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All Journal Sriwijaya Law Review International Journal of Humanities Education and Social Sciences Formosa Journal of Social Sciences (FJSS) Hukum Pidana dan Pembangunan Hukum International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) International Journal of Economic, Technology and Social Sciences (Injects) International Journal of Law and Society International Journal of Law, Crime and Justice International Journal of Sociology and Law Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice International Journal of Society and Law Proceeding of the International Conference on Law and Human Rights Prosiding Seminar Nasional Ilmu Hukum
Muhammad Arif Sahlepi
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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The Death Sentence for Covid-19 Financial Fraud Perpetrators Nelvitia Purba; Muhammad Arif Sahlepi; Sri Sulistyawati
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.628.pp%p

Abstract

Coronavirus pandemic 2019-2020 or known as Covid-19, which spread throughout the world, including Indonesia, has caused casualties and disrupted the economy. Various attempts were made by the government to overcome the increasingly massive impact of the spread of Covid-19. One of them is by issuing the Government Regulations in Lieu of Laws No. 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic. Regarding this assistance provided by the government, it is miserable to have allowed the occurrence of criminal acts of corruption committed by government officials and their instruments. The purpose of this paper is to pay attention to the handling and eradication of corruption of Covid-19 Pandemic aid funds. The method used in this paper is to analyze data qualitatively in relation to this research which is a normative juridical type. The data used are primary and secondary data obtained through the search of legislation and materials related to the issues raised. As a result, this article argues that when there have never been cases of corruption whose actors have been sentenced to death in a normal situation, it might be possible for the misuse of the Covid-19 pandemic aid funds can be sentenced to death.
KEWENANGAN PENYADAPAN DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI Yasmirah Mandasari Saragih; Muhammad Arif Sahlepi
Hukum Pidana dan Pembangunan Hukum Vol. 1 No. 2 (2019): Hukum Pidana dan Pembangunan Hukum
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.378 KB) | DOI: 10.25105/hpph.v1i2.5467

Abstract

Aturan hukum mengenai penyadapan tersebut masih tersebar di dibeberapa Undang-Undang. Hal tersebut dikarenakan tidak ada aturan hukum yang secara khusus mengatur mengenai penyadapan. Dikhawatirkan terjadi ketidakpastian hukum yang memiliki kewenangan melakukan penyadapan dan mengenai pengakuan hasil penyadapan sebagai alat bukti. Terlihat adanya pertentangan antara dua kepentingan negara dalam melindungi hak privasi warga negaranya dan kepentingan negara dalam menegakkan hukum. Berdasarkan pertentangan antara dua kepentingan tersebut menyebabkan ada sebagian warga negara yang merasa haknya konstutisionalnya dilanggar dengan adanya tindakan penyadapan. Masyarakat mengajukan Judicial Review atau pengujian kembali terhadap beberapa aturan yang mengatur mengenai penyadapan di Mahkamah Konstitusi. Putusan mahkamah konstitusi tersebut adalah Putusan Mahkamah Konstitusi Nomor 006/PUU-I/2003, Putusan Mahkamah Konstitusi Nomor 012-016-019/PUU- IV/2006, Putusan Mahkamah Konstitusi Nomor 5/PUU-VIII/2010 dan Putusan Mahkamah Konstitusi Nomor 20/PUU-XIV/2016. Penelitian ini bertujuan untuk menganalisis Racio Decidendi Putusan Mahkamah Konstitusi Nomor 5/PUU- VIII/2010 dan Putusan Mahkamah Konstitusi Nomor 20/PUU-XIV/2016 dan menganalisis kewenangan lembaga pemenegak hukum dalam perolehan alat bukti hasil penyadapan pasca Putusan Mahkamah Konstitusi. Permasalahan dalam penelitian ini adalah Bagaimana Konsep Pengaturan Hukum Penyadapan berbasis Perlindungan Terhadap Hak Privasi Seseorang, kemudian Bagaimana Manfaat terhadap adanya pengaturan Hukum Penyadapan atas pelaku tindak pidana korupsi di Indonesia. Sedangkan penelitian ini adalah dapat dikategorikan menjadi penelitian doktrinal atau disebut juga penelitian hukum normatif. Penelitian doktrinal adalah suatu penelitian hukum yang bersifat peskriptif bukan deskriptif sebagaimana ilmu sosial dan ilmu alam. Pendekatan- pendekatan yang digunakan adalah pendekatan undang-undang (statute approach), pendekatan kasus (statute approach), pendekatan historis (historical approach), pendekatan komparatif (comparative approach), dan pendekatan konseptual (conseptual approach).Kata Kunci : Penyadapan, Tindak pidana korupsi, Kewenangan.
Related Case Of Current Process Of Claiming Oleh Children Through Restorative Justice In The Way Of Law Polres Binjai Ferry Irmawan; Firman Halawa; Muhammad Arif Sahlepi
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.1000

