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INDONESIA
International Journal Of Synergi In Law, Criminal And Justice
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
Search results for , issue "Vol. 1 No. 2 (2024): SLP-IJSLCJ" : 33 Documents clear
LEGAL ANALYSIS OF LEGAL TREATMENT OF DETAINEES WHO HAVE VIOLATED PUBLIC ORDER (CASE STUDY: MEDAN IMMIGRANT PRISON) Febri Hariono Nababan; Abdul Razak Nasution; T Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.41

Abstract

This research aims to find out: 1) the differences between Deteni and Rudenim and 2) how Implementation detainees are treated who violate public order. The type of approach used is qualitative research. This means research that describes, explains, analyzes and develops the legal construction of state sovereignty from an immigration perspective. The results of the research discussion are: 1) Detainees based on Law Number 6 of 2011 concerning Immigration Article 1 paragraph 35 are foreign residents of Immigration Detention Centers who have received a detention decision from Immigration officials. Foreigners in this case are people who are not Indonesian citizens. Meanwhile, the Immigration Detention Center is a Technical Implementation Unit that carries out immigration functions as a temporary shelter for foreigners who are subject to Immigration Administrative Action. 2) Legal treatment for detainees who violate public order will depend greatly on the type of violation committed, its severity, and the regulations in force at the immigration detention center.
RELATIONSHIP OF INVESTIGATION AUTHORITY IN DRUG CRIMES AFTER THE RULING OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE Berton Lumban Tobing; Henry Aspan; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.42

Abstract

Handling drug crimes in Indonesia faces significant challenges related to the differences in authority between the National Narcotics Agency (BNN) and the Indonesian National Police (Polri). Differences in arrest times and dualism in investigative authority have legal consequences that affect the human rights of suspects and the effectiveness of law enforcement. The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) brings major changes in the regulation of special crimes, including narcotics, which raises issues related to the principle of lex specialis. This study aims to identify and analyze changes in investigative authority, the legal implications that arise, and how to improve coordination between law enforcement agencies. Normative legal research methods are used to analyze relevant laws and court decisions. The results of the study indicate that the elimination of Article 111 of Law Number 35 of 2009 and its replacement with new provisions in Law Number 1 of 2023 requires adaptation from law enforcers. In addition, the implementation of rehabilitation as an alternative to punishment marks a shift towards a more restorative justice system.
DECENTRALIZATION OF POLICY AND HANDLING OF DRUG ABUSE IN LABUHANBATU DISTRICT Henky Dalimunte; Henry Aspan; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.43

Abstract

Drug abuse is a serious problem in Indonesia, including in Labuhanbatu Regency, which has experienced a significant increase in drug abuse cases. Policy decentralization gives local governments the authority to address this issue according to local conditions, but often faces challenges such as limited resources, poor coordination, and limited institutional capacity. This study uses a qualitative approach with legislative and case study methods, is descriptive-analytical, and focuses on the analysis of legislation and policy implementation at the local level. Data were obtained from policy documents, official reports, and through documentation and observation techniques of legal products. The analysis was carried out using thematic analysis methods, categorizing the main themes from the results of documentation and observation to answer the formulation of the problem and achieve the objectives of the study. The results of the study indicate that the implementation of policy decentralization in Labuhanbatu Regency requires strengthening through the formation of comprehensive Regional Regulations (Perda), which include the preparation of an annual Regional Action Plan (RAD), the formation of an integrated cross-sector team, strengthening rehabilitation services, utilizing technology, and community participation in drug prevention and handling efforts. With a measured, structured, and participatory approach, it is hoped that the decentralization policy can be implemented effectively to optimize the handling of drug abuse in Labuhanbatu Regency.
BALANCE BETWEEN LAW ENFORCEMENT AND SOCIAL PROTECTION IN DRUG ABUSE CRIMES (STUDY AT LABUHANBATU RESORT POLICE) Delima Nasution; Henry Aspan; T Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.45

