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Journal : UNTAG Law Review

JURIDICAL REVIEW OF THE VALUE OF LEGAL CERTAINTY AND THE VALUE OF JUSTICE FOR THE MISUSE OF CLASS I NARCOTICS IN COURT DECISION NUMBER 304/PID.SUS/2020/PT SMG. Setiawati, Sri; Hartati, Sri; Rubiyanto, Rubiyanto
UNTAG Law Review Vol 8, No 1 (2024): UNTAG LAW REVIEW
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v8i1.4989

Abstract

Legal certainty for narcotics abusers in Law Number 35 of 2009 concerning Narcotics does not yet have legal certainty where in practice abusers are often charged and even terminated by Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics which is without rights and against the law depositor, owner, who controls narcotics class I non-plants. Based on the description above, the author is interested in studying this scientific paper with the title Juridical Review of the Value of Legal Certainty and the Value of Justice for the Abuse of Narcotics Group I in conviction Number 304/PID.SUS/2020/PT SMG. In practice narcotics abusers still use Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics which is without rights and against the law of the depositor, the owner, who controls narcotics class I not plants even though there is a Supreme Court Circular Letter (SEMA) Number 3 of 2015 to identify the accused as an abuser. In its implementation, there are obstacles that exist in the authority of law enforcers, especially judges. This research also found that restorative justice for narcotics abusers by the courts is still not effective which is contained in the Appendix to the Decree of the Director General of the General Judiciary Agency Number 1691/DJU/SK/PS.00/12/2020 concerning Enforcement of the Guidelines for the Application of Restorative Justice in the guidelines for the application of restorative justice in the General Court environment as an effort that can be made in deciding cases of class I narcotics abuse.
ANALISIS PENYALURAN BANTUAN SOSIAL PADA MASA PEMILU PERSPEKTIF SILA KEADILAN SOSIAL BAGI SELURUH RAKYAT INDONESIA Hartati, Sri; SETIAWATI, SRI; Rubiyanto, Rubiyanto
UNTAG Law Review Vol 9, No 1 (2025): UNTAG LAW REVIEW
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i1.5506

Abstract

The social assistance program (Bansos) has become the main instrument in the government's performance to alleviate poverty and ensure community welfare. However, the phenomenon of misuse of social assistance for political purposes, especially in the context of general election campaigns (Pemilu), is an issue that raises serious concerns in realizing the principles of justice, transparency, and accountability in realizing elections that are "Luber Jurdil" (Direct, Public, Secret, Honest, and Fair). The purpose of this paper is to identify and examine carefully and thoroughly the normative problems related to the misuse of social assistance programs for campaign purposes during the general election. This research uses a normative analysis method by referring to various legal sources, regulations, and related literature. To deal with this issue, this article adress several policy recommendations, including strengthening legislative material regarding supervision and accountability, increasing the capacity of related institutions, as well as increasing awareness of law and political ethics among the public and political actors. So the misuse of social assistance programs for campaign purposes during general elections is a complex problem and requires comprehensive and sustainable action from various related parties to build transparent, clean, and accountable public governance.