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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah QIJIS (Qudus International Journal Of Islamic Studies) International Journal of Law Reconstruction Jurnal Ilmiah Hukum LEGALITY Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Khazanah Hukum Law Development Journal Proceedings Series on Social Sciences & Humanities Volksgeist: Jurnal Ilmu Hukum dan Konstitusi International Journal of Law Society Services Innovative: Journal Of Social Science Research Jurnal Ilmiah Sultan Agung SASI TABELLIUS
Andri Winjaya Laksana, Andri Winjaya
Fakultas Hukum Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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TINJAUAN YURIDIS UPAYA PENANGGULANGAN PEREDARAN NARKOTIKA DI LINGKUNGAN MAHASISWA (STUDI KASUS DI KEPOLISIAN DAERAH JAWA TENGAH) Adriano, Muhammad Ricky; Laksana, Andri Winjaya
Jurnal Ilmiah Penelitian Mahasiswa Vol 4, No 1 (2025): MARET 2025
Publisher : Jurnal Ilmiah Sultan Agung

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Abstract

Penelitian ini berjudul Tinjauan Yuridis Upaya Penanggulangan Peredaran Narkotika Di Lingkungan Mahasiswa (Studi Kasus Di Kepolisian Daerah Jawa Tengah), peredaran narkotika di lingkungan mahasiswa adalah masalah yang sangat serius dan memprihatinkan. Penanggulangan peredaran narkotika di lingkungan mahasiswa harus dilakukan dengan efektif dan berkelanjutan. Penelitian ini bertujuan untuk melakukan tinjauan yuridis upaya penanggulangan peredaran narkotika di lingkungan mahasiswa. Serta untuk mengetahui upaya yang dilakukan, hambatan, dan solusi polda jawa tengah dalam penanggulangan peredaran narkotika di lingkungan mahasiswa.Metode penelitian dengan menggunakan pendekatan yuridis sosiologis. Dengan sumber data yang diperoleh dari beberapa tahapan yaitu, melalui penelitian pustaka dan penelitian secara langsung (wawancara). Analisis data dan mengolah data secara sistematis meliputi penyajian data, reduksi data, dan menarik kesimpulan.Hasil penelitian membahas upaya-upaya yang dilakukan untuk penanggulangan peredaran narkotika di lingkungan mahasiswa di Jawa Tengah, Indonesia. Dengan adanya regulasi Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika sebagai acuan secara tegas untuk memberikan sanksi terhadap pelaku penyalahgunaan dan peredaran narkotika. Berbagai strategi yang digunakan oleh Polda Jawa Tengah dalam upaya penanggulangan peredaran narkotika di lingkungan mahasiswa, termasuk upaya preemtive, upaya preventive, upaya represif, dan upaya rehabilitative. Pentingnya kolaborasi antara penegak hukum, lembaga pendidikan, dan mahasiswa untuk meningkatkan kesadaran dan memberikan dukungan. Identifikasi hambatan yang signifikan terhadap penanggulangan narkotika, seperti sumber daya yang terbatas, stigma dalam masyarakat, dan pengaruh tekanan lingkungan mahasiswa. Dengan mengusulkan solusi untuk meningkatkan efektivitas upaya, penanggulangan narkotika di lingkungan mahasiswa, dengan menekankan perlunya pendekatan secara komprehensif yang melibatkan semua pemangku kepentingan.Kata Kunci: Peredaran, Narkotika, Mahasiswa
The Role of Prosecutors in the Implementation of Judges' Decisions on Corruption Crimes (Case Study at the Ende District Attorney's Office) Partimi, Yuli; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46250

Abstract

Abstract. The role of prosecutors is very important in the implementation of criminal decisions for corruption crimes, considering that prosecutors are responsible for ensuring that court decisions can be implemented effectively in order to uphold justice and restore public confidence in the legal system. This study aims to determine and analyze the role of prosecutors in the implementation of judges' decisions on corruption crimes at the Ende District Attorney's Office along with the obstacles faced and their solutions. This study uses a sociological juridical approach method, the research specification is descriptive analytical. The data used are primary data and secondary data while the data collection method is carried out through field studies and literature studies. The data analysis method is qualitative. The theories used are the theory of law enforcement and the theory of how the law works. Based on the research results it can be concluded that he role of prosecutors in implementing judges' decisions on corruption crimes at the Ende District Attorney's Office has been carried out with their authority as stipulated in the law. The obstacles in implementing judges' decisions on corruption crimes at the Ende District Attorney's Office are the lack of functional prosecutors, difficulties in asset tracing, and the failure to implement replacement money decisions. Therefore, the solution is to add prosecutors for special crimes, conduct asset tracing from the investigation stage until before the implementation of the criminal sentence or imprisonment is completed, and take a preventive approach to the convict's family.
Legal Review of Termination of Prosecution of Drug Abusers Based on Restorative Justice (Case Study of Bengkalis District Attorney's Office) Sitanggang, Marulitua Johannes; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46075

