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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Global Health Management Journal Indian Journal of Forensic Medicine & Toxicology Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Jurnal Jurisprudence
Pujiyono
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Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health

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 1 
Legal Protection of Nurses in Medical Action on the Basis of Delegation of Doctors Reny Suryanti; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15913

Abstract

This study aims to determine the legal protection of nurses in performing medical actions on the basis ofan abundance of doctors. This study uses a sociological juridical approach by examining what is behindthe appearance of the application of laws and regulations. The type of data used is primary data, namelyresearch conducted directly in the community in the Bengkulu City General Hospital and secondary datais data obtained from a review of the literature, and analyzed by qualitative methods. The results showedthat nurses in Bengkulu City Hospital received protection from the hospital as long as the nurse carried outtheir duties in accordance with service standards, professional standards and standard operating procedures.The Indonesian National Nurses Association (PPNI) in Bengkulu City also provides legal protection in theform of defense and assistance as long as the nurse is registered as a member of the PPNI. Meanwhile, thecriminal responsibility of nurses in carrying out medical actions on the basis of the abundance of doctors inthe Bengkulu City Hospital has not been clearly regulated, because there has not been a written delegationof authority from doctors to nurses in carrying out medical actions. Pursuant to Article 55 and Article 56 ofthe Criminal Code, if it is proven that what a nurse has done on an abundance of doctors is a criminal act(offense), the nurse can be punished as the perpetrator (pleger), and the doctor as the one who ordered it.
Implementation of the Criminal Justice System for Persons with Disabilities Taufik Hidayat; Mahrus Ali; Arief Hidayatullah Khamainy; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15997

Abstract

The criminal justice system is built on the ideology of normality, a perspective that all people are physically and intellectually normal. Consequently, the process of investigation, prosecution and examination in court proceedings is only aimed at and designed for those who are normal. The existence of persons with disabilities has become marginalized and even forgotten. The rights of persons with disabilities are often violated both when they are perpetrators and witnesses/victims of criminal acts. In order for the criminal justice system to be pro for them, the medical approach should be abandoned and replaced with a social approach. Here what is needed is what the law enforcers need to fulfill at each stage of the criminal justice so that persons with disabilities have the right to a fair criminal trial. A profile assessment is necessary to determine the character, barriers and needs of persons with disabilities in the early stages of the criminal justice process.
The Role of Human Rights in Shaping Asia-Pacific Policies and Strategies: A Criminal Law Perspective Mikhael Feka; Pujiyono; R.B Sularto; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 2 (2024): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i2.15967

Abstract

The Asia-Pacific region, with its complex cultural, social, and political diversity, faces significant challenges in integrating human rights into criminal law policies and strategies. This study aims to analyze the role of human rights in shaping criminal law policies and strategies in this region, focusing on the protection of the rights of the accused, the right to a fair trial, and the protection of crime victims. The background of this research is the increasing global pressure on Asia-Pacific countries to implement international human rights standards within their criminal justice systems, amidst the diverse legal systems present in the region. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The findings indicate that, despite significant efforts to adopt human rights standards, challenges such as political instability, economic disparities, and differing legal traditions remain major obstacles. Additionally, the study finds that the implementation of restorative justice principles could be an effective solution to enhancing human rights protection within the context of criminal law in the Asia-Pacific region. Overall, this study concludes that, despite the complex challenges, strengthening international cooperation and commitment to the rule of law can better facilitate the integration of human rights into criminal law policies and strategies in the Asia-Pacific region. The findings provide crucial recommendations for policymakers and legal practitioners in their efforts to create a more just and humane criminal justice system.
Kebijakan Reforma Agraria Pasca Lahirnya Bank Tanah Indri Asra Ismanto; Pujiyono; Hari Purwadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In Indonesia, Landeform is a problem that cannot be resolved well. The existence of the Government Regulation of Indonesia Number 64 of 2021 concerning the Land Bank which contains content of Landreform in it. This research will analyze the policies and linkages of Landreform after the existence of the Land Bank. This research uses normative juridical research methods, with a statute approach and library research data collection techniques. This research indicate that the goal of Landreform achievment are to decrease inequality in land ownership in order to create justice and create people's welfare through proportional control of land ownershiop, while the goal of the Land Bank refers to procurement of land for the economy and investment which focuses on country growth and country profits, even though one of the land bank’s purpose is for Landreform, the purpose of Land Bank are too many and non-specific covering public and private interests, so a balance is needed in the implementation of the Landreform.
Navigating the Legal Minefield: The Impact of Articles 27A and 27B of Indonesia's EIT Law on Freedom of Expression and the Path to Legal Reform Feka, Mikhael; Pujiyono; Sularto, R.B.; Pareke, JT.
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.19116

