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Ideal Formulation of Police Efforts in Combating the Distribution of Crystal Meth Among Students (Case Study at Cirebon City Police Resort) Lestari, Sri Ayu; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46218

Abstract. Illegal drug trafficking and abuse that has targeted the young and old generations has reached various remote areas and drug abuse is often referred to as narcotics is almost evenly distributed in all levels of society. Legislation governing drugs is needed to stop the illegal drug trafficking, which always leads to drug abuse. The purpose of this study is to determine and analyze police efforts in overcoming the circulation of crystal methamphetamine among students today. To determine and analyze the obstacles faced by the police in overcoming the circulation of crystal methamphetamine among students today. The sources and types of data in this study are primary data obtained through interviews and secondary data obtained from literature studies. The data is analyzed qualitatively using crime prevention theory, legal system theory and progressive legal theory. Based on the results of the study, the police's efforts in overcoming the crime of methamphetamine abuse among students are currently being carried out through preventive efforts, preemptive efforts, reformative and rehabilitative efforts. Reformative and rehabilitative efforts include prevention and handling efforts. Prevention is carried out through socialization of the dangers of drugs, strengthening the role of families, and integrating anti-drug curriculum in schools. Handling involves medical rehabilitation, psychosocial therapy, and social support for perpetrators of drug abuse, as well as strict action against dealers. The obstacles faced by the police in overcoming the circulation of methamphetamine among students today are: lack of education about the dangers of drugs in schools, limited access to rehabilitation services, drug abuse by figures idolized by students, and peer pressure to try drugs. The ideal formulation of police efforts in combating the circulation of crystal methamphetamine among students in the future is with a holistic approach, involving prevention, strict law enforcement, rehabilitation, and community empowerment. Prevention efforts must focus on education, socialization of the dangers of drugs, and strengthening the role of families and schools.

Legal Analysis of Criminalization of Narcotics Abuse Perpetrators for Themselves Based on Justice (Study of Decision Number 116/Pid.Sus/2024/PN.Smg) Wahyuningsih, Tri; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46238

Abstract. Drug and illicit drug crimes are now transnational and carried out using sophisticated procedures and sophisticated technology. Law enforcement officers are expected to be able to prevent and overcome drug crimes in order to improve the morals and quality of Indonesian human resources as the next generation of this country. The use of narcotics if used without restrictions and medical supervision can endanger the health and even the lives of its users. As a country of law, Indonesia certainly has many regulations that govern social life. Narcotics Law Number 35 of 2009 has not regulated drug abuse. This was done as one of the important steps of the government to fulfill the contents of Article 4 of the 1945 Constitution, namely the protection of all Indonesian people, increasing public welfare, and protecting the people. Participation in the realization of a healthy national life, world order, eternal peace, and social justice. A case of drug abuse also occurred in the Semarang District Court area Number 116/Pid.Sus/2024/PN.Smg. Starting from the defendant together with witness ANGGA DWI PUTRA Bin ASOR HARIYANTO (who was submitted in a separate case file) on Thursday, January 4, 2024 at around 13.15 WIB or at least at another time in 2024, located on the side of Jalan Anggrek, Pekunden Village, Semarang Tengah District, Semarang City, or at least in another place that is still included in the jurisdiction of the Semarang District Court, attempted or conspiracy to commit a crime without rights or against the law offering for sale, selling, buying, receiving, acting as an intermediary in buying and selling, exchanging, or handing over Class I Narcotics, in the form of: 9 (nine) plastic clip packages, each of which was inserted into a yellow straw containing crystal powder of methamphetamine with a net weight of 2.23954 grams (two point two three nine five four grams) and 1 (one) plastic clip package containing crystal powder of methamphetamine with a net weight of 0.63632 grams (zero point six three six three two grams), wrapped in black plastic. On Thursday, January 4, 2024 at around 12.15 WIB when the defendant was at home, the defendant was contacted by Witness ANGGA DWI PUTRA via WA Chat, which in essence invited the defendant to accompany him to Simpang Lima in order to pick up crystal methamphetamine on the orders of MAULANA (DPO) with an unknown address and the defendant agreed.

Implementation of Judicial Pardon in the Reformation of the Criminal Justice System Based on Legal Certainty Jelindo, Reyga; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46197

