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Euthanasia From the Perspective of Criminal Law and Human Rights Arthawidjaja, I Gusti Lanang; Muhibbin, Moh.; Parmono, Budi
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 10 (2025): : JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i10.4791

Abstract

With the development of technology and science in the medical field, death does not always occur suddenly; instead, it can occur according to plan. Such an act, defined as the killing of a person at a predetermined time and place, is called euthanasia. This practice remains controversial and has not been adequately resolved by various parties. This study aims to analyze euthanasia from the perspective of human rights and criminal law applicable in Indonesia. The research method employed is a normative theoretical approach, encompassing primary, secondary, and tertiary legal materials. The findings of this study indicate that euthanasia, as regulated in Indonesian society, disregards an individual's right to life and is, therefore, not permitted. Although euthanasia is not explicitly recognized in Indonesian law, several provisions could potentially criminalize it, such as Articles 344 and 345 of the old Criminal Code or Kitab Undang-Undang Hukum Pidana (KUHP) and Articles 461 and 462 of the new KUHP. The process of legislation and legal reform, particularly concerning euthanasia, must continue to be guided by Pancasila and the 1945 Constitution of the Republic of Indonesia, while also considering the religious and cultural norms prevailing in Indonesian society.
Legal Review of the Process of Handling Cases of Sexual Violence Against Children Utama, Bobby Edwan Ramnissa; Hidayati, Rahmatul; Parmono, Budi
Journal La Sociale Vol. 6 No. 6 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i6.2478

Abstract

This study aims to examine and analyze the handling of cases of sexual violence against children from a positive legal perspective, focusing on the implementation of legal procedures at the Batu Police Department. The method used is normative juridical, with a statutory and conceptual approach. The primary data sources consist of primary legal materials, such as the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Law Number 11 of 2012 concerning the juvenile criminal justice system. Secondary legal materials were obtained from academic literature, scientific journals, and relevant law enforcement documents. The results of the study indicate that normatively, the handling of cases of sexual violence against children is clearly regulated through laws and regulations that require maximum protection for child victims, including in investigations, special treatment during examinations, and the fulfillment of victims' rights. However, in practice at the Batu Police Department, law enforcement still faces various challenges, such as limited investigative resources, minimal psychological support, and a lack of understanding of the victim's perspective. Furthermore, the legal process still does not fully comply with the principles of restorative justice mandated by the latest regulations. This study recommends improving the capacity of investigators through gender-sensitive and child protection training, strengthening synergy between the police, child protection agencies, and supporting agencies, and ensuring ongoing oversight of the case handling process to ensure optimal protection of child victims' rights at every stage of the legal process.