Abstract

President Joko Widodo (Jokowi) officially approved the second revision of Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (EIT) on January 4, 2024, reflecting the government's effort to align regulations with the rapid development of information and communication technology. While this revision introduces significant changes, particularly Articles 27A and 27B regulate actions that attack a person's honor or reputation. The public views it as a missed opportunity to eliminate existing ambiguities and potential misuse. This research employs normative legal methods with statutory, conceptual and comparative approaches, adopting a descriptive-prescriptive nature. The analysis reveals that the unclear definitions and potential for multiple interpretations of Articles 27A and 27B negatively impact freedom of expression, creating fear and uncertainty among the public, journalists, and government critics. Furthermore, these provisions violate fundamental human rights principles and contradict the 1945 Constitution and the values of Pancasila, which uphold freedom of expression and social justice. Therefore, while this revision reflects an effort to address the challenges of the digital era, further revisions are necessary to ensure that the law not only meets the needs of law enforcement but also protects human rights, freedom of expression, and remains consistent with the 1945 Constitution and Pancasila. This will prevent the law from becoming a tool for suppressing critical voices and journalistic investigations, which are essential to a healthy democratic society.  
Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice Pratiwi, Rizky Ika; Pujiyono; Budi Ispriyarso
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June (2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.14714

Abstract

Corruption is a global challenge that crosses national borders and various sectors of development. This act of corruption is not only a threat to economic stability, but also becomes an obstacle in achieving sustainable development. The state has a responsibility to fulfill the rights to basic community needs in the context of public services. The Indonesian government, as mandated by the Constitution of the Republic of Indonesia regarding public services, has an obligation to build public trust in accordance with the demands and expectations of the community. This article discusses the problem of how the Prosecutor's Office attempts to recover state financial losses by perpetrators of criminal acts of corruption and the concept of recovering state financial losses based on the values ​​of welfare and justice. The method used in this writing is a normative research method. The results of this research are the efforts that can be taken by the Prosecutor's Office of the Republic of Indonesia to recover state financial losses caused by criminal acts of corruption, which can be started at the investigation stage. So that the implementation of a punishment based on the values ​​of welfare and justice will provide benefits to the state structure and improve the welfare of the Indonesian nation.
Legal Compliance of Acehnese Muslim Society in Technological Disruption Era: Study of Online Gambling and Prostitution Helmi, Muhammad Ishar; Pujiyono; Khamami; Hidayat, Asep Syarifuddin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i1.15373

Abstract

Technological developments have significantly impacted the legal culture of Acehnese Muslim society, particularly through the rise of online gambling and prostitution. As a region with special autonomy to implement Islamic law, Aceh enforces the Qānūn Jināyah based on Sharia principles. However, the increasing accessibility of digital platforms has facilitated immoral practices, challenging both legal enforcement and cultural norms. This study aims to analyze: (1) Aceh law enforcement in facing the rise of new criminal cases, namely online gambling and prostitution, and (2) Challenges and opportunities to maintain legal compliance amidst technological development. Using a socio-legal approach with qualitative methods, the research collected primary data through interviews with law enforcement officials, community members, and individuals involved in technology-based crimes. The findings reveal that despite the existence of Sharia-based laws, enforcement remains ineffective due to social, economic, and institutional limitations. Applying Lawrence Friedman’s legal system theory—substance, structure, and culture—the study concludes that while the legal framework is in place, societal support and institutional consistency are lacking. This research contributes to the discourse on Islamic law enforcement in the digital era and highlights the urgency of policy reform to address technology-based crimes more effectively within Sharia frameworks.
Selective abortion after preimplantation sex selection: An ethical and legal issue in Indonesia Pujiyono; Budiyanti, Rani Tiyas
GHMJ (Global Health Management Journal) Vol. 2 No. 2 (2018)
Publisher : Yayasan Aliansi Cendekiawan Indonesia Thailand (Indonesian Scholars' Alliance)

