Law enforcement for narcotics addicts and abusers mostly applies prison sentences as in the Indonesian criminal justice system. It makes the prison to overcrowding. On the other hand, other law enforcement alternatives are deemed proven to be able to eradicate narcotics addicts and abusers and provide great benefits for all parties without applying penalties in the form of criminal sanctions. It is the application of a restorative justice approach in law enforcement for narcotics addicts and abusers. This research is focused on discussing the background of the problem: how to implement restorative justice in law enforcement for addicts and drug abusers. This study uses empirical normative research methods. The study's findings led law enforcement to adopt a restorative justice approach when dealing with narcotics addicts and abusers. It is accomplished by offering treatment in the form of medical or social rehabilitation. The spirit of restorative justice is essentially embodied in Article 54 of Narcotics Law Number 35 of 2009, which orders addicts and abusers to be treated medically or socially. However, it has not been implemented optimally and comprehensively. There is still a discrepancy in how law enforcement handles narcotics addicts and abusers. Restorative justice, including the provision of medical or social rehabilitation, should be implemented at all stages of law enforcement: investigation, prosecution, and even court appearances. However, until today, medical or social rehabilitation has only been provided by a judge's order following a court trial.Keywords: law enforcement; narcotics crime; restorative justice
{"title":"Law Enforcement in The Eradication of Narcotics Crimes Against Drug Addicts and Abusers","authors":"Achmad Yuliandi Erria Putra, Mirawaty Nurhamidin, Dede Cairul","doi":"10.20884/1.jdh.2022.22.1.3244","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3244","url":null,"abstract":"Law enforcement for narcotics addicts and abusers mostly applies prison sentences as in the Indonesian criminal justice system. It makes the prison to overcrowding. On the other hand, other law enforcement alternatives are deemed proven to be able to eradicate narcotics addicts and abusers and provide great benefits for all parties without applying penalties in the form of criminal sanctions. It is the application of a restorative justice approach in law enforcement for narcotics addicts and abusers. This research is focused on discussing the background of the problem: how to implement restorative justice in law enforcement for addicts and drug abusers. This study uses empirical normative research methods. The study's findings led law enforcement to adopt a restorative justice approach when dealing with narcotics addicts and abusers. It is accomplished by offering treatment in the form of medical or social rehabilitation. The spirit of restorative justice is essentially embodied in Article 54 of Narcotics Law Number 35 of 2009, which orders addicts and abusers to be treated medically or socially. However, it has not been implemented optimally and comprehensively. There is still a discrepancy in how law enforcement handles narcotics addicts and abusers. Restorative justice, including the provision of medical or social rehabilitation, should be implemented at all stages of law enforcement: investigation, prosecution, and even court appearances. However, until today, medical or social rehabilitation has only been provided by a judge's order following a court trial.Keywords: law enforcement; narcotics crime; restorative justice","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128101369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-25DOI: 10.20884/1.jdh.2022.22.1.3245
Mikha Dewiyanti Putri, P. Utami, Teddy Cipta Lesmana
Nowadays, illicit trafficking and narcotics abuse have been at a dangerous level and threatened various aspects of the life of the nation and state and have even penetrated most levels of society, from the upper classes to the lower classes. The government reacted by issuing Law No. 35 of 2009 on narcotics as an amendment to Law No. 22 of 1997 on narcotics. Based on Article 4 letter d of Law 35 of 2009 concerning state narcotics, the government also provides legal protection for victims of narcotics abuse and addicts through medical rehabilitation and social rehabilitation. From Article 4 letter d of Law 35 of 2009 on narcotics, the researchers analyzed the process of rehabilitation assessments for victims of narcotics abuse and addicts. The researchers also analyzed and discussed the extent to which the laws and regulations in Indonesia have provided legal protection for them. The authors used library research methods that were juridical-normative. The research aimed to: 1) explain the rehabilitation assessment process for victims of narcotics abuse, the meaning of rehabilitation assessment, and the legal basis for rehabilitation assessment in Indonesian regulations; 2) explain the implementation of rehabilitation assessment for victims of narcotics abuse, including rehabilitation assessment related to the cases that researchers discussed in this article. Thus, this research answered several legal issues regarding rehabilitation assessment that exists and occurs in both theoretical and legal practice.Keywords: victims of narcotics abuse, rehabilitation assessment, legal protection.
