Criminal provisions are regulated in the Criminal Code. Formed by the legislature to provide protection against immoral acts or criminals, and behavior in the form of unethical words or actions against good morals. This is because it relates to the sex life habits of the local population, contrary to the notion of community validity in the area of ??sex life where words are spoken and actions are performed. This investigation is a normative legal investigation or a normative legal investigation. Normative legal investigations, or normative legal investigations, are investigations that discuss legal principles, the legal system, the scope of legal synchronization, legal history, and legal comparisons. From the authors' findings, we can conclude that the initial prosecution of verbal sexual harassment has not been successful because of the obstacles in the process. These restrictions include factors of the law itself, factors of law enforcement, and community factors. Second, crime prevention occurs in several stages: development, implementation, and execution. The Criminal Procedure Code also needs to consider two main points of criminal law policy. Protection of victims of verbal violence by Catcalling is Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Article 5 of Law Number 31 of 1999. This can be done through rights contained in edition 39. TPKS Rights Law no. 12 Year 2022
{"title":"PENEGAKAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL SECARA VERBAL","authors":"Melati Intan Puspita, Budiarsih Budiarsih","doi":"10.53363/bureau.v2i3.58","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.58","url":null,"abstract":"Criminal provisions are regulated in the Criminal Code. Formed by the legislature to provide protection against immoral acts or criminals, and behavior in the form of unethical words or actions against good morals. This is because it relates to the sex life habits of the local population, contrary to the notion of community validity in the area of ??sex life where words are spoken and actions are performed. This investigation is a normative legal investigation or a normative legal investigation. Normative legal investigations, or normative legal investigations, are investigations that discuss legal principles, the legal system, the scope of legal synchronization, legal history, and legal comparisons. From the authors' findings, we can conclude that the initial prosecution of verbal sexual harassment has not been successful because of the obstacles in the process. These restrictions include factors of the law itself, factors of law enforcement, and community factors. Second, crime prevention occurs in several stages: development, implementation, and execution. The Criminal Procedure Code also needs to consider two main points of criminal law policy. Protection of victims of verbal violence by Catcalling is Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Article 5 of Law Number 31 of 1999. This can be done through rights contained in edition 39. TPKS Rights Law no. 12 Year 2022","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132837830","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 : 2022-12-07DOI: 10.53363/bureau.v2i3.116
Sinta Nuriyah, Wiwik Afifah
Technology has made it easier to get the information we need, which is progress.However, the advancement of technology was also used as an opportunity for cybercrime during its development.As the emergence of cases of defamation, cases of hate speech, cases of hoax, cases of fraud pretended to be the buying and selling of online, cases of online prostitution, and the case other cybercrime, where is the moment, abuse of social media is facilitating the spread of cybercrime in the cyberspace?More than half of the bad people in 2018 came from social media, especially Facebook and Twitter.According to the findings of the study, social media abuse continues to contribute to the spread of cybercrime to this day.The majority of those who engage in cybercrime on social media, whether intentionally or unintentionally, will be subject to prosecution under the law No.11th year on electronic transactions and information (UU ITE).
