ORIGINAL RESEARCH ARTICLE | Jan. 4, 2023
Legal Reconstruction of Medical and Social Rehabilitation of Narcotic Abuse Victims Based on Humane Values
Gunarto, Agustiana, Sri Endah Wahyuningsih
Page no 1-9 |
10.36348/sijlcj.2023.v06i01.001
Narcotics abusers for themselves are guaranteed rehabilitation, but in Article 127 of Law No. 35 of 2009 concerning Narcotics, narcotics abusers also become subjects who can be punished and can lose their rehabilitation rights, unless they can be proven to be victims of narcotics. The purpose of this study was to find out the Weaknesses of the Implementation of Medical and social rehabilitation and to reconstruct the Humane-Based Medical and Social Rehabilitation of Victims of Narcotics Abuse. This research uses socio-legal research as an effort to understand the law in context with the constructivist paradigm. The results of the study show that the weaknesses in the implementation of medical and social rehabilitation for victims of narcotics abuse can be seen in that narcotics abusers and non-dealers receive criminal sanctions in the form of imprisonment and fines for their actions. Article 127 and Article 103 of Law no. 35 of 2009 concerning Narcotics stipulate that a judge "can" decide to place the user to undergo rehabilitation where the rehabilitation period is also counted as a sentence period where such a system in criminal law is known as the Double Track System. Starting from the notion that punishment is essentially only a tool to achieve the goal of punishment, then in the new narcotics criminal concept, first of all, the purpose of punishment is formulated. Efforts to reconstruct the implementation of medical and social rehabilitation for victims of narcotics abuse based on human values can be carried out by reformulating the norms of Law Number 35 of 2009, specifically regarding the position of narcotics abusers through setting suitable types of sanctions and providing benefits according to their work and affirming the purpose of the article on the qualifications of an offense other narcotics crimes whose elements can be fulfilled automatically when a person abuses narcotics for himself.
ORIGINAL RESEARCH ARTICLE | Jan. 7, 2023
Human Rights Protection in Land Acquisition for Public Interest
Heryanti, Sahrina Safiuddin, Nur Intan, Ramadan Tabiu
Page no 10-17 |
10.36348/sijlcj.2023.v06i01.002
In theory, an increase in development activities increases the demand for land, particularly for public interest uses. Land acquisition for public interest must be done properly and transparently, and with due consideration to the respect for human rights of legal land ownership rights. Conflicts between the government and landowners have regularly arisen thus far as a result of the implementation of government policies in the purchase of land for the public interest. On the one hand, the State, as represented by the government, has the power to revoke land rights to lands that are not released by the owner or rights holder if it is urgently necessary for the public interest, but on the other hand, the State must respect the private rights of individuals to maintain their rights to land because the laws and regulations also provide protection for these rights.
ORIGINAL RESEARCH ARTICLE | Jan. 13, 2023
Legal Reconstruction of the Regulations for Stopping the Prosecution of Narcotic Addicts within the Framework of Restorative Justice Based on Justice Value
Gunarto, Sri Odit Megonondo, Bambang Tri Bawono
Page no 18-23 |
10.36348/sijlcj.2023.v06i01.003
This research consists of 2 (two) main issues, namely the Weaknesses of Regulations on the Cessation of Prosecution of Narcotics Addicts in the Framework of Restorative Justice and Efforts to reconstruct regulations on stopping the prosecution of narcotics addicts within the framework of restorative justice based on values of justice. This type of research is descriptive analysis, using a sociological legal research approach. Sociological juridical research, namely legal research using legal principles and principles in reviewing, viewing, and analyzing problems, in the study, in addition to reviewing the implementation of law in practice. Research Result Shows that the weaknesses mentioned by the author is in the legal substance: the prosecutor's authority to stop prosecution that is not based on restorative justice, there are still many narcotics addicts who end up with prison sentences. Then legal structure: there is no consensus on restorative justice among members or law enforcement officials. And, in legal culture: when the prosecutor indicted and in his charge used Article 127, the judge dominantly gave a prison sentence, as if he did not care that the defendant was also a victim of the crime he had committed. To overcome this, a legal reconstruction is needed in Article 140 Paragraph (2) of the Criminal Procedure Code by adding the termination of prosecution by the prosecutor as the controller of the case with the concept of restorative justice. Reconstruction of article 111 of Law No. 35 of 2009 concerning Narcotics by adding rehabilitation sanctions for narcotics addicts as an option for legal certainty and the effectiveness of sanctions in the field.
