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LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF DRUG CRIMES BASED ON JUSTICE (Decision Study Number: 463/Pid.Sus/2023/PN Smg) Akbar, Mochamad Rafly; Alia Maerani, Ira
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19334

Abstract

Transnational drug crimes are carried out using sophisticated modus operandi and technology, including securing the proceeds of drug crimes. The development of the quality of drug crimes has become a very serious threat to human life. This thesis aims to study and analyze: First, the judge's considerations in sentencing perpetrators of drug crimes based on justice. Second, how is the criminal responsibility for perpetrators of drug crimes based on justice. This assessment is carried out objectively and subjectively. The approach method used is normative juridical, namely a library law study carried out by examining library materials or secondary data alone using deductive thinking methods. The writing specifications use descriptive analysis, the sources and types of data used are secondary data. The method of data collection by collecting data using secondary data collection methods. The problem is analyzed using the theory of criminal responsibility, the theory of punishment and the theory of justice. Criminal responsibility basically lies in the perpetrator where in its provisions every act must be accountable except for provisions that have been regulated in laws and regulations that harm others. Fulfillment of the requirements for criminal responsibility for Decision Number 463/Pid.Sus/2023/PN Smg. Thus, the defendant can be held criminally responsible for the crime of narcotics which is an intermediary in the sale and purchase of class I narcotics, the judge in sentencing the defendant chose imprisonment and a fine, namely imposing a sentence on the Defendant therefore with imprisonment for 5 (five) years and 10 (ten) months and a fine of Rp. 1,000,000,000, - (one billion rupiah) with the provision that if the fine is not paid, it will be replaced with 4 (four) months in prison. Both criminal sanctions, both imprisonment and fines, were imposed by the judge because in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics.
Legal Consequences of Notarial Deeds Regarding Negligence in Typing Errors in Notarial Deeds Mu’alimah, Nurul; Alia Maerani, Ira
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries must be guided by divine values, human values, justice values, ethical values (adab), unity values, people's values, deliberative values, national values, and other values that are upheld by the Indonesian people. The public places great trust in Notaries. However, Notaries are ordinary people who can make mistakes. One of the errors that can occur is a typo in the Notary's deed. Mistakes and negligence made by the Notary when carrying out his duties can have an impact on the deed he makes. The purpose of this research is to find out: 1) The legal consequences of a deed that has typographical errors in the deed made by the Notary. 2) Efforts taken if a typo occurs. 3) The Notary's responsibility in making the deed if a typographical error occurs. The approach method in this research is sociological juridical. The results of the research concluded: 1) The legal consequences if a Notary makes a typing error in his or her deed due to negligence or lack of care alone can result in civil and administrative sanctions. 2) Typical errors in notarial deeds can be substantive or non-substantive. A non-substantive typographical error means that the error does not cause a significant difference in meaning in the substance of the deed or even if there is a difference in the meaning of words, but in the context of the sentence it cannot be interpreted differently from what is actually intended, including errors in spelling. 3) Article 51 UUJN gives the Notary the authority to correct written errors or typographical errors contained in the Minutes of the signed deed. Keywords: Deed; Error; Notarial; Typing.