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Prinsip Kepastian Hukum Dalam Penyelenggaraan Rumah Sakit Di Indonesia Gustafianof, Gustafianof; Irham, Muhammad; Taufik, Iqbal
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13441

Abstract

Hospital administrators' services should be directed towards their goals, but in reality this is not always the case. For this reason, implementation behavior must be able to be measured through legal regulations. This article has discovered the principle of legal certainty for good hospital management in Indonesia. Using normative legal research methods, the principle of legal certainty in the administration of hospitals in Indonesia is found through division of labor by specializing the work of medical staff and corporate staff using the same methods and procedures which are guided by the principles: (1) Division clear work; (2) Condition factors of the community served; (3) humanitarian goals and equality before the law; (4) Hospital By Laws which are guided and based on and in accordance with the values ​​of Pancasila and the 1945 Constitution which consist of corporate by laws, medical staff by laws, Nurse By Laws and Other Health by laws, which have so far been only corporate by laws and medical staff by laws. These principles should be made positive, so that benefit and justice for all parties can be realized for the sake of legal certainty for better health services in hospitals in Indonesia.
Penyelesaian Penanganan Perkara Tindak Pidana Penyalahgunaan Narkotika Adoa, Rama; Sopacua, Margie Gladies; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2142

Abstract

Introduction: So far, rehabilitation sentences have been imposed for narcotics abuse through the mechanism of examination in court and through a judge's decision or judge's decision based on a Supreme Court Circular.Purposes of the Research: This writing aims to examine and analyze the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases and the Obstacles Faced in the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases.Methods of the Research: The type of research in this research is empirical juridical, in other words, it is a type of sociological legal research and can also be called field research, which examines the legal provisions that apply and what actually happens in society. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: The results of this study indicate that the implementation of the prosecutor's dominus litis principle in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney's Office, that the implementation of the Attorney General's Guidelines Number 18 of 2021 cannot be applied. From an internal point of view, the Attorney General's Office prefers to proceed with the prosecution stage for several existing narcotics cases. The obstacles faced in implementing the principle of Dominus Litis Prosecutors in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney. Which led to JA Guideline No. 18 and No. 11 has not been implemented at the Ambon District Attorney.
Building Ecological Awareness: Implementing Environmental Ethics and Sustainability in Indigenous Communities Through a Traditional Ecological Knowledge Approach Taufik, Iqbal; Mustika, Amalia; Hidayat, Arif; Kogoya, Willius; Sutiapermana, Aden
IJCS: International Journal of Community Service Vol. 3 No. 2 (2024): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v3i2.971

Abstract

Efforts to preserve the environment and sustainability on the island of Bali, especially in the Tenganan, Penglipuran and Trunyan Traditional Villages, through a traditional ecological knowledge approach. This program aims to increase ecological awareness and implement environmental ethics and sustainability in indigenous communities. Implementation methods involve surveys, education, training, program implementation, and evaluation. The results show that through comprehensive education and training, as well as the implementation of sustainable programs, communities can adopt environmentally friendly practices and preserve their traditional ecological knowledge. Program impact evaluation re-engages indigenous communities to obtain feedback, ensuring the program is sustainable and effective. In conclusion, this program succeeded in combining various approaches to create positive changes in behavior and attitudes towards the environment in Balinese traditional communities, as well as strengthening their traditional ecological knowledge.
Menguji Validitas Asas Praduga Tidak Bersalah Terhadap Tersangka Tindak Pidana terorisme Taufik, Iqbal; Muammar
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2024.v8.i2.p143-160

Abstract

This study aims to determine the validity of the presumption of innocence principle against perpetrators or suspected perpetrators of criminal acts of terrorism committed by law enforcement officials, especially Densus 88. This paper uses a statute approach and a conceptual approach. The results showed that the principle of presumption of innocence in handling criminal acts of terrorism is, in fact, still often ignored by law enforcement officials. Even the data obtained shows that several suspects/perpetrators have died during the legal process they underwent, as well as the actions of law enforcement officials who often commit acts that exceed limits and violate human rights. This principle needs to be implemented and strictly regulated in the Criminal Procedure Code as the master procedural law as well as in the law on the eradication of criminal acts of terrorism so that the strength and application of this principle increasingly get a place and position that can protect perpetrators/suspected perpetrators of criminal acts of terrorism.
Tinjauan Yuridis Pemberlakuan Pemberatan Pidana Terhadap Residivis Penyalahgunaan Narkotika Ramadhanti, Aghniya Erlita; Wadjo, Hadibah Zachra; Taufik, Iqbal
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13816

Abstract

ABSTRACT: There are serious concerns regarding drug abuse in Indonesia, which has spread to various levels of society. This phenomenon has also become a global concern due to its detrimental impact. Law No. 35/2009 on Narcotics is the legal basis that regulates supervision, control, and sanctions against perpetrators of narcotics abuse. However, there are cases of drug abuse recidivists, such as the case of Dedi Ismail Yusuf Manilet, which shows a discrepancy between law enforcement and existing regulations. Dedi, who is a recidivist offender of narcotics abuse in a period of less than three years, in the second verdict did not receive criminal aggravation in accordance with applicable regulations. The purpose of this research is to analyze and examine the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics and the reasons why the judge did not impose criminal aggravation on the defendant in court decision No. 145/PidSus/2022/PNAmb. The research method, the author uses normative juridical research based on the main legal material by examining the theories and laws and regulations related to this research. The results of this research can be concluded that the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics can be imprisoned for a maximum of 4 years depending on the class of narcotics and can be rehabilitated under certain conditions. The reason why the judge did not aggravate the punishment against the defendant in court decision number 145/Pid.Sus/2022/PN.Amb is that there were defects in the procedure for imposing criminal sanctions against the perpetrator starting from the police, the prosecutor's office who did not charge the perpetrator with criminal aggravation, then in the end the judge in deciding the case was in line with the prosecutor's demands and charges and in his decision the judge did not pay attention to the fact that the defendant was a recidivist and did not pay attention to the defendant's statement that he had used methamphetamine and marijuana which the defendant stated during the trial.
Kajian Viktimologi Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Mailoa, Mikhael Patric Jansen; Latupeirissa, Julianus Edwin; Taufik, Iqbal
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13819

