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Journal : International Journal Reglement

Legal Protection of Children as Witnesses in Criminal Cases (Study at the Belawan District Attorney) Yenni Maya Sari; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.281

Abstract

The role of witnesses in every trial of criminal cases is very important because witness statements can influence and determine the tendency of judges' decisions. This study aims to analyze the position of children as witnesses in proving criminal cases, analyze the process of examining children as witnesses in the juvenile criminal justice system and analyze the legal protection of children as witnesses in criminal cases. This research method uses normative research with data types consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study are legal protection for children as witnesses in criminal cases as stated in Law Number 35 of 2014 concerning Child Protection, Law Number 31 of 2014 concerning Protection of Witnesses and Victims and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The role of the prosecutor in presenting witnesses is related to the case to be examined in court. The main task of the Prosecutor's Office in the criminal justice system in Indonesia is prosecution, and vice versa, prosecution is the authority of the Prosecutor's Office. The authority to prosecute is the embodiment of the Dominus Litis Principle. However, the obstacles encountered in presenting children as witnesses are in establishing communication with children as witnesses in criminal cases
Criminal Sanctions Against the Crime of Misuse of Methamphetamine Types of Narcotics for Yourself (Case Study of Supreme Court Decision Number 1986 K/Pid.sus/2020) Chandra Priono Naibaho; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.282

Abstract

In the Supreme Court's decision No. 1986 K/Pid.sus/2020 that the Defendant had frequently used methamphetamine and the Defendant had last used methamphetamine on Wednesday, August 14, 2019 at around 09.00 am at the Witness Herman Alias' parents house. Bolong in Enrekeng, Enrekeng Village, Ganra District, Soppeng Regency. This study aims to analyze the legal regulation of criminal sanctions against the crime of abuse of methamphetamine type of narcotics for oneself, the concept of two-way punishment for the misuse of methamphetamine types of narcotics for oneself and criminal sanctions for the misuse of methamphetamine for oneself based on the Supreme Court Decision Number 1986 K. /Pid.sus/2020. This research method uses normative research with data types consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of this study, the abuse of shabu for oneself in the Supreme Court's decision Number 1986 K/Pid.sus/2020 the defendant was only given a prison sentence, there should be rehabilitation measures for the defendant. The prison sentence imposed by the judex juris is classified as light, the judex juris imposes a sentence on the defendant with a prison sentence of 1 (one) year and 6 (six) months, while at the first level and the appeal level in the aquo case, the defendant is sentenced to imprisonment for 3 (three) year. Article 27 paragraph (1) letter a explains that every narcotics abuser of class 1 shall be sentenced to a maximum imprisonment of 4 (four) years
Legal Protection for Children as Victims of Narcotics Abuse (Research Study at the Belawan District Attorney's Office) Endang Pakpahan; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.283

Abstract

Children as drug abusers, are just victims. So it is not appropriate for the state to give punishment by looking at the same between child abusers and real adult criminals (dealers). As victims, children as narcotics abusers must get protection. Based on the results of an interview with Bastian Sihombing as the Head of the Pre-Prosecution at the Belawan State Prosecutor's Office, from 2019 to 2022 around 41 cases were resolved by diversion. This study aims to analyze the criteria for the age of children facing the law in narcotics crime, the factors that cause children to become victims of narcotics abuse and legal protection for children as victims of narcotics abuse at the Belawan District Attorney's Office. This research method uses empirical research with primary data types, by conducting interviews at the Belawan District Attorney. Based on the results of the study, the Belawan District Attorney's Office carried out rehabilitation measures as an effort to protect children from narcotics abuse victims in the juvenile criminal justice system, which must be pursued, with agreed terms and conditions set forth in conclusions and diversion agreements, or if rehabilitation must be carried out. the child will be immediately asked for an assessment by the integrated assessment team
Legal Aspects of Investment in Indonesia Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.270

Abstract

A logical consequence of a developing country seeing the importance of foreign capital and technology in accelerating economic growth, as well as Indonesia, but at the same time avoiding foreign domination of the Indonesian economy. An important factor needed in economic development is capital. One of the steps to overcome the need for capital, the Indonesian government has taken an approach in policy in the economic field, among others, by inviting foreign investment. Realizing that investment, both foreign and domestic, is a determining factor for the success of development in Indonesia. The role of law in development is to ensure that changes that occur by legislation and decisions of judicial bodies are better than irregular changes using mere violence. Economic development is in dire need of legal facilities and infrastructure so that they can actually achieve the goals in accordance with what was planned. Sunaryati Hartono further stated that law has a very important role to maintain balance and harmony and harmony between various interests in society.