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All Journal Jurnal Hukum Positum Jurnal Litigasi Amsir
Prasisto, Johamran
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN OBAT TANPA IZIN EDAR : (Studi Putusan Nomor 1/Pid.Sus/2023/Pn.Pre) Astuti, Tri; Purwanda, Sunardi; Prasisto, Johamran; Prayudi, Prayudi
Jurnal Hukum Positum Vol. 9 No. 1 (2024): Jurnal Hukum Positum
Publisher : Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Singaperbangsa Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35706/positum.v9i1.11132

Abstract

This research aims to find out the legal arrangements related to the unlicensed drug trade, which is reviewed from Law Number 36 of 2009 concerning Health or called the Health Law. In addition, this research also finds out about law enforcement related to the criminal act of unlicensed drug distribution in case verdict Nomor: 1/Pid.Sus/2023/Pn.Pre. The type of research used is normative research combined with empirical research. This research uses a statutory approach related to legal norms or substance, legal principles, legal theories, legal arguments combined with research that directly observes events that occur in the field. The results showed that legal arrangements related to the unlicensed drug trade are regulated in Articles 196, 197 and 198 of the Health Law. The form of law enforcement carried out regarding the distribution of unlicensed drugs in the case of the decision is repressive, which finds the application of sanctions for violators. These sanctions also provide a deterrent effect so that similar violations do not occur again in the future and ensure that justice is upheld.
Menakar Keadilan Sanksi Penjara dalam Perkara Pembunuhan Secara Bersama-Sama Menurut Pasal 338 Jo Pasal 55 KUHP Tajuddin, Ardyanto; Prasisto, Johamran; Mardaya, Andi; Dealova, Amanda; Khaerunnisa, Mila; Hatima, Husnul
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the application of criminal law to the offense of joint murder, using the District Court of Parepare Decision Number 111/Pid.B/2020/PN.Pre as a case study. It explores how the panel of judges constructs their legal reasoning by connecting the facts established at trial, including witness testimonies, forensic evidence, and material exhibits, with the relevant provisions of the Indonesian Criminal Code, particularly Article 338 in conjunction with Article 55 paragraph (1) sub-paragraph 1. The research employs a normative legal method with a statute approach and case approach, relying on primary legislation (the Criminal Code and the Code of Criminal Procedure), court decisions, and scholarly literature on offenses against life and doctrines of criminal liability as its main sources of legal material.
Co-Authors Dealova, Amanda Hatima, Husnul Khaerunnisa, Mila Mardaya, Andi Prayudi Prayudi Sunardi Purwanda Tajuddin, Ardyanto Tri Astuti