan; I Nyoman Nurjaya; Fachrizal Afandi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2988

Abstract

Undercover buying and controlled delivery are investigative techniques regulated by Law Number 35 of 2009 concerning Narcotics. This provision does not regulate the limitations for investigators when carrying out this technique. In practice, this technique does not work effectively, resulting in the failure of the investigation. So this study discusses how the application of Undercover buying and controlled delivery current supervision and how the formulation of criminal law policies in dealing with cases of entrapment of narcotics crimes committed by law enforcement officers in the future. This study uses normative research. The research results show that First, there is a need for renewal of covert buying techniques and supervised delivery. This is because there are 3 (three) legal problems in its implementation, namely there are still informants who are involved in narcotics trafficking, closed access to public information regarding covert purchasing techniques and delivery under supervision by the National Narcotics Agency and the potential for fabrication of cases. Therefore, in the future it is necessary to have the right formulation to overcome this by implementing regulations and legal standards for investigating narcotics crimes.
BASIS FOR THE JUDGE'S CONSIDERATIONS REGARDING THE REPORT CORRECTION CENTER FOR CHILDREN OF DRUG ABUSE (CASE STUDY IN GRESIK DISTRICT COURT) Roytomi Isabilton; Milda Istiqomah; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3144

Abstract

Drug cases are currently difficult to stop, this is due to the illicit trafficking of narcotics which until now has not been resolved completely. This has an impact on children who abuse narcotics because currently drug abuse is not only targeting adults but also children. Based on this, appropriate efforts and steps are needed to handle children as drug abusers so that they get protection and the best interests of children can be realized. Therefore, the discussion of this study is how the influence of the correctional center report on the basis of judges' considerations for children who abuse narcotics and how the legal regulations will be in the future regarding the provision of correctional center recommendations for children who abuse narcotics for the best interests of children. This study is a normative study with a legislative, conceptual approach and emphasis on elements, norms, rules, principles, theories and legal rules in dealing with legal problems such as legal vacuum, norm conflict or norm ambiguity.
REFORMULATION OF GREEN VICTIMOLOGY ARRANGEMENTS IN THE LAW OF ENVIRONMENTAL PROTECTION AND MANAGEMENT THAT BETTER GUARANTEES LEGAL PROTECTION FOR THE ENVIRONMENT Ummu Salamah; Prija Djatmika; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3763

Abstract

This research is motivated by Law Number 32 of 2009 on Environmental Protection and Management, which, in fact, remains limited accommodating the concept of green victimology in the regulation and handling of environmental crimes. Given the prevalence of environmental crimes whose perpetrators are not punished proportionately to the human and non-human losses caused, it is important to question the legal implications of applying the concept of green victimology to the legal protection of environmental victims in the Environmental Protection and Management Law and the regulation of green victimology in the Environmental Protection and Management Law that Better Ensures Legal Protection for the Environment. The type of research used by the author is normative legal research with an explanatory nature. Legal materials for analysis were obtained from primary legal sources in the form of criminal and environmental laws, as well as secondary legal materials from literature on environmental crime and green victimology. The research was conducted through literature review, using a legal and comparative approach, and analyzed qualitatively. The legal implications of applying green victimology in the Environmental Protection and Management Law (UUPPLH) encourage reforms in the definition of victims, the right to sue, recovery mechanisms, as well as sanctions and law enforcement that are more comprehensive and ecological justice. the regulation of Green victimology in the UUPPLH to ensure legal protection for the environment can begin with the reconstruction/reformulation of the UUPPLH by expanding the definition of victims to include the environment as a victim with the right to protection and selected as a subject of environmental law enforcement, up to expanding the definition of victims by including the environment as a victim with the right to protection and selected as a subject of environmental law enforcement.
PREVENTING MONEY LAUNDERING THROUGH ILLICIT ENRICHMENT POLICY REGULATORY: AN INDONESIA-MALAYSIA COMPARISON Arum Roselinda; Yuliati; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4274

