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All Journal Pembaharuan Hukum Journal Philosophy of Law
Amalia Nugraheni, Novie
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Law, Crime, Criminology & Criminal Justice

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FAIR TRIAL FOR PERSONS WITH DISABILITIES: IDEALITY VS REALITY Amalia Nugraheni, Novie; Kristanto, Andri
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4893

Abstract

The purpose of this research is to analyze the barriers in fulfilling the rights of persons with disabilities in the fair trial process to provide legal protection to persons with disabilities. The type of research used in this study is juridical normative research using secondary data obtained from previous research. The data analysis method used is qualitative by collecting data in the form of applicable laws, books, journals related to persons with disabilities and law enforcement, and interviews with stakeholders involved. The research results show that fair trials for persons with disabilities are still an ideal that has not been fully achieved. Real commitment and action from the government, law enforcement, and society are needed to ensure the protection of the rights of persons with disabilities in the justice system. There is still a lack of understanding and awareness of their needs, but increased awareness and training can help address this issue. Fair trials must consider limited physical accessibility and alternative communication facilities, and ensure adequate training for court staff. Concrete actions are needed to improve awareness, training, and accessibility in the justice system.
THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS Amalia Nugraheni, Novie
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.34620

Abstract

Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.
Co-Authors Andri Kristanto