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All Journal Borneo Law Review Journal Jurnal Akta Yudisia
Mansyur Mansyur
Fakultas Hukum Universitas Borneo Tarakan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ANALISIS PUTUSAN LEPAS DARI TUNTUTAN HUKUM TERHADAP PELAKU TINDAK PIDANA Mansyur Mansyur; Muhammad Gofar Harahap
Borneo Law Review Vol 5, No 2 (2021): Desember 2021
Publisher : Fakultas Hukum Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/bolrev.v5i2.2318

Abstract

AbstractThe phenomenon that has occurred in Indonesia is the determination of mental disorders which procedurally do not meet the elements of only looking at the physical condition of the perpetrators of criminal acts. This research was conducted based on how the procedure in determining a person has a mental disorder according to criminal procedural law, Is the decision of the Simalungun District Court Judge Number: 207/Pid.B/2015/Pn.Sim in accordance with the criminal procedure law in dealing with defendants with mental disorders. To find out the procedure for dealing with criminals who are suspected of having mental disorders in terms of proving and applying certainty to the perpetrators and knowing the considerations in the decisions discussed in imposing the release of perpetrators with mental disorders. This research method is the type of juridical and normative research, approach to the problem of sources of legal materials, techniques of collecting legal materials, analysis of legal materials. Conclusion The decision of the Simalungun District Court Number 207/Pid.B/2015/Pn.Sim, in determining the mental state of the defendant is only based on the judge's belief so that it is not bound by the procedures intended by criminal procedural law by involving expert witnesses, to prove the mental state of the defendant. where the psychiatrist should have a very important role in the trial considering the limited capabilities possessed by a judge in terms of mental health.Keywords: Release Decision, Lawsuits, Criminal Actors
MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KESEHATAN Mansyur Mansyur
JURNAL AKTA YUDISIA Vol 2, No 2 (2017): JURNAL AKTA YUDISIA VOLUME 2 NOMOR 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i2.1547

Abstract

AbstractHealth services to vulnerable communities cause health disputes between health care providers such as hospitals, doctors / dentists and nurses with patients or their families. Health dispute resolution can be done through the court either through criminal justice or civil court. Beside that, the dispute of health dispute can also be done through mediation institution Mediation institution as an alternative dispute of health disputes if it meets the following criteria: Health disputes related to health services received or directly related to the patient, Health disputes included in the category of medical discipline violation Not included as a crime, and based on the will of the parties to choose a mediation institution as an attempt to resolve the dispute and be done with good faith. The result of the parties' agreement is set forth in a written certificate of having a binding force as an agreement for the parties .. and shall be registered in the District Court by filing a lawsuit to be stipulated in the peace certificate by the local District Court judge. Keywords; Mediation, Dispute, Health
Co-Authors Muhammad Gofar Harahap