{"title":"The Implementation of Rehabilitation Assessment As Legal Protection For Narcotics Abusers in Indonesia","authors":"Mikha Dewiyanti Putri, P. Utami, Teddy Cipta Lesmana","doi":"10.20884/1.jdh.2022.22.1.3245","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3245","url":null,"abstract":"Nowadays, illicit trafficking and narcotics abuse have been at a dangerous level and threatened various aspects of the life of the nation and state and have even penetrated most levels of society, from the upper classes to the lower classes. The government reacted by issuing Law No. 35 of 2009 on narcotics as an amendment to Law No. 22 of 1997 on narcotics. Based on Article 4 letter d of Law 35 of 2009 concerning state narcotics, the government also provides legal protection for victims of narcotics abuse and addicts through medical rehabilitation and social rehabilitation. From Article 4 letter d of Law 35 of 2009 on narcotics, the researchers analyzed the process of rehabilitation assessments for victims of narcotics abuse and addicts. The researchers also analyzed and discussed the extent to which the laws and regulations in Indonesia have provided legal protection for them. The authors used library research methods that were juridical-normative. The research aimed to: 1) explain the rehabilitation assessment process for victims of narcotics abuse, the meaning of rehabilitation assessment, and the legal basis for rehabilitation assessment in Indonesian regulations; 2) explain the implementation of rehabilitation assessment for victims of narcotics abuse, including rehabilitation assessment related to the cases that researchers discussed in this article. Thus, this research answered several legal issues regarding rehabilitation assessment that exists and occurs in both theoretical and legal practice.Keywords: victims of narcotics abuse, rehabilitation assessment, legal protection.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121948912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3242
Kuntadi Kuntadi
House of Restorative Justice is a follow-up to the existence of the Prosecutor’s Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. The establishment of this house aims to be a forum for meeting victims, perpetrators in resolving criminal cases that also involve traditional, community and religious leaders in exploring the values of local wisdom to perfect the application of positive law in the implementation of the termination of prosecution based on the Prosecutor’s Ragulation Number 15 of 2020. This research is a legal socio research that has the nature of descriptive and analytical research. The urgency of the establishment of the House of RJ is to explore the values of local wisdom contained in the community Restorative justice is in line with the legal values that live in Indonesian society (living law). The implementation of local wisdom values in resolving cases at the House of RJ. Currently, it is still only based on the settlement method, namely by using deliberation for consensus, but in this study, the prosecution in Toba Samosir and Kajang has accommodated local customary values and laws. Hence, in this case, the law and values of local wisdom can be used as a complement in the implementation of positive law enforcement.Keywords: House of Restorative Justice; Restorative Justice; criminal law; local wisdom; law enforcement.
