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All Journal Jurnal Akta JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) DOKTRINA: JOURNAL OF LAW Legalitas: Jurnal Hukum Jurnal Darma Agung Randwick International of Social Science Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences jurnal hukum das sollen International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Fundamental : Jurnal Ilmiah Hukum Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Bulletin of Community Engagement Rechtsnormen ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Kanun: Jurnal Ilmu Hukum Fundamental : Jurnal Ilmiah Hukum Journal Recht
Sahari, Alpi
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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Journal : International Journal Reglement

 1 
Legal Protection of Children as Witnesses in Criminal Cases (Study at the Belawan District Attorney) Yenni Maya Sari; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.281

Abstract

The role of witnesses in every trial of criminal cases is very important because witness statements can influence and determine the tendency of judges' decisions. This study aims to analyze the position of children as witnesses in proving criminal cases, analyze the process of examining children as witnesses in the juvenile criminal justice system and analyze the legal protection of children as witnesses in criminal cases. This research method uses normative research with data types consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study are legal protection for children as witnesses in criminal cases as stated in Law Number 35 of 2014 concerning Child Protection, Law Number 31 of 2014 concerning Protection of Witnesses and Victims and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The role of the prosecutor in presenting witnesses is related to the case to be examined in court. The main task of the Prosecutor's Office in the criminal justice system in Indonesia is prosecution, and vice versa, prosecution is the authority of the Prosecutor's Office. The authority to prosecute is the embodiment of the Dominus Litis Principle. However, the obstacles encountered in presenting children as witnesses are in establishing communication with children as witnesses in criminal cases
Criminal Sanctions Against the Crime of Misuse of Methamphetamine Types of Narcotics for Yourself (Case Study of Supreme Court Decision Number 1986 K/Pid.sus/2020) Chandra Priono Naibaho; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.282

Abstract

In the Supreme Court's decision No. 1986 K/Pid.sus/2020 that the Defendant had frequently used methamphetamine and the Defendant had last used methamphetamine on Wednesday, August 14, 2019 at around 09.00 am at the Witness Herman Alias' parents house. Bolong in Enrekeng, Enrekeng Village, Ganra District, Soppeng Regency. This study aims to analyze the legal regulation of criminal sanctions against the crime of abuse of methamphetamine type of narcotics for oneself, the concept of two-way punishment for the misuse of methamphetamine types of narcotics for oneself and criminal sanctions for the misuse of methamphetamine for oneself based on the Supreme Court Decision Number 1986 K. /Pid.sus/2020. This research method uses normative research with data types consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of this study, the abuse of shabu for oneself in the Supreme Court's decision Number 1986 K/Pid.sus/2020 the defendant was only given a prison sentence, there should be rehabilitation measures for the defendant. The prison sentence imposed by the judex juris is classified as light, the judex juris imposes a sentence on the defendant with a prison sentence of 1 (one) year and 6 (six) months, while at the first level and the appeal level in the aquo case, the defendant is sentenced to imprisonment for 3 (three) year. Article 27 paragraph (1) letter a explains that every narcotics abuser of class 1 shall be sentenced to a maximum imprisonment of 4 (four) years
Legal Protection for Children as Victims of Narcotics Abuse (Research Study at the Belawan District Attorney's Office) Endang Pakpahan; Alpi Sahari; Ahmad Fauzi
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.283

Abstract

Children as drug abusers, are just victims. So it is not appropriate for the state to give punishment by looking at the same between child abusers and real adult criminals (dealers). As victims, children as narcotics abusers must get protection. Based on the results of an interview with Bastian Sihombing as the Head of the Pre-Prosecution at the Belawan State Prosecutor's Office, from 2019 to 2022 around 41 cases were resolved by diversion. This study aims to analyze the criteria for the age of children facing the law in narcotics crime, the factors that cause children to become victims of narcotics abuse and legal protection for children as victims of narcotics abuse at the Belawan District Attorney's Office. This research method uses empirical research with primary data types, by conducting interviews at the Belawan District Attorney. Based on the results of the study, the Belawan District Attorney's Office carried out rehabilitation measures as an effort to protect children from narcotics abuse victims in the juvenile criminal justice system, which must be pursued, with agreed terms and conditions set forth in conclusions and diversion agreements, or if rehabilitation must be carried out. the child will be immediately asked for an assessment by the integrated assessment team
Juridical Analysis of Legal Sanctions for Criminal Acts of Corruption Conducted Together (Study of Supreme Court Decision Number 1054 K/Pid.Sus/2019) Asor Olodaiv Siagian; Alpi Sahari; Ida Nadirah
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.284