Abstract

Traffic accidents involving juvenile perpetrators often raise controversy in the implementation of criminal law, causing much polemic. The view that the legal process should be carried out and enforced without the rule of law and law enforcement is that the "passage" that includes the delict of guilt, that is, at the time of driving the vehicle to cause the occurrence of an accident and resulting death of the victim, should still be processed legally. The large number of traffic accidents involving minors is a serious concern for parents and governments. The State of Indonesia guarantees a basic principle of the application of the law to the child, which we can see in Article 16, Paragraph 3, of the Act No. 35 of 2014 on the Protection of the Child, which states that “arrest, detention, or criminal imprisonment is only carried out when it is in accordance with the applicable law and can only be done as a last resort. The concept of restorative justice in the settlement of traffic accident cases is intended to realize a shift of the criminal settlement process out of the criminal court process and resolved through the process of divorce. The police action in settling the traffic accident case by a minor child is to begin with the operation of the Place of Evidence of Things (TCP), to make news of the event, to carry out the investigation process, and to give time to the victims and perpetrators to punch. From this process begins the restorative justice, so that if the victim and the perpetrator are willing to peace and the offender is willing to pay damages, the parties make a peace declaration
Comperative Legal Analysis Regarding Efforts To Prevent Sexual Violence And Legal Protection For Women In The Credit And Law Number 12 Of 2022 Concerning Actions Criminal Sexual Violence Venny Zahara; Muhammad Arif Sahlepi; Redyanto Sidi
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1211

Abstract

Sexual violence is a criminal act which basically requires very strict law enforcement. The dimensions of sexual violence regulated in the Criminal Code are not yet able to fully regulate the forms of sexual violence that occur, where regulations related to sexual violence are regulated in articles 281-295 of the Criminal Code which have limited clarification. on rape and molestation. So, with the enactment of law number 12 of 2022 concerning criminal acts of sexual violence (UU TPKS) on May 9 2022, it becomes the new legal basis for enforcing criminal acts of sexual violence. The TPKS Law becomes a specialist Lex for regulations previously contained in the Criminal Code. The presence of the TPKS Law is a new positive law that provides clear and specific updates regarding the types of criminal acts that are classified as criminal acts of sexual violence, the rights of victims of criminal acts of sexual violence, as well as protection for victims of criminal acts of sexual violence in law enforcement. The formulation of the problem in this research is how to compare legal regulations and legal protection between the Criminal Code and Law number 12 of 2022 regarding criminal acts of sexual violence. This research uses normative juridical research methods, using secondary data sources, with primary legal materials in the form of related laws which are supported by secondary legal materials in the form of related books and journals. Based on the results of this research, the research results will be summarized as to what the position of victims is. criminal acts of sexual violence which are in the Criminal Code and Law no. 12 of 2002 which regulates different legal provisions and legal protection which in the Criminal Code is not clearly regulated regarding legal protection for victims of criminal acts of sexual violence which in law number 12 of 2002 is clearly regulated regarding the protection of victims and prevention efforts against the occurrence of criminal acts of sexual harassment.
THE ROLE OF THE COURTS IN PROVIDING LEGAL AID SERVICES TO THE POOR BASED ON LAW NUMBER 16 OF 2011 ABOUT LEGAL AID Dewa Sujira; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.337

