ANALISIS PEMBINAAN KEPADA NARAPIDANA ANAK KASUS NARKOTIKA DI LEMBAGA PEMBINAAN KHUSUS ANAK

Drug abuse is not only done and occurs to adults, but also to children. The position of children who are considered not legally competent and their position is still unstable, making children an easy target for dealers to be able to market their illicit goods. The Child Special Guidance Institution is obliged to raise, train, train, and do other things in accordance with legal requirements. The research method uses normative legal research, namely research conducted by focusing on positive legal norms in the form of laws and regulations governing the treatment given to death row inmates based on the correctional system.This is because children who are convicted of committing a crime are entitled to guidance, guidance, supervision, support, education and training, as well as other rights according to the provisions of the law. Family and environmental factors are the main factors for a child to abuse narcotics. In addition, there are also internal factors such as an identity crisis and weak self-control, which can also easily influence a child to do things beyond his control. The government, society, families and parents are obliged and responsible to carry out child protection, and protect children from the dangers of narcotics.

Analisis Hambatan Pelaksanaan Eksekusi Pidana Mati pada Pelaku Tindak Pidana Peredaran Narkotika di Dalam Lembaga Pemasyarakatan Dihubungkan dengan Putusan Mahkamah Konstitusi Nomor 107/PUU-XIII/2015

Narcotics crime is one of the crimes categorized as extraordinary crimes or also called extraordinary crimes. Even though there are special rules on narcotics crimes, they also cannot hold back the circulation of narcotics crimes up to the correctional institutions which can even be carried out by death row inmates who have not yet been executed. This study aims to determine and understand the implementation of law enforcement in Indonesia for prisoners who commit narcotics crime in prison and to analyze what are the factors that hinder the execution of capital punishment in the case of narcotics distribution in prison by convicted prisoners who have been convicted capital punishment is connected with the Constitutional Court Decision Number 107 / PUU-XIII / 2015. This study uses a normative juridical approach. The research specifications used are descriptive analysis. Sources and types of legal materials used are primary legal materials supported by secondary legal materials. The data in this study were obtained through literature study. The data obtained were then analyzed by qualitative analysis methods to obtain conclusions from the problems studied. Based on the results of this research and discussion, it can be concluded that first, the perpetrators of narcotics trafficking offenses carried out in prison can be given prison sanctions and administrative sanctions. Second, the factors that cause obstacles in the implementation of capital punishment include the factors of legislation (legal substance), law enforcement factors, facilities and facilities factors, and community factors. Abstrak. Tindak pidana narkotika merupakan salah satu tindak pidana yang di kategorikan ke dalam kejahatan luar biasa atau disebut juga extraordinary crime. Meskipun telah aturan khusus terhadap tindak pidana narkotika tetapi juga tidak dapat menahan peredaran tindak pidana narkotika hingga di dalam lembaga pemasyarakatan yang bahkan masih bisa dilakukan oleh terpidana hukuman mati yang belum dieksekusi. Penelitian ini bertujuan untuk mengetahui dan memahami pelaksanaan penegakkan hukum di Indonesia terhadap narapidana yang melakukan tindak pidana peredaran narkotika di dalam lembaga pemasyarakatan serta menganalisis apa sajakah faktor yang menghambat terlaksananya eksekusi hukuman atas pidana mati dalam hal peredaran narkotika di dalam lembaga pemasyarakatan oleh narapidana yang telah divonis hukuman mati dihubungkan dengan Putusan Mahkamah Konstitusi Nomor 107/PUU-XIII/2015. Penelitian ini menggunakan metode pendekatan yuridis normatif. Spesifikasi penelitian yang digunakan bersifat deskriptif analisis. Sumber dan jenis bahan hukum yang digunakan adalah bahan hukum primer yang didukung bahan hukum sekunder. Data dalam penelitian ini diperoleh melalui studi kepustakaan. Data yang diperoleh kemudian dianalisis dengan metode analisis kualitatif untuk memperoleh kesimpulan dari permasalahan yang diteliti. Berdasarkan hasil penelitian dan pembahasan ini dapat disimpulkan yaitu pertama, pelaku tindak pidana peredaran narkotika yang dilakukan di dalam lembaga pemasyarakatan dapat diberikan sanksi pidana penjara dan sanksi administrative. Kedua, faktor-faktor yang menjadi penyebab adanya hambatan dalam pelaksaan pidana mati di antaranya ialah faktor perundang - undangan (subtansi hukum), faktor penegakan hukum, faktor sarana dan fasilitas, serta faktor masyarakat.

Correctional Institution’s Construction In The Death-Convicted Supervision

The death row inmate becomes one of the members of the Correctional Institution or Lembaga Pemasyarakatan (Lapas) when the convict is waiting for the execution time or if the convict is still making a legal effort. This raises problems from the aspect of the rules, which form the basis of prisons' authority in the guidance of death row inmates because the provisions on the development of capital punishment do not have specific regulations. The problem in this research is the urgency of guiding death convicts in prison; how it is implemented, and is there any difference in the guidance for death row inmates in prison; construction or ideal model of guidance for death row inmates in prison; as a result of the law, guidance on death row inmates is carried out in Lapas. This study uses a normative and empirical juridical approach with data collection methods using literature and field studies. The study results show that the prison's guidance is essential considering that the person concerned will be executed, so assistance and supervision are needed to prevent unwanted things, for example, committing a crime, suicide, or experiencing depression. Death row convicts follow other prisoners' proper guidance, provide useful activities to death convicts, and provide the death convicts with the rights. The superior construction for the development of capital punishment is contained in the Criminal Code Draft or Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP), which makes capital punishment an alternative punishment, provides a probation period of 10 years for the death row inmates, the superior construction of both the place and the material for its guidance must be distinguished from those sentenced to other types of crimes. As a result of the law, there is no certainty of guidance for death row inmates in prison because there are no specific regulations regarding death penalty services.

