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All Journal Kosmik Hukum
Muhammad Rusli Arafat
Faculty of Law, Universitas Singaperbangsa Karawang

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Disparitas Pemidanaan Terhadap Pelaku Permufakatan Jahat Melakukan Tindak Pidana Narkotika dalam Prespektif Tujuan Hukum Muhammad Rusli Arafat; Sigid Suseno; Widiati Wulandari
Kosmik Hukum Vol. 23 No. 2 (2023)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v23i2.18361

Abstract

Law enforcement against narcotics trafficking is certainly a significant element in efforts to eradicate narcotics crimes. So it is interesting to observe the extent to which the perpetrators who cooperated in committing criminal acts of buying and selling narcotics were arrested, prosecuted and tried. This study aims to answer the problem of accountability of each perpetrator who cooperates in committing a criminal act of buying and selling narcotics and regarding the occurrence of criminal disparities in the case of cooperating to commit narcotics crimes by analyzing the legal considerations of the panel of judges, as well as answering the problem of criminal disparities in cases of cooperating to commit narcotics crimes based on the perspective of legal objectives. This research uses normative legal research methods. The results showed that, in the case of criminal acts of buying and selling narcotics with the inclusion of responsibility of the perpetrators, it must be proven whether as a pleger  (the main perpetrator), or  a medepleger (a person who participates). Because if it is not proven in the trial, it will have an impact on the unaccountability of the perpetrator. So the situation does not reflect justice and legal certainty. the concrete form of criminal liability is the imposition of punishment by the Panel of Judges in the form of imprisonment and fines, defendants who commit the same crime or the level of seriousness that can be equalized, are still sentenced to varying or different crimes. So that disparity in conviction becomes a phenomenon of injustice if the judge does not clearly provide a strong reason for distinguishing the sentence for the defendant in the case of cooperating in the criminal act of buying and selling narcotics.Keywords: Disparity, Conviction, Narcotics, Inclusion
Compulsory Education as a Fulfilment of Children’s Right to Education Based on the Principles of Non-Discrimination and the Best Interests of the Child Candra Hayatul Iman; Rani Apriani; Devi Siti Hamzah Marpaung; Muhammad Rusli Arafat
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25883

Abstract

Education is essential for human development, enabling individuals to cultivate their potential through formal learning processes and other socially recognized means. It serves as a transformative tool that shapes human character and broadens knowledge. This study aims to analyze the implementation of policies related to the fulfillment of children's right to education within the compulsory education program in Dongkal Village, Pedes District, Karawang Regency. The research employs a normative juridical approach, examining the application of legal provisions in practice and their role in addressing legal issues within society. A qualitative research method with a prescriptive analysis approach is utilized to critically evaluate the effectiveness of these policies. This study not only assesses the fulfillment of children's educational rights but also contributes to a broader discourse on sustainable development by integrating legal and socio-economic perspectives. The findings of this research provide valuable insights into the effectiveness of compulsory education policies and their implementation at the local level. Furthermore, this study offers recommendations for policymakers to enhance the legal framework governing compulsory education, ensuring equitable access to quality education for all children. By addressing gaps in policy enforcement and aligning educational initiatives with human rights principles, this research contributes to the development of more inclusive and sustainable education policies in Indonesia.