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Analysis of the Decision of the Kotabumi District Court Decision Number: (109/PID.SUS/2019/PN) regarding Nursing Personnel Who Perform Operations without Delegation of Authority from Doctors : Analisis Putusan Pengadilan Negeri Kotabumi No: (109/PID.SUS/2019/PN) tentang Tenaga Keperawatan yang Melakukan Operasi tanpa Pelimpahan Wewenang dari Dokter Fitria, Anis; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 13 (2021): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5181.403 KB) | DOI: 10.21070/ijler.v13i0.739

Abstract

This study aims to determine the juridical analysis of the decision of the Kotabumi District Court with the number 109/PID. SUS/2019/PN KBU. The research method that the author uses is a normative juridical approach using a case approach or commonly known as a case approuch. The conclusion in this study explains that the decision of the Kotabumi District Court with the number . 109/PID. SUS/2019/PN KBU is appropriate because the delegation of authority from doctors to nurses as described in Article 29 paragraph 1 letter e of the Nursing Law is not merely in writing, but the delegation has been included in the SIP. therefore jumraini was found guilty because he was proven to have violated article 46 paragraph (1) and was subject to administrative sanctions.
Legal Protection for Women Victims of Sexual Harassment in Public Spaces in Sidoarjo Regency: Perlindungan Hukum Terhadap Perempuan Korban Pelecehan Seksual di Ruang Publik di Kabupaten Sidoarjo Pertiwi, Tahta; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 16 (2022): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1162.402 KB) | DOI: 10.21070/ijler.v15i0.769

Abstract

Crime in Indonesia continues to grow and lately has caused many victims in society, especially women. In general, victims of crime experienced by every woman, in addition to acts of violence, are acts of sexual harassment. Sexual harassment in Indonesia has often happened, as we know that every day many media report incidents of sexual harassment, especially harassment that occurs in public spaces. The purpose of this study is to determine the suitability of the application of the Law on the Protection of Witnesses and Victims contained in Law no. 31 of 2014 against women victims of sexual harassment in public spaces. The method used is the normative legal method. The results of the study indicate that legal protection for women victims of sexual harassment in public spaces in Sidoarjo Regency has not been fully implemented. Many victims of sexual harassment in public spaces in Sidoarjo Regency are still afraid to speak up because on average, victims of sexual harassment are still made victim blaming considering that there is very little evidence of sexual harassment in this public space.
Juridical Review of the Right to Restitution, Rehabilitation, and Compensation for Victims of the Crime of Trafficking in Persons according to Law No. 21 of 2007 on Court Decisions: Tinjauan Yuridis Hak Restitusi, Rehabilitasi, dan Ganti Rugi Bagi Korban Tindak Pidana Perdagangan Orang Menurut Undang-Undang No 21 Tahun 2007 pada Putusan Pengadilan Putri, Syntia Puspita Andini Ika Hariyanto; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 16 (2022): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1792.021 KB) | DOI: 10.21070/ijler.v15i0.770

Abstract

The two continents and oceans around Indonesia make Indonesia in the position of international shipping trade routes. However, in the geographical location of the State of Indonesia, it is threatened to become a traffic lane for crime. Trafficking in people or persons is not only a domestic concern, but is a universal problem that is increasing every year. The purpose of this research is to find out or provide knowledge about the fulfillment of restitution rights and rehabilitation rights, and compensation for victims of trafficking in persons which are criminal acts in court decisions. Normative juridical law is the method used by the author in this study. This study provides results that the right to rehabilitation, restitution, and compensation for victims of the Criminal Act of Trafficking in Persons in Decision No. 257/Pid.Sus./2019/PN SDA and Decision No. 889/Pid.Sus/2018/PN SDA according to the Law No. 21 of 2007 was not implemented or not applied by the Panel of Judges.
Sanctions for Rejection of Covid-19 Vaccines seen from the Perspective of the Human Rights Act and the Health Quarantine Act: Sanksi Penolakan Vaksin Covid-19 dilihat dari Perspektif Undang-Undang Hak Asasi Manusia(HAM) dan Undang-Undang Kekarantinaan Kesehatan Mawa, Damai Yanti Zulfatal; Mediawati, Noor Fatimah; Phahlevy, Rifqi Ridlo; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 17 (2022): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1488.46 KB) | DOI: 10.21070/ijler.v15i0.772