Abstract

Cases of criminal acts of corruption were carried out jointly based on the study of the Supreme Court's decision Number 1054 K/Pid.Sus/2019. The Defendant Luanna Wiriawaty as Director of PT Djaya Bima Agung who was appointed as the winner of the auction for the Procurement of KB II Batang Three-Year implants Plus Inserter T.A 2014 at the Directorate of Family Planning Health Development through the Government Line at the Deputy for Family Planning and Reproductive Health BKKBN, together with witness Yenny Wiriawaty as President Director of PT Triyasa Nagamas Farma as well as shareholder of PT Djaya Bima Agung and witness Karnasih Tjiptaning, S. Kom., MPH as Commitment Making Officer (each is subject to separate prosecution). This study aims to examine the regulation of criminal acts of corruption that are carried out together based on the applicable legal provisions in Indonesia. To examine the mechanism of reverse evidence in the crime of corruption and to analyze juridically the legal sanctions for the crime of corruption carried out together with the decision of the Supreme Court Number 1054 K/Pid.Sus/2019. This research method uses normative research with data types consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study the Supreme Court has mistakenly applied article 2 paragraph (1) to the defendant in the aquo case, in the author's opinion the difference between article 2 and article 3 of Law 31 of 1999 concerning the Crime of Corruption, namely in Article 3, the perpetrator can be charged if has the authority, while in Article 2, everyone referred to in the article is broader and more general. Furthermore, judex juris was wrong by not applying Article 64 of the Criminal Code
Rehabilitation Measures for Suspected Narcotics Addicts at the Police Investigation Stage (Study at the North Sumatra Police Drug Investigation Directorate) Wenny Moechtar; Tengku Erwinsyahbana; Alpi Sahari
International Journal Reglement & Society (IJRS) Vol 3, No 3 (2022): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i3.280

Abstract

The arrest of narcotics addicts to become suspects and so they can be rehabilitated, through several processes that are not easy. Therefore, some people must know about the process of handling it. This study aims to analyze the legal arrangements for rehabilitation actions for suspected narcotics addicts at the investigation stage in the police, the case investigation system in Narcotics Crimes at the North Sumatra Police Narcotics Investigation Directorate and the implementation of rehabilitation for suspected narcotic addicts at the examination stage at the Sumatra Regional Police Narcotics Investigation Directorate. North. This research method uses empirical research with primary data types, by conducting interviews at the Directorate of Drug Investigation of the Regional Police of North Sumatra. Based on the results of the study that the rehabilitation measures for suspected narcotics addicts were at the investigation stage in 2019 nil, 2020 nil, while in 2021 as many as 89 suspects and in 2022 as many as 4 suspects were carried out rehabilitation actions at the investigation stage at the North Sumatra Police Narcotics Directorate, as for the factors The obstacle in implementing rehabilitation measures for suspected narcotics addicts is related to the financing that must be issued by the suspect and the lack of availability of rehabilitation centers that can accept suspected narcotics addicts due to the large number of narcotics addicts
Co-Authors AFFIRMANSYAH AGUSTA RIDHA MININ Agustian Sinurat Ahmad Fauzi Aisyah Aisyah Akalafikta Jaya Aldo Fahrezi Raja Muda Lubis Ario Putranto Aris Wibowo Arke Furman Ambat Asor Olodaiv Siagian Bagas Dwi Akbar Benyamin Sirait Boy Siregar Cardio S. Butar-Butar Chandra Priono Naibaho Daniel Octavianus Sinaga Daniel Oktavianus Sinaga Darman Lumban Raja Deddy Z Harahap Dimas Adit Sutono Doddy Hermawan Doni Irawan Harahap Edy Jhon Manalu Elon Unedo Pinondang Endang Pakpahan Erwin Wijaya Siahaan Fauzi, Ahmad Feri Efendi Foni Mega Wahyuni Ghofur Hidayat Gunawan Marthin Panjaitan Hadi Nur Hanifah, lda Hendro Wibowo Heri Edrino Sihombing Herzoni Saragih Horas Monang Jeffry Andi Gultom Hotdiatur Apri Wandi Purba Ida Nadirah Jarot Yusviq Andito Jayawarsa, A.A. Ketut Jorico Lavianchandra Junaidi Pardede Koto, Ismail M. Rikki Ramadhan Masfan Masfan Miroharjo, Didik Muhammad Agustiawan MUHAMMAD ARIFIN Muhammad Ikhwan Mukhtar I Kadoli Munawar Sadzali Mustafa Nasution Nadhya Puti Lenggo Geni Nadirah, Ida Nanci Yosepin Simbolon Napitupulu, Raffles Devit Marianto Onny Medaline Onny, Medaline P. A. JUANDA PANJAITAN Pinakri, Rapi Purwoko, Agus Raja Lubis, Mhd Riduan Riduan Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rizkan Zulyadi Selvin Triansih Septian Dwi Rianto Septian, Muhardani Budi Silaban, Erwin Ade Putra Simon Elika Simatupang Sinaga, Daniel Oktavianus Sirait, Benyamin Sitti Thrde Halawa Subrata, Bondan Suriadi Surya Perdana Surya Perdana Sutardjo, Romadhoni Syam, Ismail T Erwin Syahbana T Erwinsyahbana Tamami Dirga Jeis Tito Alhafezt Togi P. O Triono Eddy Triyadi Triyadi, Triyadi Wahyu Sukma Wenny Moechtar Yemi Mandagi Yenni Maya Sari Yogi Nugraha Setiawan Yohana Yohana Yohana, Yohana Yusuf Hondawantri Naibaho Zefri Pandapotan Simamora Zefri Pandapotan Simamora