Jurnal IUS (Kajian Hukum dan Keadilan)
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Metode Penanggulangan Peredaran Narkotika Di Lembaga Pemasyarakatan Terhadap Narapidana Sebagai Upaya Mencapai Tujuan Pemidanaan (Studi di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan)
No full textAlmost fifty percent of the prison population is prisoners of narcotics, this situation is very worrying for the occurrence of drug abuse in prison. Overcrowding greatly affects the process of coaching prisoners, so it is likely that the expected goal of punishment will not be achieved. The nature of the type of research is normative juridical. The concept of coaching carried out to prisoners in prison is guided by Article 34 to Article 46 of Corrections Law No. 22 of 2022. The mentoring program for prisoners of drug abuse is carried out including personality coaching and independence coaching. Efforts to minimize the abuse of narcotics in prison are guided by Permenkumham No. 6 of 2013 relating to the Code of Conduct for Correctional Institutions and Detention Centers. Based on these regulations, efforts to minimize drug abuse in prisons are carried out with preventive and repressive actions. The obstacles faced by prisons in minimizing drug abuse in prisons include the unavailability of experts, obstacles from the community and the lack of infrastructure and facilities in carrying out the process of coaching prisoners.Kepadatan Lapas hampir diseluruh Indonesia sudah sangat menghawatirkan. Keadaan ini cukup rentan untuk terjadinya penyalahgunaan narkotika dalam bentuk peredaran Narkotika di dalam Lapas, serta otomatis mempengaruhi pembinaan narapidana, sehingga kemungkinan tujuan pemidanaan diharapkan tidak akan tercapai. Penelitian ini bertujuan untuk menemukan dan menganalisis metode penanggulangan peredaran narkotika di lembaga pemasyarakatan terhadap narapidana sebagai upaya mencapai tujuan pemidanaan di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan. Sifat penelitian yang digunakan adalah Yuridis Empiris, dengan metode pendekatan perundang-undangan (statute approach) dan pendekatan kasus (case approach). Analisis dilakukan secara deskriptif bertujuan menggambarkan antara upaya kinerja Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan dalam meminimalisir peredaran narkotika di dalam lembaga pemasyarakatan sehingga tercapai tujuan pemidanaan. Berdasarkan hasil kajian melalui wawancara diperoleh bahwa metode penanggulangan yang dilakukan didalam menanggulangi agar peredaran narkoba di lapas melalui 3 (tiga) hal, yakni pre-Emtif, Preventif dan Represif dengan mengacu kepada Permenkumham Nomor 6 Tahun 2013 Tentang Tata Tertib Lembaga Pemasyarakatan dan Rumah Tahanan dan hambatan yang dihadapi petugas lapas di dalam melaksanakan metode penanggulangan peredaran narkotika adalah belum tersedianya ruang yang cukup sehingga mengakibatkan belum terpisahnya narapidana pengguna dan pengedar narkotika, over kapasitas Lapas, belum dilaksanakannya rehabilitasi pengguna narkotika.
Kata Kunci, Metode, Penanggulangan dan Narkotika  
The Debtor’s Liability For The Loading Of Personal Security In Indonesia
Full text linkThis study aims to find out the legal liability as well as the judge’s consideration of personal guarantees in the case of debtors who are declared bankrupt based on act number 37/2004.. The research method used is the normative juridical method, using library data. The results of this study indicate that in personal guarantee liability, there are two different agreements but closely related to each other, namely the guaranteed principal agreement and the personal guarantee agreement as a guarantee of the main agreement. In the personal guarantee agreement, besides the main agreement, there is also an accessory agreement where a personal guarantee serves the obligations. Personal guarantee in this bankruptcy case is the debtor from the obligation to pay off the debt. The personal guarantee assets will only be used to the return of the debts to creditors when the property has been confiscated and auctioned. However, the proceeds are not sufficient to pay the debt. This could be due to the debtor having two or more creditors and not paid off at least one overdue debt and can be collected
The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice
Full text linkOne of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations
Resolving Fishing Disputes in Lubuk Larangan in Kuantan Singingi, Riau Province
Full text linkThis research aims to explain the rules of management of lubuk larangan in Kuantan Singingi, and formulate the settlement of fishing disputes at lubuk larangan in Kuantan Singingi. This research is sociological legal research. The research location is the villages where there are lubuk larangan in Kuantan Singingi Regency, namely lubuk larangan in Indarung Muara Lembu Subdistrict, lubuk larangan in Bandar Alai Kari Village, Kuantan Tengah Subdistrict, and lubuk larangan in Lubuk Jambi, Kuantan Mudik Subdistrict. Informants in this research include Customary Chiefs in Indarung Muara Lembu Subdistrict, Bandar Alai Kari Village, Central Kuantan Subdistrict, and in Lubuk Jambi, Kuantan Mudik Subdistrict, as well as the Chairman of the Kuantan Singingi Customary Institution. This research shows that the rules for managing lubuk larangan in Kuantan Singingi from three research locations differ in the way they are managed. Lubuk Larangan in Indarung is managed jointly and controlled by traditional leaders. Settlement of fishing disputes in lubuk larangan in Kuantan Singingi is carried out through a customary process led by the customary leader. If the offenders are traditional leaders, they can be sanctioned twice harder compared to ordinary people