Abstract

Narcotics crime is a serious issue with widespread impacts on society. In Indonesia, despite the existence of Law No. 35 of 2009 on Narcotics, law enforcement against drug abusers and addicts still faces various challenges, including the imbalance between imprisonment and rehabilitation. The majority of narcotics cases result in imprisonment, even though the law mandates rehabilitation, indicating a disparity in legal application. This study employs a normative legal approach to analyze the law enforcement mechanisms in Labuhanbatu Regency, focusing on the balance between law enforcement and legal protection for drug abusers. The study's findings indicate that despite comprehensive law enforcement efforts, including legal actions, medical and social rehabilitation, and strict supervision of the investigative process, imprisonment remains dominant in practice. This balance is achieved through the integration of deterrence theory, Community Policing, and human rights, emphasizing the importance of rehabilitation and social reintegration for drug abusers. In conclusion, to achieve fair and proportional legal protection, there is a need for reform in legal application, with a greater focus on rehabilitation over imprisonment, as well as the enhancement of the integrity and professionalism of law enforcement officers.
LEGAL IMPLICATIONS OF DRUG USE IN TRADITIONAL MEDICINE BASED ON A HEALTH LAW PERSPECTIVE Mariduk Lumban Tobing; Muhammad Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.46

Abstract

The use of kratom and cannabis in traditional medicine has long been practiced, but it has now become the subject of debate due to the risk of misuse. Several countries, such as Thailand, have legalized cannabis for medical purposes, considering economic stability and public health. However, this legalization faces challenges, particularly concerning the increase in narcotics abuse. Therefore, it is essential to conduct a comprehensive evaluation of legalization policies, balancing the medical benefits and the risks of misuse, with strict regulation and effective oversight. In Indonesia, the legalization of cannabis remains a sensitive issue, strictly governed by Law No. 35 of 2009. Based on data on narcotics seizures, including cannabis and Methamphetamine, rational criminal policies are crucial to controlling drug circulation and ensuring that legalization, if implemented, supports both public health and economic welfare.
LEGAL POLITICS OF REVOKING THE EXTRAORDINARY CRIME STATUS OF CORRUPTION CRIMINAL ACT THROUGH THE NEW KUHP AND ITS IMPLICATIONS FOR THE INDONESIAN CRIMINAL JUSTICE SYSTEM Amlan, Amlan; T Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.47

Abstract

After independence, the Indonesian Criminal Code (KUHP) was implemented nationwide through Law No. 73 of 1958, ending legal dualism in Indonesia. In 1971, anti-corruption efforts were formalized through Law No. 3 of 1971, later updated by Law No. 31 of 1999 and Law no. 20 of 2001. These changes introduced the principle of reverse burden of evidence and severe sanctions for corruption offenders. Subsequent Constitutional Court decisions reinforced the legality of corruption cases by restricting criminal acts to explicitly defined legal actions. However, the removal of the extraordinary crime status for corruption under Law No. 1 of 2023 raises concerns over the reduced deterrent effect and the weakening of the KPK's authority. Comprehensive reform is needed to ensure anti-corruption enforcement remains grounded in Pancasila and the Constitution.
LEGAL PROBLEMS OF ABORTION CRIMINAL ACT IN LAW NUMBER 1 OF 2023 REVIEWED FROM THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) Eva Serevina Sinaga; T Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.48

Abstract

This study compares Indonesia's abortion regulation under Law No. 1 of 2023 with principles outlined in the International Covenant on Civil and Political Rights (ICCPR). Indonesia criminalizes abortion with strict exceptions, such as cases involving rape or medical emergencies. The law reflects religious and cultural values ​​rooted in the nation's Pancasila ideology, emphasizing the sanctity of life. In contrast, the ICCPR advocates for broader protections for individual rights, including bodily autonomy and health in reproductive contexts, without discrimination. While both frameworks aim to protect life, Indonesia's approach enforces specific legal and moral criteria before permitting abortion, potentially limiting access for women in challenging circumstances. This study reveals the legal and ethical balance required for abortion regulation in Indonesia, highlighting tensions between national values ​​and international human rights standards.
THE ROLE OF MUI OF NORTH SUMATRA AND BPJPH OF THE MINISTRY OF RELIGIOUS AFFAIRS IN MONITORING PRODUCT HALAL STANDARDS CHALLENGES AND STRATEGIES IN CONSUMER PROTECTION Bambang Fitrianto; Aulia Rahman Hakim Hasibuan; Harun Firman Kurniansyah
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.50