{"title":"ANALISIS KASUS PEMERASAN AKIBAT PENYALAHGUNAAN PADA SOSIAL MEDIA","authors":"Sinta Nuriyah, Wiwik Afifah","doi":"10.53363/bureau.v2i3.116","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.116","url":null,"abstract":"Technology has made it easier to get the information we need, which is progress.However, the advancement of technology was also used as an opportunity for cybercrime during its development.As the emergence of cases of defamation, cases of hate speech, cases of hoax, cases of fraud pretended to be the buying and selling of online, cases of online prostitution, and the case other cybercrime, where is the moment, abuse of social media is facilitating the spread of cybercrime in the cyberspace?More than half of the bad people in 2018 came from social media, especially Facebook and Twitter.According to the findings of the study, social media abuse continues to contribute to the spread of cybercrime to this day.The majority of those who engage in cybercrime on social media, whether intentionally or unintentionally, will be subject to prosecution under the law No.11th year on electronic transactions and information (UU ITE).","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134003184","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}
E-sports is a modern sport that is currently quite popular and promising in Indonesia. In competitive sports, unsupportive things often happen, one of which is poaching. Poaching is considered unsupportive because it can cause losses to E-sports teams whose athletes are illegally captured. Because of this, there needs to be legal protection to limit the actions of the parties involved in the E-sports ecosystem. This research uses normative legal research methods as a method to find out what are the legal consequences of the existence of poaching and to analyze how forms of legal protection can be applied to E-sports teams as a form of prevention or rule over poaching practices. The results of this study found that the result of the poaching was the emergence of sanctions in the form of compensation, and legal efforts to protect the E-sports team from the poaching are through PBESI regulations and the arrangement of specific clauses in employment agreement contracts
{"title":"PENCEGAHAN PEMBAJAKAN ATLET E-SPORTS MELALUI PERLINDUNGAN HUKUM KEPADA TIM E-SPORTS","authors":"Cantika Maulidea, Ahmad Mahyani","doi":"10.53363/bureau.v2i3.61","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.61","url":null,"abstract":"E-sports is a modern sport that is currently quite popular and promising in Indonesia. In competitive sports, unsupportive things often happen, one of which is poaching. Poaching is considered unsupportive because it can cause losses to E-sports teams whose athletes are illegally captured. Because of this, there needs to be legal protection to limit the actions of the parties involved in the E-sports ecosystem. This research uses normative legal research methods as a method to find out what are the legal consequences of the existence of poaching and to analyze how forms of legal protection can be applied to E-sports teams as a form of prevention or rule over poaching practices. The results of this study found that the result of the poaching was the emergence of sanctions in the form of compensation, and legal efforts to protect the E-sports team from the poaching are through PBESI regulations and the arrangement of specific clauses in employment agreement contracts","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115421810","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}
Along with the development of technology, it makes it easier for humans to find information in various things that exist in the digital era or the current era and the advancement of telecommunication technology eliminates distance and the world becomes borderless world. Conventional buying and selling itself has been done since ancient times and with it developments that there is buying and selling is experiencing developments where buying and selling in the current era which we usually call the E-Commerce buying and selling system, the development of buying and selling is a person or seller who is in the online buying and selling application selling as well as possible, one of which is narcotics which has been described in Law 35 of 2009 on the Narcotics Law Article 1 paragraph 1 states that narcotics are artificial substances or those derived from plants that have hallucinatory effects, decrease consciousness, and cause addiction. These drugs can cause addiction if used excessively. The use of these substances is as a painkiller and provides calm. Abuse can be subject to legal sanctions. A person who buys narcotics via E-commerce where there is no sanction that ensnares the seller in the Buying and Selling Application they sell narcotics with indications of male strong drugs, in this problem In the Narcotics Act itself there are which elements for those who know or do not know can be subject to criminal penalties, because in their duties the sender of goods or couriers who carry out their duties can be punished based on the Narcotics Law, therefore the author wants to research related to Legal Arrangements on Expeditionary Couriers who carry out their work
