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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Muhammad Irham
Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika Soeleman Djaiz Baranyanan; Muhammad Irham; Iqbal Taufik; Hendrik Salmon; Sherlock Halmes Lekipiouw
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5977

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of itsauthority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of2014 uses a residual system when determining what is the authority of local governments. With the residualsystem, the central authorities have been clearly defined in advance, while the rest are autonomous regions.Therefore, authority in the health sector has become an autonomous regional government authority, becausethat authority is not determined as the authority of the central government. On the one hand this benefits thelocal government, because by using its authority, the regional government can regulate the health sectoraccording to its aspirations and capabilities. This research was approached in terms of legal science, bothat the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach orlibrary law, namely legal research conducted by examining library materials or secondary data.Normative legal research or literature includes research on semantic law, research on the degree of vertical andhorizontal synchronization, comparison of law and history of law. Research on legal principles is carriedout by interpreting the legal norms formulated in laws and regulations relating to local government inIndonesia. Based on this research study, it can be concluded that in terms of law and policy as well as thescope of authority of regional governments that support regional autonomy in the health sector, it is still unclearand inconsistent in the description of the functions and authority of regional governments in the health sector
Reformulation of the Mechanism for Imposing Criminal Sentences for Narcotics Crimes in Indonesia Iqbal Taufik; Muhammad Irham; Nasarudin Tianotak; Andres Deny Bakarbassy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6572

Abstract

Equality before the law, in its implementation, does not only refer to the actions of the state toward its citizens, but also to actions that aim to ensure legal certainty based on justice. Equality in legal protection and law enforcement for victims of narcotics crimes has not yet been reflected in any tangible form of implementation. Fair sentencing in narcotics-related crimes has become more of a slogan for the public rather than a reality for individuals who are subjected to the death penalty for narcotics abuse. Through normative legal research, it was found that the presence of Ad Hoc judges as assessors and final decision-makers on the recommendations of the integrated assessment team for rehabilitation reflects justice based on the principle of equality before the law in handling victims of narcotics crime.
Co-Authors Andres Deny Bakarbassy Hendrik Salmon Iqbal Taufik Nasarudin Tianotak Sherlock Halmes Lekipiouw soeleman djaiz baranyanan