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JURIDICAL ANALYSIS OF THE APPLICATION OF CRIMINAL LAW AND THE SUBSTITUTION OF FINES WITH IMPRISONMENT IN NARCOTICS CASES (STUDY OF DECISION NUMBER 17/PID.SUS/2025/PN/PEMATANGSIANTAR) Johan Alfred Sarades Silalahi; David L. Manurung; Dwi Nurjanah; Hasty Nadia; Icha A. Napitu; Riz Maharani Tampubolon
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 11 (2025): OCTOBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i11.1244

Abstract

This study aims to analyze the application of criminal law provisions in Law Number 35 of 2009 concerning Narcotics and the relevance of substituting fines for imprisonment as stated in Decision Number 17/Pid.Sus/2025/PN Pematangsiantar. The problem studied is how the application of criminal law to narcotics crimes in the decision and the extent to which the substitution of fines for imprisonment is in accordance with the principles of justice and the objectives of punishment. The research method used is normative juridical with a statutory approach and case studies of court decisions. The results of the study indicate that the application of criminal law in the decision has been based on the provisions of the Narcotics Law, however, the implementation of substituting fines for imprisonment still raises debate regarding the effectiveness, proportionality, and justice of punishment. In conclusion, although the judge's decision has a clear legal basis, the substitution of fines for imprisonment needs to be reviewed so as not to reduce the essence of the objectives of punishment which are preventive, repressive, and rehabilitative in narcotics cases.
Legal and Criminological Analysis of the Crime of Abortion from the Perspective of Criminal Law in Indonesia Johan Alfred Sarades Silalahi; Novelina Mutiara S Hutapea; Jenriswandi Damanik; Senni Pionita Saragih; Desy Kartika C. Sitepu
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/bp55cz20

Abstract

Abortion or termination of pregnancy is a controversial issue that causes debate between the pros and cons in society, where abortion cases continue to increase every year and can occur in various circles, including teenagers who are involved in free sex, but in positive law in Indonesia, abortion in certain cases can be justified if it is an abortion provokatus medicinalis, while abortion that is generalized as a criminal act is known as abortion provokatus criminalis, so in this study three main problems were studied, namely the factors that encourage a woman to commit the crime of abortion, the application of criminal sanctions for the crime of abortion, and efforts to overcome it, using library research methods, and from the results of the analysis it was found that socio-economic factors such as financial inability, pregnancy due to rape, and pregnancy outside of marriage are the main drivers for women to have illegal abortions as a solution to unwanted pregnancies; the application of criminal sanctions against perpetrators of abortion can only be carried out if there is an element of error in the act which violates the provisions as regulated in Article 77A paragraph (1) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection, which states that anyone who intentionally carries out an abortion on a child who is still in the womb for reasons and procedures which are not permitted by statutory regulations as referred to in Article 45A, can be subject to a maximum prison sentence of ten years and a maximum fine of one billion rupiah; and efforts to overcome abortion can be carried out through pre-emptive, preventive, and repressive strategies, where pre-emptive efforts are carried out through routine counseling on abortion, socialization of reproductive health, and appeals to parents and the community to carry out strict supervision and provide positive activities to build the future of the younger generation, while preventive efforts are carried out through cooperation between law enforcement and health institutions such as the Doctors Association, Police Medicine, Forensic Laboratory, and the Ministry of Health to provide guidance to women who experience unwanted pregnancies so that they do not have illegal abortions, while repressive efforts are carried out through law enforcement by imposing penalties on perpetrators in accordance with applicable provisions