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1دورية أكاديمية
المؤلفون: Handar Subhandi Bakhtiar
المصدر: Media Iuris, Vol 7, Iss 2, Pp 221-240 (2024)
مصطلحات موضوعية: scientific evidence, criminal law, forensic, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
الوصف: Criminal law evolution accentuates the contrast between traditional eyewitness testimonies and precise modern forensics. While testimonies offer depth, scientific methodologies provide unparalleled accuracy in investigations. This study examines the challenges and merits of both in light of technological advancements. The objective is to understand the evolving paradigm of scientific evidence in criminal justice, emphasizing its integration and balance with traditional evidentiary methods for upholding judicial integrity and revealing material truth. The result of this study is historical evolution in the theory of scientific evidence which has transitioned from relying on testimonies to verifiable scientific data, including advancements in DNA and cyber technology. This scientific approach, characterized by its objectivity, replicability, and measurability, offers a robust foundation for discerning truth and justice, surpassing the limitations of mere factual accounts. Modern criminal law’s integration of this evidence signifies a deep-rooted commitment to justice, ensuring verdicts are swift, fair, and grounded in undeniable truth.
وصف الملف: electronic resource
العلاقة: https://e-journal.unair.ac.id/MI/article/view/51095Test; https://doaj.org/toc/2721-8384Test; https://doaj.org/toc/2621-5225Test
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2دورية أكاديمية
المصدر: International Journal of Humanities Education and Social Sciences, Vol 3, Iss 3 (2023)
مصطلحات موضوعية: Legal Liability, Hospital, Malpractice, Therapeutic Agreement, Legal Protection, History of scholarship and learning. The humanities, AZ20-999, Social Sciences
الوصف: This research was conducted to determine the cause of negligence committed by medical personnel, and how to resolve medical disputes by analyzing the South Jakarta District Court Decision Number 484/Pdt.G/2013/PN.JKT.Sel. Further research was carried out by looking at the case related to the legal liability of hospitals for the negligence of their medical personnel by reviewing the Civil Code, Law Number 26 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 29 of 2004 concerning the Practice of Medicine, Law Number 36 of 2014 concerning Health Workers, and other related laws and regulations. It then examines whether or not the judge is appropriate in deciding a malpractice case. This research uses normative juridical research with a statutory approach, a conceptual approach, and a case approach. The result of this study is that the legal relationship between hospitals, doctors, and patients gives birth to rights and obligations for the parties based on the therapeutic agreement that has been regulated in Article 46 of Law Number 44 of 2009 concerning Hospitals, so that patients receive legal protection due to alleged malpractice committed by medical personnel, in this case doctors with the current laws and regulations
وصف الملف: electronic resource
العلاقة: https://ijhess.com/index.php/ijhess/article/view/789Test; https://doaj.org/toc/2808-1765Test
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3دورية أكاديمية
المؤلفون: Handar Subhandi Bakhtiar
المصدر: Tadulako Law Review, Vol 7, Iss 2, Pp 157-178 (2022)
مصطلحات موضوعية: free health, good governance, health services, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
الوصف: Providing health services is an obligation by the state and getting good and guaranteed health services is the right of citizens. The implementation of the principles of good governance in health services as seen on the principles of Participation, the principles of Openness and Transparency, the principles of effective and efficient and the principles of Accountability have not been maximally implemented. The provision of fiber health services covers all the costs of health insurance for the poor and underprivileged automatically unconditionally becomes the responsibility of the government in accordance with the mandate of the Constitution.
وصف الملف: electronic resource
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4دورية أكاديمية
المصدر: UUM Journal of Legal Studies, Vol 14, Iss 2 (2023)
مصطلحات موضوعية: Grooming offence, cybercrime, children, Indonesia, Law
الوصف: The development of information technology has brought about profound changes in people's lives. No aspect of life is left untouched and in the world of crime, especially grooming crimes, which target victims who are children, are also experiencing considerable increase. Legal limitations make it difficult for law enforcement officials to carry out more effective law enforcement. This study examines the legal regime and the factors that encourage crime against children. The present research will be an important point of departure as it will influence the work process of law enforcement officers in terms of child care, especially for child victims. This study uses a legal normative method with a qualitative case study approach, a conceptual approach and a legislative approach. The results show that legal arrangements regarding grooming crimes are regulated using different laws, but do not clearly and explicitly address the many important issues around grooming crimes. As a result, law enforcement officials have difficulty interpreting laws in relation to the relevant causal factors, such as the perpetrator, the victim and social factors.
وصف الملف: electronic resource
العلاقة: https://e-journal.uum.edu.my/index.php/uumjls/article/view/14874Test; https://doaj.org/toc/2229-984XTest; https://doaj.org/toc/0127-9483Test
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5دورية أكاديمية
المصدر: Jurnal Hukum Volkgeist, Vol 7, Iss 1 (2022)
مصطلحات موضوعية: Children Against The Law, Protection, Repeat Offender, Law
الوصف: Protection of children against the law is essentially an effort to protect children's rights. This study aims to provide an overview of the meaning of repeated offenders against children and efforts to realize the protection and fulfillment of children's rights in violation of the law. This research is a normative legal research with a legal and analytical perspective. The results of this study indicate that the concept of children as recidivists in juvenile justice has so far failed to provide a sense of justice for children. The criminal justice system for children is underused to protect the rights and future of children as perpetrators and victims of crime. More and more children intersect with the law and even become repeat offenders. According to the Criminal Code and the Law on the Juvenile Criminal Justice System, legal protection for children is not clearly regulated in repeated cases. According to Article 7 of the Law on the Juvenile Criminal Justice System, children who (repeatedly) commit criminal acts cannot be disturbed. According to Article 488 of the Criminal Code, the perpetrators of the second (repeated) crime are threatened with one third of the sentence.
