Muhammad Farhan Abdillah
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PSIKIATER DALAM RANAH HUKUM PERADILAN PIDANA Muhammad Farhan Abdillah; Iman Santoso
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i1.51572

Abstract

The science of criminal law provides a requirement to say that someone committing a crime must fulfill the elements of an act that legally violates the law or has a normative nature against the law, Forensic Psychiatry has a significant position in the field of criminal law as a factor of proof in criminal liability. Psychiatry ensures the size of a person's responsibility in violating criminal law. Often a person in every day seems reasonable in his mind, but in a psychiatric examination it is clear that he has mental problems that reduce his responsibility, but he finds a severe punishment. The purpose of this paper is to determine the role and position of psychiatrists in the criminal justice system. The research method in this paper uses literature research, by applying a qualitative approach this research can be made. Qualitative research is research that interprets a symptom such as a social phenomenon that focuses on the complete picture of a phenomenon to be studied. The results of the discussion show that the role of psychiatrists as legal agents of law enforcement officers and in the criminal justice system is positioned as an expert in every stage of examination in criminal procedural law, both in the investigation stage, additional examination on prosecution and expert testimony on evidence at trial.
EFEKTIFITAS PELAKSANAAN PIDANA MATI BANDAR NARKOBA Muhammad Farhan Abdillah; Mitro Subroto
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51641

Abstract

The death penalty was among the most serious forms of crime in Indonesia. Not only in Indonesia, other countries far from Indonesia are also still debating the imposition of the death penalty. Drugs are dangerous substances that can damage the younger generation. Narcotics have become part of the perpetrators of drug dealers or dealers who are sentenced to death. The death penalty is considered as just since it can serve as a deterrence and can share horrors with someone who wants to commit a crime. On the other hand, the death penalty is a punishment that should not be applied because it deprives a person of the right to life. In dealing with this case, the author uses a qualitative approach. Qualitative research is understanding (understanding) social symptoms or phenomena by paying more attention to the complete picture of the phenomenon under study rather than breaking it down into related variables. According to the study's findings, the death sentence for drug-related offences should be abolished is still a criminal law enforced in Indonesia, as evidenced by the perpetrators of drug dealers and dealers of death penalty