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EFFORTS TO OVERCOME CRIMINAL ACTS OF NARCOTICS ABUSE Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.324

Abstract

Narcotics abuse has a very bad impact on the continuity of a nation's generations. To anticipate this, cooperation from all components of society, such as families, from school to university level, and the government must be united in efforts to prevent narcotics in the surrounding environment. The formulation of the research problem is: 1) How is the police investigation process organized for perpetrators of narcotics abuse? 2) What efforts are made by law enforcers to prevent narcotics abuse? This is a normative research with sources of legal materials in this research being primary and secondary legal materials, techniques for collecting legal materials using documentation recording methods and reading statutory regulations related to the problem and analyzed using qualitative descriptive. From the results of observations and research, the police were given authority to carry out investigations and investigations up to the filing of P-21, the Police carry out investigations if there is a report; caught. The implementation of the investigation originates from three things as stated in the Criminal Procedure Code, steps that must be taken by all levels of society in efforts to prevent and control Narcotics in the community, including: 1. Promotive Methods, 2. Preventative Methods, 3. Repressive Methods, 4. Curative Methods, 5 Rehabilitation.
IMPLEMENTATION OF RESTORATIVE JUSTICE AS AN ALTERNATIVE FOR CHILD CRIMINAL RESOLUTION Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama; Syaiful Asmi Hasibuan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 1 (2023): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i1.334

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
JURIDICAL STUDY OF THE CRIMINAL ACTS OF DEFENSE IN VIEW FROM THE ITE LAW NUMBER 19 OF 2016 Yasmira Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham; Ricky Pratama Ginting; Sardi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.944

Abstract

This research was conducted with the aim of finding out how the application of legal sanctions for perpetrators of criminal acts of defamation according to the ITE Law Number 19 of 2016 and how the impact of ITE Law Number 19 of 2016 has on legal changes in society. By using normative juridical research methods. In submitting criticism or opinion, it is protected by human rights and applicable laws and regulations. The criminal act of Defamation is strictly regulated in Law Number 19 of 2016 namely in Articles 27, 28 and Article 29 which prohibits distributing and/or transmitting and/or making electronic information accessible, which contains insults and/or defamation. Good name. Article 27 paragraph 3 of the ITE Law, In order to be categorized as a criminal act of defamation, the following elements must be proven: Intentional existence, without rights (without permission), with the aim of attacking reputation or honor, attacking accusations to make it known to the public. The Electronic Information and Transaction Law (UU ITE), which has been passed by the government along with the rapid development of information technology, aims to maintain and maintain polite behavior in cyberspace. However, the Indonesian people feel that the existence of the ITE Law actually hinders freedom of expression and issuing opinions. Moreover, there is misuse of the benefits of the ITE Law, namely the state apparatus to silence people who have criticized the state. In this journal, the author explains the various influences of the ITE Law on people's lives and the impacts it has. In conclusion, the principles of the ITE Law actually have good intentions to protect Indonesian people from misuse of social media. The community also wants the government to immediately remove articles that are prone to being misused for freedom of expression and to be able to create a democratic state from both the people and the government.
THE ROLE OF THE PADANG LAWAS RESORT POLICE'S DRUG RESEARCH UNIT IN HANDLING OFFENSES DRUG CRIMINAL Mhd. Ihwanuddin Hasibuan; Andry Syafrizal Tanjung; Ismaidar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1597

Abstract

Drug crimes are special crimes regulated in Law number 35 of 2009 concerning Narcotics crimes. The research aims to find out the role of the Padang Lawas Police Drug Investigation Unit in handling drug crimes, what obstacles are experienced in the investigation process for handling drug crimes. The type of research used is empirical juridical research (field study). This research is descriptive in nature, the location of this research was carried out at the Padang Lawas Resort Police Drug Research Unit. The subject of this research is the police who have the authority to handle drug crimes in the Padang Lawas Resort Police Drug Investigation Unit. Data collection techniques were carried out by means of observation, interviews, document study. The research results show the role of the Padang Lawas Resort Police's drug investigation unit in accordance with Law Number 2 of 2002 concerning the Republic of Indonesia Police and Law no. 35 of 2009 concerning Narcotics Crimes, the obstacles experienced in the investigation process are,Lack of budget, inadequate facilities and infrastructure, lack of drug investigation personnel, a culture of society that still covers things up, each perpetrator being tied to each other and changing illegal crime techniques, in terms of efforts to overcome these obstacles, the Padang Resort Police Narcotics Investigation Unit Lawas making the village drug-free is a solution to minimizing the illegal circulation of drugs.
LEGAL SANCTIONS FOR THE CRIMINAL ACT OF LAND CLAIMS IN A POSITIVE AND CRIMINAL LAW PERSPECTIVE ISLAMIC CRIMINAL LAW Mhd. Ihwanuddin Hasibuan; Mark G. Maffett; Bob Feinbrg
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.2

Abstract

The research aims to find out what the penalties are for perpetrators of criminal acts of land grabbing from a positive criminal law perspective and the penalties for perpetrators of criminal acts of land grabbing from a criminal law perspective. The type of research method used by normative juridical research. Secondary data sources were obtained from Al-Qur'an, Hadith, Fiqh Jinayah books, and the Criminal Code. Then it is analyzed using a qualitative descriptive method, namely explaining everything in the main issues firmly based on the problem formulation which is concluded inductively. Based on the results of the research, it can be concluded that the legal sanction for the crime of land grabbing according to the positive criminal law contained in the Criminal Code (KUHP) can be punished according to the provisions of article 385 by 4 years' imprisonment, whereas in Islamic criminal law the sanction of imprisonment can be imposed with the fingertips. ta'zir.