Abstract. The concept of judicial pardon is regulated in Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code. This article regulates the qualifications for imposing a judicial pardon as a basis for the judge to decide whether or not to impose a criminal penalty if the defendant's actions are included in the scope of the crime. The objectives of the research in this study: 1) to find out and analyze the implementation of judicial pardon in the current criminal justice system; 2) to find out and analyze the weaknesses in the implementation of judicial pardon in the renewal of the criminal justice system; 3) to find out and analyze the implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty. The approach method in this study is by using the legislative approach, conceptual approach and case approach/comparative approach. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal certainty and the theory of the legal system. The results of the study concluded that: 1) The implementation of judicial pardon in the current criminal justice system reform, namely the problems surrounding the development of the current criminal justice system, shows that this system is considered no longer able to provide protection for human rights and transparency for the public interest. The individualistic and formal procedural criminal system has ignored the reality of the value of peace so that it is not used as a basis for the elimination of criminal punishment; 2) The weaknesses of the implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty consist of weaknesses in the legal substance aspect, weaknesses in the legal structure aspect. The weakness of the substance aspect is that there are no regulations that clearly categorize crimes in the RKUHP into minor or serious crimes. The weakness of the legal structure aspect is that when judges experience a dilemma when making a decision, they can use Judicial Pardon, or the judge's forgiveness. The weakness of the legal culture aspect is that if the sense of justice based on this law is considered by the judge to have been fulfilled through the decision he made, then it is not necessarily felt to be fair by the community, or some even state that the decision is truly unfair, and vice versa; 3) The implementation of judicial pardon in the renewal of the criminal justice system based on legal certainty that the application or imposition of a judge's pardon decision must go through several considerations, such as the lightness of the act, the personal condition of the perpetrator, or the circumstances surrounding the act at that time or afterward, as well as considering aspects of justice and humanity. The application of the judge's pardon decision must later be balanced with the integrity of law enforcers.

Effectiveness of Domestic Violence Case Investigation by the PPA Unit of the Ogan Komerung Ulu Police Pradani, Riri Nabila; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46208

Abstract. Domestic Violence (DV) cases in Indonesia are no longer a problem that must be covered up because everyone has the same rights and status in the eyes of the law. The majority of people in Indonesia are a country that still adheres to Eastern customs that still adhere to Patriarchy. Patriarchal culture positions men as rulers and women as second-class humans who must submit to men. In household life, women in particular are positioned as people who only hold reproductive functions such as getting pregnant, giving birth, and raising children who have been born, and domestic functions, namely matters within the home, therefore women are often perceived as weak creatures who only rely on emotions and feelings so that the output produced is illogical. An example of a case that occurred in 2024 with police report number LP.B/26/II/2024/SPKT dated February 20, 2024, which occurred between a husband and wife with the initials SA (Wife) as the victim and AP (Husband) who was the perpetrator on Jl. R. Suprapto, Kemala Raja Village, Baturaja Timur District, Ogan Komering Ulu Regency with a brief chronology of events, namely on Tuesday, February 13, 2024 at around 00.15 the perpetrator (AP) hit his wife (SA) because it was suspected that his wife received money and kept the money a secret so that AP felt annoyed and suspicious of his wife and kicked SA until she was thrown 3 meters away, in addition AP also slapped SA 3 times and caused bruises on SA's right and left cheeks. This case ended P-21 at the prosecutor's office and the suspect AP was sentenced according to the alleged article given. In addition, there is also LP.B/30/II/2025/SPKT/POLRES OKU dated February 26, 2025 which terminated the investigation (SP 3). The termination of the investigation was carried out because the victim withdrew the report because she wanted to improve her relationship with the perpetrator and have children with the perpetrator.

The Role of the Police in Providing Legal Protection for Child Victims of Indecent Acts (Case Study of Natuna Regency) Sinambela, Stheven Nerea; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46221

Abstract. Protection of the life and livelihood of children is still the responsibility of various parties, namely both parents, their families, society, and also the state. This protection can be in the form of clothing, food, and shelter. Not only that, the protection given to a child can also be in the form of protection against the psychological or mental condition of the child, especially their mental development. This means that the child can develop and live normally, not only in terms of physical development but also in terms of mental or psychological development. Furthermore, protection against the form of protection is legal protection against victims of criminal acts, which can be interpreted as protection to obtain legal guarantees for the suffering or loss of the party who has become a victim of a criminal act. Philosophically, children are the future of the nation, and as the next generation of the struggle, a child who has problems means becoming a problem for the nation, therefore the best interests of the child are the interests that must be prioritized in dealing with children who have problems or who are in conflict with the law. Children must be protected so that they do not become victims of anyone's actions (individuals or groups, private or government organizations) either directly or indirectly. Victims are those who suffer losses (mental, physical, social), due to passive actions, or active actions of other people or groups (private or government), either directly or indirectly. The crime of indecent assault is not only regulated in the Criminal Code but also regulated in Law No. 23 of 2002 concerning Child Protection. The Criminal Code states that indecent assault is contained in Article 289 of the Criminal Code which states that: "Anyone who by violence or with the threat of violence forces someone to do or allow an act to be done to him shall be punished for his wrongdoing in committing an act violating decency with a maximum imprisonment of nine years.