وصف الملف: electronic resource
العلاقة: http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2204Test; https://doaj.org/toc/2528-360XTest; https://doaj.org/toc/2621-6159Test
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6دورية أكاديمية
المؤلفون: Nurul Miqat, Muhammad Ikbal, Adfiyanti Fadjar, Ratu Ratna Korompol, Handar Subhandi Bakhtiar, Adiesty S.P. Syamsuddin
المصدر: Yustisia, Vol 10, Iss 2, Pp 291-305 (2021)
مصطلحات موضوعية: joint ownership, marriage agreement, unregistered marriage, Law
الوصف: The purpose of this study is to analyze the married couples engaged in an unregistered marriage and the position of the marriage agreement regarding the property as well as the concept of equal treatment of couples before and after isbat based on the theory of equality. This is important due to the legal gap observed in the norms, especially in relation to the unregistered legal marriages, despite the recognition of religious and registered marriages in Indonesian laws. This is legal research conducted using a conceptual and regulatory approach and the results defined an unregistered marriage as a legal marriage which fulfills the requirements determined by religion. Therefore, the failure to register a marriage does not invalidate its legality but there is a need for the record to be available with the state charged with such responsibility. Moreover, the agreements made concerning properties in unregistered marriages are valid as long as the parties conducted the process voluntarily and fulfill all the elements required. These agreements can also be recognized through the submission of isbat (marriage authorization) which recognizes and stipulates all activities conducted in the marriage before the isbat.
وصف الملف: electronic resource
العلاقة: https://jurnal.uns.ac.id/yustisia/article/view/48751Test; https://doaj.org/toc/0852-0941Test; https://doaj.org/toc/2549-0907Test
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7دورية أكاديمية
المصدر: Jurnal Hukum Volkgeist, Vol 6, Iss 2 (2022)
مصطلحات موضوعية: Justice, Legal Procedure, Interests of Victims, Law
الوصف: Complexity and challenges in uncovering crimes by the police have brought the law enforcement process to purely formal matters. Since the Indonesian police agency separated from the armed forces, their formal and professional attitude has faced many realities on the ground: choosing formal precedence (legal procedures) and ignoring the interests of victims. Legal procedures are more focused on formal justice in accordance with existing, written rules of the game and cannot provide freedom of action. The police are only the spokesperson for written laws and regulations. The idea of being part of people's lives is collided with formal procedures. This condition requires the police to ignore substantial justice, whose importance is more important than mere procedural matters. Law enforcement that is only based on procedures without being balanced with efforts to achieve the goals of law enforcement actually has the potential to damage the order of human rights values. The type of research used is normative legal research using a legal approach, a historical approach, and a philosophical approach. Law enforcement by the police which tends to discriminate against the rights of victims has an impact on the low level of public trust in the police institution which ultimately makes many victims reluctant to report to the police.
وصف الملف: electronic resource
العلاقة: https://www.jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2041Test; https://doaj.org/toc/2528-360XTest; https://doaj.org/toc/2621-6159Test
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8دورية أكاديمية
المؤلفون: Rafika Nur, Handar Subhandi Bakhtiar
المصدر: Hasanuddin Law Review, Vol 6, Iss 2, Pp 165-171 (2020)
مصطلحات موضوعية: criminal law, children, sanction, criminal justice system, Law, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
الوصف: In the children criminal justice system in Indonesia, there are two systems of sanctions namely criminal sanctions and sanctions actions. A child who commits a criminal offense may be subject to criminal sanctions or sanctions. Imposing sanctions for children becomes something oriented towards coaching and protecting children. However, the imposition of sanctions for children can not be effective because of conflicting legal rules, law enforcement officials who have different paradigms in guarding the legal process against children, facilities and infrastructure that are incomplete and inadequate, making it difficult to enforce sanctions on children as well as the poor stigmatization of society against children in conflict with the law.
وصف الملف: electronic resource
العلاقة: http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/2493Test; https://doaj.org/toc/2442-9880Test; https://doaj.org/toc/2442-9899Test
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9دورية أكاديمية
مصطلحات موضوعية: Attorney General for Military Crimes, Connectivity Cases, Dominus Litis, Single Prosecution System.
الوصف: The Prosecutor's Office of the Republic of Indonesia carries out state prosecutorial powers as regulated in LawNumber 16 of 2004 which has been amended by Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic ofIndonesia (UU Prosecutor's Office). The Supreme Prosecutor's position is as the Highest Public Prosecutor (dominus litis). This isalso reflected in the Elucidation of Article 57 paragraph (1) of Law Number 31 of 1997 concerning Military Justice which explainsthat the Prosecutor General in carrying out prosecutions within the military justice environment is responsible to the AttorneyGeneral as dominus litis. However, in practice, prosecutors often do not report the implementation of the prosecution of militarycriminal cases they handle to the Attorney General, so that unified implementation of the one-roof prosecution policy (one-roofsystem) has not been achieved. Reflecting on the various circumstances above, a Junior Attorney General for Military Crimes wasformed in the ...
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10دورية أكاديمية
المؤلفون: Iwan Kurniawan, Handar Subhandi Bakhtiar, Beniharmoni Harefa
الوصف: This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting ...
