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Model Rehabilitation of Drug Addicts Based on Legal and Community Health Approaches to Promote Healthy Behavior Chaidar, Muhamad; Septian Mubarrok, Alik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2467

The handling of drug addicts in Indonesia still faces serious problems due to the disharmony between legal norms that emphasize rehabilitation and law enforcement practices that tend to be repressive. The aim of this research is to analyze the normative framework for the rehabilitation of drug addicts, identify the barriers to implementation in the field, and formulate a model of integrative rehabilitation based on law and public health. This study employs a normative method with a legislative and conceptual approach. The results indicate that the Narcotics Law has provided a legal basis for rehabilitation; however, its implementation is not optimal due to limited resources, the repressive paradigm of law enforcement officers, societal stigma, and weak inter-agency coordination. Analysis using progressive legal theory and public health perspective emphasizes that addicts should be viewed as victims entitled to recovery, not merely as offenders. An integrative rehabilitation model that combines the roles of law and public health serves as a strategic solution to promote the protection of human rights, reduce the social impact of narcotics, and rehabilitate addicts towards healthy living behaviors.

Keabsahan Perjanjian Financial Technology Peer To Perr Lending (P2P Lending) Di Indonesia Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i1.50

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Analisis Yuridis Kebijakan Hukuman Mati di Indonesia Zulhilmi, Daffa; Chaidar, Muhamad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10922

The death penalty is the highest form of punishment still applied in Indonesia, especially for serious crimes such as premeditated murder, narcotics, and terrorism. This policy has a clear legal basis in the Criminal Code and a number of special laws. However, its implementation has raised debates regarding its impact on human rights, especially the right to life guaranteed by the constitution. This study aims to examine the legal basis, history and evolution of the death penalty policy, its impact on human rights, and its implementation in the context of law enforcement in Indonesia. This study uses a normative legal method with a legislative, conceptual, and historical approach, as well as qualitative data analysis of primary and secondary legal materials to understand the legal basis, objectives, and implications of the implementation of the death penalty in Indonesia. The results of the study show that although the death penalty has strong legal legitimacy, its implementation faces serious challenges, such as criticism of its effectiveness in preventing crime and potential violations of procedural justice, especially for less fortunate defendants. International pressure has also encouraged Indonesia to consider progressive steps, such as implementing a moratorium or abolishing the death penalty. This study concludes that the death penalty needs to be thoroughly evaluated to be more in line with human rights principles. A moratorium could be the first step in reforming more humane and effective sentencing policies.

Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11577

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.

IMPLEMENTASI RESTITUSI SEBAGAI UPAYA PEMULIHAN BAGI ANAK KORBAN KEKERASAN Chaidar, Muhamad
Gorontalo Law Review Vol. 8 No. 1 April 2025, Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v8i1.3896

Child protection is related to children who are facing criminal justice and children who are facing the law, both perpetrators and victims. In Indonesia, this is especially true in cases of sexual violence that most often occur in children. However, even though the rights of victims are fulfilled, regulations that protect victims are ineffective, so that the existence of victims is only passive, therefore the purpose of this study is to find out how to apply restitution as a restitutive effort for children victims of violence. This study uses normative legal research methods, focusing on the analysis of relevant laws and regulations and legal theories. Data were collected through literature research that included a variety of primary and secondary legal sources. The results of this study show that the understanding of both law enforcement and the public about the implementation of restitution and compensation is still low and there are many challenges. Restitution is compensation paid by the perpetrator based on a court decision, not always done due to the reluctance of the perpetrator and the lack of coercion mechanisms to enforce it. Efforts to improve the restitution mechanism must be carried out in order to provide justice and real recovery for the victims.

Model Rehabilitation of Drug Addicts Based on Legal and Community Health Approaches to Promote Healthy Behavior Chaidar, Muhamad; Septian Mubarrok, Alik
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2467

The handling of drug addicts in Indonesia still faces serious problems due to the disharmony between legal norms that emphasize rehabilitation and law enforcement practices that tend to be repressive. The aim of this research is to analyze the normative framework for the rehabilitation of drug addicts, identify the barriers to implementation in the field, and formulate a model of integrative rehabilitation based on law and public health. This study employs a normative method with a legislative and conceptual approach. The results indicate that the Narcotics Law has provided a legal basis for rehabilitation; however, its implementation is not optimal due to limited resources, the repressive paradigm of law enforcement officers, societal stigma, and weak inter-agency coordination. Analysis using progressive legal theory and public health perspective emphasizes that addicts should be viewed as victims entitled to recovery, not merely as offenders. An integrative rehabilitation model that combines the roles of law and public health serves as a strategic solution to promote the protection of human rights, reduce the social impact of narcotics, and rehabilitate addicts towards healthy living behaviors.

