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Pudji Astuti
Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice

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Legal Framework and Preventive Measures Against Doping in the 2023 East Java Provincial Sports Week (PORPROV) Putri Surya Gemilang; Pudji Astuti
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.58566

Abstract

The doping case involving Indonesian athletes and the sanctions imposed by the World Anti-Doping Agency (WADA) due to Indonesia’s failure to submit 300 anti-doping samples highlights persistent irregularities within the national sports sector. These issues reflect broader systemic weaknesses, including at the provincial level. This study aims to examine the preventive measures taken by the East Java Province KONI against doping and to analyze the obstacles in enforcing Article 103 paragraph (1) of Law No. 11 of 2022 concerning Sports, particularly regarding the health component as it relates to anti-doping regulation during the 2023 East Java Provincial Sports Week (Porprov). The research adopts an empirical-qualitative method using purposive sampling, where experts and relevant events are deliberately selected to provide insights not available from general sources. The findings indicate that anti-doping education has not been evenly distributed across districts and cities in East Java. Furthermore, there were no concrete or systematic efforts by East Java KONI to prevent doping during Porprov 2023. Several obstacles were identified in enforcing Article 103 paragraph (1), including legal ambiguity, weak law enforcement, lack of adequate facilities, and insufficient awareness among athletes and stakeholders. The study recommends enhancing anti-doping education, improving coordination between institutions, and strengthening the legal and institutional framework to ensure effective enforcement of anti-doping regulations in future sporting events at the regional level.
Problem Failure of the Recidivist Guidance Program in Class I Prison Surabaya Salsabila Oktaviani; Pudji Astuti
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.59091

Abstract

The study is driven by the rise in recidivists in Surabaya's Class I Prisons during the 2022–2023 period. The rise in recidivism at Surabaya's Class I Prison suggests that the coaching program there has not been able to provide targeted guidance to recidivists. As mentioned in Article 2 of Law Number 22 of 2022 concerning Corrections, prisons serve as places where inmates receive guidance to ensure they do not commit crimes again. The purpose of this study is to identify the variables that lead to coaching failures in Surabaya's Class I Prison as well as the barriers that the prison faces in raising recidivists. This study employs qualitative, empirical legal research methods, gathering data through observation, interviews, and documentation, then analyzing it with descriptive analytical methods. The results of the research show that the Surabaya Class I Prison recidivism development program failed because prison officers were still unable to carry out their main responsibilities and the prison development program still carried out activities that were not in accordance with applicable laws and regulations, resulting in poor guidance and recidivism in Prisons Class I Surabaya .
Reduction Of Criminal Penalties for Corruption Criminal Acts as Regulated in Law No. 1 of 2023 Concerning the Criminal Code Zahrotus Suroya; Pudji Astuti
NOVUM : JURNAL HUKUM Vol. 11 No. 04 (2024): Law at the Crossroads of Protection, Participation, and Institutional Integri
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.59744

Abstract

The crime of corruption is an extraordinary crime, which should be able to deter the perpetrators from committing the crime again. However, the new rules made in Law No.1 of 2023 concerning the Criminal Code have lightened the prison sanctions and fines for perpetrators of corruption when compared to Law No.31 of 1999 concerning corruption. The purpose of this research is to find out what is the basis for the rules of corruption offenses to be included in the National Criminal Code and to find out the basis for reducing the sentences for corruption offenses in the National Criminal Code. So that problems related to the reduction of criminal sanctions for corruption motivate the author to conduct research using normative legal research methods with a statutory approach, conceptual approach, and historical approach. The data collected is then analyzed prescriptively. The result of the research is that corruption can be included in the National Criminal Code through the principle of codification and it can be seen that the reduction of punishment for corruption offenders is based on the politics of criminal law, individualization of punishment, and punishment. However, this is not in accordance with the existing facts considering that this corruption case is detrimental not only to the state but also to society.
Doctors’ Obligations Regarding Chemical Castration for Individuals Who Commit Child Sexual Abuse Fenty Dwi Yuliana; Pudji Astuti
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i02.64243

Abstract

Law No. 17 of 2016 concerning Child Protection contains chemical castration for perpetrators of child sexual violence in Article 81 paragraph (7) of the Law. The implementation of chemical castration on the orders of the prosecutor is carried out by a doctor in accordance with Article 9 letter b of Government Regulation No. 70 of 2020. This task is contrary to the doctor’s oath, the issuance of the MKEK PB IDI fatwa in 2016 contains the position of the medical profession agreeing or disagreeing in responding to chemical castration, while the task of castration has become a doctor's obligation as a State duty on the orders of the law with the legal umbrella of Article 50 of the Criminal Code and has the risk of sanctions if they refuse in accordance with Article 216 paragraph (1) of the Criminal Code. Thus, further discussion is needed regarding the obligations of doctors as implementers of chemical castration and legal efforts by doctors to avoid their duties as implementers of chemical castration. The research method is normative by taking a legislative and conceptual approach. The collection technique used is a literature study with a prescriptive analysis technique. The results and discussion show that doctors are obliged to carry out the order of the law regarding chemical castration, especially if they have the status of a civil servant who is bound by the Civil Servant Discipline to carry out state duties. If there are doctors who refuse by referring to the MKEK PB IDI fatwa No. 1 of 2016, they can file a judicial review to the Supreme Court regarding the task given causing a heavy mental burden in the form of violating the doctor's oath with the chemical castration action in Article 9 letter b of Government Regulation No. 70 of 2020.
Co-Authors Ahmad Fanani Anang Kistyanto Andre Dwijanto Witjaksono Debby Ramadhanty Dita Perwitasari FEBE QUINDADIARTO Fenty Dwi Yuliana Fitrada Ridlo Ardyan GAYUNG UTAMI Herdycha Surya Kisworo Januar Adi Cahyono M. Khoirul Anam Mohammad Alvian Adi Nugroho Muchamad Firman Ramadhan Nasman Nasman Putri Surya Gemilang Salsabila Oktaviani Sulaksono Sulaksono Zahrotus Suroya