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Journal : LEGAL BRIEF

The Reconstitution of Death Criminal Imposition against Persons of Criminal Actions on Narcotics Post-Decision of the Constitutional Court Number 2-3/PUU-V/2007 Muhamad Romdoni
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (825.274 KB)

Abstract

Many people consider the death sentence to be a violation of their human rights. For these and other reasons, petitioners Edith Yunita Sianturi, Rani Andriani (Melisa Aprilia), Myuran Sukumaran, Andrew Chan, and Scott Friedrich request that Anthony Rush file a judicial review petition against Articles 28A and 28I, paragraph (1) of the 1945 Constitution until the Constitutional Court Decision No. 2-3-PUU-IV/2007 is issued. This study employed normative juridical research, which is described as research that focuses on studying the rules or norms in the ius constitutum. The goal of this research is to rebuild the imposition of the death penalty following the Constitutional Court's judgment. For this inquiry, it was decided to take a state-level strategy. The fact that the state is willing to take stronger action, such as the imposition of capital punishment, against drug producers, dealers, and sellers because it has the potential to have a very negative impact on humanity demonstrates that the death penalty does not conflict with the 1945 Constitution of the Republic of Indonesia and the country's human rights principles.
The Role of the Justice Collaborator in A Premeditated Murder Crime Muhamad Romdoni; Aldestianah Putri Abu Bakar
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (477.737 KB) | DOI: 10.35335/legal.v11i5.589

Abstract

Justice collaborators are perpetrators of crimes willing to work with law enforcement to dismantle a crime or case that is considered complex and major. In criminal acts of murder that are organized and carried out by several people, the role of a justice collaborator is needed to reveal the role of each perpetrator. This study employs a normative juridical approach with statutory and case studies. According to the findings of this study, the role of a justice collaborator in the criminal act of organized murder committed by multiple perpetrators is critical in terms of providing information to law enforcement officials, what is the chronology of the beginning of the loss of life, what tools were used by the perpetrators in killing someone, the place where the loss of life occurred, to the extent of exposing the perpetrators who were involved in the loss of life so that the crime can be completed and not stop at the perpetrators who played a minimal role. Then, under law No. 31 of 2014, witnesses and victims are protected, and the requirements for becoming a justice collaborator, according to SEMA No. 4 of 2011, are that one of the perpetrators of a crime, but not the main actor in a crime, provides information as a witness in the judicial process, providing significant evidence, and uncovering actors who have a larger role.
Legal Accountability for Police Members Involved in Narcotics Crimes Muhamad Romdoni
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.921

Abstract

This writing aims to determine the factors that cause Polri members to be involved in narcotics crimes and the legal accountability of individual Polri members who are proven to have committed narcotics crimes. The writing emphasizes normative law, with the data source being secondary data. The conclusions obtained are as follows: First, the factors that cause members of the National Police to be involved in criminal acts are personal, the environment, the economy, and weak internal supervision from the National Police. Second, members of the National Police proven to be involved in narcotics crimes can be held legally accountable through administrative sanctions in the form of dismissal for violating the code of ethics. Criminal liability can be sought in the form of a prison sentence by the provisions of Law Number 35 of 2009 concerning Narcotics.
Rethinking Anti-Corruption Law Enforcement in Indonesia: A Critical Analysis of the Tom Lembong Case Romdoni, Muhamad; Nathasya, Nathasya
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1275

Abstract

Corruption remains a persistent and deeply rooted challenge within Indonesia’s legal and economic frameworks. It typically manifests through the intentional misuse of authority for personal or collective gain, often leading to substantial state financial losses. This study highlights the case of Thomas Trikasih Lembong (Tom Lembong), who allegedly issued a sugar import permit without following proper procedural protocols, particularly bypassing coordination meetings—an act that resulted in state losses exceeding IDR 578 billion. Despite occurring in 2016, significant delays in legal action—where one suspect was only apprehended in late 2024 and another in early 2025—underscore critical deficiencies in Indonesia’s legal enforcement mechanisms. Utilizing a normative juridical approach grounded in secondary data and analyzed through descriptive-analytical methods, this research demonstrates the urgency of reforming law enforcement practices. The prolonged impunity in high-profile corruption cases not only hampers justice but also erodes public trust in the rule of law. Therefore, systemic strengthening of Indonesia’s legal apparatus is imperative to ensure accountability and prevent future misuse of authority
Legal Accountability for Police Members Involved in Narcotics Crimes Romdoni, Muhamad
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.921

Abstract

This writing aims to determine the factors that cause Polri members to be involved in narcotics crimes and the legal accountability of individual Polri members who are proven to have committed narcotics crimes. The writing emphasizes normative law, with the data source being secondary data. The conclusions obtained are as follows: First, the factors that cause members of the National Police to be involved in criminal acts are personal, the environment, the economy, and weak internal supervision from the National Police. Second, members of the National Police proven to be involved in narcotics crimes can be held legally accountable through administrative sanctions in the form of dismissal for violating the code of ethics. Criminal liability can be sought in the form of a prison sentence by the provisions of Law Number 35 of 2009 concerning Narcotics.