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Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana) Tongat, Tongat
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation concerned.

NOTARY LIABILITY OVER THEIR INVOLVEMENT IN DOCUMENT FALSIFICATION CRIME Anggraeny, Isdian; Tongat, Tongat
Varia Justicia Vol 16 No 1 (2020): Vol 16 No 1 (2020)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

The presence of a notary in the Association of legal Communities is significant. Nevertheless, in carrying out its role and function, the Notary is very vulnerable in the vortex of deed against the law. Although in many instances, the public Notary can not be held accountable for the unlawful acts, in some cases, the Notary is unable to circumvent his involvement. This article presents two issues related to notary involvement in unlawful acts, especially the criminal offense. Each of these is: first, how is the form of notary involvement in criminal acts of document falsification? Secondly, can the public Notary be held accountable for his involvement in criminal acts of document falsification? This research was conducted through normative legal research. The results show that there are many forms of notary involvement in criminal acts of document counterfeiting. Secondly, the Notary may be held accountable and may be asked for criminal liability because of his involvement in criminal acts of document falsification.

The Criminal Liability of Doctors in the Case of Malpractice in Indonesia Tongat1
Indian Journal of Forensic Medicine & Toxicology Vol. 14 No. 2 (2020): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v14i2.3513

One of the Human Rights elements that must be achieved in accordance with the ideals of the Indonesian people is the Health aspect, the profession as a doctor devotes his/her knowledge to the public interests, has freedom and independence which is oriented to human values in accordance with the code of ethics. In implementing the code of medical ethics, it as much as possible avoids the occurrence of medical error. The error can occur in the diagnostic stage such as error or delay in diagnosis, not implementing the appropriate examination, using an examination method that is no longer used or does not act on the examination or observation result, etc. The risk that occur if it is not carried out thoroughly and carefully, is that it will result in a fatal error. The method used in this research is the normative juridism method, namely the addition method by holding on to the applied norms or legal rules. The result in this research is the liability’s manifestation of the doctor who performs medical malpractice as a form of criminal legal protection in Indonesia, it is basically based on intentional or unintentional mistakes or negligence. If it results in the victim’s death, it is equal to murder, and if the victim does not die it is called an act of persecution with the sanction of persecution.

Criminal Legal Protection Against Doctor Malpractice in Indonesia Tongat
Indian Journal of Forensic Medicine & Toxicology Vol. 14 No. 3 (2020): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v14i3.10761

One of the Human Rights elements that must be achieved in accordance with the ideals of the Indonesian people is the Health aspect, the profession as a doctor devotes his/her knowledge to the public interests, has freedom and independence which is oriented to human values in accordance with the code of ethics. In implementing the code of medical ethics, it as much as possible avoids the occurrence of medical error. The error can occur in the diagnostic stage such as error or delay in diagnosis, not implementing the appropriate examination, using an examination method that is no longer used or does not act on the examination or observation result, etc. The risk that occur if it is not carried out thoroughly and carefully, is that it will result in a fatal error. The method used in this research is the normative juridism method, namely the addition method by holding on to the applied norms or legal rules. The result in this research is the liability’s manifestation of the doctor who performs medical malpractice as a form of criminal legal protection in Indonesia, it is basically based on intentional or unintentional mistakes or negligence. If it results in the victim’s death, it is equal to murder, and if the victim does not die it is called an act of persecution with the sanction of persecution.

Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana) Tongat, Tongat
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

A paradigm shift in the state of lifeâ€”especially post the Constitution of the Republic of Indonesia 1945 amendmentsâ€”have not been fully understood Â properly. Up to nowâ€”included in the lawless lifeâ€”is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting theÂ Â use of analogy in criminal law is still seen at odds with the provisions of ArticleÂ 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation Â concerned.

The Role of Doctors in Drug Administration and the Execution of Penal Death Tongat Tongat; Ratri Novita Erdianti; Said Noor Prasetyo; Nu’man Aunuh; Yaris Adhial Fajrin; Wafda Vivid Izziyana
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 2 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i2.14467

Although until now Indonesia still applies capital punishment, efforts to limit its application are still beingmade, including improving the procedures for its implementation. One way to ensure that the execution ofthe death penalty is still carried out with respect for life is to involve doctors in treatment and the executionof the death penalty. In addition, in the reform of Indonesian criminal law (Draft KUHP), a policy forpostponing death penalty has been formulated. Those sentenced to death are given the opportunity to improvethemselves for a certain time (10 years). If within the grace period the convict can show improvement inhimself, then the death penalty need not be carried out and replaced with deprivation of liberty.