Abstract

The implementation of the Legal Aid Post (Posbakum) by the District Court includes 3 (three) scopes of legal services in accordance with the provisions contained in Perma No. 1 of 2014. These 3 things are the service of waiving case fees, and holding trials outside the court building as well as Providing Court Posbakum. In relation to the implementation of Posbakum, the District Court only provides Posbakum room facilities for three accredited Legal Aid Providers or advocate organizations. Meanwhile, regarding legal aid funds for handling each case, it will be submitted by the Court through the Regional Office of the Ministry of Law and Human Rights. However, this does not mean that the function of this facilitator can be simply ignored, considering that the Posbakum is housed in the Court, it is worth noting that there is a special mandate from the State Administrators to the Court to be able to make legal services successful free of charge for the poor, of course. In this way, it can also be hoped that the presence of Posbakun in the Court environment will be able to erode the negative and frightening stigma about the Court for the general public.
ANALYSIS OF MALPRACTICE CRIMINAL ACTS COMMITTED BY NURSES FROM A HEALTH LAW PERSPECTIVE Sry Ningsih Saragih; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.414

Abstract

Malpractice is a significant issue in the health sector, where errors or negligence committed by medical personnel can cause serious harm to patients. In the context of Indonesian law, malpractice not only harms patients physically, but also has major legal implications. This analysis aims to examine the legal aspects and accountability related to criminal acts of malpractice in health law in Indonesia. Through this study, various laws and regulations governing medical practice, Law Number 17 of 2023 concerning Health, and the Criminal Code (KUHP), as well as administrative regulations governing the ethics and discipline of health workers are described. Malpractice liability can be categorized into three main forms: criminal, civil, and administrative. Criminally, medical personnel can be prosecuted if proven to have committed negligence that causes death or serious injury, in accordance with the articles in the Criminal Code. In the civil realm, patients who are harmed have the right to claim compensation through a lawsuit for unlawful acts (PMH). Meanwhile, administrative sanctions can be imposed by the relevant agencies if violations of professional standards and codes of ethics are found. This study concludes that legal regulations in Indonesia provide a clear framework for handling medical malpractice cases, although there is still a need to strengthen the legal protection mechanism for patients and more consistent law enforcement. Legal liability in malpractice cases includes preventive and repressive aspects, with the aim of providing justice for the injured party and maintaining the integrity of the medical profession.
LEGAL PROTECTION FOR NURSES AS HEALTH WORKERS WHO COMMIT MALPRACTICE CRIMES Sry Ningsih Saragih; Muhammad Arif Sahlepi; Abdul Rahman Maulana Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.101

Abstract

This study examines how legal protection for health workers nurses who commit malpractice in hospitals. Nurses are the most important human resources in hospitals because in addition to their dominant number reaching 55-65%, nurses are also a profession that provides constant and continuous services for 24 hours to patients every day. The nursing profession often comes into contact with legal problems, such as malpractice lawsuits as a result of errors and negligence made, or if the patient's expectations of the nurse do not match reality. So in providing health services, a nurse must comply with professional ethics (professional code of ethics) and also comply with applicable laws, regulations and legislation. This study aims to determine the legal regulations for nurses as health workers who commit malpractice and how their legal protection is. This study was conducted using a qualitative method with a normative juridical approach, examining laws, books, journals and articles that discuss the protection of health workers. The results of this study show that nurses as health workers carry out their health services as regulated in Law No. 17 of 2023 concerning Health and comply with Law No. 11 of 2020 concerning Job Creation and receive legal protection as stated in Law No. 17 of 2023 concerning Health, Article 3 (h), Article 12 (d), Article 193 and Article 273.
Criminal Law Policy in Efforts to Overcome the Criminal Offence of Maltreatment Based on Restorative Justice by the Prosecutor's Office : (Research Study at the North District Attorney's Office) T. Ikhsan Ansyari Husny; Rahmayanti Rahmayanti; Muhammad Arif Sahlepi
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.171

