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Tindak Pidana Peredaran Pemalsuan Obat Berdasarkan Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan Sabrina Siahaan; Sonya Airini Batubara; Noel Yoga Panggabean
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 1 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) Agustus
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (48.369 KB) | DOI: 10.34007/jehss.v3i1.221

Abstract

The purpose of this research is to find out about the Regulations for the Crime of Drug Counterfeiting According to Law Number 36 Year 2009 concerning Health, How is the Responsibility for the Crime of Drug Counterfeiting According to the Criminal Code and Law Number 36 Year 2009 Regarding Health and Obstacles That Become BPOM's Obstacles in Handling Drug Counterfeiting Crime. Methods This type of research in writing this thesis uses normative juridical research. The data of this study are secondary data, the collection technique is aligned with the nature of the research. The nature of the research is normative legal research and research is analyzed qualitatively, meaning that the existing data is analyzed in depth, holistically and comprehensively. The conclusion of this research is that the regulation regarding the criminal act of drug counterfeiting in the Indonesian Criminal Code Article 386 Paragraph (1) is prohibited from selling, offering or delivering drugs known to be counterfeited, with a maximum imprisonment of 4 (four) years. Law Number 36 Year 2009 Concerning Health, namely Article 196, Article 197, Article 198, Article 199, Article 201. Law Number 36 Year 2009 Concerning Health, criminal responsibility lies with the individual or the person, the criminal responsibility is given to the form of a fine 3 ( three) times the penalty is imposed, as well as additional penalties in the form of administrative sanctions. The constraints faced are the intensity of supervision, lack of compliance with procedure requirements, limited human resources, limited laboratory testing equipment.
PENGANCAMAN BERUPA PUNGUTAN LIAR PADA PELAKU USAHA (Studi Putusan Nomor : 1791/PID.B/2015/PN MDn) Sonya Airini Batubara; Immanuel R C S Pelawi; Lina Wati
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5764

Abstract

The development of today's era greatly affects the development of people's behavior. At present, moral and economic issues are some examples of the problems faced by our nation which ultimately lead to many crimes, such as illegal levies which are certainly very disturbing to the community. Not only do levies unofficially but also threats and violence using sharp weapons to parties who are in a weak position because of an interest. That is why illegal levies (extortion) lead to acts of extortion mentioned in the criminal law book. The Criminal Code actually regulates several crimes that can be imposed on perpetrators of extortion, one of which is Article 368 paragraph (1) which regulates extortion and threats for which the sentence is nine years. Synergy in law enforcement against extortion is highly expected for the sake of creating security in society, especially business actors.
Analisis Hukum terhadap Hukuman Kebiri Bagi pelaku Kekerasan Seksual Terhadap Anak Berdasarkan Peraturan Pemerintah No. 70 tahun 2020 Sonya Airini Batubara; Cindy Cynthia Leoni; Ferry Salim; Frans Deo Fanny Sinaga
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 1 (2023): Februari
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i1.2804