Abstract

The practice of legal policy in Indonesia, as part of the national legal policy in resolving narcotics crime cases, still positions the actions committed by narcotics abusers as serious crimes that must be punished with criminal sanctions. The purpose of this research is to examine and analyze the implementation of prosecution termination by the Prosecutor's Office against narcotics addicts through a restorative justice approach, and to examine and analyze the obstacles in the implementation of such prosecution termination along with the proposed solutions. This legal research uses an empirical legal research method. Empirical juridical research is legal research that applies legal principles and doctrines to review, observe, and analyze legal issues, while also assessing the implementation of the law in practice. The implementation of prosecution termination by the Prosecutor's Office against narcotics addicts through a restorative justice approach is a progressive step that emphasizes rehabilitation and recovery rather than punishment. Its legal basis includes the Prosecutor's Regulation of the Republic of Indonesia Number 18 of 2021 and Article 127 of the Narcotics Law, which recognizes addicts as victims who deserve medical and social rehabilitation. This approach also aims to reduce prison overcrowding and break the chain of drug distribution through selective handling and inter-institutional collaboration. However, the approach faces challenges in terms of unsynchronized legal substance, weak structural coordination, and cultural resistance, including public stigma. Proposed solutions include regulatory harmonization, enhanced prosecutorial capacity, strengthened rehabilitation facilities, and public anti-stigma campaigns. As part of long-term legal reform, the decriminalization of narcotics users is also considered important to shift the legal approach from punitive to a more humane and health-oriented model.
The Effectiveness of the Death Penalty as an Instrument of Legal Firmness Against Drug Dealers Putratama, Muhammad Rafly; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46120

Abstract

Illegal drug trafficking in Indonesia has reached a very alarming level and is a serious threat to national resilience, so that the state has taken a firm legal policy through the application of the death penalty to drug dealers as regulated in Law Number 35 of 2009 concerning Narcotics. The death penalty is believed to be a form of ultimum remedium as well as an effective deterrent instrument to overcome this extraordinary crime. However, its effectiveness is still being debated, especially due to the lack of empirical evidence that the death penalty can significantly reduce the number of drug crimes. In writing this thesis, the aim is to study and analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia and to study and analyze the obstacles and solutions in the application of the death penalty to perpetrators of drug crimes in Indonesia. The method used is an empirical juridical legal approach, which combines normative analysis of laws and regulations with the reality of their application in the field. Data were collected through document studies, interviews with law enforcement officers, and observations of a number of court decisions that imposed the death penalty on perpetrators of narcotics crimes. The author uses the theory of Effectiveness of Law Enforcement and the theory of legal certainty to analyze the effectiveness of the application of the death penalty to drug dealers in the criminal law system in Indonesia, obstacles and solutions in the application of the death penalty to perpetrators of drug crimes in Indonesia. Factors such as weak oversight systems, potential abuse of authority, and lack of consistency in law enforcement are major obstacles. In addition, the death penalty also raises controversy in the context of human rights, especially the right to life. Therefore, an evaluation of the death penalty policy and strengthening of a transparent and accountable justice system are needed as part of a more effective drug control strategy. The government needs to reform the Narcotics Law to clarify the criteria for applying the death penalty, so that it includes not only big drug lords but also dealers involved in drug distribution networks at various levels, in order to provide legal clarity and ensure justice for all perpetrators. In addition, the effectiveness of its implementation must be supported by ongoing training and education for law enforcement officers to improve integrity and prevent errors in the sentencing process.
Implementation of the Community Police Program in Supporting the Maintenance of Security and Public Order (Study at the Semarang City Police Resort) Maulidiawati, Wahdah; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46244

