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Criminal Aspects For Legal Processing On Persons Abuse Of Illegible Drugs Yanto Mulyanto P; Achmad Sulchan
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.738 KB) | DOI: 10.30659/ldj.3.3.530-537

Abstract

The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.
The Contribution of Forensic Science Experts Policies to Criminal Case Resolution Yunianto, Eko; Yulius Sigit Kristanto; Yanto Mulyanto P; Robinson Pardomuan; Joman Rabah Mahfouth Alkhatib
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.239

Abstract

Scientific Crime Investigation constitutes a science-based investigative approach that utilizes forensic technology and expert analysis to uncover criminal acts. Despite its increasing use in criminal investigations, the legal position and evidentiary validity of Scientific Crime Investigation remain insufficiently regulated, resulting in normative ambiguity and inconsistent judicial practice. This research aims to examine the regulation of the role of Scientific Crime Investigation experts in the disclosure of criminal acts from the perspective of Pancasila justice, to identify weaknesses in the existing legal framework, and to formulate a reconstruction of regulatory norms governing the use of Scientific Crime Investigation in criminal proceedings. The study applies Pancasila justice theory, legal system theory, and progressive legal theory within a constructivist paradigm, employing a socio-legal research approach. Primary data reflecting legal realities in investigative and judicial practices and secondary legal materials were collected and analyzed using qualitative descriptive methods. The findings of this research reveal that, first, the absence of explicit legal recognition of Scientific Crime Investigation as valid evidence has resulted in normative uncertainty and recurring disputes regarding the reliability, admissibility, and probative value of scientific findings in judicial proceedings. Second, structural and institutional weaknesses continue to hinder the effective use of Scientific Crime Investigation, including limited forensic infrastructure, shortages of qualified human resources, inadequate understanding of scientific investigative methods, weak coordination between investigators and forensic experts, and high operational costs. Third, substantive and cultural weaknesses remain evident due to the lack of standardized norms governing scientific investigative outputs and public noncompliance with investigative procedures, which collectively compromise crime scene integrity and the credibility of scientific analysis. These findings demonstrate the necessity of normative reconstruction to formally integrate Scientific Crime Investigation into the criminal justice system in accordance with the values of Pancasila justice.