{"title":"House of Restorative Justice as a Forum of Actualizing the Nation’s Culture in Solving Criminal Cases","authors":"Kuntadi Kuntadi","doi":"10.20884/1.jdh.2022.22.2.3242","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3242","url":null,"abstract":"House of Restorative Justice is a follow-up to the existence of the Prosecutor’s Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. The establishment of this house aims to be a forum for meeting victims, perpetrators in resolving criminal cases that also involve traditional, community and religious leaders in exploring the values of local wisdom to perfect the application of positive law in the implementation of the termination of prosecution based on the Prosecutor’s Ragulation Number 15 of 2020. This research is a legal socio research that has the nature of descriptive and analytical research. The urgency of the establishment of the House of RJ is to explore the values of local wisdom contained in the community Restorative justice is in line with the legal values that live in Indonesian society (living law). The implementation of local wisdom values in resolving cases at the House of RJ. Currently, it is still only based on the settlement method, namely by using deliberation for consensus, but in this study, the prosecution in Toba Samosir and Kajang has accommodated local customary values and laws. Hence, in this case, the law and values of local wisdom can be used as a complement in the implementation of positive law enforcement.Keywords: House of Restorative Justice; Restorative Justice; criminal law; local wisdom; law enforcement.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115053707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3206
J. P. N. Sianipar, A. B. Cahyono
The risk transfer mechanism from the insured to the insurer in insurance happens when both parties have fulfilled what has been agreed in insurance agreement along with obligatory insurance principle like the utmost good faith principle and the regulation regarding the insurance procedure. In the South Jakarta District Court Decision number: 16/Pdt.G/2016/PN.Jkt.Sel, Panel of Judges excluded what has been agreed by both parties on the basis of fulfillment of utmost good faith principle by the plaintiff. The excluded matter was regarding the written notification obligation that has been agreed by both parties, but the plaintiff did not notify it in writing but orally instead. Law No. 40 of 2014 does not clearly regulate claim notification, thus causing difficulty in determining whether certain notification is the application of the utmost good faith principle or not. Some foreign legislations regulate that matter, so they can become a reference for Indonesian regulators in perfecting the existing regulation.
{"title":"Insurance Policy Closure As The Implication of The Utmost Good Faith Principle in Life Insurance Claim Filing","authors":"J. P. N. Sianipar, A. B. Cahyono","doi":"10.20884/1.jdh.2022.22.2.3206","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3206","url":null,"abstract":"The risk transfer mechanism from the insured to the insurer in insurance happens when both parties have fulfilled what has been agreed in insurance agreement along with obligatory insurance principle like the utmost good faith principle and the regulation regarding the insurance procedure. In the South Jakarta District Court Decision number: 16/Pdt.G/2016/PN.Jkt.Sel, Panel of Judges excluded what has been agreed by both parties on the basis of fulfillment of utmost good faith principle by the plaintiff. The excluded matter was regarding the written notification obligation that has been agreed by both parties, but the plaintiff did not notify it in writing but orally instead. Law No. 40 of 2014 does not clearly regulate claim notification, thus causing difficulty in determining whether certain notification is the application of the utmost good faith principle or not. Some foreign legislations regulate that matter, so they can become a reference for Indonesian regulators in perfecting the existing regulation.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130879606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3191
Haibati Haira, Haedah Faradz, S. Sanyoto
The relocation of the central government and the state capital to Nusantara Capital City is accompanied by infrastructure development in East Kalimantan, known as the world’s lungs because of its vast forest reserves, which have been designed as a national strategic priority project. This study examined and answered problems related to the identification of the use of forest areas for infrastructure development in Nusantara Capital and its forest realizing mechanism and the investment facility provided by the Indonesian government to boost the investment climate in Nusantara Capital. The research method used is a normative juridical approach. The main findings are the release mechanism for the convertible production forest carried out by Nusantara Capital City Authority for infrastructure development in Nusantara Capital City and the investment facility for its infrastructure development, including but not limited to granting fiscal and non-fiscal incentives.Keywords: forest area release; convertible production forest; state capital; infrastructure development; investment.