Abstract

Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.
Juridical Overview of the Application of the Caning Law in the Province of Nanggroe Aceh Darussalam from the Human Rights Perspective: Tinjauan Yuridis Penerapan Hukum Cambuk di Provinsi Nanggroe Aceh Darussalam Dalam Perspektif HAM Mardiana, Nana; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 17 (2022): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2225.424 KB) | DOI: 10.21070/ijler.v17i0.824

Abstract

This study aims to describe and explain the application of caning in Aceh in terms of human rights. Since the issuance of the legal instrument of Aceh Qanun Number 6 of 2014 there have been pros and cons in the community regarding this punishment. This research method uses normative or doctrinal, the data collection process is carried out by reviewing literature that is relevant to the problems written by the author. The result of this research is that the caning punishment in Aceh cannot be said to violate human rights. Because in its implementation it is very concerned about the safety aspect for convicts of whipping. In contrast to imprisonment, the caning sentence after the execution process of the convict can immediately return to normal activities and caning can teach the community not to commit violations.
Legal Evolution: Analyzing Minerba Law No. 3/2020 Amendments on Reclamation and Post-Mining Responsibilities: Evolusi Hukum: Menganalisis UU Minerba No. 3/2020 Perubahan atas Reklamasi dan Tanggung Jawab Pascatambang Lestari, Melati Indah; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 19 No. 2 (2024): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i2.1010

Abstract

This study analyzes shifting norms in Indonesian mining law, focusing on the phrases "and/or" in Article 96 and "guaranteed" in Article 169A paragraph (1) of Law no. 3 of 2020 Minerba. Using a normative method with a statutory approach and historical interpretation, it finds that "and/or" offers flexibility for mining companies in choosing reclamation or post-mining activities, while "guaranteed" is replaced with "can be given," implying stricter conditions for operating permit extensions. This research underscores a redefined responsibility framework, emphasizing adaptability and stringent criteria in mining operations. Highlights : Flexibility in Activity Choice: "And/or" offers mining companies the flexibility to choose between reclamation and post-mining activities, enhancing efficiency. Stricter Permit Conditions: "Guaranteed" replaced with "can be given" implies stricter terms for operating permit extensions, ensuring compliance. Redefined Responsibility Framework: The study reveals a redefined framework emphasizing adaptability and stringent criteria in Indonesian mining law. Keywords: Indonesian mining law, shifting norms, responsibility, reclamation, operating permits
Bridging Public Perception and Law Enforcement in Police Accountability: Menjembatani Persepsi Publik dan Penegakan Hukum dalam Akuntabilitas Polisi Nursukma, Ananda Wahyu; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 19 No. 3 (2024): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i3.1200

Abstract

General Background: Effective law enforcement is crucial for maintaining public trust and ensuring justice, particularly regarding police accountability in criminal acts. Specific Background: This research investigates public understanding and responses to law enforcement concerning police officers who fail to provide services. Despite the significance of reporting mechanisms, existing literature lacks comprehensive insights into the complexities and challenges involved in police reporting from the public’s perspective. Knowledge Gap: There is insufficient empirical evidence on how the public perceives and interacts with law enforcement processes, particularly in cases involving police misconduct. Aims: The study aims to analyze the dynamics of public reporting procedures related to police services and to assess the implications of these processes for improving the police system and public awareness of law enforcement. Results: Employing an empirical legal approach, the research utilizes direct observation and in-depth interviews with relevant stakeholders to gather data. The findings reveal that public perceptions of police accountability are influenced by various factors, including awareness of reporting procedures and perceived efficacy of law enforcement responses. Novelty: This research offers a unique perspective by integrating empirical data to elucidate the complexities surrounding police reporting and public engagement with law enforcement. Implications: The results contribute to a deeper understanding of the challenges within the police reporting system and highlight potential solutions for enhancing justice and order in society, thereby fostering a more transparent and effective law enforcement framework. Highlights: Public Perception: Examines public views on police accountability and reporting. Research Method: Employs empirical approaches through observations and stakeholder interviews. Improvement Solutions: Identifies challenges to enhance justice and public trust in policing. Keywords: police accountability, law enforcement, public reporting, empirical legal approach, justice system
Examining the Causes and Consequences of Wrongful Arrests in Law Enforcement: Menelaah Penyebab dan Konsekuensi Salah Tangkap dalam Penegakan Hukum Yunita, Aingga Rahma; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 19 No. 3 (2024): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i3.1201