Abstract

This research explores the urgency of regulating illicit enrichment within Indonesia’s Money Laundering Law and identifies the ideal evidentiary mechanism to support its enforcement through a comparative analysis with Malaysia. Despite Indonesia’s ratification of the United Nations Convention against Corruption (UNCAC), the absence of explicit provisions on illicit enrichment weakens the country’s capacity to address disproportionate wealth among public officials. Law enforcement remains dependent on proving predicate offenses, which limits asset recovery and the deterrent effect of anti-money laundering efforts. Conversely, Malaysia, through the Malaysian Anti-Corruption Commission Act (MACC Act) 2009, has adopted a more progressive framework that integrates asset declaration, verification of wealth sources, and investigative authority, even without directly criminalizing illicit enrichment. Using a normative juridical approach combined with comparative and case analysis, this research finds that Indonesia requires a hybrid evidentiary model integrating the principles of legal certainty and responsive law. Such a system would establish clear statutory standards, an asset forfeiture framework, and adaptive mechanisms that enhance transparency, public participation, and accountability. Strengthening Indonesia’s anti-money laundering regime through the integration of illicit enrichment provisions would not only ensure early detection of unexplained wealth but also advance asset recovery and institutional integrity.
LEGAL PROTECTION FOR CHILDREN UNDER 14 (FOURTEEN) YEARS OLD AGAINST VIOLENCE OFFENDER (ANALYSIS OF GARUT DISTRICT COURT DECISION NUMBER 1/PID.SUS-ANAK/2024/PN GRT) Regina Monica Andriani; Harun Al Rasyid; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4889

Abstract

Garut District Court issued decision number 1/Pid.Sus-Anak/2024/PN Grt involving Akbar Rozak Alias Akbar who committed violence against the victim Agum Gumelar (deceased) until he died because he was annoyed by the victim who hit him hard while playing volleyball. The crime was committed by slashing 1 (one) cutter knife blade towards the victim's neck and right wrist and the victim was carried away by the Cimanuk River current. For his actions, the Panel of Judges imposed a correctional sanction for 1 (one) year at the Griya Bina Karsa Social Service Center-West Java Provincial Social Service in Cileungsi and participated in job training for 2 (two) months. This study aims to analyze the legal considerations (ratio decidendi) that have been used by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt and analyze the value of legal certainty and benefits for child perpetrators regarding the application of the law carried out by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt. The method used is normative juridical research with a case approach. The results of the study show that the Judge's considerations in decision number 1/Pid.Sus-Anak/2024/PN Grt which imposed sanctions on children were based on the principles of criminal law for children which are different from those for adults. The main focus is the best interest of the child, rehabilitation, and social reintegration. Several important elements in the legal considerations by the Judge consist of consideration of the principles of child protection, the age and maturity factors of the child, the severity of the violent crime committed, the child's attitude in court, recommendations from the Correctional Center, consideration of the type of sanctions, and the implementation of restorative justice. In decision number 1/Pid.Sus-Anak/2024/PN Grt in which the Panel of Judges imposed sanctions against the child, in fact the Panel of Judges did not explain the reasons for imposing other sanctions in the form of 2 months of job training. In fact, Akbar Rozak's child can only be subject to sanctions because he is not yet 14 years old. In addition, job training is one of the main types of punishment for children. So by simultaneously imposing sanctions in the form of action and criminal action against Akbar Rozak's child, it creates legal uncertainty, but on the other hand, imposing these sanctions can provide legal benefits for the child who committed the crime.
The Living Law in Judicial Decisions: Formulation and Implications of the National Criminal Code Sulistio, Rian; Nurjaya, I Nyoman; Madjid, Abdul
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15469

Abstract

A good law is a law that is in accordance with the law that lives in the community (living law) and in accordance with the reflection of the values prevailing in the community. In its development, living law has been accommodated in Article 2 paragraph (1) of the National Criminal Code. This research analyzes the formulation of living law provisions in the community in the National Criminal Code and its implications for Judges in making legal considerations in their decisions. This research uses normative juridical research method with statutory, historical, conceptual, analytical, and case approaches. The results showed that the formulation of Laws Living in Society in the National Criminal Code contained 15 provisions with five variations of terms such as “laws living in society”, “norms of decency”, “values of law and justice”, “local customary obligations”, and “fulfillment of customary obligations”, then the implications of laws living in society in the National Criminal Code have consequences for Judges can be a reference for adjudicating cases involving customary law and additional legal considerations. Although there are no Government Regulations and Regional Regulations regarding laws that live in the community, Judges are still obliged to explore legal values and a sense of justice that live in the community.