Protection of the Land Rights of the Paser Indigenous Tribe in the National Capital Region Nusantara Andy Usmina Wijaya; Fikri Hadi; Muhamad Chaidar
Jurnal Mengkaji Indonesia Vol. 4 No. 2 (2025): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i2.1471

Abstract: The regulation regarding the relocation of the new capital city has sparked pros and cons within the community across various categories; one pertains to the land occupied, maintained, and nurtured by the indigenous Paser tribe residing in the area. Their land has provided sustenance for their survival and that of their descendants. The relocation of the capital city to their territory raises questions concerning the land they have cared for all this time. Article 18B, paragraph 2 of the 1945 Constitution acknowledges the importance of customary law in developing national law. Purpose: This paper will explain the protection to Paser Indigenous Tribe regarding the Land Rights after the relocation of the capital city. Design/Methodology/Approach: The type of research is normative law, The approaches used are the statute approach and the conceptual approach. Findings: The main results or discoveries of the research presented briefly. Present the article’s findings based on the analysis and discussion done in the paper. Originality/value: The background of the object being studied is the same Indigenous communities affected by national-scale strategic projects. The difference in this context is that it focuses on the indigenous communities affected by the development project of the National Capital in Nusantara.

PERLINDUNGAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA Alvian Tri Ramadhan; Muhamad Chaidar
HUKMY : Jurnal Hukum Vol. 5 No. 1 (2025): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2025.v5i1.906-921

Protection of children is the obligation of both guardians, as well as the family and the encompassing community since the assurance given to children is to secure and ensure children and to fulfill children's rights to be able to live, create and develop so that they can socialize within the encompassing environment or region because children may be a blessing and blessing from God All-powerful which we must ensure and watch with all our hearts. The shape of child assurance in worldwide relations has been controlled within the Tradition on the Rights of the Child so that children must be ensured and ensured so that they can survive, develop, develop and be able to realize in an exertion to get able and quality instruction and the part of the government and the common open in directing children is required. and endeavor for legitimate assurance against acts of viciousness against children in arrange to move forward the welfare of children and make assurance by guaranteeing legitimate controls and the capacities of children's teach that are executed.

STRATEGI PENGUATAN SISTEM PERLINDUNGAN HUKUM BAGI KORBAN PELECEHAN ANAK Nurul Cholafina Dela Cantika; Muhamad Chaidar
HUKMY : Jurnal Hukum Vol. 5 No. 1 (2025): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2025.v5i1.893-905

Children are a vulnerable group that requires special protection, especially in cases of abuse. This research aims to identify strategies for strengthening the legal protection system for victims of child . The research method used is a normative juridical approach with analysis of applicable regulations and case studies of their implementation. The research results show that there are weaknesses in the implementation of laws and regulations, a lack of special training for law enforcers, and a lack of access for victims to assistance services. Recommended strategies include strengthening regulations through harmonization of national laws, providing child sensitivity-based training for law enforcement officers, and establishing integrated service centers involving psychologists, legal assistants and local communities. The implementation of this strategy is expected to increase effective and fair legal protection for victims of child abuse.

EFEKTIVITAS PERLINDUNGAN HUKUM ANAK SEBAGAI KORBAN KEKERASAN SEKSUAL DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Wilda Putri Nur Rezizah; Muhamad Chaidar
HUKMY : Jurnal Hukum Vol. 5 No. 2 (2025): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2025.v5i2.1112-1125

Baseid on data from thei Ministry of Womein’s Eimpoweirmeint and Child Proteiction (KeimeinPPPA) throuigh SIMFONI-PPA, in 2024 theirei weirei 28,831 caseis of violeincei against womein and childrein, of which 16,145 caseis (56%) involveid child seixuial violeincei. By mid-2025, thei nuimbeir of caseis reiacheid 13,845, with approximateily 7,753 beiing seixuial violeincei against childrein. Theisei figuireis indicatei that seixuial violeincei reimains thei most dominant and alarming form of huiman rights violation against childrein. This reiseiarch eimploys a normativei leigal meithod uising statuitory, conceiptuial, and casei approacheis. Thei findings reiveial that, normativeily, Indoneisia has eistablisheid a strong leigal frameiwork throuigh Law Nuimbeir 35 of 2014, Law Nuimbeir 17 of 2016, and Law Nuimbeir 12 of 2022. Howeiveir, impleimeintation reimains ineiffeictivei duiei to weiak law einforceimeint, insuifficieint psychological assistancei, and thei lack of child-frieindly peirspeictiveis among law einforceimeint officeirs. Eithical dileimmas also arisei in einforcing cheimical castration peinaltieis, which may violatei huiman rights principleis. Theireiforei, reiguilatory harmonization, instituitional streingtheining, and a huiman-rights-baseid approach arei uirgeintly neieideid to achieivei compreiheinsivei, huimanei, and juist proteiction for child victims of seixuial violeincei.

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