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Analisis Yuridis Pasal 112 dan Pasal 127 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika: Upaya Reformulasi untuk Menjamin Kepastian Hukum Hariyawan, Agus Sukma; Purwani, Sagung Putri M.E.
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2275

This study aims to analyze the legal relationship between Article 112 and Article 127 of Law Number 35 of 2009 on Narcotics, focusing on formulating legal provisions that ensure legal certainty. The research adopts a normative legal method, employing approaches based on statutory regulations, conceptual analysis, and case studies. The findings reveal an overlap between the provisions of Article 112, which stipulates sanctions for drug distributors, and Article 127, which provides lighter sanctions, including rehabilitation, for drug abusers. The ambiguity in Article 112, particularly regarding narcotics usage, has led to prolonged debates and inconsistent application. This overlap has resulted in subjective interpretations by law enforcement officials, emphasizing the need for reformulated provisions grounded in the principles of lex certa and lex scripta. The study concludes that Article 112 should specifically address narcotics distributors, while Article 127 should focus on drug abusers, clarifying that the sanctions for abusers should prioritize rehabilitation measures. Such reformulation is essential to address legal uncertainty, reduce interpretative conflicts, and ensure proportional justice for narcotics offenders based on their roles and levels of culpability. These recommendations aim to foster a more consistent legal framework, enhancing the effectiveness of narcotics law enforcement while safeguarding the rights of justice seekers.

Legal Protection for Patients in Telemedic Services in Indonesia Rohmatul Hajiriah Nurhayati; I Wayan Parsa; Sagung Putri M.E Purwani
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1592

The development of information and communication technology had a significant impact on various sectors, including the health sector. One of the main innovations is telemedicine, namely a long-distance health service that utilizes technology for medical consultations between patients and medical personnel. This service is increasingly important, especially in Indonesia, which has a large and diverse geographical area. The COVID-19 pandemic has also accelerated the adoption of telemedicine. However, various legal challenges arise related to protecting patient rights, such as data privacy, obligations of medical personnel, and regulatory oversight. This research aims to analyze legal protection for patients in telemedicine services in Indonesia, with a focus on the importance of clear and comprehensive regulations. The method used is normative legal research, which analyzes legal regulations, laws and guidelines governing telemedicine services, as well as relevant legal principles. The research results show that the legal aspect of patient protection includes important aspects such as confidentiality of medical data, quality of service, informed consent, professional responsibility of medical personnel, and the right to access medical records. Doctors who carry out telemedicine must be registered and have a valid practice license, as well as maintain confidentiality and provide services according to standards. Although telemedicine provides many benefits, strict oversight and regulatory compliance are essential to ensure patient safety and protection.

Analysis of Judicial Decisions Imposing Sentences Below The Minimum Penalty Threshold in Article 112 Paragraph (1) of The Narcotics Law Radha Rani, Ni Made Dwi; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 05 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i05.1926

This research analyzes the Decision of the Denpasar District Court Number 249/Pid.sus/2024/PN Dps, wherein the court imposed a sentence below the special minimum threshold as stipulated in Article 112 paragraph (1) of the Narcotics Law. Employing a normative juridical research methodology with a statutory approach, this study examines the legal considerations utilized by judges in rendering decisions below the minimum threshold and identifies the implications of such decisions on law enforcement and narcotics policy in Indonesia. The findings demonstrate that the judicial panel based its decision on Supreme Court Circular Letter (SEMA) Number 3 of 2015, considering that the defendant was proven to be a user and possessed a relatively small quantity of narcotics. This phenomenon of sentencing below the minimum threshold generates legal complexities in the form of legal uncertainty due to its contravention of the legality principle, the diminishment of deterrent effects, and the creation of inconsistency in judicial decisions that potentially undermines public confidence in the judiciary. This research recommends harmonization of legislation pertaining to narcotics offenses, development of more proportionate sentencing policies with a public health approach, and the necessity for a monitoring system regarding judicial decisions that deviate from special minimum provisions.

Analysis of Judicial Decisions Imposing Sentences Below The Minimum Penalty Threshold in Article 112 Paragraph (1) of The Narcotics Law Radha Rani, Ni Made Dwi; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 05 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i05.1926

This research analyzes the Decision of the Denpasar District Court Number 249/Pid.sus/2024/PN Dps, wherein the court imposed a sentence below the special minimum threshold as stipulated in Article 112 paragraph (1) of the Narcotics Law. Employing a normative juridical research methodology with a statutory approach, this study examines the legal considerations utilized by judges in rendering decisions below the minimum threshold and identifies the implications of such decisions on law enforcement and narcotics policy in Indonesia. The findings demonstrate that the judicial panel based its decision on Supreme Court Circular Letter (SEMA) Number 3 of 2015, considering that the defendant was proven to be a user and possessed a relatively small quantity of narcotics. This phenomenon of sentencing below the minimum threshold generates legal complexities in the form of legal uncertainty due to its contravention of the legality principle, the diminishment of deterrent effects, and the creation of inconsistency in judicial decisions that potentially undermines public confidence in the judiciary. This research recommends harmonization of legislation pertaining to narcotics offenses, development of more proportionate sentencing policies with a public health approach, and the necessity for a monitoring system regarding judicial decisions that deviate from special minimum provisions.

