Application of Double Track System Model Against Applicants of Narcotics Abus

Ermawan, Tony Andri Dwi; Maerani, Ira Alia; Sulchan, Achmad

doi:10.30659/ldj.4.1.133-141

Cited by 2 publications

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“…This arrangement is intended for the best interests of children because it is related to the Law on the Juvenile Criminal Justice System and apart from that, Indonesia has ratified the International Convention on the Rights of the Child. Apart from that, there is also a "Special Crime Chapter" regulation, for example serious crimes against human rights, terrorism crimes, corruption crimes, money laundering crimes and narcotics crimes (Ermawan, 2022).…”

Section: A New Criminal Codementioning

confidence: 99%

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Mansar,

Lubis

2023

J. of Law and Sust. Develop.

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Objective: The material criminal law currently in effect in Indonesia is a criminal law inherited from the Dutch colonial era, promulgated by Law Number 1 of 1946, which is enforced in accordance with the principle of concordance, which means the application of existing laws in the Netherlands to Indonesia. The problem discussed in the research is How is Law 1/2023 on the Criminal Code harmonized which repeals the previous law? How does society respond to changes in the substance and type of punishment in the new Criminal Code. Method: The method used in the form of normative juridical with a descriptive analytical approach. The new Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One of the Criminal Code contains 205 articles which regulate starting from the scope of application of criminal statutory provisions; criminal acts and criminal liability; convictions, penalties and actions; the abolition of prosecutorial authority and criminal implementation. Result: The results concluded that the new Criminal Code regulates the application of unwritten laws such as customary law and customs, this would be contrary to the principle of "nullum delictum" which requires that a crime can be imposed if there is a law that first regulates it. The novelty of this research is the need to regulate what crimes can be resolved using unwritten law or customary law. Conclusion: The conclusion obtained is that there is not yet harmony between the principles and substance that regulate actions and the type of punishment that will be imposed and there are various disapproving responses from the public because the criminal regulations in the new KHUP are not yet harmonious. Hopefully a new regulation will be formed or a new Criminal Code will be revised to create a harmonization of criminal law in the future.

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Section: A New Criminal Codementioning

confidence: 99%

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Mansar,

Lubis

2023

J. of Law and Sust. Develop.

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“…Narcotics are substances that were initially used for medicinal purposes, but along with the development of science and technology, irresponsible persons with the aim of illicit narcotics trafficking have developed narcotic substances with combinations of chemical compounds in specific doses to be misused (Arimuladi et al, 2021;Ermawan et al, 2022).…”

Section: Introductionmentioning

confidence: 99%

Decriminalization as a Concept of Protection for Narcotics Addicts as Victims

Widijowati

Daniel

2022

IJSOC

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The criminal law policy that considers every form of dependence caused by narcotics must receive rehabilitation, one of which can be reviewed based on Article 55 of Law Number 35 of 2009 concerning Narcotics. The responsibility of the state to repair and recover addicts from narcotics dependence can be done concretely through jurisprudence that has a paradigm of Protection for narcotics addicts as well as the paradigm of the state which has responsibility for the survival of narcotics addicts against narcotics abusers in Indonesia and how to formulate decriminalization as a form of justice for narcotics addicts. This research is included in normative juridical law research. Legal research that wants to examine the effectiveness of statutory regulation is a comparative study between legal reality and legal ideals, where the law is conceptualized as what is written in legislation or statute is conceptualized as a rule or norm, which is a benchmark for human behaviour that is considered appropriate. The study results show that the laws and regulations governing narcotics require renewal of the substance of the articles in the direction that describe the qualifications of addicts as victims or addicts as perpetrators of narcotics crimes; the law can substantively determine concrete Protection for drug addicts.

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Application of Double Track System Model Against Applicants of Narcotics Abus

Cited by 2 publications

References 0 publications

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Decriminalization as a Concept of Protection for Narcotics Addicts as Victims

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