{"title":"LEGAL STANDING KURIR EXPEDISI MENGIRIM BARANG BERUPA NARKOTIKA KARENA TIDAK MENGETAHUI","authors":"Gede Agung Raynanda Putra Nuryanta, Ahmad Mahyani","doi":"10.53363/bureau.v2i3.57","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.57","url":null,"abstract":"Along with the development of technology, it makes it easier for humans to find information in various things that exist in the digital era or the current era and the advancement of telecommunication technology eliminates distance and the world becomes borderless world. Conventional buying and selling itself has been done since ancient times and with it developments that there is buying and selling is experiencing developments where buying and selling in the current era which we usually call the E-Commerce buying and selling system, the development of buying and selling is a person or seller who is in the online buying and selling application selling as well as possible, one of which is narcotics which has been described in Law 35 of 2009 on the Narcotics Law Article 1 paragraph 1 states that narcotics are artificial substances or those derived from plants that have hallucinatory effects, decrease consciousness, and cause addiction. These drugs can cause addiction if used excessively. The use of these substances is as a painkiller and provides calm. Abuse can be subject to legal sanctions. A person who buys narcotics via E-commerce where there is no sanction that ensnares the seller in the Buying and Selling Application they sell narcotics with indications of male strong drugs, in this problem In the Narcotics Act itself there are which elements for those who know or do not know can be subject to criminal penalties, because in their duties the sender of goods or couriers who carry out their duties can be punished based on the Narcotics Law, therefore the author wants to research related to Legal Arrangements on Expeditionary Couriers who carry out their work","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131966161","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}
Human rights are legal instrument that must be respected, upheld, and protected by the state. Within human rights itself, there are rights to life, the right not to be tortured, and the right not to be enslaved. With the regulation on Human Rights and the Crime of Trafficking in Persons, everyone gets legal protection from acts that degrade human dignity. The consequences of criminal penalties for the perpetrators absolutely must be strictly enforced against those who have injured humanity
{"title":"PERLINDUNGAN HUKUM DALAM KASUS KEKERASAN DAN PERBUDAKAN MANUSIA","authors":"Dian Damayanti, F. Simangunsong","doi":"10.53363/bureau.v2i3.53","DOIUrl":"https://doi.org/10.53363/bureau.v2i3.53","url":null,"abstract":"Human rights are legal instrument that must be respected, upheld, and protected by the state. Within human rights itself, there are rights to life, the right not to be tortured, and the right not to be enslaved. With the regulation on Human Rights and the Crime of Trafficking in Persons, everyone gets legal protection from acts that degrade human dignity. The consequences of criminal penalties for the perpetrators absolutely must be strictly enforced against those who have injured humanity","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126209750","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 : 2022-12-04DOI: 10.53363/bureau.v3i1.136
Encep Mindar R, Elan Jaelani
The development of contracts in international business contract currently has implications for existing legal arrangements, especially arrangements within the scope of business law. New aspects in the scope of international business really need attention, onee of which is uthe uuse of language in ann international business contract. The use of language in international business contracts is a separate concern considering that this aspect is one of the mostt importantt parts that will have a direct impact on the implementation of a business contract. This legal research uses a normative juridical method. The resultsf of the researchy in this papero show that afterx the Law No.24/2009 existed, arrangements regarding the use of Indonesian in international business contracts have been regulated as in article 31. However, this article does not contain strict sanctions against violators, giving rise to legal uncertainty
{"title":"PERSPEKTIF UU NO. 24/2009 TERHADAP LEGALITAS KONTRAK BISNIS INTERNASIONAL YANG BERMODEL MONOLINGUAL ASING","authors":"Encep Mindar R, Elan Jaelani","doi":"10.53363/bureau.v3i1.136","DOIUrl":"https://doi.org/10.53363/bureau.v3i1.136","url":null,"abstract":"The development of contracts in international business contract currently has implications for existing legal arrangements, especially arrangements within the scope of business law. New aspects in the scope of international business really need attention, onee of which is uthe uuse of language in ann international business contract. The use of language in international business contracts is a separate concern considering that this aspect is one of the mostt importantt parts that will have a direct impact on the implementation of a business contract. This legal research uses a normative juridical method. The resultsf of the researchy in this papero show that afterx the Law No.24/2009 existed, arrangements regarding the use of Indonesian in international business contracts have been regulated as in article 31. However, this article does not contain strict sanctions against violators, giving rise to legal uncertainty","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124272646","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 : 2022-12-04DOI: 10.53363/bureau.v3i1.153