Abstract

The crime of maltreatment is a deliberate act that causes injury, pain or even death to a person. However, efforts to resolve minor persecution crimes can be done through Restorative Justice. Restorative Justice can be done through mediation of victims of persecution. This research formulates the problem of knowing how the legal arrangements by the Prosecutor's Office on Restorative Justice and knowing how the efforts and obstacles to overcoming persecution crimes based on Restorative Justice by the North Padang Lawas State Attorney's Office. This research method is through empirical juridical research with field studies at the North Padang Lawas State Attorney's Office related to countermeasures against criminal acts of persecution based on Restorative Justice. The data collection technique used by the author in this research is Field Research, which includes data sourced from interviews with the Public Prosecutor at the North Padang Lawas State Attorney's Office. Data analysis used in this research is qualitative analysis. The process of applying Restorative Justice in the crime of persecution in the North Padang Lawas District Attorney's Office is carried out by means of the Public Prosecutor offering peace efforts to the victim and suspect. Based on cases that meet the criteria for Restorative Justice, the State Attorney's Office will write to the High Prosecutor's Office and the Deputy Attorney General's Office for General Crimes to seek approval for Restorative Justice. The North Padang Lawas District Attorney's Office prioritizes peace between victims and perpetrators in resolving cases of light maltreatment by involving the families of both parties, such as community leaders, without any pressure, coercion, or intimidation from the Public Prosecutor who acts as a facilitator.
Legal Protection of Child Victims of Sexual Crimes in the Perspective of Criminal Law Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.633

Abstract

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.
The Role of Traditional Institutions in Resolving Bali's Customary Criminal Law Using a Restorative Justice Approach sinergilp, Zufarnesia; Muhammad Arif Sahlepi; Ismaidar
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.23

Abstract

The Balinese legal system, deeply rooted in customary law, emphasizes reconciliation and the restoration of community harmony over punitive measures. Institutions such as Desa Adat and Majelis Desa Pekraman are central to implementing these restorative principles, serving not only as mediators in disputes but also as custodians of cultural values. This study examines how these institutions operate, their effectiveness in resolving conflicts, and their contribution to maintaining social equilibrium within Balinese society. Using qualitative methodologies, including interviews with local leaders and case studies of traditional conflict resolution processes, the research highlights the success of these institutions in addressing the root causes of disputes and fostering communal cohesion. The findings underscore the importance of integrating traditional practices with modern legal frameworks to enhance justice systems worldwide. By bridging the gap between customary law and contemporary legal practices, this paper offers insights into the potential for a more harmonious coexistence between different justice paradigms, emphasizing the role of culturally sensitive legal solutions in a globalized world.
Co-Authors Abdul Rahman Maulana Siregar Christine Natalia Pangaribuan Daniel Edward Hernando Situmorang Deny Prabowo Dewa Sujira Emmeninta Florensia Surbakti Ferry Irmawan Firman Halawa Habeahan, Delianto Henry Aspan Hepy Krisman Laia Ismaidar I, Ismaidar Jesslyn Elisandra Harefa Karolus Agung Dery Rianto MHD AZHALI Siregar Muhammad Daud Tarigan Mus Mulyadi Pahala Raja Situmorang Purba, Nelvitia Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Ramadani, Suci Redyanto Sidi Ris Piere Handoko Romy Maranatha Ginting Saptha Nugraha Isa Sihombing, Yossri Mantaw sinergilp, Zufarnesia Sri Sulistyawati SRI UTAMI Sry Ningsih Saragih Sumarno T. Ikhsan Ansyari Husny Tonnes Gultom Venny Zahara Wildan Fahriza Yasmirah Mandasari Saragih