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Journal : MLJ Merdeka Law Journal

Peran dan Kendala yang dihadapi Jaksa dalam Melakukan Pengawasan Terhadap Pelaksanaan Putusan Pidana Bersyarat Ramadhoni, Arief; Suratman, Teguh; Anggriawan, Ferry
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11531

Abstract

One form of alternative punishment that is quite often used in developing criminal offenders is conditional punishment. Conditional sentences are decided by a court judge with conditions, namely that their implementation is supervised by an authorized officer, intended to improve the convict so that he is not influenced by prison subculture, conditional sentences are also intended to prevent the occurrence of crime. Based on the background of the problem above, this article aims to examine and analyze the role of prosecutors in supervising the implementation of criminal decisions and the obstacles faced by prosecutors in supervising the implementation of conditional criminal decisions at the Sampang District Prosecutor's Office. This research uses legal science research with empirical aspects or non-doctrinal legal research or socio-legal research with a descriptive qualitative research approach. The results of this research are the implementation of supervision of conditional criminal decisions carried out by prosecutors at the Sampang District Prosecutor's Office only by requiring convicts to report within a certain period of time (during the probation period), in addition to coordinating with the police, BAPAS and with the heads of the villages where they are located. the conditional convict's domicile for monitoring by sending a copy of the conditional sentence notification report letter (P-51). The obstacles faced by prosecutors at the Sampang District Prosecutor's Office in implementing supervision of conditional criminal decisions are; legal factors, law enforcement factors, facility factors and community legal culture factors.
Potret Penerapan Kebijakan dan Program Pengarusutamaan Gender pada Aspek Kualitas air di Instansi Pemerintah di Wilayah Malang Raya Kadek Wiwik Indrayanti; Ferry Anggriawan; Wika Yudha Shanty; Schuyler
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

The Brantas River area in Malang City, East Java, has experienced a decline in water quality due to domestic waste. Many residents living along the riverbanks rely on the river as a primary water source, despite the deteriorating environmental conditions. Therefore, an in-depth study is needed on the policies and programs implemented by various related institutions using the Gender Analysis Pathway (GAP). This study examines gender mainstreaming (PUG) policies and programs adopted by government institutions in Malang City, particularly in the areas of waste management and water quality, as well as the implementation of PUG within communities residing along the Brantas River. This research is classified as empirical legal research, as it evaluates the implementation of regulations, policies, and gender mainstreaming programs within relevant agencies. The findings indicate that: (1) The implementation of PUG programs within government institutions in Malang City has not been maximized, as each department carries out programs based on its specific duties and responsibilities. (2) The implementation of PUG within communities along the Brantas River has not been carried out, as evidenced by the lack of gender-related socialization from government agencies. Additionally, community needs, such as waste bins, have not been effectively communicated to the government. There is also a desire among residents to independently measure the quality of well water, but they lack the necessary knowledge to do so. The community has expressed a willingness to learn and conduct independent water quality assessments. (3) The challenges in implementing PUG at the community level are evident, as residents lack awareness and understanding of gender-related issues, making it difficult to develop programs using gender-based indicators.  Keywords: Policy, Gender Mainstreaming, Environment   
Analysis of Legal Uncertainty for Medical Personnel and Human Rights Violations in the Practice of Female Genital Mutilation in Indonesia Anggriawan, Ferry
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

Female genital mutilation is a practice permitted according to some Islamic legal norms and some customary laws in Indonesia, but this practice contradicts legal norms, including Article 102 letter a of Government Regulation No. 28 of 2024 concerning the Implementation of Law No. 17 of 2003 concerning Health, as well as Article 4 and Article 49 paragraph 2 of Law No. 39 of 1999 concerning Human Rights. From this background, the author attempts to analyze how legal certainty is analyzed for medical and non-medical personnel regarding the practice of female circumcision regulated in Article 102 letter a of Government Regulation No. 28 of 2024 concerning the Implementation of Law No. 17 of 2003 concerning Health, and how the analysis of female circumcision practices can be categorized as a form of discrimination against women according to Law No. 39 of 1999 concerning Human Rights. This research uses normative legal research with a case study approach and regulatory comparison to identify existing inconsistencies and legal gaps. The results of this study are that medical personnel performing female circumcision in Indonesia face legal certainty, being free from criminal sanctions, but are at high risk of facing severe professional disciplinary sanctions and civil lawsuits, as the practice contradicts national health policies and medical ethics. Furthermore, Article 4 of Law No. 39 of 1999 on Human Rights states that the state should guaranty protection for non-derogable rights, but the regulatory reality is that the state still allows this. The next conflict is found in Article 49 Paragraph (2) of Law No. 39 of 1999 on Human Rights. Fundamentally, this practice violates women's right to bodily integrity and health, so the state must provide clear legal certainty and protection to women, in line with the broader protection goals of the Human Rights Law.