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All Journal Jurnal Multidisiplin Indonesia LAWPASS Proceedings of The International Conference on Multidisciplinary Science
Azhali Siregar, Mhd.
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Veterinary

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Proof of Participation in the Crime of Theft Br. Sitepu, Asmita; Azhali Siregar, Mhd.
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 2 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

This study examines and reviews participation (deelneming) which includes the form of participation/involvement of a person, both psychologically and physically, by committing an act so that a criminal act occurs. The crime of participation is regulated in Article 55 of the Criminal Code, which means that there are two or more people who commit a criminal act. This study is a type of normative research using secondary legal sources and using qualitative descriptive analysis. The results of this study are that the forms of participation crimes can be divided into two parts, namely: first, the perpetrator consisting of: the perpetrator (pleger), the one who orders it (doenpleger), the one who participates (madepleger) and the advocate (uitlokker); second, the assistant consisting of: the assistant at the time the crime was committed and the assistant before the crime was committed.
Criminal Sanctions Against Narcotics Traffickers Prima, Berry; Azhali Siregar, Mhd.
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 2 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

Drug-related crimes have increasingly become a pressing issue in recent times. Law No. 35 of 2009 on Narcotics lacks specific definitions for categories such as users, sellers, distributors, and dealers, focusing instead on the types and quantities of narcotics. This ambiguity often leads to confusion when determining ownership of illicit substances, as roles among users, owners, and dealers sometimes overlap, particularly when large quantities are involved. In the case of Decision Number: 327/Pid.Sus/2023/PN.Mdn, the imposition of the death penalty on a suspect identified as a drug dealer aligns with Article 114, paragraph (2) of the Narcotics Law. This study employs normative legal research, utilizing statutory and philosophical approaches to explore the application of criminal sanctions for narcotics dealers. The findings reveal that the death penalty is the most severe punishment prescribed for drug dealers, as regulated in Article 114, paragraph (2). In narcotics-related offenses, investigators use evidence as outlined in Article 184 of the Criminal Procedure Code, which includes witness testimonies, expert opinions, documentary evidence, indications, and defendant statements. Article 114, paragraph (2) and Article 119, paragraph (2) of the Narcotics Law specify that individuals involved in offering, selling, buying, brokering, exchanging, transferring, or receiving narcotics in defined quantities and types qualify as dealers and are subject to the death penalty.
Problems of Law Enforcement Against Drug Users Tiur Melia, Roslina; Azhali Siregar, Mhd.
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 2 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The distribution and abuse of narcotics is one of the national problems that is considered serious by the government, because it can damage the nation's morals. Perpetrators of narcotics crimes often receive sentences based on court decisions that do not fulfill a sense of justice and legal certainty. In narcotics cases, there are several articles that are often used to ensnare perpetrators, namely Article 114, Article 112, and Article 127 of Law Number 35 of 2009 concerning Narcotics. Of the three articles, there are two articles that are open to multiple interpretations and unclear formulations, namely Article 112 and Article 127 of Law Number 35 of 2009 concerning Narcotics. The multi-interpretable articles will result in perpetrators of narcotics crimes (dealers) taking cover as if they were victims of narcotics crimes. That this will have an impact on the imposition of sentences with short sentences, thus causing injustice in the implementation process. This research is of a normative legal nature, namely a method that describes or explains a fact systematically, then the analysis is carried out legally by linking the data and facts obtained by analyzing court decisions relating to criminal sanctions against perpetrators of narcotics crimes and linked to applicable laws and regulations. The results of this study are that in this study, however, in the field of narcotics law enforcement, this seems to be much more difficult. Prioritizing criminal penalties seems to be very inherent in our law enforcement. Extraordinary encouragement is needed both at the local, national and international levels. So in relation to the case in this study, the Medan District Court Judge decided the defendant was legally and convincingly guilty in accordance with the provisions of Article 112 paragraph (1) of Law No. 35 of 2009 concerning Narcotics by sentencing the defendant Veri Suriana alias Veri to a prison sentence of 6 (six) years and a fine of Rp. 1,000,000,000, - (one billion rupiah) with the provision that if the fine is not paid, it must be replaced with a prison sentence of 6 (six) months.
Problems of Law Enforcement Against Drug Users (Decision Study Number: 214/Pid.Sus/2024/PN.Mdn) Tiur Melia, Roslina; Azhali Siregar, Mhd.
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.59

Abstract

The distribution and abuse of narcotics are serious national issues that the government considers a threat to the nation’s moral integrity. Perpetrators of narcotics crimes often receive sentences from the courts that do not align with justice or legal certainty. In narcotics cases, key articles such as Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics are commonly used. However, Articles 112 and 127 are often criticized for their vague formulations, leading to multiple interpretations. These ambiguities allow drug dealers to disguise themselves as victims, which may result in lighter sentences and contribute to legal injustice. This research adopts a normative legal approach, systematically analyzing court decisions and applicable laws to understand the criminal sanctions imposed on narcotics offenders. The study found that law enforcement in narcotics cases faces significant challenges, with a strong reliance on criminal penalties. The study further highlights the need for enhanced efforts at local, national, and international levels to combat narcotics-related crimes. In the specific case studied, the Medan District Court sentenced the defendant, Veri Suriana, to six years in prison and a fine of one billion rupiah. Failure to pay the fine would result in an additional six-month prison sentence.
Disparity and Policy in Drug Crime Cases Under Articles 112 and 127 of Law No. 35 of 2009 on Narcotics (A Study of Case Decision No. 2453 K/Pid.Sus/2025) Fadli Siregar, Ryan; Azhali Siregar, Mhd.; Ramadani , Suci
Jurnal Multidisiplin Indonesia Vol. 4 No. 1 (2026): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v4i1.2620

Abstract

Narcotics crimes are extraordinary crimes that have a wide impact on society. The handling of this case involves various parties, including judges who have an important role in making fair decisions. However, in practice, there is often a disparity in judges' decisions, especially in the application of Article 112 and Article 127 of Law Number 35 of 2009 concerning Narcotics. Article 112 tends to be applied to perpetrators who are actually only abusers, thus causing injustice because the threat of punishment is much heavier than Article 127 which provides space for rehabilitation. This study examines the criminal disparity in the case of a.n Musa Siagian which shows significant differences between first-instance decisions, appeals, and cassation, including changes in the legal basis from Article 112 to Article 127 at the cassation level. The method used is a descriptive qualitative approach with an analysis of court decisions and relevant legal norms. The results of the study show that there are two tendencies in the judge's mindset: positivistic and non-positivistic. The judge of first instance and the appeal was considered not to consider the humanitarian aspect and the penal guidelines in SEMA Number 3 of 2015 Jo. SEMA Number 4 of 2010. On the contrary, the Supreme Court in its cassation decision emphasized more sociolegal approaches and substantive justice. This disparity is an important concern in the reform of the narcotics criminal justice system in Indonesia so that law enforcement is more proportionate and humane, especially for narcotics abusers.
Co-Authors Br. Sitepu, Asmita Fadli Siregar, Ryan Prima, Berry Ramadani , Suci Tiur Melia, Roslina