Riskha Dora Candra Dewi
Social media has taken on a new function in recent years, serving as both a source of information and a way to participate and communicate. A same scenario happened with WhatsApp; many people use it to obtain updates on Covid-19's health. The goal of this project is to use a WhatsApp Bot to investigate the health sector's early warning system. This study employs a literature review method, which entails examining scholarly publications, books, and research journals. Articles from 2019 to 2021 were selected as inclusion criterion. The findings of the study demonstrate that the usage of WhatsApp Bot in the health industry is critical for early warning systems, particularly during the Covid-19 pandemic. The use of this Whatsapp bot is aimed at assisting healthcare professionals in spotting early warning signs of critically unwell patients in an inpatient hospital, before their clinical state worsens
{"title":"EARLY WARNING SYSTEM (PENGGUNAAN WHATSAPP BOT DI BIDANG KESEHATAN)","authors":"Riskha Dora Candra Dewi","doi":"10.53363/bureau.v3i1.153","DOIUrl":"https://doi.org/10.53363/bureau.v3i1.153","url":null,"abstract":"Social media has taken on a new function in recent years, serving as both a source of information and a way to participate and communicate. A same scenario happened with WhatsApp; many people use it to obtain updates on Covid-19's health. The goal of this project is to use a WhatsApp Bot to investigate the health sector's early warning system. This study employs a literature review method, which entails examining scholarly publications, books, and research journals. Articles from 2019 to 2021 were selected as inclusion criterion. The findings of the study demonstrate that the usage of WhatsApp Bot in the health industry is critical for early warning systems, particularly during the Covid-19 pandemic. The use of this Whatsapp bot is aimed at assisting healthcare professionals in spotting early warning signs of critically unwell patients in an inpatient hospital, before their clinical state worsens","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131458447","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 : 2022-12-04DOI: 10.53363/bureau.v3i1.154
Riskha Dora Candra Dewi
The prevalence of stunted toddlers in Yogyakarta in 2019 was 10.69%. To encourage this reduction in stunting rates, the DIY government uses the electronic posyandu application (e-Posyandu) as a tool for monitoring infant health. This study aims to describe the monitoring of stunting prevention through e-Posyandu in Yogyakarta. This study used a qualitative descriptive research design. The results of the study show that e-Posyandu is a tool for cadres or health workers to provide maximum service to the community, especially mothers and children. Through e-Posyandu, parents can also ascertain the closest posyandu location, schedule and type of immunization that has been carried out so that parents can estimate the schedule of posyandu visits next
{"title":"MONITORING PENCEGAHAN STUNTING MELALUI E-POSYANDU DI YOGYAKARTA","authors":"Riskha Dora Candra Dewi","doi":"10.53363/bureau.v3i1.154","DOIUrl":"https://doi.org/10.53363/bureau.v3i1.154","url":null,"abstract":"The prevalence of stunted toddlers in Yogyakarta in 2019 was 10.69%. To encourage this reduction in stunting rates, the DIY government uses the electronic posyandu application (e-Posyandu) as a tool for monitoring infant health. This study aims to describe the monitoring of stunting prevention through e-Posyandu in Yogyakarta. This study used a qualitative descriptive research design. The results of the study show that e-Posyandu is a tool for cadres or health workers to provide maximum service to the community, especially mothers and children. Through e-Posyandu, parents can also ascertain the closest posyandu location, schedule and type of immunization that has been carried out so that parents can estimate the schedule of posyandu visits next","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128858138","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 : 2022-08-31DOI: 10.53363/bureau.v2i2.132
Michael Steven Ernanda, Hari Soeskandi
Sexual crime against children is a crime that violates morals which has a very large impact on children who are a nation's asset whose existence is protected by law, it is appropriate if child predators are punished for criminal acts committed from an accountability for actions that tarnish the nation's moral values. Through Law of the Republic of Indonesia Number 17 Year 2022 and explicitly the mechanism of chemical castration is regulated in Government Regulation No. 70 of 2020 which is a form of care and protection for children who are vulnerable to the dangers of sexual crimes. Chemical castration has the potential for harmful side effects on the defendant's body as the person being executed, these harmful effects can arise as a result of the drugs or injections used while the effects are osteoporosis, fat accumulation, depression, diabetes and heart disease. From the side effects that endanger the life of the defendant, the government as the legislator of Government Regulation number 70 year 2020 which contains a void in legal norms should consider adding anticipatory action rules and actions that must be taken if the defendant gets side effects during or after chemical castration is carried out
