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All Journal Jurnal Dinamika Hukum Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Ilmiah Galuh Justisi As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Jurnal Idea Hukum AMNESTI : Jurnal Hukum JHCLS Jurnal Impresi Indonesia Pancasila: Jurnal Keindonesiaan Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Soedirman Law Review Acten Journal Law Review Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Setya Wahyudi
Universitas Jenderal Soedirman
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Dinamika Hukum

 1 
APPLICATION OF DIVERSION PENAL MEDIATION ON SEXUAL VIOLENCE CASES TO REALIZE CHILD PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE Setya Wahyudi; A Angkasa
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1704

Abstract

Diversion is the granting of the authority of law enforcers to transfer the settlement of Child cases from the criminal justice process to the criminal justice process, with the aim of achieving peace between the victim and the child who commits a crime. This research is to find out about: how to apply diversion to cases of sexual violence against children, and whether diversion penal mediation can be applied to cases of sexual violence to realize the protection of children victims of sexual violence. Based on research in Central Java, barriers to the application of diversion system are from legislative factors, structural factors as well as community legal cultural factors. Along with the application of reasoning mediation diversion, these obstacles can be avoided. The application of the diversion penal mediation as a means to protect children of perpetrators and children of victims of child sexual violence. In the future there needs to be a willingness and courage for child law enforcers, to apply the diversion penal mediation to cases of child sexual violence Keyword: diversion, penal mediation, sexual violence
PENEGAKAN PERADILAN PIDANA ANAK DENGAN PENDEKATAN HUKUM PROGRESIF DALAM RANGKA PERLINDUNGAN ANAK Setya Wahyudi
Jurnal Dinamika Hukum Vol 9, No 1 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.1.52

Abstract

Law enforcement with progressive law approach was very fit to implements in juvenile justice enforcement, because juvenile juctice enforcement more signalyzed at juvenile protection’s interest. The relevance of proressive law enforcement with juvenile justice system in Indonesia, relied on the aim of juvenile justice system and with the existence of arrest rule, detention and penals fallout as effort and the form of sanction to juvenile, which can in treatment form which laid in juvenile justice constitution. Desire  of  criminal law  enforcement with the progressive law approach in juvenile justice system in Indonesia not yet been fully conducted, this matter is known by the police, attorney, and judge tendency, which still hold on positivistic view, so that criminal law enforcer tend to do some detention to the juvenile constitution, while sanction fallout with an eye for child protection and prosperity not yet become the especial consideration. Kata kunci: pendekatan hukum progresif, Juvenile Justice System, perlindungan anak
The Effectiveness of the Revitalization of Correctional Services in the Development of Terrorist Prisoners Setya Wahyudi; Angkasa Angkasa; Dwi Hapsari Retnaningrum; Eriene Chindi Octaviandini
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3355

Abstract

Terrorist prisoners are characterized by the nature of radicalism that can endanger the existence of the Indonesian state. For this reason, while serving their prison sentences they are treated to a coaching program aimed at deradicalization. Concerning optimizing the development of prisoners, there are provisions of the Regulation of the Minister of Law and Human Rights Number 35 of 2018 concerning the Revitalization of Correctional Services. The revitalization of the implementation of the requirement is intended to improve the implementation of correctional duties and functions. This research is the first problem, how is the effectiveness of the revitalization of prisons in the development of terrorist prisoners, and the second is the factors that become obstacles in the effectiveness of the revitalization of coaching of terrorist prisoners. Research methods with a sociological juridical approach method, data in the form of primary data and secondary data taken from research locations at the Cipinang Jakarta Prison, Cirebon Prison, and Batu Malang Correctional Institution. Data analysis using qualitative analysis. The results of the study found that the revitalization of correctional services in the development of terrorist prisoners have not been effective because there has not been a complete creation of deradicalization. Obstacles to the effectiveness of the revitalization of coaching of terrorist prisoners are the legal structure factor and the legal cultural factor in terrorist prisoners. For ordinary prisoner coaches who are assigned the task of fostering terrorist prisoners (deradicalization), it is necessary to provide education and training on profiling and assessment of terrorist prisoners.Keywords:Deradicalization; Terrorist Prisoners; Revitalization 
Application of Restorative Justice in Health Crime Retnaningrum, Dwi Hapsari; Wahyudi, Setya; Budiyono, Budiyono; Nugroho, Norcha Satria Adi
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3207

