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Criminal Cases are regulated in the Criminal Code, which is linked to the Principle of Legality in Criminal Law. Sari , Nia Ayu Mayang
IBLAM LAW REVIEW Vol. 6 No. 1 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v6i1.659

Abstract

This study analyzes that criminal law in Indonesia is fundamentally governed by the Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP) as the primary legal framework that defines criminal acts and determines the sanctions that may be imposed by the state. The central principle within this criminal law system is the Principle of Legality, as stipulated in Article 1 paragraph (1) of the KUHP, which affirms that no act may be subject to criminal punishment without a prior statutory basis. This study aims to examine the regulation of criminal cases under the KUHP and to analyze the implementation of the Principle of Legality in the practice of criminal law enforcement in Indonesia. The research employs a normative legal method using statutory, conceptual, and doctrinal approaches to examine relevant legal norms and principles. The Principle of Legality plays an important role in ensuring legal certainty, protecting human rights, and preventing arbitrary actions by law enforcement authorities. However, its implementation faces challenges, particularly in responding to the development of new forms of crime that are not explicitly regulated in the KUHP. Therefore, this study emphasizes the importance of continuous and adaptive criminal law reform while maintaining consistency with the Principle of Legality in order to achieve a fair criminal justice system.
Analisis hukum terhadap dasar pertimbangan hakim dalam menjatuhkan putusan perkara tindak pidana narkotika (Studi kasus Putusan Pengadilan Negeri Karawang Nomor 325/Pid.Sus/2022/PN Kwg) Nursanda, Adinda Rizki; Sari , Nia Ayu Mayang
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.41

Abstract

Drug abuse is a complex problem involving social, health, and legal dimensions that poses serious challenges to individuals and society. This study aims to analyze the legal considerations of judges in deciding narcotics cases in the Decision of the Karawang District Court Number 325/Pid.Sus/2022/PN Kwg and to examine the preventive and protective measures implemented to address drug abuse in Karawang Regency. This research employs a normative juridical method with statutory and case approaches, analyzed descriptively. The results show that the defendant, Jemi Permadi alias Jemi bin Hasim, was legally and convincingly proven guilty of acting as an intermediary in the illegal sale and purchase of Class I narcotics (methamphetamine) as stipulated in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Based on the facts revealed during the trial, the panel of judges concluded that all elements of the criminal offense had been fulfilled and that no justifying or excusing circumstances were found. Therefore, the defendant was sentenced to seven years of imprisonment and fined IDR 1,000,000,000, with a subsidiary penalty of six months imprisonment if the fine is not paid. In addition to law enforcement efforts, the Karawang Regency Government has demonstrated a strong commitment to preventing and combating drug abuse through preventive, repressive, and rehabilitative measures. This commitment is reflected in the cooperation with the Karawang Regency National Narcotics Agency (BNNK) and the implementation of Regional Regulation Number 9 of 2019, which emphasizes the importance of medical and social rehabilitation for drug addicts. These initiatives align with the principles of Law Number 35 of 2009, which recognizes drug addicts as individuals who require rehabilitation to support their recovery and social reintegration.