REVIEW ARTICLE | Jan. 18, 2023
Premarital Medical Examination Organization: Does it have the Right to Inform the Abnormal Examination Results?
Bo-Lin Ke, Zhi-Zhuang Duan, Rui Zheng
Page no 24-26 |
10.36348/sijlcj.2023.v06i01.004
In January 2016, a piece of news spread widely across the media—a man injected HIV three months after his marriage because the Premarital Medical Examination Organization had not informed him that his wife was suspected of having AIDS. The organization said that unauthorized disclosure would violate the privacy rights of the parties. As the primary institution that knows the inspection results, when the results are abnormal, and the parties do not voluntarily fulfill the obligation of informing stipulated in Article 1053 of the Civil Code of the People’s Republic of China, in order to balance the right to privacy and the right to know of the parties in such incidents, should the law add the corresponding obligation of informing? This paper refers to the classification of premarital medical examination in the Maternal and Infant Health Care Law and centers on Article 1053 of the Civil Code. It is suggested that a dual informing system should be established to combine personal and premarital medical examination organization. Plus, this paper presents that the formulation of infectious disease requirements that may infringe on the life and health of the other party and even the public interest should be compulsorily informed by the premarital medical examination organizations, and the secondary information should be advised by the doctor to inform the parties to do it voluntarily.
ORIGINAL RESEARCH ARTICLE | Jan. 23, 2023
Legal Reconstruction of the Requirement for the Establishment of the House of Worship Based on Justice Values
Budi Sulistiyo, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 27-35 |
10.36348/sijlcj.2023.v06i01.005
This research is motivated by the regulations on the construction of houses of worship that have not yet accommodated spaces for justice. Regulations that hinder the construction of places of worship are one aspect that has the potential to cause conflict between adherents of religions. This research aims to analyze and find the principal regulatory requirements for the establishment of houses of worship that are not yet based on the value of justice, to analyze and find weaknesses in the current regulations regarding the requirements for the construction of houses of worship, to find reconstructions for the construction of places of worship that can accommodate these values justice based. This research is normative juridical research with statutory and conceptual approaches. The results of this study indicate that the regulatory requirements for the establishment of houses of worship have not been based on the values of justice (related to the requirements in PBM Article 7 paragraph 1 letter (a) and paragraph 2 letter (a). Article 14 paragraph (2) has not been just Pancasila because they have not been based on community needs. adherents of minority religions Weaknesses in the current regulations regarding the requirements for the construction of houses of worship (Legal substance, legal structure, and legal culture) contained in the regulations for the construction of places of worship Reconstruction of the regulations regarding the requirements for the construction of places of worship based on the value of justice must be referred to whenever justice is discussed So that it is necessary to reconstruct the Joint Ministerial Regulations number 9 and 8 of 2006 concerning the establishment of houses of worship.
ORIGINAL RESEARCH ARTICLE | Jan. 26, 2023
Legal Reconstruction of Investigation Warrant Submission Arrangements on Suspect Based on Justice Value
Gunarto, Martin Eko Priyanto, Sri Endah Wahyuningsih
Page no 36-41 |
10.36348/sijlcj.2023.v06i01.006
Notification of Commencement of Investigation is a letter issued by an investigator addressed to the public prosecutor which aims to notify an investigation into a case. The Public Prosecutor will respond to the Letter of Notification of the Commencement of the Investigation by appointing a Research Prosecutor to follow the investigation process. This study discusses the problem of regulatory weaknesses in the delivery of an order to commence an investigation to the current reported party and efforts to reconstruct the arrangements in submitting an order to begin an investigation to the reported party based on the value of justice. The approach method in this research is socio-legal research. The results of the study found that there was a weakness in the regulation in submitting an order to commence the investigation of the Constitutional Court within 7 (seven) working days. There is no apparent sanction for the investigator if, after 7 (seven) days, the notification letter for the commencement of the investigation is submitted to the reported party. Thus the complainant feels that his rights as a citizen have been degraded. Reconstruction of arrangements in the delivery of the warrant for the start of an investigation to the reported justice based on the non- involvement of the reporting party and the reported party in submitting the Notification of Commencement of Investigation and also regarding the deadline for submission and there are no sanctions for investigators who are late in submitting the Notice of Commencement of Investigation to the public prosecutor, reporter and reported.