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The Urgency of Rehabilitation in the Utilitarian Paradigm to Punishing Narcotics Addicts Muhammad Ridwan Lubis; Cut Nurita; Dian Pramana; Diana Lubis
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.36637

Abstract

Rehabilitation for narcotics abusers is a recovery method that needs to be carried out by prisoners who are categorized as addicts and victims of narcotics abuse. Rehabilitation is part of the use of utilitarian principles. The purpose of this research is to analyze the urgency of implementing rehabilitation for drug addicts and to analyze the rehabilitation of narcotics addicts in the utilitarian paradigm. This research is a type of normative juridical research to examine the urgency of implementing rehabilitation for narcotics addicts in a utilitarian paradigm. Even though articles regarding the implementation of rehabilitation have been regulated, enforcement of the law remains rare, creating the impression of selective logging in its implementation. Therefore, it is essential to scrutinize whether the implementation of rehabilitation for narcotics users aligns with the provisions of the Narcotics Law and the norms outlined in the relevant articles. The benefits that people with drug addiction get from rehabilitation are in the form of detoxification and social rehabilitation, which are designed to facilitate the user's reintegration into regular life, along with the following stages of treatment. Thus, regarding the benefits for the Indonesian state, providing rehabilitation for narcotics addicts is believed to be able to reduce the number of narcotics trafficking itself.
Implementasi Wasiat Wajibah pada Kasus Anak Angkat dalam Putusan Pengadilan Agama Diana Lubis
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7091

Abstract

This study examines the implementation of mandatory wills (wasiat wajibah) for adopted children in Religious Court decisions in Indonesia using a juridical-normative approach. Adopted children are not categorized as legal heirs under Islamic inheritance law; however, their moral and social rights may be protected through mandatory wills. The objective of this research is to analyze the legal validity, implementation procedures, judicial considerations, and challenges related to mandatory wills for adopted children in Religious Courts. This research applies a qualitative method through document analysis, court decision review, and literature study on Islamic inheritance law, the Compilation of Islamic Law (KHI), and relevant legal doctrines. Data were obtained from Religious Court decisions, statutory regulations, academic journals, books, and other legal references. The findings indicate that Religious Courts generally recognize the legality of mandatory wills provided that the allocation does not exceed one-third of the estate and fulfills formal legal requirements. Judges tend to emphasize principles of justice, maslahat, and family harmony in resolving disputes between adopted children and legal heirs. Nevertheless, several obstacles remain, including limited public understanding of inheritance law, inconsistent judicial interpretation, and incomplete legal documentation. This study concludes that mandatory wills serve as an important legal mechanism for protecting adopted children’s rights while maintaining conformity with Islamic inheritance principles and maqashid sharia.