Iustitia Omnibus (Jurnal Ilmu Hukum)

KONFLIK KEWENANGAN PENYIDIKAN DALAM PENANGANAN TINDAK PIDANA LINGKUNGAN HIDUP YANG DI LAKUKAN KOORPORASI

Boy Anggara; Imas Rosidawati Wiradirja, Syahrul Machmud — Thu, 01 Dec 2022 00:00:00 +0100

The application of environmental criminal law is currently not optimal due to the absence of synchronization, or alignment, both structurally, substantially and culturally, in the criminal justice system from the police, prosecutors, courts and correctional institutions. The repetition of environmental crimes by individual and corporate legal subjects proves that there is disharmony between POLRI and PPNS investigators in tackling environmental crimes. This study aims to analyze how to resolve the conflict of investigation authority between Indonesian Police investigators and PNS investigators in enforcing environmental criminal law and how to harmonize the conflict of authority between POLRI investigators and PPNS. Normative juridical research methods or legal research libraries, sources of data used secondary data legal materials. The results of the analysis in this study indicate, the regulation of PPNS authority in environmental crimes is not in accordance with the criminal justice system based on the principle of lex specialis derogat legi generalis, the Criminal Procedure Code as a generalist and Law no. 32 of 2009 is the lex specialis of environmental crimes when the submission of the results of the investigation must go through the POLRI investigators. Meanwhile, the authority of POLRI investigators in Law Number 32 year 2009 is not clearly regulated.

Keywords : Authority, Investigator, the environment

TANGGUNG JAWAB HUKUM DOKTER YANG MELAKUKAN PRAKTIK KEDOKTERAN TANPA MEMILIKI SURAT IZIN PRAKTIK DIHUBUNGKAN UNDANG-UNDANG NO.29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN DAN ASAS KEPASTIAN HUKUM

Meifiyane Angmawaty Fadlillah — Thu, 01 Dec 2022 00:00:00 +0100

The last twenty years have often arisen lawsuits from patients and families who feel aggrieved, to demand compensation due to mistakes or omissions made by doctors or medical personnel in carrying out their work. This situation shows a symptom, that the world of medicine is being hit by a medical ethics crisis that cannot be resolved by a medical code of ethics alone, but must be resolved in a broader way that must be resolved through legal channels.The purpose of the study is to Know, Analyze and Describe the Responsibility of Criminal Law towards Doctors Who Practice Medicine Without Having a License to Practice connected with Law No.29 of 2004 concerning the practice of medicine and the principle of legal certainty and Knowing, analyzing and describing the Obstacles that occur in legal enforcement against Doctors who do not have a License to Practice and their Solutions The method used in writing this thesis uses a normative legal approach (normative juridical) with data collection techniques, namely library research (library reseach) which focuses on secondary data.A doctor can be said to be negligent in carrying out medical actions if in carrying out his duties as a health servant is not in accordance with professional standards and standard operating procedures and the doctor does not act reasonably and carefully and results in defects / injuries and even death to other people (Patients). Based on three decisions, namely the District Court Decision, cassation decision and the Judicial Review Decision The protection that can be applied to doctors who make decisions on medical actions that can result in the death of the patient is if the doctor has worked in accordance with professional standards and standard operating procedures cannot be accounted for by the doctor

PERSOALAN KETERLIBATAN ORANG ASING DALAM SISTEM ADVOKASI NASIONAL DI INDONESIA DAN DI BEBERAPA NEGARA LAIN

Oleg Orlov — Thu, 01 Dec 2022 00:00:00 +0100

The process of research of the issue regarding involvement of foreigners in the provision of legal services in each country is related to research on the national law applicable in that country and international legal norms as well. In this article, the questions mentioned above will be considered based on the laws of the Republic of Indonesia in compare with several other countries regarding advocacy as legal assistance institution including the issue of the status of advocates, their rights and obligations, differences between the status of advocates and foreign advocates, rights and obligations of foreign advocates, involvement of foreign lawyers in litigation processes, law enforcement, their role as members of legal association or association of professional experts and various other issues. Because this article is a short and preliminary study, it is not possible to make full and complex research related to this question, but the purpose of this research is to provide an overview of the legal perspectives regarding the involvement of foreigners in national advocacy compared with some other countries and to show the similarities and differences with the same legal regulations presented in Indonesian Law.

The legal position prevailing in other countries can serve as the basis for the following research which explores the subject matter from a theoretical point of view and, as a practical goal, progressive things from the legal experience of other countries can serve as a starting point for perfecting national legislation in the future.

EFEKTIVITAS PENANGANAN KASUS PORNOMEDIA ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Azi Pratas Guspitu — Thu, 01 Dec 2022 00:00:00 +0100

The development of the use of communication and information technology has become the main means in matters relating to pornographic cases today, especially with regard to porn media, so that Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions is closely related to Law Number 44 of 2008 concerning Pornography. The purpose of this research are; 1) Analyzing the effectiveness of handling porn media cases from Law Number 44 of 2008 concerning Pornography in relation to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, and 2) Finding obstacles in handling of porn media cases is related to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.

The specifications of the research were carried out in a descriptive analytical manner, namely describing the applicable regulations related to legal theory, and their implementation regarding the problems studied. Method The approach uses normative juridical research which is research that examines and analyzes legal norms that have been set by the authorized official for that. The norms that become the object of the study include laws and government regulations. The conclusions of this study are 1) The effectiveness of handling porn media cases in terms of Law Number 44 of 2008 concerning Pornography, is still not able to effectively tackle porn media cases in the community, because law enforcers have not been able to see the importance of the law, due to violations immorality related to pornography is still not clearly defined. So that the effectiveness of handling online porn media cases must be related to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. 2) Obstacles in handling online pornographic cases from Law Number 44 of 2008 concerning Pornography are associated with Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, relating to juridical obstacles such as the absence of special legislation on cyber crime, and the authority of investigators to conduct searches on suspicions of using criminal, non-juridical tools, such as limited capabilities and the number of officers who master computer technology and lack of equipment, investigative processes and evidence.

PENEGAKAN HUKUM PENGGUNA NARKOTIKA DALAM PENCEGAHAN PENGULANGAN TINDAK PIDANA NARKOTIKA SETELAH REHABILITASI BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

M. Ewin Safrullah; Joko T. Suroso — Thu, 01 Dec 2022 00:00:00 +0100

This study describes and examines Law Enforcement Against Narcotics Abuse so that there is no repetition after rehabilitation based on Law Number 35 of 2009 concerning Narcotics. Narcotics have long been a major concern of various countries, including Indonesia, because they have a broad impact that can weaken the foundations of the country. Indonesia is the fourth most populous country in the world after China, America and India, with such a large population, Indonesia has become an international share of various commodities, including the illicit trafficking of narcotics. This study uses a qualitative approach, observing the object under study as the main instrument in collecting and analyzing data. In its development, narcotics are abused not only in the context of treatment or religious rituals, but are used to get sensations for the body, which can cause dangers in the form of addiction that can damage the wearer's body and soul. Narcotics abusers according to Article 1 paragraph (15), Law No. 35 of 2009 concerning Narcotics, states that abusers are people who use narcotics without rights or against the law. The dangerous impact of Narcotics is very detrimental, giving the initiative of countries in the world including Indonesia by classifying it as a crime in the applicable legislation. Basically Narcotics have benefits, namely in the fields of medicine and science, so that they are used properly and provide legal protection to law enforcement officers to limit the use of Narcotics, so as to reduce the impact of the dangers of Narcotics.