{"title":"Juridical Overview of the Mechanism for the Forest Area Release and Investment Facilities for Infrastructure Development in Nusantara Capital City","authors":"Haibati Haira, Haedah Faradz, S. Sanyoto","doi":"10.20884/1.jdh.2022.22.2.3191","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3191","url":null,"abstract":"The relocation of the central government and the state capital to Nusantara Capital City is accompanied by infrastructure development in East Kalimantan, known as the world’s lungs because of its vast forest reserves, which have been designed as a national strategic priority project. This study examined and answered problems related to the identification of the use of forest areas for infrastructure development in Nusantara Capital and its forest realizing mechanism and the investment facility provided by the Indonesian government to boost the investment climate in Nusantara Capital. The research method used is a normative juridical approach. The main findings are the release mechanism for the convertible production forest carried out by Nusantara Capital City Authority for infrastructure development in Nusantara Capital City and the investment facility for its infrastructure development, including but not limited to granting fiscal and non-fiscal incentives.Keywords: forest area release; convertible production forest; state capital; infrastructure development; investment. ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114431601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3239
Hendro Dewanto
This article aims to explain the obstacles in handling cases of gross human rights violations in Indonesia and the concept of resolving cases of serious human rights violations in the perspective of local wisdom. This article does not only lead to normative law that is more directed to research on the legal principles but also considers empirical facts as a reality in the settlement of gross human rights violations. Using the Case study of Tanjung Priok, the author focuses on the challenges to the settlement of gross human rights violations in the perspective of local wisdom. The results showed that the settlement of gross human rights violations through the legal process has encountered many challenges and deadlock, along with trauma to victims that result in a severe and long-lasting effect. Second, the settlement of gross human rights violations in the Tanjung Priok case can be carried out by the state, by apologizing to the victim as well as providing reparations, rehabilitation, and compensation as a state responsibility. For the recommendations, the author suggests the need for more detailed arrangements of solutions for victims whose case already has permanent legal force, such as in the Tanjung Priok case, and accommodating the values of local wisdom to improve the norms contained in the Law on Human Rights Court, especially those relating to the process of settling gross human rights violations through non-judicial channels.Keywords: Settlement of Gross Human Rights Violations; Tanjung Priok case; local wisdom
{"title":"Settlement of Gross Human Rights Violations in the Perspective of Local Wisdom in Indonesia (Case Study of Tanjung Priok)","authors":"Hendro Dewanto","doi":"10.20884/1.jdh.2022.22.2.3239","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3239","url":null,"abstract":"This article aims to explain the obstacles in handling cases of gross human rights violations in Indonesia and the concept of resolving cases of serious human rights violations in the perspective of local wisdom. This article does not only lead to normative law that is more directed to research on the legal principles but also considers empirical facts as a reality in the settlement of gross human rights violations. Using the Case study of Tanjung Priok, the author focuses on the challenges to the settlement of gross human rights violations in the perspective of local wisdom. The results showed that the settlement of gross human rights violations through the legal process has encountered many challenges and deadlock, along with trauma to victims that result in a severe and long-lasting effect. Second, the settlement of gross human rights violations in the Tanjung Priok case can be carried out by the state, by apologizing to the victim as well as providing reparations, rehabilitation, and compensation as a state responsibility. For the recommendations, the author suggests the need for more detailed arrangements of solutions for victims whose case already has permanent legal force, such as in the Tanjung Priok case, and accommodating the values of local wisdom to improve the norms contained in the Law on Human Rights Court, especially those relating to the process of settling gross human rights violations through non-judicial channels.Keywords: Settlement of Gross Human Rights Violations; Tanjung Priok case; local wisdom","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"51 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120993945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.1.2672
H. Hamja, Lukman Nul Hakim, Murti Kartini
Drug abuse is a significant problem, various rehabilitation efforts are carried out at the Cirebon Class IIA Narcotics Penitentiary, one of which is by using therapeutic communities to provide expectations of drug abuse inmates. The problems studied in this research are related to the rehabilitation of prisoners and their implications with the therapeutic community method at the Cirebon Class IIA Penitentiary. This research is empirical research that uses survey methods, observations, interviews, and literature studies. The data obtained are collected and analyzed qualitatively by analytical descriptive methods. The results showed that the therapeutic community can be implemented optimally but is still faced with the first problem therapeutic community has not been focused on the fundamentals of the resident's addiction and the second problem is that the resident is still faced with having to fight his mind with the effects of the relapse he feels.Keywords: Coaching, Therapeutic community, Relapse.
