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Journal : MLJ Merdeka Law Journal

Urgensi Pengaturan Pidana Tentang Ngelem yang Mengandung Zat Adiktif Menurut UndangUndang No 35 Tahun 2009 Tentang Narkotika Irwan Tjatur Pambudi; Setiyono Setiyono; Indrawati Indrawati
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4291

Abstract

This study aims to analyze the urgency of the Criminal Regulation concerning Ngelem according to Law Number 35 of 2009 concerning Narcotics. The problem approach used is normative juridical supported by empirical juridical. The data used are primary. Data analysis was performed descriptively qualitatively. The results of the study showed that the application of the law against nuisance users according to Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 44 of 2019 concerning changes in the classification of Narcotics in Indonesia cannot be processed by law enforcement officials. This is because it has not yet been regulated about addictive substances in Ngelem content. So it is necessary to make changes to the Law Number 35 the Year 2009 and the Regulation of the Minister of Health of the Republic of Indonesia Number 44 the Year 2019 regarding the change in the classification of Narcotics.DOI: https://doi.org/10.26905/mlj.v1i1.4291.
Penanganan Laporan Pengaduan Masyarakat terhadap Proses Penyidikan Polri di Tingkat Polres dan Polsek Mochammad Sochib; Setiyono Setiyono; Indrawati Indrawati
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4292

Abstract

The purpose of the study was to analyze the handling of public complaint reports that could not be handled properly with the police investigation process and the regulation of the National Police Chief regarding the handling of reports of public complaints against the police investigation process at the level of Polres and Polsek in the future. The problem approach used is normative juridical supported by empirical juridical. The data used are primary data. Analysis Techniques used in normative legal research. The results of the study indicate that officers of the Polres supervision section are expected to be able to serve well every community complaint and be thorough in the investigation process of the National Police at the Polres and Polsek levels. The need for a change in the organizational structure of the Polres supervision section with the addition of a section specifically handling community complaints in the Polres Supervision Sub Section so that it does not overlap with other work.DOI: https://doi.org/10.26905/mlj.v1i1.4292.
Upaya Jaksa dalam Penyelidikan Tindak Pidana Korupsi (Studi pada Kejaksaan Negeri Malang) Muhammad Riski; Setiyono Setiyono; Teguh Suratman
MLJ Merdeka Law Journal Vol 2, No 2 (2021): November 2021 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v2i2.7158

Abstract

This study aims to analyze the efforts of prosecutors in investigating corruption crimes and to examine and analyze the obstacles faced by prosecutors in investigating corruption crimes and the efforts to overcome them. Methodologically, this research belongs to the type of criminological research where this approach is intended to find out the causes and efforts of prosecutors in investigating Corruption Crimes as well as the obstacles faced by prosecutors in Corruption Crime Investigations and efforts to overcome them. Using an interactive analysis model or Interactive Model of Analysis, it was found that the prosecutor's efforts were carried out in investigating a corruption case, carried out through a series of processes in the form of Notification of the Commencement of Investigation so that no one corruption case was investigated by two different agencies. the investigation can run efficiently, effectively and well, the collection of evidence, exposure will determine the conclusion drawn whether the criminal case will be forwarded to the prosecution stage or an additional investigation will be carried out to complete and perfect the investigation until the submission of files to the public prosecutor. In the case of corruption, the investigating prosecutor faces several obstacles, namely: Time management, coordination, and the resistance from the perpetrators of corruption.DOI: https://doi.org/10.26905/mlj.v2i2.7158
Kebijakan Hukum Pidana Kurungan sebagai Pengganti Pidana Denda dalam Perkara Tindak Pidana Korupsi Nur Habib Auliya; Setiyono Setiyono
MLJ Merdeka Law Journal Vol 2, No 2 (2021): November 2021 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v2i2.7159

Abstract

This article aims to examine and analyze the regulation of fines in the Anti-Corruption Law, and future legislative policies regarding imprisonment as a substitute for fines in corruption cases. This research includes normative legal research (doctrinal) with a legal approach. The results show that the policy of determining the amount of fines clearly deviates from the policy of the Criminal Code as its parent law, both in terms of the number/size which has increased many times, as well as the adoption of a Special Minimum System in addition to a Special Maximum. In terms of determining the amount of fines contained in various special crimes in the laws and regulations in Indonesia, one of which is the Anti-Corruption Law which turns out to show a pattern of formulating the amount of fines that is different (inconsistent) with each other. Legislative policy regarding imprisonment as a substitute for fines in future corruption cases can be pursued by formulating criminal law as in the RKUHP in the form of the convict not paying the fine imposed on him, then he is subject to the taking of assets or the convict's opinion in accordance with the criminal law.DOI: https://doi.org/10.26905/mlj.v2i2.7159
Kebijakan Pertanggungjawaban Pidana terhadap Pelaku Kelompok Kriminal Separatis Bersenjata (Studi Kasus Organisasi Papua Merdeka) Ferdinand Sulteng; Setiyono Setiyono
MLJ Merdeka Law Journal Vol 2, No 1 (2021): May 2021 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v2i1.6668

Abstract

The many years of conflict that occurred in Papua and Aceh in the past, must be seen epistemologically every incident that occurred in the area. There is a common thread in every conflict that occurs there, whether involving separatist movements or purely because of the dissatisfaction of the Papuan people due to legal products in the form of government policies and decisions issued for the area. It is not without reason that someone acts as a separatist against the state, as well as before the territory is declared out of the country, then legally all the people in the area still have rights that must be protected by the state. This means that before Papua leaves the territory of the Unitary State of the Republic of Indonesia, Papuans and separatists who live there are still Indonesian citizens and have the right to have their rights protected for Indonesia. The problems that will be investigated in this research are the Criminal Law Policy Against the Actors of the Armed Separatist Criminal Group and how is the criminal responsibility for the perpetrators of the Armed Separatist Criminal Group in Indonesia