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Journal : INDONESIAN JOURNAL OF LEGAL AND FORENSIC SCIENCES

Penulisan “Proximate Cause” dan “but for test” Sebagai Sebab Mati dalam Sertifikat Kematian Ferryal Basbeth
Indonesian Journal of Legal and Forensic Sciences (IJLFS) Vol 2 (2012): Indonesian Journal of Legal and Forensic Sciences
Publisher : Penerbit, sejak 2012 : Asosiasi Ilmu Forensik Indonesia dan UPT Lab. Forensik Sain dan Kriminilogi - Universitas Udayana

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Abstract

It is often difficult for a doctor to write off the death certificate because when death occurs due to woundcomplications that occur due to the killing of more than one year prior to death.In an old law in England known the term "year and a day rule", which says that death is believed to occur morethan one year and one day, there is no connection with the murder, now it's been much written off in manycountries, including the United States and New Zealand.The basis for this rule is the elimination of intervention efficacy in prolonging the life of a person's doctor andtech support, so that the interval between the act of murder and death that ensues is also elongated. In addition,advances in forensic medicine to assist the court in determining a cause of death although the action is carriedout long enough in the past.The series of events that occur in delayed death due to homicide (delayed Homicide) are rarely reported. Generaldeath in murder cases pending include: infected decubitus ulcers, bronchopneumonia, and urosepsis due toparalysis due to spinal cord trauma, seizures follow-up post-blunt head injury, and small bowel adhesion / herniadue to stab wounds. In making a determination of death is consistent and accurate information on the pendingmurder case, it is important to rely on the definition of a direct cause of death pending kematian.Penyelidikancase of murder to be a challenge due to: failure to report the death to the authorities, the lack of adequatedocumentation of trauma that occurred, and jurisdictional differences between the trauma and death.
Tindak Pidana Kesusilaan Pada Retardasi Mental : Kasus yang belum terjangkau oleh hukum (Laporan Kasus) Ferryal Basbeth; Erwin Kristanto; Irmansyah -; Rudy Satriyo
Indonesian Journal of Legal and Forensic Sciences (IJLFS) Vol 1 (2008): Indonesian Journal of Legal and Forensic Sciences
Publisher : Penerbit, sejak 2012 : Asosiasi Ilmu Forensik Indonesia dan UPT Lab. Forensik Sain dan Kriminilogi - Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/10.24843/IJLFS.2008.v01.i01.p09

Abstract

A woman, MK (24), was taken to PKT RSCM by her parents with a visum application letter fromthe police which states that a perpetrator is suspected for sexual harassment according to article 285. Duringthe examination, an old tear was found. Sperm examination was not conducted because the intercourse hadhappened more than three days before the examination. Through anamnesis, the victim confessed to havinghad sex without being forced or threatened. About 10 days later the victim’s parents returned to PKT RSCMand asked to have the anamnesis part of the Visum changed into a statement that the victim was being forcedand threatened. Previously, the article that the investigator accused, article 285 on raping, is changed intoarticle 335 on unpleasant act which made the victim’s family unsatisfied. Furthermore, the family alsoshowed a psychiatric test result stating that the victim suffers from mental retardation. This case cannot beclassified into article 285 because there is no threat and violence. Nor can it be classified into UUPKDRTbecause the perpetrator is not a family member. The case also cannot be covered by the bill of child protectionbecause the victim is 24 years old. The paper will discuss the medicolegal aspects on the mentally retardedvictim and how far the mentally retarded victim can give consent for intercourse.