Juhari
Universitas 17 Agustus 1945 Semarang

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Complaint-Based Offenses In Sexual Offenses Under The National Criminal Code: Implications For Victim Protection Sandi Yoga Pradana; Sri Rahayu Lestari Pade; Juhari; Nining Suningra; Nopiana Mozin
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) April 202
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i2.9919

Abstract

The reform of Indonesia’s national criminal law through the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces significant changes in the regulation of criminal offenses, particularly within the domain of morality-related crimes. One of the most notable developments is the reclassification of certain offenses into complaint-based crimes, which were previously treated as ordinary offenses. This policy shift is grounded in the intention to better respect individual privacy, human dignity, and the autonomy of victims in deciding whether a case should proceed through legal channels. At the same time, it reflects the state’s effort to limit excessive intervention in the private sphere of citizens. Nevertheless, the implementation of complaint-based offenses in morality-related crimes presents a number of challenges. In practice, this mechanism may hinder victims’ access to justice due to various factors, including social pressure, stigma, unequal power relations, and economic dependence on the perpetrator. This study aims to comprehensively examine the concept of complaint-based offenses in morality crimes under the new Criminal Code and to analyze its implications for victim protection. This research employs a normative legal method using both statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that while complaint-based offenses provide victims with greater control over legal proceedings, they also pose risks of injustice, particularly for vulnerable groups such as women. Therefore, strengthening legal policies, improving victim assistance mechanisms, and adopting a more victim-oriented approach are essential to achieving substantive justice.
Legal Consequences for Health Workers who Exceed Authority in Medical Services Sumartini Dewi; Sri Setiawati; Juhari
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i2.7217

Abstract

This article examines the legal implications that healthcare professionals may encounter when they overstep their authorized scope in delivering medical services. Such occurrences are relatively common in Indonesia’s healthcare system, where doctors, nurses, and other medical personnel often act beyond their prescribed authority. Various factors, including lack of awareness, insufficient training, and the pressure to complete tasks quickly, may contribute to these actions. The purpose of this paper is to analyze the legal repercussions for healthcare professionals who exceed their authority and to provide a deeper understanding of the regulations governing the professional authority of healthcare providers in Indonesia. It is hoped that this article will offer valuable insights and enhance healthcare professionals’ understanding of the importance of adhering to legal guidelines in medical practice.
Cybercrime and Law Enforcement Challenges in the Era of Criminal Law Digitalization Juhari; Sunarto; Zabidin
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) October 2
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8939

Abstract

The rapid advancement of information technology in the digital era has brought significant convenience to various aspects of human life, yet it has also given rise to new forms of criminal behavior known as cybercrime. This phenomenon encompasses a wide range of unlawful acts such as hacking, data theft, online fraud, and the dissemination of false information, all of which can cause serious social and economic harm. Such developments demand a legal system that can adapt to the dynamic, borderless, and often untraceable nature of cyberspace. This article aims to describe the various types of cybercrimes emerging in Indonesia, analyze the key challenges in law enforcement, and propose strategic measures to strengthen the effectiveness of their handling. The study employs a qualitative method with a normative juridical and descriptive-analytical approach through the examination of relevant literature, legal frameworks, and national research findings. The results indicate that law enforcement against cybercrime in Indonesia faces several obstacles, including regulatory gaps that fail to keep pace with technological progress, limited resources among law enforcement personnel, the complexity of digital evidence, and weak inter-agency and cross-border coordination. Therefore, it is essential to harmonize existing regulations, enhance the technical capacity of law enforcement officers, foster effective international cooperation, and promote public education on digital security to ensure that the national criminal justice system can respond comprehensively and adaptively to the challenges of digitalization.