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Bastianto Nugroho
Faculty of Law, Merdeka University Surabaya
Health Professions Law, Crime, Criminology & Criminal Justice

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Abortion In The Aspects of Criminal Law And Health Agung Putri Harsha Satya Nugraha; Vivin Indrianita; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Abortion or commonly referred to abortion into the human civilization because humans do not want the pregnancy. Since centuries ago, many nations have known checkers wear some plant species believed to stimulate contraction of uterus to shed or dropped fetus. Abortion itself can occur either due to human actions (abortion provocatus) or because of natural causes, that happens by it self, in the sense that not because of human actions (abortion spontatus). Abortion is happening because of human actions can occur either because it is driven by medical reasons, such as pregnant women who suffer from a disease and to save the lives of these women then abortion must be terminated (abortion therapeuticus). Besides, for reasons that are not justified by the law (abortion criminalis). The method used in this research is normative juridical consideration that the starting point of the research analysis of the laws and regulations of the Criminal Code, Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection, and Law No. 36 of 2009 on health associated with the renewal of the crime of abortion.
Accountability of Criminal Actors Terrorism Funding Bastianto Nugroho; M. Roesli; Surti Yustianti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September
Publisher : Faculty of Law, Merdeka University Surabaya

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The word terrorist and terrorism comes from the Latin word terrere which means more or less shaking or vibrating. The word terror can also cause horror. Of course, the horror of the victim's heart and mind. Furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. However, until now there is no definition that can be universally accepted. Understanding terrorism for the first time discussed in the European Convention on the Suppression of Terrorism (ECST) in Europe in 1977 there was an expansion of the meaning paradigm from Crimes Against State to Crimes Against Humanity. Crimes Againts Humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. The association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. In this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. The writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law.
The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments Bambang Panji Gunawan; Surti Yustianti; Mohammad Roesli; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept.
Law Enforcement Against Street Crimes During a Pandemic That Occurred In Sidoarjo Agung Kurniawan; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.141

Abstract

The purpose of this research is Law Enforcement Efforts Against Street Crime Period in Sidoarjo. The research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the research In carrying out the prevention of street crime, the Sidoarjo City Police made several efforts, namely with Preventive Efforts and Repressive Efforts. The efforts to overcome street crime are carried out by carrying out patrols carried out by the police, the establishment of Tangguh village posts spread across almost all areas from the RT, RW and Village levels, empowerment of Bhabinkamtibmas, involvement of elements related to handling the pandemic (TNI, Regional Government, BPBD), carry out operations to control the completeness of motorized vehicles, with the application the community can easily communicate with the police, and also the police give mandate to the community if a crime occurs so that they can immediately report it to the authorities. And there are also obstacles What is often encountered by the Sidoarjo City Police is that the public does not understand the dangers of the Covid 19 pandemic and its impact on the increase in crime, by ignoring health protocols and decreasing the level of vigilance for the occurrence of crime. The public's rejection of the efforts / policies taken by the government related to the handling of the Covid 19 Pandemic on the grounds that these policies limit the space for people to find sustenance, as well as the limited number of personnel and finances for the deployment of a humanitarian operation.
Juridical Study on the Criminal Acts of theft by Minors at the Surakarta Supardi; Bastianto Nugroho; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.142

Abstract

The purpose of this study is to analyze the punishment for the crime of theft committed by children. under age. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the study of the Juridical Study of the Criminalization Conducted by Judges Against the Crime of Theft Perpetrated by Minors in the Surakarta District Court based on Law No. 3 of 1997 concerning Juvenile Court. That the Surakarta District Court Judge has acted in accordance with the applicable laws and regulations, namely the Criminal Code, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In making a decision, the judge will consider several things, namely: evidence, the fulfillment of the elements of a criminal act, aggravating and mitigating matters, and the presence or absence of excuses and justifications. From these considerations, the judge handed down a decision against the naughty child. The punishment carried out by the Surakarta District Court judge against minors who commit the crime of theft is still far from the maximum penalty that can be imposed, which is in accordance with Article 11 paragraph (1) of Law Number 3 of 1997.
Co-Authors Agung Kurniawan Agung Putri Harsha Satya Nugraha Bambang Panji Gunawan Roesli, Mohammad Supardi Supolo Setyo Wibowo Surti Yustianti Vivin Indrianita