ORIGINAL RESEARCH ARTICLE | Nov. 18, 2023
Judge's Ruling in Providing Rehabilitation against Narcotics Abusers for Themselves
Gatot Susanto, Eddy Rifai, Maroni, Heni Siswanto, H. S. Tisnanta
Page no 566-570 |
DOI: 10.36348/sijlcj.2023.v06i11.001
In principle, the Narcotics Law provides a legal loophole for law enforcers, especially judges, in imposing criminal sanctions, not only prison, but can also provide sanctions in the form of rehabilitation. This is in accordance with the provisions of Articles 126 and 127 of the Narcotics Law that those who abuse narcotics themselves can be given rehabilitation sanctions, both medical and social rehabilitation. The fact is that currently, when deciding narcotics cases against self-abusers, judges do not use Article 127, so many perpetrators are given prison sentences. In providing rehabilitation sanctions, it cannot be separated from the assessment carried out by the Integrated Assessment Team (TAT), however, to carry out this assessment requires quite large costs which must be paid by the state and some are also paid by the perpetrator. Thus, synergy must be built between the institutions involved in implementing rehabilitation, namely APH, the Health Service and the Social Service in ensuring the implementation of rehabilitation. So there must be a judge's decision which is used as jurisprudence against narcotics abusers who themselves must carry out social rehabilitation and medical rehabilitation.
ORIGINAL RESEARCH ARTICLE | Nov. 29, 2023
Legal Consequences of Possession of Explosive Materials without a Permit
Yotham Th. Timbonga
Page no 571-580 |
DOI: 10.36348/sijlcj.2023.v06i11.002
The aims of this research are: 1) to determine the material offense of possessing explosives (detonators) without a permit (study of decision Number 1676/Pid.Sus/2019/PN Mks); 2) to find out the judge's considerations in decision Number 1676/Pid.Sus/2019/PN Mks. This type of research is empirical legal research carried out to look for legal problems or issues and existing legal problems. The result of this legal research is to provide a prescription regarding what should be regarding the legal issue being raised. The results of this research are: 1) The material offense of possession of explosives or detonators without a permit (study decision Number 1676/Pid.Sus/2019/PN.Mks) is Article 1 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951 Because this law is still in force, the public prosecutor used this provision to charge Risal Wali who was legally proven to have committed a criminal offense without a permit for possessing explosives. 2) The judge's considerations in handing down decision Number 1676/Pid.Sus/2019/PN.Mks against the Defendant of a crime without permission to possess explosives/detonators were: a) There was an indictment from the Public Prosecutor; b) Evidence-based on evidence; and c) There are aggravating and mitigating reasons. Judges at the Makassar District Court regarding the factors that form the basis of the judge's consideration in imposing a crime consist of a) the Criminal Code is the basis for the judge's consideration; b) The Defendant is the basis for the judge's consideration; c) Community demands are taken into consideration by the judge.
ORIGINAL RESEARCH ARTICLE | Nov. 29, 2023
Reconstruction of the Authority of the Financial Services Authority (OJK) in Supervision to Improve Value-Based Banking Policies in Justice (Case study in Indonesia)
Agustinus Samosir, Gunarto, Sri Endah Wahyuningsih
Page no 582-585 |
DOI: 10.36348/sijlcj.2023.v06i11.003
OJK's authority is to deal with companies that make illegal investments by taking action to prevent losses for the sake of legal protection for consumers and legal defense. The Twin Peak Concept and Financial Customer Care programs are useful in providing information and education to the public on the characteristics, products and services in the financial services sector. The purpose of writing is to reconstruct the authority of the Financial Services Authority (OJK) in supervision to improve banking policies. The approach method in this study uses the constructivism paradigm, namely the paradigm with the ontology of relativism, the sociological juridical approach method. The results of this study, the researchers provide conclusions and suggestions that in fact the mandate of Article 4 of the Financial Services Authority Law on Consumer Protection assigns OJK to guarantee consumer protection in the financial services sector for all people, it turns out that justice has not been realized. While the suggestions are changing the rule breaking of OJK supervisory regulations, OJK supervision regulations are carried out by banking and non-banking financial services, as well as revising the customer protection law so that its effectiveness in protecting customers is more guaranteed.