The Plea Bargain Concept Related to Medical Malpractice Crimes to Realize Substantive Justice: An Idea for the Future
Full text linkMalpractice in medical practice is a common thing that occurs because the unprofessionalism and negligence of medical personnel and . In practice, medical malpractice is resolved through a convoluted criminal justice system that does not reflect a substantive justice orientation. This study aims to formulate the idea of applying plea bargaining in the settlement of criminal acts related to medical malpractice in order to realize substantive justice. The results of the study confirm that the settlement of criminal acts related to medical malpractice does not reflect substantive justice and is not oriented toward efforts to provide compensation for victims. Therefore, in the future, efforts are needed to apply the concept of a plea bargain in the settlement of criminal acts related to medical malpractice in order to ensure substantive justice for victims of medical malpractice
Construction of Consumer Protection Against Illegal Online Loan Transactions As a Means of IUS Constituendum in Indonesia
Full text linkThe rise of illegal online loans has caused a lot of harm to consumers. Some argue that the OJK as a regulator in the field of financial services is considered incapable of protecting consumers. The research method, normative juridical approach with laws and regulations analyzed qualitatively. The conclusions obtained are, first, the regulation of consumer legal protection for online loans according to Indonesian law is carried out by applying the principles of transparency, fair treatment, reliability, confidentiality, and security of consumer data/information. Second, legal protection for online loan recipients is carried out preventively through regulation and supervision, as well as providing information and education to the public about the characteristics of illegal online loans. Repressive legal protection can be carried out by imposing administrative, civil, and criminal sanctions. Suggestions that can be conveyed are that the OJK needs to increase stricter supervision of online loan providers and that laws and regulations are needed that are higher than the existing laws and regulations
The Future of Sex Robots in Indonesia: Law, Science, And Technology
Full text linkSex robots are humanoid machines used to fulfill sexual desires of their users. Their presence has created debates around the world. Currently, sex robots are not sold freely in Indonesia. Although, the future of such an innovation has to be scrutinized through the Indonesian laws. From the proponent side, the existence of such robots has possibly several justifications: (1) their usage has no implications on other people other than their users; (2) the market is potentially high; and (3) the use of this object entails some psychological benefits for those in need of them. Conversely, the opposing group will potentially argue that this technology is not in line with the religious values, decency, and even the laws in Indonesia. We did not find any journals that had discussed sex robots, especially through a law, science and technology approach, so there is still a research gap. This article scrutinized sex robots through the law, science, and technology perspective in the context of Indonesia in order to bring up their impacts that may require legal involvement. In principle, the use of sex robots that are used individually does not mean that they cannot be prohibited, especially if they are against the law, violate moral values, and/or disrupt the public interests in Indonesia
Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values
Full text linkThe ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent
IUS Constituendum Of Expert Advisor In Commodity Futures Trading: A Legal Certainty
Full text linkThis study aims to construct further arrangements regarding Expert Advisors in commodity futures trading. The legal issue being studied is the legal vacuum of regulating trading robot software or commonly known as an Expert Advisor in commodity futures trading. The novelty of this research is legal discovery through the legal construction of the development of Expert Advisors in commodity futures trading. The study confirmed that the urgency setting up an Expert Advisor as a futures adviser in commodity futures trading is needed in order to provide legal certainty for commodity futures transaction actors. Legal certainty related to the arrangement of Expert Advisors as futures advisers in commodity futures trading is also needed for CoFTRA as a supporting element of the Ministry of Trade as well as being a supervisor and enforcer of various legal provisions in the practice of commodity futures trading. Therefore, the supervision and enforcement process can be more optimal and guarantee legal certainty, benefits, and fairness for commodity futures trading actors. The Ius constituendum of expert advisor as an adviser in commodity futures trading to ensure legal certainty can be carried out by revising the Law on commodity futures trading, including conducting a judicial review at the Constitutional Court regarding the provisions in the Law on commodity futures trading
The Orientation and Implications of New Criminal Code: An Analysis of Lawrence Friedman's Legal System
Full text linkThis study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society