Karya Ilmiah

DISERTASI (121) - Asas Strict Liability Dalam Hukum Pidana Narkotika

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This dissertation uses the title of "The Principle of Strict Liability in Narcotics
Criminal Law". The purpose of this research is to analyze and find the philosophy
underlying the implementation of the principle of strict liability in the eradication
of narcotics and to analyze and find differences in the application of the principle
of strict liability in narcotic crimes. While the benefits of this research is
specifically to provide input and recommendations the application of the principle
of strict liability in the prevention and eradication of narcotics and generally
provide advice to law enforcement apparatus in taking measures in the prevention
and eradication of narcotics and to policy makers determine the policy which is
appropriate and efficient in the prevention and eradication of narcotics. People
are also expected to make this research as a material to protect themselves or
their families from the abuse of the principle of strict liability. The type of this
research is legal research. The approach which is used in this research is statute
approach, conceptual approach and case approach. The conclusions in this
research are the principle of strict liability is an exception to the principle of no
punishment without fault known in criminal law. Reason philosophy of the
application of strict liability in narcotic crimes consists of five (5): (1) The
offenses of narcotics is an extraordinary crime and transnational crime, (2) The
narcotics criminal law relating to goods or objects that are prohibited by law, (3)
Implementation of strict liability is essential to ensure compliance with necessary
regulations for the welfare of society. (4) The setting strict liability in narcotic
crimes aimed at ensuring the Indonesian state free from drug abuse and illicit
trafficking, (5) Proofing of an element of fault is very difficult in the violation
related to the welfare of society. In narcotic crimes, the principle of strict liability
or the principle of accountability for the absolute can be divided into two (2)
parts, namely the principle of strict liability pure and the principle of strict
liability is not pure and the reasons behind differences in the application of strict
liability against the perpetrators of criminal acts which is adult than the child
perpetrators who do not have the ability like adults. Suggestions in this study are
necessary to amend the Narcotics Act particularly with regard to regulation
expressly about the application of the principle or principles of punishment
without fault or strict liability in narcotic crimes and Necessary arrangements
regarding the application of strict liability are based on differences in the quality
of criminal.

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Ketersediaan

031217017331

0121

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

121

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

121

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PIDANA NARKOTIKA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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