International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 6 (2022)

Legal reconstruction of alcohol abuse criminal sanctions based on the values of pancasila justice


Sih Ayuwatini, Mahmutarom, Gunarto

The purposes of this study are to analyze and find the weaknesses of the Alcohol Abuse criminal sanctions policy and how to reconstruct it based on Pancasila justice value in the research that uses an Normative-juridical approach where The data collection method used is sourced from secondary data and primary data which was carried out using qualitative analysis methods. The results of the study show that the Weaknesses of the policy on criminal sanctions for alcohol users, from the aspect of the legal substance of the sanctions, it is still unclear, especially considering the increasingly dynamic conditions in society lately. The weakness of the legal structure aspect is that law enforcement officers in this case the Satpol PP and the Police must work together so that there is no overlap of authority. The weakness of the legal culture aspect is that the community must have an understanding of alcoholic beverages, especially regarding the impacts that cause a lot of harm to the community. Therefore, The legal reconstruction referred to is in the Criminal Code (KUHP) by reconstructing Article 300 Paragraph 1 by changing Paragraph 1 number 2 to “(2) Whoever uses intoxicating alcoholic beverages that causes public discomfort”. And the Presidential Regulation of the Republic of Indonesia Number 74 of 2013 concerning Control and Supervision of Alcoholic Drinks by reconstructing Article 4 by adding 2 (two) paragraphs in paragraphs 5 and 6, namely: “(5) Alcoholic Drinks can be circulated and traded with strict evaluation by local governments local area by looking at the consequences arising from the alcoholic beverages from criminal acts that occurred in the area”. And "(6) If an area where the circulation and trade of alcoholic beverages experiences an increase in criminal acts, the distribution permit and trade permit for alcoholic beverages can be terminated.".
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How to cite this article:
Sih Ayuwatini, Mahmutarom, Gunarto. Legal reconstruction of alcohol abuse criminal sanctions based on the values of pancasila justice. International Journal of Law, Volume 8, Issue 6, 2022, Pages 5-9
International Journal of Law