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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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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.
Reverse Evidence System in Corruption Crime: Critical Analysis, Obstacles and Challenges Mamanda Tarigan, Fitra; Arif Sahlepi, Muhammad; Abdul Rahman Maulana Siregar
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.6491

Abstract

This research aims to discuss the legal arrangements of reverse evidence in corruption trials and comprehensively examine the obstacles and challenges of reverse evidence in corruption cases. The type of research is normative juridical, which discusses certain legal phenomena and analyses them based on laws or norms that live in society. The results of this study show that the reverse proof system is regulated in the provisions of Article 37, Article 37A, and Article 38B of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption, which states the defendant's obligation to prove otherwise against property owned not derived from the proceeds of corruption crimes. Reverse proof of corruption crimes has obstacles and challenges such as legal substance factors, focus of proof, inconsistency, violation of rights, and resistance of law enforcement. The challenges of reverse proof are: improving the performance, professionalism, and integrity of law enforcement officials, as well as the clarity of regulations to apply reverse evidence outside of corruption crimes such as narcotics and terrorism.
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.
Penegakan Hukum Keimigrasian Terhadap Warga Negara Asing Yang Menyalahgunakan Izin Tinggal Kunjungan Di Indonesia Shafina, Lailan; Arif Sahlepi, Muhammad
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17965

Abstract

This research examines the enforcement of immigration law against Foreign Nationals (FNs) who abuse their stay permits in Indonesia. However, their presence often involves violations of immigration rules, such as overstaying, which impact immigration regulations and policies. The necessity of internationally based laws to regulate residency becomes crucial in addressing these challenges. While the arrival of FNs can have positive impacts such as increased tourism and investment, there are also risks of negative impacts, including national security and resilience. This study employs a qualitative approach using juridical-normative legal research methods, gathering data through literature studies related to the abuse of stay permits by FNs. The analysis results indicate the need for strict law enforcement through administrative actions, investigation, and prosecution of immigration violations. Despite these efforts being crucial for maintaining national sovereignty, challenges persist such as limited community participation in reporting violations, as well as budgetary and human resource constraints in immigration law enforcement. In conclusion, immigration law enforcement in Indonesia requires strong cross-sectoral coordination, increased public awareness, and reforms in human resource management and budgeting to enhance its effectiveness. These steps are necessary to uphold national sovereignty and ensure justice in immigration law enforcement against FNs in Indonesia.
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.
Immigration Law Enforcement Against Foreign Nationals Who Misuse Visit Residence Permits in Indonesia Lailan Shafina; Muhammad Arif Sahlepi
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.207

Abstract

This research examines the enforcement of immigration law against Foreign Nationals (FNs) who abuse their stay permits in Indonesia. However, their presence often involves violations of immigration rules, such as overstaying, which impact immigration regulations and policies. The necessity of internationally based laws to regulate residency becomes crucial in addressing these challenges. While the arrival of FNs can have positive impacts such as increased tourism and investment, there are also risks of negative impacts, including national security and resilience. This study employs a qualitative approach using juridical-normative legal research methods, gathering data through literature studies related to the abuse of stay permits by FNs. The analysis results indicate the need for strict law enforcement through administrative actions, investigation, and prosecution of immigration violations. Despite these efforts being crucial for maintaining national sovereignty, challenges persist such as limited community participation in reporting violations, as well as budgetary and human resource constraints in immigration law enforcement. In conclusion, immigration law enforcement in Indonesia requires strong cross-sectoral coordination, increased public awareness, and reforms in human resource management and budgeting to enhance its effectiveness. These steps are necessary to uphold national sovereignty and ensure justice in immigration law enforcement against FNs in Indonesia.
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.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN EKSPLOITASI SECARA SEKSUAL Simamora, Elsa Khairani Br; Siregar, Fitria Ramadhani; Sahlepi, Muhammad Arif
JURNAL KELUARGA SEHAT SEJAHTERA Vol 23 No 1 (2025): JURNAL KELUARGA SEHAT SEJAHTERA
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/jkss.v23i1.64686

Abstract

Children are individuals who legally require special protection due to limitations in dealing with problems, including when they become victims of crime. One form of crime that is very detrimental to children is sexual exploitation. Discussing legal regulations and forms of protection for children as victims of sexual exploitation. Acts of sexual exploitation as a serious crime against children's rights. Based on Article 59A of Law Number 35 of 2014 concerning Child Protection, the government is required to provide special protection for children who are victims of sexual exploitation. The protection provided consists of handling, psychological assistance, provision of social assistance and assistance in every legal process.
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.
LAW ENFORCEMENT AGAINST MOTORCYCLE MURDER ACTIONS RESULTING IN LOSS OF LIVES IN THE LEGAL SYSTEM IN INDONESIA Muhammad Daud Tarigan; Ismaidar, Ismaidar; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.35

Abstract

This study examines the phenomenon of vigilante action that often occurs in Indonesian society, especially in the context of Begal perpetrators who have resulted in loss of life. The main focus of this study is to understand the application of criminal law to perpetrators of vigilante action, by exploring the relevant legal provisions in the Criminal Code (KUHP) and their implications in resolving cases. This study is descriptive analytical and uses a normative legal method with a literature study approach, involving primary, secondary, and tertiary legal materials. The results of the study show that, although the Criminal Code does not explicitly regulate vigilantism, articles such as Article 170 on violence, Article 351 on assault, and Article 354 on serious assault, can be applied to prosecute perpetrators. The cases raised in this study show that vigilantism is often motivated by public disappointment with the police response which is considered slow and ineffective. This causes a strong reaction from the public which leads to persecution or even murder of perpetrators of crimes caught by the masses. The study recommends the need for more effective and responsive law enforcement by law enforcement officers and increased legal education for the community to reduce vigilante actions. Increasing public trust in law enforcement agencies is also very important to prevent the community from taking legal action into their own hands.
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