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All Journal Nagari Law Review Unes Law Review Lex Lata: Jurnal Ilmah Ilmu Hukum Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks UNES Journal of Swara Justisia Delicti : Jurnal Hukum Pidana Dan Kriminologi Southeast Asian Journal of Victimology
Edita Elda
Universitas Andalas
Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Euthanasia Dalam Perspektif Hukum Pidana Indonesia Habibiellah Huda; Ismansyah, Ismansyah; Edita Elda
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1956

Abstract

The increasing development of technology in the health sector has led to many new things that can be done, one of which is euthanasia which is often debated in Indonesia and around the world. Euthanasia comes from the words "eu" which means good and "thanatos" which means to die, so euthanasia means to die well. Euthanasia is a very complex and complicated problem so there are parties who are for and against euthanasia. On the one hand, euthanasia causes the loss of a person's suffering because they cannot tolerate the disease they are suffering from. However, on the other hand, euthanasia causes the loss of a person's life and violates the principles of human rights. Regulations related to this matter have not been specifically regulated in Indonesian positive law. This research aims to determine euthanasia regulations from the perspective of Indonesian criminal law, euthanasia in international regulation and comparisons with other countries, as well as the reasons why euthanasia is prohibited in Indonesia. The research method used is normative legal research. The research results show that the regulation of euthanasia from the perspective of Indonesian criminal law is contained in Article 344 of the Criminal Code and Article 461 of the new Criminal Code for active euthanasia, while for passive euthanasia it is contained in Article 304 of the Criminal Code and Article 428 paragraph (1) of the new Criminal Code. In international regulation, euthanasia is not specifically regulated, but in the Declaration of Human Rights and the International Covenant on Civil and Political Rights euthanasia is contrary to the right to life, while the right to die is not regulated therein. From a comparison of 6 countries, there are countries that prohibit euthanasia, namely Indonesia, America, England and China, while the Netherlands and Germany allow euthanasia. The underlying reasons why euthanasia is prohibited in Indonesia are in the aspects of religion, positive law, court decisions, health law and human rights.
Specificity of The Pornography Law Over The Electronic Information and Transactions Law on Cyberporn Criminal Acts Via Whatsapp Telecommunication Utama, Ghenta Werdana; Elda, Edita
Southeast Asian Journal of Victimology Vol 3, No 1 (2025)
Publisher : Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sajv.v3i1.34184

Abstract

Currently, there are still a lot of and rampant dissemination of pornographic content through social media, especially through whatsapp as happened in decision number 200/Pid.Sus/2022/Pn.Jmb which befell a female victim against the dissemination of the victim's personal video carried out by her own boyfriend which resulted in the victim feeling ashamed of it, there are 2 (two) rules specifically regulating cyberporn crimes, namely the Pornography Law and the ITE Law. The formulation of the problem of this study is How is the proof in the case of the decision Number 200/Pid.Sus/2022/PN.Jmb? Based on the results of the research, there are 2 (two) laws that are specific in regulating the spread of pornography in electronic media or cyberporn, the principle of systematic lex specialist is needed in its application. In the context of dissemination through electronic media, such as in Decision Number 200/Pid.Sus/2022/PN.Jmb, the ITE Law is more relevant to ensnare perpetrators in terms of the use of electronic media in the distribution of content that violates morality. In addition, there is also evidence in the form of 6 (six) sheets of pornographic photo screenshoots and 1 flash disk containing pornographic videos as valid evidence according to Article 5 Paragraph (1) of the ITE Law. Decision Number 200/Pid.Sus/2022/Pn.Jmb the judge used the Pornography Law because it meets the elements of Article 4 Paragraph (1) of the Pornography Law. According to the author, the application of the Pornography Law is not appropriate because dissemination through social media and electronic evidence is more specifically regulated in the ITE.
Co-Authors Anak Agung Gede Sugianthara Anggun Lazuardi Aria Zurnetti, Aria Dea Tri Afrida Efren Nova Eli Ratni Elwi Danil Farras Audia Raihany Ferdi Ferdi Habibiellah Huda Ismansyah Ismansyah Muhammad Idris Shinta Agustina Utama, Ghenta Werdana Virtuous Setyaka Yoserwan Yoserwan