Abstract

Health sectors covers wide range of criminal acts, including medical malpractice, circulation of illegal drug, pharmacy and prescription drug fraud, and hospital unprofessionalism. The Number of victims due to crimes in health sector is far more than what it appears to be. An example of crimes within the health sectors is medical malpractice. Malpractice is a bad practice. Restorative justice as new approach offers a solution to criminal cases that focus more on the recovery rather than vengeance. Therefore, the issue that need to be discuss is whether health crimes equate to medical malpractice and how should the application of restorative justice be applied to criminal acts in health sectors. One of the main reasons to implement restorative justice is because the victim as the party who is most harmed and suffers, is in fact generally being abandoned in criminal justice system. The care and protection given to the victim felt not yet adequate especially if the aim is to restore the victim’s suffering. This study shows that health crimes does not equate to medical malpractice because as the name suggested medical malpractice entail a profession. However, criminal acts can be committed by anyone. The application of restorative justice should be applied to cases in health sectors that involve negligence and not cases based on intent. The application of restorative justice can be beneficial to perpetrators, victims, and society. Keywords: restorative justice, malpractice, health crime 
TANGGUNG JAWAB RUMAH SAKIT TERHADAP KERUGIAN AKIBAT KELALAIAN TENAGA KESEHATAN DAN IMPLIKASINYA Wahyudi, Setya
Jurnal Dinamika Hukum Vol 11, No 3 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.3.178

Abstract

Justification hospital responsible for the losses resulting from the negligence of health workers in hospitals, namely the existence of the doctrine of respondeat superior, the doctrine of the hospital responsible for the quality of care (duty to care); and doctrine of vicarious liability, hospital liability, corporate liability. These doctrines are implemented on the provisions of Article 46 of Law Hospital in Indonesia, which determines that the hospital liable for all losses incurred on the negligence of health personnel in hospitals. The implications of the provisions was not easy for the public / patients to make compensation claims to the hospital, because it turns out there are reasons that can cause not all acts of negligence of health workers in hospitals is responsibility of the hospital. These reasons, such as health workers are not workers in the hospital; not know what parts are included in the therapeutic agreement with the doctor and what parts are included into the into the contract with the hospital.Key words: hospital responbility; negligence, health workers
Co-Authors Adiba Alya Aditya Rizka Utami Agus Raharjo Alef Musyahadah Rahmah Angkasa Angkasa Angkasa Angkasa Arifah, Neila Qurrotu Nour Asror, M. Khozinul Baskara Putra Setyawan BUDIYONO Budiyono Budiyono Budiyono, Budiyono Cendy Cendy Dessi Perdani Yuris Dessi Perdani Yuris Puspita Sari, Dessi Perdani Yuris Dwi Hapsari Retnaningrum Dwi Hapsari Retnaningrum Eriene Chindi Octaviandini Eris Rudipta Fadya Shafa Fadillah Fatmawati Fatmawati Fatmawati, Fatmawati Fauziyah, Rezza Gustono, Andi Handayani, Pratiwi Hendriana, Rani Hendriana, Rani Hibnu Nugroho Hidayat, Sa'ban Alfin Hidayatulloh, Taufiq Indriawan, Denny Isma Jati Puspo Ismail, Noorfajri Jeffry Eguh Pangestu Jefri Romy Pebrianto Silalahi Jessica Gloria Kuat Puji Prayitno Maulana, Rizki Iqbal Miftah Nur Affuah Nabila Rana Widiya Nugroho, Norcha Satria Adi Nunna, Bhanu Prakash Nurbani, Agung Oktobrian, Dwiki Pamungkas, Iga Pangestu, Jeffry Eguh Pati, Umi Khaerah Pradana, Mochamad Agung Primadi Bagus Saputro Rachma, Alfianti Dwi Rahadi Wasi Bintoro Rizki Iqbal Maulana Sanyoto Sanyoto Sekar Ayu Kusumawardhani Sri Wahyu Handayani, Sri Wahyu Suyadi Suyadi Sylfanny Dwi Koesnindary Tedi Sudrajat Tri Yulianta Nugraha Utami, Nurani Ajeng Tri Zahra Zukhrufurrahmi Zephyr