Corporate Criminal Liability for Criminal Acts of Corruption: A Comparison of State Criminal Law Systems and Civil Law Systems Seri Karna, Kadek Yoga Maheswara; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2188

This study examines corporate criminal liability in corruption cases within the civil law system, comparing the legal frameworks of Indonesia and France. The civil law system, adopted by both countries, relies on codified laws rather than judicial precedents. In Indonesia, corporate liability for corruption is regulated under Law No. 31 of 1999, as amended by Law No. 20 of 2001, while in France, it is governed by the French Penal Code (Code Pénal Français). Findings show that neither country provides a single explicit provision detailing which corruption offenses corporations can commit, requiring semiotic and systematic interpretations to determine applicable liability. In France, corporations may be held liable for active and passive bribery, influence peddling, unlawful benefit-taking, and favoritism in procurement, as stipulated in Articles 433-1, 435-1, 432-11, 432-12, and 432-14 of the Code Pénal Français. Similarly, Indonesia allows corporate liability for bribery, misuse of authority, unlawful enrichment, obstruction of justice, and related offenses, though certain crimes involving personal duties such as abuse of office remain limited to natural persons. Despite regulatory differences, both systems emphasize that only offenses feasibly committed by corporations may incur liability, highlighting the need for clearer procedural guidelines and legal harmonization.

Corporate Criminal Liability for Criminal Acts of Corruption: A Comparison of State Criminal Law Systems and Civil Law Systems Seri Karna, Kadek Yoga Maheswara; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2188

This study examines corporate criminal liability in corruption cases within the civil law system, comparing the legal frameworks of Indonesia and France. The civil law system, adopted by both countries, relies on codified laws rather than judicial precedents. In Indonesia, corporate liability for corruption is regulated under Law No. 31 of 1999, as amended by Law No. 20 of 2001, while in France, it is governed by the French Penal Code (Code Pénal Français). Findings show that neither country provides a single explicit provision detailing which corruption offenses corporations can commit, requiring semiotic and systematic interpretations to determine applicable liability. In France, corporations may be held liable for active and passive bribery, influence peddling, unlawful benefit-taking, and favoritism in procurement, as stipulated in Articles 433-1, 435-1, 432-11, 432-12, and 432-14 of the Code Pénal Français. Similarly, Indonesia allows corporate liability for bribery, misuse of authority, unlawful enrichment, obstruction of justice, and related offenses, though certain crimes involving personal duties such as abuse of office remain limited to natural persons. Despite regulatory differences, both systems emphasize that only offenses feasibly committed by corporations may incur liability, highlighting the need for clearer procedural guidelines and legal harmonization.

Legal Legism in the Era of the National Criminal Code: The Prosecutor's Office as a Fair Law Enforcer Resta, Ngurah Wahyu; Swardhana, Gde Made; Kasih, Desak Putu Dewi; Purwani, Sagung Putri M.E.
International Journal of Social Service and Research Vol. 5 No. 10 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i10.1339

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) affects the duties and functions of the Prosecutor's Office as a law enforcer, which has tended to be formalistic and procedural, thus encouraging this institution to place more emphasis on fulfilling the principles of justice, the effectiveness of law enforcement, and the protection of victims' rights, while strengthening its strategic role in the prevention and prosecution of criminal acts in accordance with the new norms in the Criminal Code. However, the recognition of the National Criminal Code regarding the existence of living law in society other than written law creates tension between legal certainty and substantive justice (social justice). Prosecutors face a dilemma when an act that is recognized as criminal under customary law is not written in the law, thus creating legal uncertainty in the practice of prosecution. The result of this study is the principle of formal legality Article 1 paragraph (1) of the National Criminal Code which is linear with the view of the school of legalism emphasizes that every act can only be punished based on written law, ensuring legal certainty and protection of human rights. The enactment of Article 2 of the National Criminal Code, the principle of legality has expanded its meaning, which in its regulation recognizes the laws that live in society (living law) and social values, customary norms, and substantive justice in the sense of the principle of material legality. The real implementation can be seen in the innovation of the Bali High Prosecutor's Office through Bale Kertha Adhyaksa Jaga Desa and Umah Restorative Justice, which integrates positive law and customary law of Tri Hita Karana. The Prosecutor's Office now plays an adaptive, humanist, and fair role, guarding social harmony as well as legal certainty.