Abstract

ABSTRACT: Persecution is an act against the law, so there are many actions that can be carried out by irresponsible people, where an act of covering up what happened can be in the form of torturing, thinking, etc. An act of drawing can occur intentionally or unintentionally so it can also result in the death of a human victim. For example, the transmission case that occurred in Masohi was a victim of a person with a mental disorder, where the suspect named Ancamali carried out the transmission to a person with a mental disorder and also burned the person with a mental disorder, resulting in the victim dying, so Ancamali received a prison sentence of 4 years and 6 months. The problem that the author can discuss is how to study the victimology of people with mental disorders (ODGJ) who are victims of abuse and how to deal with people with mental disorders who become human victims. This writing uses the Normative Juridical research type, with a statutory regulation approach, a conceptual approach and a case approach. The results of the research show that actions carried out by irresponsible people are mandatory and must be held accountable in accordance with applicable regulations, in article 338 of the criminal code which states "whoever deliberately takes the life of another person is threatened because murder with a maximum prison sentence of fifteen years.” as well as efforts to handle people with mental disorders who become human victims, can be done through preventive and repressive efforts.
Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak Alfons, Revalno; Titahelu, Juanrico Alfaromona Sumarezs; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2434

Abstract

Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.
Application of Restorative Justice In The Settlement of Customary Criminal Cases Salamor, Anna Maria; Titahelu, Juanrico Alfaromona Sumarezs; Ubwarin, Erwin; Taufik, Iqbal
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1259

Abstract

Introduction: Indonesia is a country with a variety of ethnic and cultural patterns, including race, language, and others. With diversity in each customary area, it has different rules and legal regulation because it has its own customs.Purposes of the Research: The purpose of this research is to find out the application of restoration justice in the settlement of customary criminal casesMethods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in societyResults of the Research:  The application of restorative justice as long as it does not conflict with positive law or customary law can be used in resolving customary criminal cases that occur as in Nua Nea Country and Akoon Country while upholding the customary values of their respective regions. the application of customary criminal punishment can provide a deterrent effect for perpetrators who make mistakes and do not repeat their actions again.
Penerapan Pasal 127 Undang-Undang Nomor 35 Tahun 2009 Terhadap Penyalahgunaan Narkotika Pada Proses Pemeriksaan Perkara Pidana (Studi Pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Manuputty, Gloria Imanuella; Taufik, Iqbal
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3018

Abstract

Introduction: Currently, Indonesia is experiencing the development of transnational crime distribution networks, one of which is narcotics crime. The crime of narcotics abuse is a big problem that often occurs among society and is a concern for the Indonesian nation today. Narcotics abuse is regulated in Law Number 35 of 2009 concerning Narcotics, such as one case of abuse committed by Arielson Radjawane alias Marsel. Marsel was arrested by the Ambon Island and Lease Island Narcotics Research Unit for allegedly carrying, possessing, storing or controlling marijuana. Marsel was given a prison sentence of two years and six months. Purposes of the Research: The aim of this research is to determine the handling of cases against perpetrators of narcotics abuse at the Ambon Island and Lease Island Police and to find out the basis for investigators in applying article 127 to narcotics abuse.Methods of the Research: The research method used is normative juridical, the research type is analytical descriptive with the legal materials used being primary, secondary and tertiary. The technique for collecting legal materials uses literature study, analysis of legal materials uses qualitative methods. Results / Findings / Novelty of the Research: The results of this research can be concluded that the handling of cases against perpetrators of narcotics abuse at the Ambon Island and Lease Island Police can be handled and given criminal sanctions based on the legal provisions of Article 127 of Law Number 35 of 2009 concerning Narcotics. And the application of article 127 of Law Number 35 of 2009 concerning narcotics is sufficient to provide a deterrent effect on abusers by subjecting the perpetrator to imprisonment or rehabilitation
Legal Education About Efforts to Resolve Domestic Violence Against Wives Sopacua, Margie Gladies; Taufik, Iqbal; Latumerissa, Denni
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.2483

Abstract

Introduction: Domestic violence, especially against wives, is a legal event that we often encounter in Indonesian society. Violence against wives that occurs in the household is not only experienced and found in the public sphere, but also very prevalent in the domestic sphere.Purposes of The Devotion: Providing Understanding to the Community, Community Service in Waipirit Village, Kairatu District, West Seram Regency, about Domestic Violence and efforts to resolve domestic violence crimes experienced by wives can be done using a restorative justice approach. Method of The Devotion: The method used is legal counseling to the community about efforts to resolve domestic violence crimes experienced by wives can be carried out using the Western restorative justice approach in Waipirit Village, Kairatu District, West Seram Regency.Results Main Findings of the Devotion: The implementation of Community Service activities  in Waipirit Village, Kairatu District, West Seram Regency,  can be found in efforts to resolve  domestic violence crimes experienced by wives can be carried out using a restorative justice approach where it provides opportunities for  parties  who are involved, especially the perpetrator and the victim, to participate in solving the case in such a way that the  role of the perpetrator and victim here only acts as witnesses when the case of violence is resolved by the police, especially in the Child Protection Law.