FREED INDONESIA’S CORRUPTION BETWEEN HOPE AND REALITY Tongat Tongat; Said Noor Prasetyo
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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

Although the title of this article implies pessimism, but semantically title of this article is not intended to convey the message of pessimism in fighting corruptions.The title of this article actually more of reflective questions in social achievement to provide confirmation, that the eradication of corruption in Indonesia is very likely just be the "hope", but also very likely to be "true". In condition of Indonesia today, expectations and reality in eradication of corruption can be considered equally still be a tendency. At least there are a series of facts that can be used as an argumentation for an existence of two point that tendencies.

Rekonstruksi Politik Hukum Pidana Nasional (Telaah Kritis Larangan Analogi dalam Hukum Pidana) Tongat Tongat
Jurnal Konstitusi Vol 12, No 3 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation concerned.

TELAAH KRITIS ATAS SISTEM PEMIDANAAN IN ABSTRACTO DAN IMPLIKASINYA DALAM PENEGAKKAN HUKUM PIDANA DI INDONESIA Tongat S.H., M.H.
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 10, No 2 (2013): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

One of the acute problems of criminal law enforcement in Indonesia in abstracto stages that are not determined the purpose of punishment in the criminal system. In the views that way, so burst practical implications. Messy criminal law enforcement in Indonesia leads to deficiencies and weaknesses that criminal system. Although not a single variable, shortcomings and weaknesses to "share" of the messy criminal law enforcement in Indonesia. Shortcomings and weaknesses as a "legacy" of colonial law—which is still displaying "face" of the original character of individualism—into the "gap" on the other side. It's presence not only leave the practical problems, but also a theoretical problem.

Minority Muslims and freedom of religion: Learning from Australian Muslims’ Experiences Syamsul Arifin; Hasnan Bachtiar; Ahmad Nur Fuad; Tongat Tongat; Wahyudi Wahyudi
Indonesian Journal of Islam and Muslim Societies Vol 9, No 2 (2019): Indonesian Journal of Islam and Muslim Societies
Publisher : IAIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijims.v9i2.295-326

This article aims at diagnosing the development of Ummah while Muslims are living as minority in Australia. Through a sociological approach, qualitatively, some issues considered in understanding the development are practices of secularism, multiculturalism and protection of human rights. This academic framework in comprehending the development might be claimed as a new trajectory of sociological exploration. Accordingly, this study is proposed to become a preliminary research on Muslims’ freedom of religion living in secular country. This article finds that Australia is a state that consistently has protected its citizens’ freedom of religion and the Australian government, in dealing with social and religious issues, and law enforcement, has worked professionally. However, Muslims have faced challenging realities of cases of discrimination coming from fundamentalist Christians. The cases, indeed, can be mitigated through inter-religious dialogue and cooperation. This article argues that, so far, the development of Ummah in the country has been running well. Under the protection of a secular state, minority Muslims in Australian multicultural societies can enjoy their freedom of religion. Practices of inter-religious tolerance are stronger than the tensions and conflicts have happened.. Artikel ini bertujuan untuk mendiagnosa kondisi pembangunan umat ketika kaum Muslim hidup sebagai minoritas di Australia. Melalui pendekatan sosiologis, secara kualitatif, pelbagai isu yang dipertimbangkan adalah praktik sekularisme, multikulturalisme dan penegakan HAM. Kerangka kerja yang demikian dalam memandang pembangunan umat, dapat diklaim sebagai hal yang baru. Karena itu, studi ini diusulkan sebagai studi pendahuluan mengenai elaborasi sosiologis terhadap kebebasan beragama minoritas Muslim yang hidup di negara sekular. Artikel ini menemukan bahwa Australia adalah negara yang secara konsisten melindungi kebebasan beragama warga negaranya dan pemerintahnya bekerja secara profesional terutama dalam penegakan hukum. Tetapi, kasus-kasus diskriminasi masih terjadi, terutama oleh Kristen fundamentalis terhadap kaum Muslim. Tentu saja hal itu dapat dimitigasi melalui dialog dan kerjasama antar agama. Artikel ini berargumentasi bahwa, sejauh ini kondisi pembangunan umat berjalan dengan baik. Di bawah perlindungan negara sekular, Muslim minoritas yang hidup di tengah masyarakat multikultural dapat menikmati kebebasan beragama. Praktik-praktik toleransi yang ada, lebih kuat ketimbang tensi dan konflik antar-agama yang terjadi.

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