Abstract

In the era of globalization, the demand for halal products is increasing, especially in Indonesia, which has the largest Muslim population in the world. The Indonesian Ulema Council (MUI) of North Sumatra and the Halal Product Assurance Agency (BPJPH) of the Ministry of Religious Affairs play an important role in ensuring that products in circulation meet the established halal standards. This study analyzes the challenges faced by both institutions in overseeing halal standards, including complex coordination and supervision issues. Using a normative-sociological approach, data were collected through literature studies and analyzed qualitatively. The results of the study indicate that regulatory harmonization, information technology development, and public education are the main strategies implemented to strengthen the halal product assurance system. In addition, strict law enforcement is also identified as a key factor in protecting consumers from products that do not meet halal standards. This study emphasizes the importance of cross-institutional cooperation and technological innovation to ensure justice and legal certainty in protecting Muslim consumers in Indonesia.
LEGAL PROTECTION AND DETERRENT EFFECT ON BULLYING PERPETRATORS IN INDONESIA Anggi Putra Dito Harahap; T Riza Zarzani; Abdul Razak Nasution
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.51

Abstract

This study discusses legal protection and deterrent effects on perpetrators of bullying in Indonesia, with a primary focus on bullying committed by children in the school environment. Bullying is a form of physical or psychological violence that can have significant negative impacts on perpetrators and victims. In a legal context, bullying is considered an unlawful act that requires serious attention. This study uses a normative juridical method with a descriptive approach to analyze related laws and regulations, especially the Child Protection Law (Law No. 35 of 2014) and the Juvenile Criminal Justice System (Law No. 11 of 2012). The results of the study indicate that there are various forms of legal protection for child perpetrators, such as the right to diversion to avoid formal trials, as well as other basic rights in accordance with the principles of restorative justice. The deterrent effect on perpetrators can be achieved through the application of criminal sanctions and proportional actions, such as imprisonment as regulated in Article 80 of Law No. 35 of 2014. In addition, diversion as an out-of-court settlement approach is considered effective in reducing the negative impact of the judicial process on children, while encouraging recovery for victims. This study concludes that legal protection and the implementation of diversion for perpetrators of bullying are important steps in creating a just, rehabilitative, and preventive legal system. The recommendations of this study include increasing consistent legal implementation and socialization to the community to reduce the number of bullying among children.
APPLICATION OF THE APPLICABLE REGULATIONS ON THE HANDLING OF FOREIGN REFUGEES IN THE MEDAN IMMIGRATION DETENTION HOUSE (RELEVANCE OF PRESIDENTIAL REGULATION NUMBER 125 OF 2016) Danni Ronaldo Simamora; T Riza Zarzani; Rahul Ardian Fikri
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.52

Abstract

This study discusses the implementation of Presidential Regulation (Perpres) Number 125 of 2016 on the handling of foreign refugees at the Medan Immigration Detention Center. Indonesia, as a transit country for international refugees, faces various challenges in handling the increasing number of refugees from Afghanistan, Myanmar, Sri Lanka, Somalia, and other countries. This study uses a normative legal method, by analyzing the legal framework, especially the relevance of Perpres No. 125 of 2016, which is the basis for government policy in providing protection and management of refugees. The results of the study show that the policy of handling refugees in Indonesia still faces a number of obstacles, including the lack of facilities and infrastructure, limited human resources, and budget support. Although Presidential Regulation No. 125 of 2016 is an important legal guideline, its implementation at the Medan Immigration Detention Center is considered not yet fully effective. This Presidential Regulation has not been able to accommodate the needs of refugees comprehensively, especially in terms of human rights protection, social integration, and providing access to education and health. This study recommends strengthening international cooperation with UNHCR and IOM, improving coordination between agencies, and optimizing the role of local governments in providing adequate facilities and protection for refugees. With the implementation of more effective policies oriented to human rights principles, it is hoped that the handling of refugees at the Medan Immigration Detention Center can run better and more sustainably.

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