Abstract

Abstract. The current conducive Kamtibmas situation is highly expected by the entire community to be realized in the midst of society so as to create a sense of calm and peace, therefore an intensive approach to the community is very necessary. The purpose of this study is to determine and analyze the implementation of the neighborhood police program in supporting the maintenance of public security and order. To determine and analyze the factors that hinder the implementation of the neighborhood police program in supporting the maintenance of public security and order and their solutions. The method used by the researcher is a legal approach in a sociological juridical manner and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The data is analyzed qualitatively using criminal law policy theory and legal system theory. Based on the results of the study, the implementation of the Community Police (RW Police) program in supporting the maintenance of public security and order (Kamtibmas) aims to create a closer relationship between the police and the community at the smallest level, namely RW, has been implemented well although not optimally. Factors that hinder the implementation of the community police program in supporting the maintenance of public security and order include the placement of Human Resources, namely not all RW Police Officers can be placed where they live, the budget, namely the absence of a special budget for RW Police Officers, both operational budgets and contact facilities, and the performance of the RW Police which is not optimal due to the burden of the RW Police members who also have to carry out their daily operational duties. The solution that can be done is careful planning regarding the placement of RW Police officers and renewing the duty order, so that the RW Police should be placed according to their place of residence. If in an RW there are no residents who work as members of the Police, then it is better for Polri members to serve in an office that is not far from the RW, thus it is hoped that the assignment of the RW Police can support the task of maintaining harkamtibmas optimally. Proposed budget to support RW Police activities, such as operational facilities and contact facilities and other supporting facilities. So that Polri members assigned as RW Police do not often get field operational tasks or other additional tasks.
Legal Review of Criminal Acts of Defamation Through Social Media Based on Justice Values Hargiharso, Muhammad Dimas; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46105

Abstract

The development of information technology has brought significant changes in the way people interact, especially through social media. However, the ease of expressing opinions in digital spaces has also given rise to new legal problems, one of which is the crime of defamation. This study aims to analyze how positive legal provisions in Indonesia regulate defamation through social media and how the application of these laws can reflect the values of justice. This study uses a normative legal approach with secondary data in the form of laws and regulations, literature, and related court decisions. Based on the results of the analysis, it was found that the provisions in Article 27 paragraph (3) of the ITE Law often give rise to multiple interpretations and have the potential to violate the principle of substantive justice. Law enforcement against cases of defamation through social media has not fully considered the context and motives of the perpetrators, and has not been optimal in protecting the rights of victims and suspects. In many cases, a repressive approach is preferred over a restorative approach. Therefore, there needs to be legal reform and reinterpretation of norms so that the law is not only legalistic, but also reflects the values of social justice. The conclusion of this study confirms that the regulation and application of law against criminal acts of defamation on social media must be aligned with the principles of justice, proportionality, and protection of human rights. Regulatory reform and digital education for the public are strategic steps to achieve a fair and balanced legal system in the digital era.
Effectiveness of the Implementation of Social Rehabilitation for Child Victims of Sexual Violence Based on Justice (Case Study of UPTD PPA (Protection of Women and Children) of Kotamobagu City) Malau, Nike Rumondang; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46167

Abstract

Children are a gift from God Almighty who have the right to be given protection for their personality and the rights inherent in a child. , therefore we must always protect children because in them inherent dignity, honor, and rights as human beings must be upheld. Children's human rights are part of human rights contained in the 1945 Constitution and the United Nations Convention on the Rights of the Child. From the perspective of national and state life, children are the future of the nation and the next generation of the nation's ideals, so that every child has the right to survival, growth and development and the right to protection from violence and discrimination as mandated in Article 28 paragraph (2) of the 1945 Constitution. Based on the formulation of the problem and the objectives of this research, the type of research used in this thesis research is empirical legal research, namely research that not only examines normative aspects but also examines how the law is implemented in society. Based on the Author's research by conducting interviews with the Head of UPTD PPA Kotamobagu City (Susilawati Gilalom), Psychologist Assistant (Indri Dilapanga) and Social Worker (Supriono Paputungan) regarding the implementation of social rehabilitation of child victims of sexual violence at the PPA Office of Kotamobagu City from the results of the interview, the Author can conclude that the implementation of the social rehabilitation process for child victims of sexual violence has been carried out well following the mechanisms and procedures regulated in the Regulation of the Minister of State for the Empowerment of Women and Child Protection of the Republic of Indonesia Number 2 of 2011 concerning Guidelines for Handling Child Victims of Sexual Violence, there are several obstacles found in the implementation of social rehabilitation of child victims of sexual violence
Legal Review of the Police Intelligence Authority in Handling Criminal Acts of Inter-Ethnic Conflict (Research Study in Merauke Regency, South Papua Province) Nooryono, Makhsyar; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46066