Death Row Narratives: A Qualitative Analysis of Mental Health Issues Found In Death Row Inmate Blog Entries

Death row inmate narratives, culled from online blogs, are used to explore the social determinants of mental health in the context of the stresses and deprivations of living on death row. Legal and correctional procedures that affect death row inmates are conceptualized as social determinants of mental health. These procedures include the granting or denying of stays of execution, conditions of solitary confinement during death row and the death watch, and impending dates of execution. Death row narratives offer a nuanced account of the many ways condemned prisoners must contend with their powerlessness as an essential element of life under sentence of death.

Amnesty International dan Penghapusan Hukuman Mati di Malaysia

Malaysia is a country where the death penalty is still present and frequently practiced. It is due to different understandings of the death penalty itself. The absence of the Malaysian government in various international human rights treaties also increases unfair trials on death row inmates. The high number of death row inmates in Malaysia represents a severe human rights violation. The abolition of the death penalty is one of the current global human rights agendas. It goes against the right to live regulated by various international human rights instruments, such as the ICCPR (International Covenant on Civil and Political Rights) and the Declaration of Human Rights. One of the INGOs actively advocating the abolition of the death penalty in Malaysia is Amnesty International. This study looks at Amnesty International’s transnational advocacy tactics in encouraging the death penalty abolition in Malaysia from 2015 to 2018. The method used is descriptive research by collecting primary and secondary data and using transnational advocacy networks by Keck and Sikkink. The results of this research show that the efforts used by Amnesty International in this advocacy include information politics, symbolic politics, leverage politics, and accountability politics.

Race, Ethnicity, and the Functional Use of Religion When Faced with Imminent Death

This article uses religious coping theory to theorize about how and why race and ethnic groups on death row frame religious last statements at the moment of imminent death. Unique data (N = 269) drawn from death row inmates in Texas between December 1982 and April 2016 reveal uniformity in the dominance that black, white, and Hispanic inmates assign to relational forms of expressions that draw them closer to God and expressions that facilitate spiritual intimacy with others, over self-focused expressions that represent efforts to gain control over the imminent death experience or signal a transformed life. There is a hierarchy of preferred religious coping methods that changes for each group following the implementation of a new policy allowing the family and friends of murder victims (co-victims) to witness the execution of inmates. It is concluded that race and ethnic groups differ in the premium they place on preferred religious coping strategies when faced with imminent death, and a change in social context, such as the sudden presence of co-victims at executions, increases the religious content of last statements for all groups.

Innocence is Not Enough: The Public Life of Death Row Exonerations

Miscarriages of justice and wrongful convictions are a pervasive reality in America's criminal justice system. In this paper we examine news coverage of miscarriages of justice in the death penalty system and the release of death row inmates to understand what we call the public life of exonerations. We examine the way newspapers tell the story of exonerations and the various tilts and tendencies that characterize their presentations. We focus on the five states which, from 1972–2019, had ten or more exonerations. During that period, they were Florida, Illinois, Texas, Louisiana, and Oklahoma. We conclude that the public discourse surrounding exoneration, while providing evidence of the death penalty system's most consequential flaws, serves as much to preserve that system as to challenge it.

PROVISIONS ON DEATH CRIMINAL THREATS IN NARCOTIC LAW IN THE PHILOSOPHICAL BASIS PERSPECTIVE

The threat of capital punishment is seen as an appropriate type of crime threatened against narcotics offenders with the qualifications of producers and dealers, because narcotics is a serious crime and the nature of the offenders who have a network to produce and circulate narcotics for business or economic purposes only so that their actions can cause great danger or have a profound effect on human life and national life in the political, economic, social, cultural and national defense sectors. In the end the deterrent effect with a very severe sentence, including the threat of capital punishment, became the target to achieve the goal of enacting Law Number 35 Year 2009 on Narcotics in addition to providing narcotics for health needs and scientific development, also intended to reduce the quantity of perpetrators of abuse and circulation dark narcotics. Although it is realized that with the enactment of this law, the number of drug abuse and distribution by the perpetrators does not deter and can educate producers and distributors of the sentences not proportional to their actions compared to the consequences suffered by victims. In other words, the target of the regulation of death penalty in this law is not only for death row inmates, but also for potential perpetrators who have not yet been sentenced to death. Therefore, the threat of capital punishment aims to suppress the high crime rate, which in the end the community becomes orderly, peaceful and safe. Keywords: narcotics, capital punishment, punishment

Intelligent and Civilized Sentiments

This chapter tells the history of some of the elements that contributed to the declining use of the death penalty in North Carolina. Journalist Nell Battle Lewis railed against the practice as racist, un-Christian, and barbaric. Paul Green echoed those sentiments as he campaigned to save death row inmates from death. Yet their activism had little tangible result. More significant was a change in state law that allowed juries to formally recommend mercy following a conviction, meaning that judges were no longer required to deliver mandatory death sentences. The end of the mandatory death sentences ended executions, which ceased in 1961 and would not resume until 1984.