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Abstract

Background: The emerging of sex selection technology in Indonesia is sperm sorting, meanwhile sex selection with Preimplantation Genetic Diagnosis (PGD) methods is not widely used. The use of sperm sorting has bigger chance to fail than PGD, thus potentially cause ethical and legal problems that is selective abortion during pregnancy. The potency for selective abortion is enlarged by Indonesian law that permitting sex selection without distinction of medical and non-medical reasons. There is no special policy to regulate the selective abortion because of sex selection failure.Aims: This study aims to find out the legal concept of selective abortion after preimplantation sex selection that appropriate to be applied in Indonesia.Methods: This research is normative research that use analytics method with legal approach and conceptual approach. The research material consists of primary legal material (legislation about sex selection and abortion in Indonesia), secondary legal materials (legal journals, law books, and legal proceedings), and also non-legal materials (journals, books, and health proceedings about sex selection and abortion).Results: In Indonesia meanwhile in general, abortion is permitted for pregnancy with medical indication and rape victim. Through a statue approach in Indonesia, selective abortion after preimplantation sex selection can be implemented for strong medical reasons. While the failure for non-medical reasons can't be aborted. This regulation contrary with ethics, morals and religion. Selective abortion should not be done because of preimplantation sex selection failure either medical or non-medical reasons.Conclusion: Selective abortion after preimplantation sex selection both medical and non medical reason contrary with moral, ethical, and religion. Indonesia needs to regulate further policy about selective abortion if there is a failure of preimplantation sex selection. Received: 28 March 2018, Reviewed: 29 April 2018, Received in revised form: 24 May 2018, Accepted: 27 June 2018. DOI: https://doi.org/10.35898/ghmj-22196
Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December (2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Constitutional Court Decision Number 23/PUU-XIX/2021: Analysis of Judges' Considerations Is It Permissible to Take Cassation Against Decisions to Postpone Debt Payment Obligations? Yitawati, Krista; Pujiyono; Adi Sulistiyono
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1039

Abstract

ABSTRACT Purpose: This study aims to analyze the impact of the Constitutional Court's Decision Number 23/PUU-XIX/2021 regarding the permissibility of cassation in the Suspension of Debt Payment Obligations (PKPU). Methodology: The research method used by the researcher was a normative research method by reviewing statutory regulations and related legal materials. Results: The judge's consideration in the Constitutional Court's Decision Number 23/PUU-XIX/2021 is the permit of a cassation legal action against the decision on PKPU submitted by the creditor and the rejection of the offer of reconciliation from the debtor so that the court's decision on the PKPU application submitted by the creditor can be corrected as part of the control mechanism over court decisions at lower levels. However, with this decision, it is necessary to immediately issue implementing regulations regarding the mechanism for submitting PKPU and to control the good faith of creditors, so they do not actually injure. This is because the existence of debtors becomes a part of business actors playing a role in maintaining economic stability, so business continuity is sustained and is not misused. That being said, the legal certainty of the PKPU instrument can definitely be realized in accordance with the spirit of Law 37/2004, which is to provide legal protection for business actors. Applications of the study: It is expected that the legal certainty of the PKPU instrument can definitely be realized in accordance with the spirit of Law Number 37 of 2004, which is to provide balanced legal protection between debtors and creditors. Novelty/Orginalty of this study: This research is conducted due to the decision of the Constitutional Court Number 23/PUU-XIX/2021 that has recently been issued, the author analyzed the impact of the issuance of the decision on creditors and debtors. Keywords: Judges' Considerations, Decisions, Constitutional Court, PKPU
Co-Authors Adi Sulistiyono Arief Hidayatullah Khamainy Asep Syarifuddin Hidayat, Asep Syarifuddin Budi Ispriyarso Feka, Mikhael Fernando, Zico Junius Fikri, Wildan Azkal Hari Purwadi Indri Asra Ismanto Irma Cahyaningtyas Khamami Mahrus Ali Mikhael Feka Muhammad Azil Maskur Muhammad Ishar Helmi, Muhammad Ishar Nyoman Serikat Putra Jaya Pareke, JT. Pratiwi, Rizky Ika R.B Sularto Rani Tiyas Budiyanti Reny Suryanti Sularto, R.B. Taufik Hidayat Yitawati, Krista Zadataqi, Faikar Sir