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All Journal LEGAL BRIEF
Yusuf Muhamad Said
Sekolah Tinggi Hukum IBLAM
Law, Crime, Criminology & Criminal Justice

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Accountability of a Person Possessing, Controlling or Providing Types of Drugs not from Plants with the use of Restorative Justice (a Case Study of the Cassation Decision number 1423K/PID.SUS/2016) Aditia Johan Permana; Yusuf Muhamad Said
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Narcotics crime is an extraordinary crime. Therefore, the handling must also be extraordinary, not only using Law No. 35 of 2009 concerning Narcotics, but also the Criminal Code and the Crime of Money Laundering (TPPU). BNN until March 2021 had confiscated 3,462.75 kilograms of marijuana evidence, an increase of 143.64 percent compared to 2,410 kilograms of evidence in 2020, even though in a pandemic condition, covid 19 drug trafficking has increased marked by an increase in evidence confiscated in the context of enforcement. law. Thus, the condition of the pandemic and the consequences of working from home, the circulation of narcotics and the like rose, especially the type of marijuana. BNN asks for support from all parties to jointly support the eradication of these prohibited items. The research method is carried out in a normative juridical manner, which relies on literacy from various books, journals, expert opinions and is equipped with State Court Decisions to Cassation Decisions Against cases of handling illegal drug trafficking, class I. All are analyzed and made a narration so that it can be concluded in a study. In conclusion, the handling of drug crimes, in Indonesia still uses positive legal parameters, the aspect of imprisonment is not yet related to the aspect of restorative justice, it is not easy because there are no binding statutory regulations, except for regulations under the law other than the impact of drugs can damage the order. socially and economically to the potential to lose the best generation of the nation.
Indonesia’s Constitutional Foundation Applies the Death Penalty Against the Intermediary for the Sale and Purchase of Narcotics Bandar Mukti Jaharsa; Yusuf Muhamad Said
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 (887.845 KB)

Abstract

The danger of narcotics use is quite large in its influence on the state, if there is a large-scale use of narcotics in society, then the Indonesian nation will become a sick nation, if this happens the country will be fragile from within because national resilience has declined. This research plays an important role in obtaining accurate and reliable data. Therefore, the research method used as a tool or method for guiding in conducting research is normative juridical, namely analyzing the relationship between applicable laws and regulations with legal theory and practice of implementing positive law in the field regarding the issues discussed. In conclusion, the definition of the right to life as regulated in Article 28 J paragraph (2) of the 1945 Constitution is a right where no one's life may be taken arbitrarily. What is not allowed is "arbitrarily deprivide of his life". Meanwhile, regarding the difference in decisions between the Serang District Court Decision Number 837/Pid.Sus/2020/PN. Srg who decided the death penalty, which was annulled by the decision of the Banten High Court Number 36/PID.SUS/2021/PT BTN), is not a substantive matter, all judges agree on the death penalty, but rather on a matter of belief and a matter of trial technicality such as the number that is still doubtful by the Serang judges, and the elderly age of the defendant.
Co-Authors Aditia Johan Permana Mukti Jaharsa