Abstract

Chemical castraction is done by injecting a person’s body containing chemical compuds in the form of anti-androgens so that production of the hormone testosterone decreases, so that sexual desire decreases. In the medical world, the hormone testosterone is a hormone that is very functional for male sexuality, if these chemical compounds enter the male vital organs, the compunds block the braind grlands so that no longer produce testosterone, and can reduce libido. The perpetrator of the first castraction sentence in Indonesia is Muhammad Aris he is 20 years old and has raped nine minors. Aris was sentenced to imprisonment for 12 years on May 2, 2019. With this incident, researchers are interested in citing the Legal Analysis of Sentce of Castraction for Perpetrators of Violence Againts Children Based on Government Regulation No. 70 of 2020. Formulation of the problem How to apply caism or castraction punishment in Indonesia in acts of violence Criminal acts of Violence Againts Children based on PP/70/2020 related to Chemical Castraction Methods, Placement of Electronic Detection Devices, Healing and Identity Development of Sexual Perpetrators against children? The Perspective of Human Rights (HAM) in the law of castraction against predators of child sexual violence based on PP/70/2020 regarding Methods of Implementing Chemical Castraction, Placement of Electronic Detection Devices, Healing, and Announcement of the Identity of Perpessstrators of Violence against children. The theory used in this paper is the theory of legal protection of legal legal protection. Research conducted by Library Research, using the inductive deductive method, the concludions drawn are correct. Based on the research conducted, it is known that chemical castration is by injecting it into the human body to reduce or even lose lust. These actions certainly violate human nature and make the perpetrators actually become termonted. The validity of the sentence is considered to have no humanity because it has violated the perpetrator. Legal expert, helath expert, and human rights activist support the law because sexual.
PENEGAKAN HUKUM TERHADAP PELANGGARAN PROTOKOL KESEHATAN YANG DILAKUKAN MASYARAKAT PADA MASA PANDEMI COVID-19 DI MEDAN NOMOR: 65/PID.C/2021/PN MDN. Sonya Airini Batubara; Sandro Oliver J. Simatupang; Yolanda Munthe; Andrew Defv Pelawi; Roy Agrifa Perangin Angin; Fitriani Fitriani
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 5 No 1 (2023): EDISI BULAN JANUARI
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v5i1.2933

Abstract

Dalam mengurangi tingkat kriminalitas perlu adanya penegakan hukum di Indonesia demi menciptakan lingkungan yang kondusif. Maraknya pelanggaran hukum yang terjadi terutama selama pandemi COVID-19 menyebabkan banyak kerugian mulai dari materi hingga nyawa. Tujuan penelitian untuk mengetahui upaya lembaga penegak hukum dan sanksi yang diberikan terhadap pelanggar protokol kesehatan selama COVID-19. Metode yang digunakan dalam penelitian hukum ini adalah analisis sumber hukum tertulis yang bersifat deskriptif. Dengan memperoleh hasil bahwa masih banyak orang yang tidak mengikuti protokol kesehatan pada keramaian di tempat-tempat yang ramai hingga larut malam. Upaya satgas melakukan sosialisasi serta pemberian peringatan keras terhadap pelaku pelanggar protokol kesehatan. Satgas COVID-19 telah melakukan peringatan keras terhadap pelaku usaha di kawasan Medan Metropolitan Trade Center (MMTC) yang ditemukan terdapat pengunjung yang tidak mengikuti protokol kesehatan serta penuh, yaitu berupa penutupan kafe sementara
Law Analysis Againt Calculatory and Children’s Crimension Under Age of Decision No. 19/Pid.sus/2016/PN.Slw Sonya Airini Batubara*; Hendrianto Hendrianto; Ridho Nanda Wahyudi; Satizaro Harefa
Riwayat: Educational Journal of History and Humanities Vol 6, No 1 (2023): Economic History, Education Media, and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i1.28952

Abstract

Abuse is a crime against decency. Where the obscene act not only occurs in adults but also occurs in minors. The perpetrator of the crime of sexual abuse against minors can be committed by someone both against women and men. Sexual abuse or abuse of children is not only regulated in the Criminal Code but also regulated in more specifically regulated in Law No. 35 of 2014 on Child Protection in Articles 81 and 82 which states that: the punishment for perpetrators of sexual crimes against children is at least 5 years and a maximum of 15 years in prison and a minimum fine of Rp. 5,000,000,000.00 (five billion rupiah, While other punishments according to the Criminal Code articles 287 and 292 mention that the sentence period against the perpetrator of child abuse is a maximum of 9 years (article 287) and a maximum of 5 years (article 292). From the background and general review of the criminal acts of abuse and violence against minors, then the formula of the problem is how to account for criminal abuse and violence against minors based on the verdict No.19 / Pid.sus / 2016 PN.Slw and what about the legal protection of victims of criminal acts of abuse and violence against minors. In answering the formulation of the problem, then this study uses normative juridical research methods. 
Law Analysis Againt Calculatory and Children’s Crimension Under Age of Decision No. 19/Pid.sus/2016/PN.Slw Sonya Airini Batubara*; Hendrianto Hendrianto; Ridho Nanda Wahyudi; Satizaro Harefa
Riwayat: Educational Journal of History and Humanities Vol 6, No 1 (2023): Economic History, Education Media, and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i1.28952

