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Ozi Saputra
Universitas Nasional, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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TINDAK PIDANA NARKOTIKA TERHADAP ANAK DIBAWAH UMUR Ozi Saputra; Yusuf Setyadi
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.864 KB)

Abstract

In the juvenile criminal justice system in Indonesia, children as narcotics abusers undergo a criminal justice process. As a vulnerable party in the criminal justice process, even though they are undergoing a judicial process, children must still receive protection. The purpose of this research is to find out the form of protection and what factors are the barriers to legal protection for children as narcotics abusers in the criminal justice system, as a discourse that will be discussed in this study. The method used is normative legal research method, namely reciprocal research between legal norms and social facts. The results of this study indicate that in the perspective of Law No. 35 of 2009 concerning Narcotics, it is not specifically regulated regarding children as perpetrators of narcotics abuse. Through diversion, children who abuse narcotics get protection. The form of diversion of children as narcotics abusers is possible by handing them back to their parents/guardians or participating in education and training and community services
PENEGAKAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DALAM POLITIK HUKUM DI INDONESIA: STUDI KASUS TIMOR TIMUR Yusuf Setyadi; Ozi Saputra
JOURNAL OF LAW AND NATION Vol. 1 No. 2 (2022): NOVEMBER
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.297 KB)

Abstract

The essence of Human Rights (HAM) is an effort to maintain the safety of human existence as a whole through a balance between individual interests and public interests. One of the cases of gross human rights violations in Indonesia is the case in East Timor, which has prompted the international community to establish an international tribunal for the perpetrators. The urge for an international tribunal, especially for the gross human rights violations that occurred in East Timor, is getting stronger and even the UN High Commission has issued a provision to disclose the possibility of serious human rights violations in East Timor. The purpose of this study is to examine the enforcement of human rights violations in East Timor in Indonesian political law. The results of this study indicate that in the East Timor case, many of the defendants became the constitution or laws as legal shields. On the other hand, the slow and even delayed judicial process was the result of factors and the legal system that was not developed seriously, thus proving that at that time the government worked not based on awareness, but because of the strengthening or weakening of public pressure.
Co-Authors Yusuf Setyadi