Synergy of Administrative Law and Criminal Law in Combating Corruption in Indonesia: Sinergi Hukum Administrasi dan Hukum Pidana Dalam Penanggulangan Korupsi di Indonesia Saraya Nurhadi, Sitta; Winjaya Laksana, Andri; Lailiyah, Kusroh; Handayani, Yusrina
Mendapo: Journal of Administrative Law Vol. 6 No. 2 (2025): Juni 2025 (In Progress)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v6i2.43016

The importance of synergy between administrative law and criminal law in overcoming corruption is that administrative law has a preventive and corrective role through internal supervision mechanisms and administrative sanctions, while criminal law is present repressively to prosecute violations that have fulfilled the elements of a crime with the criminal justice system. The increasing number of corruption cases in Indonesia shows that the weaknesses in the administrative system are opening up loopholes for corruption to occur. The lack of integration between the two legal systems causes ineffectiveness in early detection and law enforcement in Indonesia. This article recommends regulatory updates, strengthening coordination between institutions, and building an integrated information system as strategic steps towards more effective and equitable corruption eradication. This article analyzes the synergy of state administrative law and criminal law in overcoming corruption in Indonesia, evaluates the synergy practices that have been running, and offers a more effective and efficient legal collaboration model through efforts to synergize state administrative law and criminal law in overcoming corruption in Indonesia. With a juridical-normative approach and case studies, it is hoped that this study can contribute to strengthening the national legal system that is oriented towards the principles of clean and authoritative governance.

Analysis of Termination of Prosecution in Drug Abuse Cases Based on Restorative Justice Made Suarja Teja Buana, Anak Agung; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48208

Imprisonment of narcotics and dangerous drug users has proven ineffective. This is a common thread in law enforcement against narcotics users. The purpose of this study is to examine and analyze the implementation of the termination of prosecution for narcotics abuse cases based on restorative justice, examine and analyze weaknesses in the termination of prosecution for narcotics abuse cases based on restorative justice. This legal research uses an empirical juridical legal research approach. The implementation of the termination of prosecution for narcotics abuse cases in Indonesia is still based on Law No. 35 of 2009, specifically Article 127 paragraph (1), which positions users as criminal perpetrators, thus causing overcrowding in prisons and social stigma. To address this, the Attorney General's Office issued Attorney General's Guidelines No. 18 of 2021 which opened the opportunity for termination of prosecution with a rehabilitation mechanism, although previously Regulation No. 15 of 2020 excluded narcotics cases. Real implementation is evident in the Eros Prastiyo case at the Sidoarjo District Attorney's Office, which demonstrates the restorative justice process, from pre-prosecution and BNN assessment to rehabilitation. This approach emphasizes punishment as the ultimum remedium and positions users as victims in need of recovery. However, its implementation still faces substantive weaknesses, such as articles that emphasize imprisonment over rehabilitation. Furthermore, structural weaknesses are evident in inter-institutional coordination, limited rehabilitation facilities, and weak oversight. Weaknesses in the legal culture, such as societal stigma and a repressive paradigm by officials, remain dominant. Therefore, reforms in the substance, structure, and culture of the law are needed to create a more humane and just system.

Comparation of Sexual Violence Crimes Based on Law Number 12 of 2022 by Law Number 1 Of 2023" Melkianus Radja, Frengki; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48150

Sexual violence crimes constitute a violation of human rights that require comprehensive legal protection. In Indonesia, the regulation regarding sexual violence has undergone significant development with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the promulgation of Law Number 1 of 2023 on the Criminal Code (KUHP 2023). These two laws serve as the legal basis for addressing sexual violence, each having different approaches, scopes, and substantive provisions. This study aims to analyze and compare the regulation of sexual violence crimes between the TPKS Law and the 2023 Criminal Code, focusing on the elements of the offense, recognized forms of sexual violence, and towards approaches to victims. The research employs a normative juridical method with a statutory and conceptual approach. Data were collected through literature review and analyzed qualitatively. The results indicate that the TPKS Law functions as a lex specialis, providing broader protection and being more victim-centered, covering a wider variety of sexual violence forms. Meanwhile, the 2023 Criminal Code regulates sexual violence within a more limited scope but incorporates several provisions from the TPKS Law as part of national criminal law harmonization. Although there are some overlapping norms, both laws can complement each other if implemented properly. This study recommends the importance of synchronization and harmonization between the TPKS Law and the 2023 Criminal Code to optimize legal protection for sexual violence victims within Indonesia's criminal justice system.

The Role of Advocates in Providing Legal Assistance to Criminals Who Assist in Carrying Out Child Sexual Exploitation Anbiya Hidayatullah, Sakti; Winjaya Laksana, Andri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48213

This study aims to examine and analyze the role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children, obstacles and solutions. This study uses a sociological juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include field studies and literature studies, and the data analysis method is qualitative. The theories used in this study are the theory of the legal system, and the theory of authority. The role of advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children is in line with applicable laws and regulations, namely the Advocates Law, the Criminal Procedure Code, and other relevant legal regulations. Obstacles faced by advocates in providing legal assistance to perpetrators of crimes that help carry out sexual exploitation of children are difficulties in communication/negotiation with law enforcement officers, the legal system not running well, difficulties in communicating with children when the client is a child.

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