Abstract

Abuse is a crime against decency. Where the obscene act not only occurs in adults but also occurs in minors. The perpetrator of the crime of sexual abuse against minors can be committed by someone both against women and men. Sexual abuse or abuse of children is not only regulated in the Criminal Code but also regulated in more specifically regulated in Law No. 35 of 2014 on Child Protection in Articles 81 and 82 which states that: the punishment for perpetrators of sexual crimes against children is at least 5 years and a maximum of 15 years in prison and a minimum fine of Rp. 5,000,000,000.00 (five billion rupiah, While other punishments according to the Criminal Code articles 287 and 292 mention that the sentence period against the perpetrator of child abuse is a maximum of 9 years (article 287) and a maximum of 5 years (article 292). From the background and general review of the criminal acts of abuse and violence against minors, then the formula of the problem is how to account for criminal abuse and violence against minors based on the verdict No.19 / Pid.sus / 2016 PN.Slw and what about the legal protection of victims of criminal acts of abuse and violence against minors. In answering the formulation of the problem, then this study uses normative juridical research methods. 
OVERVIEW OF WOMEN'S LEGAL ANALYSIS AS A CRIMINAL ACT OF DRUG CIRCULATION IN MEDAN CITY Sonya Airini Batubara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5756

Abstract

Medan as the third largest city in Indonesia, which is where the spread of narcotics illicit trafficking cases often occurs, making the city of Medan the largest recipient of narcotics illicit trafficking cases in Indonesia, this causes women to be involved in narcotics illicit trafficking crimes which have violated the noma and decency from women. The law enforcement officers, in this case the National Narcotics Agency of North Sumatra Province, are active in carrying out their duties and authorities in eradicating and preventing women in North Sumatra, especially in the city of Medan. The results of this study use the nature of quantitative research and normative juridical methods and are strengthened from empirical juridical, which examines scientific material, legislation, and conducting research or mini-research at the Medan Women's Class II A Prison and the BNNP SUMUT. The results showed that the number of cases of illicit narcotics trafficking that arose among women in the city of Medan was caused by economic factors and local environmental factors. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit drug trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit narcotics trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit narcotics trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan.
Mediation as an Alternative to Legal Dispute Resolution in Health Services in Hospitals Thimothy Aryadi Perangin-Angin; Lamria Sintia Silaban; Sonya Airini Batubara; Jusnizar Sinaga
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3898

Abstract

This research aims to analyze the role of mediation as a method of medical dispute resolution in Indonesia, which is seen as more effective, fair, and cost-effective than the litigation process. This research uses a normative legal method with a descriptive-analytical approach to identify legal principles, doctrines, and regulations related to medical dispute resolution. The main focus is dispute resolution through mediation in medical malpractice cases, which involves civil, criminal, and restorative justice aspects. The novelty of this research lies in the in-depth exploration of penal mediation as an approach in resolving criminal disputes related to medical malpractice, even though it does not yet have a strong legal foundation in the Indonesian criminal justice system. The results show that mediation, both in the civil and criminal realms, can provide a more humane and satisfying solution for all parties involved. However, the implementation of penal mediation still faces legal and practical challenges, especially in providing protection of patients' rights and ensuring justice for medical personnel.In conclusion, mediation has great potential in resolving medical disputes in Indonesia, but more specific regulations are needed to optimize its implementation, especially in criminal cases. As such, this study makes an important contribution to the development of a better medical dispute resolution mechanism in Indonesia.