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Journal : JURMA YUSTISI

Implementation Of The Pornography Law On Morality Crimes In Cibinong (Case Study Of Decision Number 136/Pid.B/2023/Pn.Cbi Fatih, Hanif Nur; Purwoto, Ady; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1531

Abstract

This research examines the implementation of Law Number 44 of 2008 on Pornography in relation to morality crimes, with a case study focus on Decision Number 136/Pid.B/2023/PN.Cbi from the Cibinong District Court. The background of the study arises from the increasing misuse of information technology for distributing pornographic content, which violates moral norms and individual dignity, particularly affecting women. The aim is to analyze Indonesia's legal regulations on morality crimes under the Pornography Law and to review the judge’s legal considerations in the verdict. Using normative legal research methods with statutory and case approaches, data was collected through literature studies and analysis of court documents. The findings indicate that the defendant was proven to have violated Article 35 of the Pornography Law by secretly recording a victim while bathing and sharing the screenshots via WhatsApp status. The court sentenced the defendant to four years in prison and a fine of one billion rupiah. The verdict reflects the application of justice, utility, and legal certainty, although it does not fully embody a progressive legal protection approach for the victim. This study contributes to understanding the effectiveness of Pornography Law enforcement and highlights the need for a more responsive approach to handling technology-based morality crimes.
The Application of Criminal Sanctions Against Perpetrators of Unauthorized Distribution of Prescription Drugs (A Study of Court Decision Number 83/Pid.Sus/2023/PN Cbi) Clara Khairunnissa Paulida; Ady Purwoto; Ande Iman Ferrary
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1549

Abstract

The distribution of hard drugs without a permit is a criminal act that endangers public health and violates applicable legal provisions. This study aims to examine the effectiveness of the application of criminal provisions in Law Number 36 of 2009 concerning Health against perpetrators of the distribution of hard drugs without a permit, as well as to assess the independence of judges in making decisions based on Decision Number 83/Pid.Sus/2023/PN Cbi. The method used is normative juridical with a statutory approach, case approach, and conceptual approach. The analysis was carried out comparatively against Law Number 36 of 2009 and Law Number 17 of 2023 concerning Health. The results of the study indicate that the provisions in Article 197 of the 2009 Health Law are still relevant and effective in reaching perpetrators, even though there have been regulatory updates. In addition, judges are considered to have carried out judicial functions independently by considering legal facts and the principle of justice. This study emphasizes the need for consistency in law enforcement to provide proportional legal protection in the health sector.
Criminal Law Enforcement in the Military Againts Same-sexual Assault Perpertators Within the National Armed Forces (Decision Number 67K/Mil2021) Hari, Tour Dini; Purwoto, Ady; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1595

Abstract

Military criminal Law plays an important role in maintaining discipline, moralty, and honor within the Indonesia National Armed Forces (TNI). One of the serious Violations of concern is acts of sexual misconduct, including same-sexual misconduct. The handling of such cases involves not only legal aspects but also ethical values and military discipline. This study analyzes how military criminal law, particular within the scope of the Military Penal Code (KUHPM) and Law Number 25 0f 2014 on Military Disciplen law, regulates and prosecutes perprtrators of same-sexsual misconduct within the TNI. The research method used is normative juridical with a qualitative approach to relevant cases. The findings indicate that akthough legal provisions are already in place, law enforcement still faces obstacles, both due to the closed nature of military culture and the lack of protection for victims. Therefore, there is a need to raise awareness among TNI members to create a more professional military environment and to uphold the good name of the Indonesia National Armed Forces
The Protection of Consumer Rights of BPJS Health Patients in the Perspective of Civil Law Pawening, Triani Indah; Purwoto, Ady; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1534

Abstract

The National Health Insurance Program (JKN), administered by BPJS Health, aims to provide equitable access to healthcare services. However, in practice, various issues still arise, such as service refusal, delays in medical treatment, and discrimination against participants. This study aims to analyze the application of civil liability principles in the legal relationship between patients and healthcare providers, as well as to identify the forms of breach of contract (wanprestasi) that occur. The research method used is normative juridical with a literature study approach, including analysis of laws and regulations, legal doctrines, and case studies. The results show that although regulations exist to protect the rights of BPJS patients as consumers, the implementation remains weak, often resulting in rights violations that may lead to civil liability. This study concludes that strengthening legal protection through regulatory enforcement, enhanced supervision, and education for BPJS participants is urgently needed to ensure fair and accountable healthcare services.
Towards A Progressive Health Law Paradigm: A Philosophical And Juridical Reconstruction Of The Informed Consent Concept In Indonesia Hertanto, Yudhi; Purwoto, Ady
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2508

Abstract

The implementation of the informed consent doctrine in Indonesia is frequently trapped in rigid administrative texts and juridical formalism, which consequently overlooks the essence of patient autonomy. The enactment of Law Number 17 of 2023 concerning Health necessitates a conceptual repositioning of medical treatment consent. This study aims to reconstruct the concept of informed consent through the lens of Progressive Law and Bioethics to establish a balance between patient autonomy and legal certainty for medical practitioners. Utilizing a normative juridical research method with statute and conceptual approaches, this study examines the shift from a paternalistic paradigm to an educational-contractual relationship. The findings indicate that legal reconstruction must position informed consent as a continuous ethical communication process rather than a mere signing of a form. While Law No. 17 of 2023 strengthens transparency, it requires the integration of humanitarian values to minimize medical disputes and malpractice cases, which have increasingly appeared in mass media.