Abstract

General Background: Wrongful arrests represent a significant issue within the criminal justice system, garnering public attention due to their serious consequences. Specific Background: These errors can stem from various factors, including eyewitness misidentification, insufficient evidence, and systemic pressures on law enforcement. Knowledge Gap: Despite the known implications of wrongful arrests, there remains a lack of comprehensive understanding regarding the psychological and social impacts on victims, as well as effective preventive measures. Aims: This research aims to explore the underlying causes of wrongful arrests, their effects on individuals and society, and to identify actionable steps for mitigation. Results: Utilizing qualitative methods, including in-depth interviews and case studies with victims, law enforcement officials, and legal experts, the study reveals that the primary contributors to wrongful arrests are errors in eyewitness identification and the urgency to close cases. Victims report severe psychological trauma and enduring social stigma alongside material losses. Novelty: The findings highlight the necessity of integrating advanced technology in identification processes and revising existing policies to reduce wrongful arrests. Implications: The research underscores the importance of enhanced training for law enforcement, the ethical use of technology, and the establishment of compensation mechanisms for victims, advocating for systematic reforms to strengthen public trust in the justice system and promote accountability in law enforcement practices. Highlights: Causes: Eyewitness errors and inadequate evidence lead to wrongful arrests. Impact: Victims experience trauma and social stigma from wrongful arrests. Recommendations: Improve training and use advanced technology for identification. Keywords: wrongful arrest, eyewitness identification, psychological impact, law enforcement, policy reform
Enforcement of Law Number 22 of 2009 concerning Road Traffic on Vehicle Speed ​​Limits on Toll Roads: Penegakan UU Nomor 22 Tahun 2009 tentang Lalu Lintas Jalan terhadap Batas Kecepatan Kendaraan Dijalan Tol Firdausi, Muhammad Farrel Alaysia; Rosnawati, Emy
Indonesian Journal of Public Policy Review Vol. 11 (2020): July
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v11i0.1164

Abstract

The research method used in this paper is a sociological juridical method, which means a research on legal materials that serves to see the law in a real sense and examines how the law works in the community. It can also be said that legal research is taken from the factors that exist in a community, legal entity or government. The results of this study are according to existing rules, the actual speed limit of vehicles is on the toll road 60km/hour and a maximum of 100km/hour, but the reality is that in the field there are still many road users who violate these rules. reports from members who are at their respective reconnaissance places using a tool called a speed gun to determine the speed of passing vehicles, the ticket itself is carried out at the toll exit. As for the obstacles themselves for the PJR Jatim 2 unit so far there have been none because everything went smoothly, while the obstacle was during the rainy season, namely the rain that made it difficult for members to measure the speed of passing vehicles because in the field clearly needed views and good weather to measure vehicle speed.
The Government's Accountability in Granting Permits for Keeping Protected Wildlife as Pets: Pertanggungjawaban Pemerintah dalam Memberikan Izin Kepada Pemelihara Satwa Liar yang Dilindungi Menjadi Binatang Peliharaan Safitri, Sifa' Ulya; Rosnawati, Emy
Indonesian Journal of Public Policy Review Vol. 23 (2023): July
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v23i0.1322

