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All Journal JUSTISI Journal of Law, Poliitic and Humanities
Erika Magdalena Chandra
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Execution of Burning of Seized Narcotics Goods in Open Space on Environmental Health from a Rights Perspective Gazhy Diemas Prahadi; Erika Magdalena Chandra; Ajie Ramdan
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1353

Abstract

In the verdict of a narcotics case, the destruction of confiscated narcotics is usually one of the rulings that must be implemented. In Indonesia, the method of destroying confiscated narcotics goods that is commonly used in the execution of decisions in the form of destroying confiscated narcotics goods is by using the open burning method. However, this method of burning confiscated goods is considered to potentially violate human rights because it affects the environment and public health. This research aims to find out how human rights views on the open burning of confiscated narcotics and to determine the destruction procedure that is in accordance with human rights standards in Indonesia. The research method used in this research is socio-legal by using descriptive analytical research specifications. The research stages were carried out with secondary data library research and field research in the form of interviews with the National Narcotics Agency. Based on the results of the research, it can be concluded that the method of burning confiscated narcotics in open spaces can violate human rights. This is because the smoke from the combustion still contains high levels of dangerous narcotic substances, thus violating the right to a clean, healthy and sustainable environment. Furthermore, regarding the method of destroying confiscated narcotics that is safe for the environment and the surrounding community, namely using an incinerator. This is because incinerators do not produce smoke from combustion, so they do not pollute the environment and are not harmful to the surrounding community
Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh Wiwin Widiarti; Erika Magdalena Chandra; Rully Herdita Ramadhani
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3670

Abstract

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.
Co-Authors Ajie Ramdan Gazhy Diemas Prahadi Rully Herdita Ramadhani Wiwin Widiarti