Abstract

This research is motivated by the high frequency of inter-ethnic conflicts in Merauke Regency, South Papua Province, which poses a serious threat to public security, social order, and human rights. These conflicts-such as the one between the Asmat and Mappi tribes-have resulted in fatalities, material losses, and widespread social damage. In the context of a state governed by law, the Indonesian National Police (Polri) holds a strategic responsibility to prevent and address potential social conflicts, one of which is carried out through the role of the Intelligence and Security Division (Intelkam) in conducting early detection and engagement to maintain national stability. This study aims to analyze the implementation of Polri's intelligence authority in handling criminal acts related to inter-tribal conflicts in Merauke Regency, as well as to identify the challenges encountered and propose alternative solutions. The research uses a socio-juridical approach with a descriptive-analytical specification. The data collected includes primary and secondary legal materials, as well as empirical data obtained through observation, interviews, and documentation. Qualitative analysis is applied to examine statutory provisions, institutional roles, and the social dynamics of indigenous communities in South Papua. The findings indicate that the exercise of Intelkam Polri's authority has been conducted in accordance with the applicable legal framework. However, it still faces several obstacles such as limited resources, cultural resistance, and weak inter-agency coordination. An optimal conflict resolution requires integration between formal legal approaches and cultural methods grounded in local wisdom. There is a pressing need to strengthen the capacity of Intelkam and to improve synergy among the government, traditional leaders, and local communities to achieve sustainable peace.
Formulation of Investigation of Criminal Acts of Theft with Justice-Based Aggravation (Case Study of Nabire Police Resort) Anugerah, Muhammad Dito; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46109

Abstract

Indonesia is a unitary state in the form of a republic. This statement is clearly stated in Article 1 Paragraph 3 of the Fourth Amendment to the 1945 Constitution of the Republic of Indonesia, which states that Indonesia is a country of law. Based on the supremacy of law, it states that "Indonesia is a country that upholds human dignity in relation to laws and regulations, and the government must enforce the law without exception. The type of research used in this study is normative legal research. Normative legal research is research that aims to analyze and examine law as a norm or rule that applies in society. The focus of this research is legal materials, either in the form of laws and regulations, doctrines, legal principles, or relevant court decisions. 1. The current mechanism for investigating aggravated theft is carried out based on the provisions of the Criminal Procedure Code (KUHAP), starting from the reporting stage, investigation, inquiry, to the transfer of the case to the prosecution stage. 2. Weaknesses in aggravated theft investigations include the limited ability of investigators to comprehensively uncover initial evidence, minimal use of supporting technology, and lack of sensitivity to the perpetrator's social background. 3. The legal formulation of the investigation of the crime of theft with aggravation based on justice should be directed at integrating the values of Pancasila justice, especially the second and fifth principles.
Legal Protection for Victims of Traffic Accidents Based on Justice (Cirebon Police Case Study) Sijabat, Niko Andri; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46168

Abstract

Traffic accidents not only cause material losses, but also psychological and social impacts on victims. Therefore, a legal protection mechanism is needed that is not only repressive, but also restorative, in order to guarantee the rights of victims fairly and proportionally. The research method used is empirical juridical, with a qualitative approach. Data were obtained through interviews with law enforcement officers at the Cirebon Police, accident victims, and a review of relevant legal documents. The results of the study indicate that although legal protection has been regulated in laws and regulations such as Law No. 22 of 2009 concerning Traffic and Road Transportation and the Criminal Procedure Code, its implementation still faces obstacles, including minimal legal assistance for victims, lack of public understanding of victims' legal rights, and limitations in the application of restorative justice. This study recommends the need to increase the role of the Cirebon Police in socializing victims' rights, strengthening coordination with legal aid institutions, and implementing a more optimal restorative justice approach so that victims' rights can be fulfilled comprehensively.
Co-Authors Adriano, Muhammad Ricky Ali, Nuraliah Anis Mashdurohatun Anugerah, Muhammad Dito Argo Victoria, Ong Arpangi Bambang Tri Bawono Dian Pramana Djunaedi, H. D. dwi wahyono Fareha, Nur Handayani, Yusrina Hargiharso, Muhammad Dimas Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Hidayat, Yudhi Taufiq Nur Ida Musofiana, Ida Khasanah, Dian Ratu Ayu Uswatun Madrah, Muna Yastuti Malau, Nike Rumondang Margono Margono Marpaung, Marzuki Joshua Maulidiawati, Wahdah Moh. Nurul Huda, Moh. Nurul Muhammad Iqbal Nooryono, Makhsyar Partimi, Yuli Prayitno, Ahmad Hadi Putratama, Muhammad Rafly Resmi, Puji Rimbawan, Andhika Yuli Saraya, Sitta Sijabat, Niko Andri Silaban, Roynaldo Siswanto, Moh Aris Sitanggang, Marulitua Johannes Sri Endah Wahyuningsih Suranto Suranto Suwondo, Denny Widayati Widayati Widiyoko, Setiawan Widono, Janu winanto, winanto Yassine, Chami