TOWARDS A RECOGNISED RIGHT TO A SHARED CULTURE AT THE REGIONAL LEVEL: How Will ASEAN Address Diversity? Arsika, I Made Budi; Suyatna, I Nyoman; Purwani, Sagung Putri M.E
Jurisdictie: Jurnal Hukum dan Syariah Vol 15, No 1 (2024): Jurisdictie
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v15i1.27149

ASEAN documents have officially upheld the principle of unity in diversity and agreed on the spirit of one identity and community. However, there is a pronounced tendency for ASEAN countries to struggle with each other with several differences, including cultural tensions. This paper aims to analyse the possibility of recognising a regionally shared culture as jointly claimed collective cultural rights by taking the example of Intangible Cultural Heritage ICH. It is designed as legal research applying statutory, historical, conceptual, and comparative approaches. This research collects norms and principles covering the issues of ICH and cultural rights and conducts a literature study, suggesting that cultural rights, which represent the intersecting of cultural and human rights aspects, have yet to be fully understood as collective cultural rights. ICH is an example of how ASEAN countries are sometimes heated up in non-harmony relations. The possibility of recognising a regionally shared culture in the context of collective cultural rights then, more or less, relies on the ongoing development of the Narrative of ASEAN Identity, the routine convening of human rights dialogues, and the initiation of the ASEAN Cultural Heritage List. These findings are then expected to be considered by ASEAN policymakers. Dokumen-dokumen ASEAN mencatumkan iktikad untuk menjunjung tinggi prinsip persatuan dalam keberagaman dan menyepakati semangat satu identitas dan komunitas. Dalam kenyatannya, negara-negara anggota ASEAN justru bergelut dengan sejumlah persoalan antara negara yang satu dengan negara lainnya, termasuk mengenai ketegangan budaya. Artikel ini bertujuan untuk menganalisis kemungkinan mengakui budaya bersama secara regional sebagai hak budaya kolektif yang diklaim bersama dengan mengambil contoh warisan budaya tak benda (WBTB). Artikel ini dirancang sebagai penelitian hukum yang menggunakan pendekatan perundang-undangan, sejarah, konsep, dan perbandingan. Penelitian dilakukan dengan mengumpulkan norma-norma dan prinsip-prinsip yang mengatur isu WBTB dan hak budaya serta melakukan studi literatur. Artikel ini menyimpulkan bahwa hak budaya, yang mewakili persilangan antara aspek budaya dan hak asasi manusia (HAM), belum sepenuhnya dipahami sebagai hak budaya kolektif. WBTB menjadi contoh bagaimana negara-negara ASEAN terkadang berada dalam hubungan yang tidak harmonis antara satu dengan lainnya. Adapun kemungkinan untuk mengakui budaya bersama secara regional dalam konteks hak budaya kolektif dapat disandarkan pada pengembangan Narasi Identitas ASEAN, penyelenggaraan dialog HAM secara rutin, dan upaya pembentukan Daftar Warisan Budaya ASEAN. Temuan-temuan ini diharapkan dapat dipertimbangkan oleh para pengambil kebijakan di ASEAN.

Analysis Of The Suitability Of INA-CGBS Claim Coding at BPJS Kesehatan Wasin at RSUP prof. dr. I.G.N.G.NGOERAH Denpasar Sutrisnawati, Gusti Ayu Eka; Manuaba, Fajar; Purwani, Sagung Putri M.E
Jurnal Health Sains Vol. 4 No. 12 (2023): Journal Health Sains
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jhs.v4i12.1162

RSUP Prof.Dr.I.G.N.G.Ngoerah Denpasar is an advanced service facility which is part of supporting the running of national insurance programs processed by the BPJS agency. The BPJS Health wasin audit aims to ensure that companies or participants have fulfilled their obligations regarding health insurance provided by BPJS Health, where reimbursement for advanced health services costs uses the INA-CGBs E-Claim application. INA-CBG E-Claim is an application specifically designed to assist hospitals in the national health insurance claim process. INA-CBG's is the amount of claim payment by BPJS to health facilities where the INA-CBG's rate uses a coding system with ICD-10 for diagnosis and ICD 9CM for procedures or actions. The aim of this research is to obtain the suitability of INA-CBGs claim coding on BPJS Health wasin at Prof. Dr. IGNGNgoerah Denpasar Hospital. Empirical legal research used in this research, with a quantitative approach. which exists in fact. The results of this research are that the impact of losses from discrepancies in the coding of clinical data affects the financing of health services, so there is a need for a BPJS Health data processing process regarding re-confirmation regarding the advantages and disadvantages of claims that will be paid. In August 2023, there was confirmation that there were 638 inpatient data processing data, 2339 outpatient data. Then action was taken by the hospital to provide training to coding officers and continue to regularly monitor and check the hospital's internal verification.

Analysis of The Regulation of The Minister of Health Regulation Number 24 of 2022 Concerning Medical Records in Terms of Conventional Medical Record Management Juniati, Ni Ketut; Purwani, Sagung Putri M.E; Linawati
Jurnal Health Sains Vol. 4 No. 12 (2023): Journal Health Sains
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jhs.v4i12.1170

Health is part of basic human needs. Because without health it is difficult for a person to carry out daily activities and meet other needs in this life. The following are some sources of data/legal materials that can be used for research on the Juridical Review of the Minister of Health Regulation Number 24 of 2022 concerning Medical Records. The theoretical basis of research on the Juridical Review of the Minister of Health Regulation Number 24 of 2022 concerning Medical Records, in the Management of Conventional Medical Records, includes.

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