{"title":"The Effectiveness of Coaching Prisoners With The Therapeutic Community Method in The Cirebon Class IIA Narcotics Penitentiary","authors":"H. Hamja, Lukman Nul Hakim, Murti Kartini","doi":"10.20884/1.jdh.2022.22.1.2672","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.2672","url":null,"abstract":"Drug abuse is a significant problem, various rehabilitation efforts are carried out at the Cirebon Class IIA Narcotics Penitentiary, one of which is by using therapeutic communities to provide expectations of drug abuse inmates. The problems studied in this research are related to the rehabilitation of prisoners and their implications with the therapeutic community method at the Cirebon Class IIA Penitentiary. This research is empirical research that uses survey methods, observations, interviews, and literature studies. The data obtained are collected and analyzed qualitatively by analytical descriptive methods. The results showed that the therapeutic community can be implemented optimally but is still faced with the first problem therapeutic community has not been focused on the fundamentals of the resident's addiction and the second problem is that the resident is still faced with having to fight his mind with the effects of the relapse he feels.Keywords: Coaching, Therapeutic community, Relapse.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124896195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3238
Achmad Fadilah
Gowok is a cultural tradition that ever existed in Banyumas. This tradition aims to provide understanding, education, and training for a boy who is about to become a teenager or is about to enter the stage of marriage, by a woman who will act as his partner, so that when the boy gets married he can provide physical and spiritual support for his wife. The lack of information about the Gowok cultural tradition makes the construction of the social reality of the community towards the tradition to be bad and negative. Some even think that the Gowok cultural tradition is hidden prostitution. This assumption needs to be straightened out again because it is not entirely true. There are several significant differences between the Gowok cultural tradition and prostitution. This study uses historical research methods with qualitative analysis which is based on literary literacy research and Sin Po newspaper documents in 1941. This study shows that the Gowok cultural tradition experiences misperceptions that continue to mean decadence and ultimately lead to a logical fallacy.Keyword: Gowok, Ronggeng Dukuh Paruk, local wisdom, prostitution, logical fallacy
{"title":"Considering Gowok Cultural Traditions as Prostitution is a Logical Fallacy","authors":"Achmad Fadilah","doi":"10.20884/1.jdh.2022.22.2.3238","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3238","url":null,"abstract":"Gowok is a cultural tradition that ever existed in Banyumas. This tradition aims to provide understanding, education, and training for a boy who is about to become a teenager or is about to enter the stage of marriage, by a woman who will act as his partner, so that when the boy gets married he can provide physical and spiritual support for his wife. The lack of information about the Gowok cultural tradition makes the construction of the social reality of the community towards the tradition to be bad and negative. Some even think that the Gowok cultural tradition is hidden prostitution. This assumption needs to be straightened out again because it is not entirely true. There are several significant differences between the Gowok cultural tradition and prostitution. This study uses historical research methods with qualitative analysis which is based on literary literacy research and Sin Po newspaper documents in 1941. This study shows that the Gowok cultural tradition experiences misperceptions that continue to mean decadence and ultimately lead to a logical fallacy.Keyword: Gowok, Ronggeng Dukuh Paruk, local wisdom, prostitution, logical fallacy","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122095814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-15DOI: 10.20884/1.jdh.2022.22.2.3222
M. N. Islami
If we look at the provisions contained in the United Nations (especially in its preamble), it will appear that the purpose of the establishment of the United Nations is international peace and security because the United Nations was indeed formed with the background of World War I and II. In contrast, if we pay attention to the provisions of the International Humanitarian Law, the war cannot be prevented. Instead, efforts are made to humanize war. Based on the research, it turns out that the United Nations is not a neutral organization. The United Nations is a political organization run by superpowers, especially The Big Five (United States, Soviet Union, England, France and China). These five countries have veto rights and other advantages so that in international dispute resolution, it often affects the final decisions. Some decisions from ad Hoc Courts, for example, are influenced by these big countries, such as the case of Saddam Hussein. Likewise, the US policy towards cases between Israel and Palestine and terrorism is also evident. Accordingly, this normative research with a case study approach was conducted by taking samples from popular cases in international political issues. The combination of analysis from international provisions with the facts should push the analysis to be more objective.Keywords: International dispute resolution, United Nations