{"title":"PERTANGGUNGJAWABAN PEMERINTAH TERHADAP EFEK SAMPING KEBIRI KIMIA TERHADAP TERDAKWA KEJAHATAN SEKSUAL","authors":"Michael Steven Ernanda, Hari Soeskandi","doi":"10.53363/bureau.v2i2.132","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.132","url":null,"abstract":"Sexual crime against children is a crime that violates morals which has a very large impact on children who are a nation's asset whose existence is protected by law, it is appropriate if child predators are punished for criminal acts committed from an accountability for actions that tarnish the nation's moral values. Through Law of the Republic of Indonesia Number 17 Year 2022 and explicitly the mechanism of chemical castration is regulated in Government Regulation No. 70 of 2020 which is a form of care and protection for children who are vulnerable to the dangers of sexual crimes. Chemical castration has the potential for harmful side effects on the defendant's body as the person being executed, these harmful effects can arise as a result of the drugs or injections used while the effects are osteoporosis, fat accumulation, depression, diabetes and heart disease. From the side effects that endanger the life of the defendant, the government as the legislator of Government Regulation number 70 year 2020 which contains a void in legal norms should consider adding anticipatory action rules and actions that must be taken if the defendant gets side effects during or after chemical castration is carried out","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"201 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116161613","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 : 2022-08-31DOI: 10.53363/bureau.v2i2.131
Nesya Warapsari, Hari Soeskandi
The purpose of this paper is to find out and explain about the judge’s considerations in giving penalties for Class I Narcotics Addicts, that is marijuana, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. This paper refers to several approaches, such as case, statue, and conceptual approach, with normative research. The narcotics abuse case are resolved by providing guidance and care in the form of rehabilitation, not by imprisonment. However, in some cases, the are differences in resolving the case. The example of a narcotics abuse case that was resolved by imprisonment is the case by Mohammad Rifki Ananda, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. The judge decide to resolved the case by imprisonment for 1 year, not by a medical or social rehabilitation. about Narcotics, in Pasal 54, states that medical and social rehabilitation are solutions that must be fulfilled by narcotics addicts and victims of narcotics abuse. Then, Undang-Undang No. 35 Tahun 2009 Pasal 103 also states that Majelis Hukum should order the defendant to take the rehabilitation as the settlement. The provision of rehabilitation for addicts and narcotics abuser is also strengthened by Surat Edaran Mahkamah Agung No. 04 Tahun 2010. Thus, it can be concluded that referring to Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr, the judge did not give consideration and attention, and did not interpret all the Ayat in Pasal 127
{"title":"PENJATUHAN PUTUSAN PIDANA OLEH HAKIM TERHADAP PENYALAHGUNAAN NARKOTIKA BAGI DIRI SENDIRI","authors":"Nesya Warapsari, Hari Soeskandi","doi":"10.53363/bureau.v2i2.131","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.131","url":null,"abstract":"The purpose of this paper is to find out and explain about the judge’s considerations in giving penalties for Class I Narcotics Addicts, that is marijuana, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. This paper refers to several approaches, such as case, statue, and conceptual approach, with normative research. The narcotics abuse case are resolved by providing guidance and care in the form of rehabilitation, not by imprisonment. However, in some cases, the are differences in resolving the case. The example of a narcotics abuse case that was resolved by imprisonment is the case by Mohammad Rifki Ananda, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. The judge decide to resolved the case by imprisonment for 1 year, not by a medical or social rehabilitation. about Narcotics, in Pasal 54, states that medical and social rehabilitation are solutions that must be fulfilled by narcotics addicts and victims of narcotics abuse. Then, Undang-Undang No. 35 Tahun 2009 Pasal 103 also states that Majelis Hukum should order the defendant to take the rehabilitation as the settlement. The provision of rehabilitation for addicts and narcotics abuser is also strengthened by Surat Edaran Mahkamah Agung No. 04 Tahun 2010. Thus, it can be concluded that referring to Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr, the judge did not give consideration and attention, and did not interpret all the Ayat in Pasal 127","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125518851","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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