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All Journal Pembaharuan Hukum Sriwijaya Law Review UIR LAW REVIEW Legal Standing : Jurnal Ilmu Hukum Jurnal Review Pendidikan dan Pengajaran (JRPP) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah METADATA Jurnal Al-Hikmah Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat International Journal of Health, Economics, and Social Sciences (IJHESS) Jurnal Ekonomi Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Research in Social Science and Humanities Jurnal Multidisiplin Dehasen (MUDE) East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Humanities Education and Social Sciences Formosa Journal of Social Sciences (FJSS) Journal Evidence Of Law Formosa Journal of Sustainable Research (FJSR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Hukum Pidana dan Pembangunan Hukum Jurnal Meta Hukum JUDGE: Jurnal Hukum International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Innovative: Journal Of Social Science Research PKM Maju UDA 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 JURNAL KELUARGA SEHAT SEJAHTERA 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
Universitas Pembangunan Panca Budi
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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.
IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST CHILDREN WHO COMMIT CRIMINAL OFFENSES Suwardana, Rudi; Arif Sahlepi, Muhammad; Zarzani, T. Riza
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.v6i1.354

Abstract

This research examines the juvenile criminal justice system in Indonesia, particularly in relation to the implementation of criminal sanctions against children involved in criminal acts. Using library research methods, this study explores various relevant literature and legal documentation to understand the approach taken in handling cases of children in conflict with the law. This research found that there is a tendency to prioritize restorative justice and diversion, which aims to reintegrate children into society without involving formal court processes. Diversion, as an alternative case resolution, allows children to avoid social stigma and long-term legal consequences that can hinder their personal development. The main focus is on rehabilitation and reintegration, taking into account psychosocial and environmental conditions that influence children's behavior. The research results show the need for a more holistic approach in the juvenile criminal justice system that is not only oriented towards punishment, but also towards recovery and development of children as individuals.
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.
AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Abstract

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.
Co-Authors , Rahul Ardian Fikri Abdul Rahman Maulana Siregar Ahmad Albar Alpino Apriyanto Siahaan Charles Rangkuti Christine Natalia Pangaribuan Daniel Edward Hernando Situmorang Deny Prabowo Dewa Sujira Emmeninta Florensia Surbakti Fahmy Syaputra Harahap Fazizullah Fazizullah Febrina Safitri Ferry Irmawan Firman Halawa Funna, Putri Khairani Habeahan, Delianto Halawa, Firman Hanifah Anas Hanifah Anas Harefa, Jesslyn Elisandra Hasibuan , Lidya Rahmadhani Hasiholan Simamora Hendra Agustinus Henry Aspan Hepy Krisman Laia Ismaidar Ismaidar , Ismaidar Ismaidar I, Ismaidar Jesslyn Elisandra Harefa Juni Hendrianto Karolus Agung Dery Rianto Kasim Kasim Ketaren, Eme Pepayosa Br Lailan Shafina Lubis, Hawani Mamanda Tarigan, Fitra Marlina, Marlina Marzuki Marzuki Marzuki Meliala, Nugraha Manuella MHD AZHALI Siregar Muhammad Azhali Siregar Muhammad Daud Tarigan Muhammad Fadhil Wibisana muhammad Yamin Lubis Mus Mulyadi Mustamam Mustamam Nasution, Chairuni Nelvita Purba Nugraha Manuella Meliala Nurita, Cut Pahala Raja Situmorang Pandu Hikma Winata Batubara Patar Banjarnahor Purba, Nelvita Purba, Nelvitia Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Ramadani, Suci Redyanto Sidi Redyanto Sidi Restika Ndruru Ris Piere Handoko Robby Yusuf Syahputra Robet Padli Robet Padli Romy Maranatha Ginting Sakina, Putri Yosida Saptha Nugraha Isa Saragih, Elisabeth Sastra Wirawan Shafina, Lailan Sihombing, Yossri Mantaw Simamora, Elsa Khairani Br Simamora, Hasiholan sinergilp, Zufarnesia Siregar, Fitria Ramadhani Siregar, Muhammad Azhali Siswandi Perwira Negara Siregar Sri Sulistyawati SRI UTAMI Sry Ningsih Saragih Sumarno Susanti, Rulita Susilawati Susilawati Suwardana, Rudi syafira ardani Syarifuddin Syarifuddin Syavica, Zahrana T. Ikhsan Ansyari Husny Tengku Mabar Ali Tengku Riza Zarzani N Tonnes Gultom Tumiran Tumiran Venny Zahara Wibi Eka Prabowo Wildan Fahriza Yamin Lubis Yasmirah Mandasari Saragih Yudhistira, Bonar Zamzam Mubarok