{"title":"Expectations and Reality of International Dispute Resolution","authors":"M. N. Islami","doi":"10.20884/1.jdh.2022.22.2.3222","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.2.3222","url":null,"abstract":"If we look at the provisions contained in the United Nations (especially in its preamble), it will appear that the purpose of the establishment of the United Nations is international peace and security because the United Nations was indeed formed with the background of World War I and II. In contrast, if we pay attention to the provisions of the International Humanitarian Law, the war cannot be prevented. Instead, efforts are made to humanize war. Based on the research, it turns out that the United Nations is not a neutral organization. The United Nations is a political organization run by superpowers, especially The Big Five (United States, Soviet Union, England, France and China). These five countries have veto rights and other advantages so that in international dispute resolution, it often affects the final decisions. Some decisions from ad Hoc Courts, for example, are influenced by these big countries, such as the case of Saddam Hussein. Likewise, the US policy towards cases between Israel and Palestine and terrorism is also evident. Accordingly, this normative research with a case study approach was conducted by taking samples from popular cases in international political issues. The combination of analysis from international provisions with the facts should push the analysis to be more objective.Keywords: International dispute resolution, United Nations","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124413237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The application of non-prison sentences is very minimally carried out by Law Enforcement officers so that the number of prison/detention center residents exceeds capacity (overcrowding). The Prosecutor's Office of the Republic of Indonesia through the reorientation of law enforcement policies in the implementation of The Republic of Indonesia Law Number 35 of 2009 concerning Narcotics has issued Guideline Number 18 of 2021 concerning Settlement of Handling Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as an Implementation of the Dominus Litis Principle of Prosecutors which is a reference for Public Prosecutors in handling Narcotics cases so that prioritizing Rehabilitation at the Prosecution Stage which is inseparable from restorative justice. The research uses normative research methods that use secondary data in the form of scientific journals, literature, and news websites about the problem, as well as analysis based on conditions that are likely to develop about this problem. Steps that can be taken to overcome challenges in implementing the Guidelines are the need to integrate the rules for resolving cases of narcotics crimes with a Restorative Justice approach between law enforcement officers, especially Police Investigators and the Prosecutor's Office, rules that are in line with the internal rules of each law enforcement agency.Keywords: prosecutor; narcotics; restorative justice; dominus litis, challenge.
{"title":"Challenges and the Overcoming Strategies in Implementation of Attorney General's Guidelines Number 18 of 2021","authors":"Achmad Aris Mugiandono, Enggar Dian Ruhuri, Mutiara Girindra Pratiwi","doi":"10.20884/1.jdh.2022.22.1.3236","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3236","url":null,"abstract":"The application of non-prison sentences is very minimally carried out by Law Enforcement officers so that the number of prison/detention center residents exceeds capacity (overcrowding). The Prosecutor's Office of the Republic of Indonesia through the reorientation of law enforcement policies in the implementation of The Republic of Indonesia Law Number 35 of 2009 concerning Narcotics has issued Guideline Number 18 of 2021 concerning Settlement of Handling Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as an Implementation of the Dominus Litis Principle of Prosecutors which is a reference for Public Prosecutors in handling Narcotics cases so that prioritizing Rehabilitation at the Prosecution Stage which is inseparable from restorative justice. The research uses normative research methods that use secondary data in the form of scientific journals, literature, and news websites about the problem, as well as analysis based on conditions that are likely to develop about this problem. Steps that can be taken to overcome challenges in implementing the Guidelines are the need to integrate the rules for resolving cases of narcotics crimes with a Restorative Justice approach between law enforcement officers, especially Police Investigators and the Prosecutor's Office, rules that are in line with the internal rules of each law enforcement agency.Keywords: prosecutor; narcotics; restorative justice; dominus litis, challenge.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114467437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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