Abstract

This study investigates governmental accountability regarding permits granted for the domestication of protected wildlife. Employing a juridical-normative method with a conceptual approach, it scrutinizes scenarios where wild animals, under domestic care, cause harm. Findings indicate that accountability remains with the owner in the event of wildlife attacks. However, negligence in adhering to granted permits resulting in animal death invokes penalties per Conservation Law No. 5/1990: imprisonment up to 5 years and fines up to Rp. 100,000,000. Notably, dispensations granted due to permit discrepancies underscore the complexity of the issue. This research underscores the legal intricacies and implications of wildlife ownership, stressing the imperative of stringent compliance with conservation laws to preserve endangered species. Highlights: Wildlife Ownership Responsibility: Owners bear accountability for wild animal actions under domestic care. Permit Compliance and Implications: Negligence in permit adherence may lead to legal penalties and wildlife protection law violations. Conservation Law Enforcement: Strict compliance is crucial to safeguard endangered species and maintain biodiversity. Keywords: Wildlife ownership, Legal accountability, Conservation law, Permit compliance, Endangered species
Co-Authors Afnia Nur Masjidah Ahmad Riyadh Umar Balahmar Andriansyah, Mohammad Anissa, Salsabila Ashar, Bramo Al Asri Widya Trisnani Atikha Sidhi Cahyana Azizah, Aulia Sarah Azmi, Li Ulil Bagus Afianto Budiani, Revalio Budiani, Revalio Putra Drajad Kuncoro Aji Erny Herlin Setyorini, Erny Herlin F. M., Izza Saltsa Fauzi, Lutfiah Fidayanti, Anita Rohma Fiddinia, Irta Firdausi, Muhammad Farrel Alaysia Fitria, Anis Handy Ariansyah Hasan, Rizqi Hermansyah, Malik Muhammad Herni Eva Wulandari Ika Mariyati, Lely Indakto, Ratro Islam, Alif Izza Anshory Jamaaluddin Kharis, Dwishar Khotimah, Siti Dewi Khumairoh, Bulqis Kosasih, Jaylu Krisna Brian Adam Putra Ladita, Firrisa Farah Lestari, Lusiana Lestari, Melati Indah Made Warka, Made Maharani, Yuniar Carmelia Mardiyani, Sindi Mega Masuddin, Noor Masudin, Noor Mawa, Damai Yanti Zulfatal Moch Tanzil Multazam Mohammad Chandra Bachtiar Effendi Monica Firda Nurjannah Nana Mardiana Nini Ayu Nataria Rawis Nisa' Nur Amalia Noor Fatimah Mediawati Nurhayati Nursukma, Ananda Wahyu Okviani Assa Anggraini Pahlevy, Rifqi Ridhlo Patama, Ilham Muhammad Jalu Perta Wida Subastian Pertiwi, Tahta Pradhista, Vendira De Pramesti, Yusri Ardiyah Pramitaqwati, Anindya Prasetyo, Suyo Gigih Pristiwanto Putri, Syntia Puspita Andini Ika Hariyanto Rachman, Dhea Amanda Aulia Rangga, Naufal Catur Resy Aprista Rifqi Ridho Phahlevy Rifqi Ridlo Phahlevy, Rifqi Ridlo Rositasari, Dewi Safari, Ferdi Safitri, Sifa' Ulya Sanjaya, Yusrizal Sarda Novanda Sari, Dwi Anita Puspita Satrio, Bram Saxti, Muhammad Bima Setiadi, Fajar Nur Sifani Ekawati Siti Musdalifa Soamole, Muhammad Giffari Sri Budi Purwaningsih Sulaiman Sulaiman Sumarsono, Tresnia Octaviani Suyo Gigih Prasetyo Ummah, Faizzah Wardatul Wati, Anindya Pramitaqwati Wulayana, Damar Yuli Rahmawati Yuniar Imroatus Solikhah Yunita, Aingga Rahma Zain, Nur Khofifah