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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Marcella, Wa
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Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of the Criminal Act of Sexual Harassment by Medical Personnel in the Perspective of Progressive Law and the New Criminal Code Iwan Susilo, Ranny; Yustin, Hendriadi; Marcella, Wa; Togaraja Simanjorang, Alex; Santoso, Edy
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10620

Abstract

This study discusses the juridical analysis of the criminal act of sexual harassment by medical personnel from the perspective of progressive law and the New Criminal Code (KUHP). The case of sexual harassment by medical personnel in Garut in 2025 is the background for this study, which shows the abuse of power relations between medical personnel as the dominant party and the patient as the vulnerable party. This study aims to analyze how law enforcement of the case is reviewed from progressive legal theory and its conformity with the provisions of the New Criminal Code and the Sexual Violence Crime Law. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach, and is analyzed qualitatively. The results of the study show that although law enforcement has resulted in criminal verdicts and restitution for victims, the process is still influenced by the phenomenon of no viral, no justice, so it does not fully reflect substantive justice. Based on the progressive legal theory put forward by Satjipto Rahardjo, the law should not only be oriented to legal certainty, but also to the protection and recovery of victims as a whole. Therefore, it is necessary to strengthen the progressive legal paradigm in law enforcement in order to create a more responsive, humane, and just legal system for victims.
The Violation of the Dignity of the Advocate Profession in the Perspective of Deontological Ethics Immanuel Kant: A Philosophical and Juridical Study of the Phenomenon of "Lawyers at the Table" Togaraja Simanjorang, Alex; Marcella, Wa; Yustin, Hendriadi; Iwan Susilo, Ranny; RAS, Hernawati
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10591

Abstract

This study aims to analyze the violation of the ethics of the advocate profession which is metaphor as the phenomenon of "Lawyer at the Table" through the perspective of Immanuel Kant's deontological morality. The research uses normative legal research methods with legislative, conceptual, and philosophical approaches, and is analyzed qualitatively through literature studies. The results of the study show that the phenomenon reflects the crisis of moral obligations in the practice of the legal profession which is characterized by the dominance of instrumental rationality, the weak internalization of professional ethics, and the shift in professional orientation from moral obligations to pragmatic interests. Based on Kant's theory of deontology, these actions are contrary to the principle  of categorical imperative, especially the Universality Formula and the Humanity Formula, because they cannot be universalized as moral law and reduce human dignity and judicial institutions as a means of certain interests. This study also found that resolving violations of the ethics of the advocate profession is not enough through a disciplinary sanctions approach, but requires the reconstruction of professional ethics through the universalization of actions, respect for human dignity, and the internalization of universal moral obligations. The implications of the study confirm that Immanuel Kant's deontological theory is relevant as a philosophical foundation for establishing universal, rational, and justice-oriented standards of ethics for the legal profession.
Co-Authors Edy Santoso Hernawati RAS Iwan Susilo, Ranny Togaraja Simanjorang, Alex Yustin, Hendriadi