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Journal : KEADILAN PROGRESIF

PEMBAHARUAN HUKUM PIDANA MENURUT RKUHP TAHUN 2018 TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DENGAN SISTEM REHABILITASI Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

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Abstract

Criminal Law Reform is an effort to form laws and regulations that are in accordancewith the conditions of the community, whose main goal is to achieve the ideals of Indonesia,namely not only regulating citizens through laws, but also creating peace and prosperitythrough state institutions that has the authority to make related regulations. The 2018Criminal Code (RKUHP) Draft has the goal of renewing sanctions imposed on perpetratorsof narcotics abuse with a rehabilitation system. Narcotics according to Law No. 35 of 2009concerning Narcotics is a substance or drug derived from plants both synthesis and semisynthesisthatcancauseadecreaseorchangeofconsciousness,lossofpainandcancausedependence.Regulations regarding sanctions for the penal system as outlined in the draftRKUHP 2018 are motivated by a number of basic ideas or principles, one of which is theidea of using a doubble track (between criminal and action) so that in the concept there areprovisions that are not in the Criminal Code currently in force, but one alternative criminalis the possibility of combining types of sanctions (criminal and action). In addition point 3 ofthe Supreme Court Circular No. 4 of 2010 regulates that rehabilitation in narcotic crimes iscarried out with integrated assessment, which consists of a team of doctors, namely doctorsand psychologists, a legal team, namely from the police, National Narcotics Agency (BNN),Prosecutors' Office and kemenkumham after issuing a recommendation that someone is aconcurrent user as a dealer or purely as an addict. Barriers to criminal law reformaccording to the RUHUHP 2018 against narcotics abusers with the rehabilitation systeminclude the RKUHP and Rubber Article that makes Narcotics Users sent to Prisons andnarcotics stigma is not a health problem
ANALISIS HUKUM PENYELENGGARAAN PRAKTIK PENGOBATAN TRADISIONAL DI BANDAR LAMPUNG Rissa Afni Martinouva; Aditia Arief Firmanto
KEADILAN PROGRESIF Vol 10, No 2 (2019): September
Publisher : Universitas Bandar Lampung (UBL)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The implementation of traditional medical practices is supported by several regulationsincluding the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerningOrganizers of Traditional Medicine and Law No. 36 of 2009 concerning Health. Thisresearch was conducted using the normative-empirical method. The study population wastaken by purposive sampling according to the research objectives. Data analysis in this legalanalysis research uses qualitative methods. The rules and conditions set for the managementof traditional medical practices in Bandar Lampung City are guided by PerMenKes No. 61 of2016 concerning Empirical Traditional Health Services, PP of the Republic of Indonesia No.103 of 2014 concerning Traditional Health Services and Decree of the Head of LampungProvincial Health Office Number 442 regarding Guidelines for Developing TraditionalHealth Services in Lampung Province in 2009. The resulting legal analysis is evident from 60respondents that there are 39 people or 65% already know that the traditional medicinewhere they seek treatment already have a permit, this will increase the confidence of patientsto seek treatment to a legal license. The results of the study of 60 patient respondents wereonly 3 people who were given health insurance by traditional medicine providers. While theremaining 57 patient respondents were not given health insurance by traditional medicineproviders. This proves that only 5% of traditional medicine dares to give health insurance totheir patients. Patients or people who seek treatment are basically entitled to healthinsurance in accordance with the legal basis for health insurance. The Bandar Lampung CityHealth Office has not optimally conducted supervision and education on traditional medicinein the Bandar Lampung City. It is hoped that the mayor's regulations will effectively regulatetraditional medical practices, preventive measures, and make patients more selective inchoosing health healing facilities.