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PROBLEMATIKA PEMENUHAN HAK MENYAMPAIKAN PENDAPAT DAN PELANGGARAN TERHADAP HAK ATAS KESEHATAN DI INDONESIA Tat Marlina; Duwi Handoko
Ensiklopedia of Journal Vol 3, No 4 (2021): Vol 3 No 4 Edisi 1 Juli 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.

ASPEK-ASPEK HAK ATAS PENDIDIKAN SEBAGAI BAGIAN DARI HAK ASASI MANUSIA Duwi Handoko; Tat Marlina; Ferry Asril
Ensiklopedia of Journal Vol 3, No 4 (2021): Vol 3 No 4 Edisi 1 Juli 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

The purpose of this paper is to find out the regulation of the right to education in Indonesian law and the development of thinking in the field of the right to education as part of human rights in the economic, social and cultural fields in Indonesia. This type of research is normative legal research that specifically discusses human rights. Data analysis in this study was carried out systematically based on research problems described qualitatively. Thoughts on the right to education as part of human rights in the economic, social and cultural fields in Indonesia cannot be separated from the rules of international law related to the right to education. The right to obtain education in an international environment is seen as an international legal rule (agreement) so that the state's obligation to meet the educational needs of its citizens is a contractual obligation. Failure to carry out this obligation would be a violation of the agreement so that the limits of state liability and the implementation mechanism depend on the agreement in question.

THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW) Irfan Ardiansyah; Duwi Handoko; Beni Sukri
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator.

PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA Tat Marlina; Duwi Handoko; Riadi Asra Rahmad
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.

TINDAK PIDANA TERORISME: SEJARAH, AKAR PERSOALAN, DAN UPAYA PENANGGULANGANNYA Duwi Handoko; Hulaimi; Lewiaro Laila; Rahmad Alamsyah
JURNAL SOSIO-KOMUNIKA Vol 1 No 1 (2022): Mei
Publisher : LPPM STISIP Persada Bunda

Human motivation to do something (both positive and negative) driven by internal and environmental factors certainly cannot be answered clearly and completely. One of the human motivations from the negative side is humans who are motivated to carry out acts of terrorism. Therefore, this study formulates the problem of how is the history of terrorism crimes? What are the root causes of the crime of terrorism? and what are the efforts to prevent and eradicate criminal acts of terrorism? The type of this research is normative legal research. The data collection method used is a literature study by conducting a study of the literature related to the object of research. Data analysis was carried out systematically based on the formulation of the problem and described qualitatively. The history of criminal acts of terrorism starting from the traditional to the modern is an act of violence that is void (in vain) to be carried out. The root problems that gave rise to criminal acts of terrorism were initially only related to poverty, injustice, and social inequality. However, at this time, the root causes of the emergence of the terrorism movement are using the issue of religious elements as a weapon to inflame the resistance movement. The interpretation of the teachings of religious elements encourages a few groups to carry out terror movements. Efforts to prevent and eradicate criminal acts of terrorism, among others, can be carried out by conducting early detection and deterrence to eliminate the growth and development of terrorism ideology and activities.

PERBANDINGAN KONSTITUSI MADINAH DAN KONSTITUSI AMERIKA SERIKAT DALAM POLITIK KETATANEGARAAN Duwi Handoko; Rahmad Alamsyah; Hulaimi; Khairul Azwar Anas
JURNAL SOSIO-KOMUNIKA Vol 1 No 2 (2022): November
Publisher : LPPM STISIP Persada Bunda

Law is a political product if it is understood to be one in this sense, but it can also refer to law in other senses, such as the constitution or the basic law. Therefore, this study poses the question: How were the fundamental articles of the Medina Constitution established at the outset of a nation? What fundamental rules govern a nation at its inception, according to the United States constitution? And what are the parallels and divergences in the constitutional development of the Medina constitution and the US Constitution? This research is of the normative legal research variety. By studying the literature pertinent to the topic of the research, a literature study is employed as the data gathering technique. Based on the definition of the problem, a systematic data analysis was conducted, and the results were qualitatively stated. Declaring the formation of a new ummah to create a new state was one of the fundamental principles of the Medina Constitution at the time the state was established (Islamic State). At the time of the country's establishment, the fundamental clauses of the United States Constitution were already written. The Medina constitution's constitutional growth is comparable to that of the US Constitution in that both are written documents that are always being modified. While the United States constitution does not make any religion the form of its state, the Medina Constitution makes Islam the form of its state.

TITIK AWAL PEMBERANTASAN TINDAK PIDANA KORUPSI Duwi Handoko
Riau Law Journal Vol 3, No 2 (2019): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Corruption in Indonesia has been very widespread in society and continues to increase every year. Increased uncontrolled corruption will bring disaster not only to the life of the national economy but also to the life of the nation and state in general. To achieve the purpose, which is to find out and analyze the solution to eradicate corruption and the eradication of corruption should begin, normative legal research methods are determined with the nature of descriptive research. The solution to eradicating corruption can be done by strengthening the faith and culture of shame, a proper payroll system, system, bureaucracy, and anti-corruption and anti-corruption laws, reversed proof, severe punishment, strict and indiscriminate law enforcement, and collective awareness and public control. Departing from the history of the term corruption, it is only known in criminal legislation outside the book of criminal law, namely since the existence of the Military Rule Number Prt/PM/06/1957 dated April 1, 1957 concerning Eradication of Corruption. Then there is no harm in eradicating corruption beginning with the delegation of duties, functions, authorities, and things that are not contrary to other laws in the eradication of corruption to the military, which at this time can be prosecuted in fighting enemies of countries that are no longer involved in active politics, as well as proof of service to a country that is attacked by a disease that is difficult to treat.Key words: Corruption, State Enemy, Military

Hak Sipol: Hak Dipilih dan Hak Memilih serta Hak Ekosob: Hak atas Pendidikan martha hasanah rustam; Duwi Handoko
Riau Law Journal Vol 4, No 1 (2020): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

AbstrakPenelitian ini bertujuan untuk mengetahui Hak Sipol, khususnya dalam lingkup hak dipilih dan hak memilih serta dalam lingkup Hak Ekosob, khususnya hak atas pendidikan. Jenis penelitian ini adalah penelitian hukum normatif yang khusus membahas tentang hak asasi manusia di bidang pemilihan umum dan pendidikan. Hak untuk bebas memilih dan dipilih tidak hanya dalam pemilu dalam pemilihan wakil-wakil rakyat yang duduk di kursi parlemen ataupun dalam pemilihan presiden dan calon presiden. Pendidikan mencakup berbagai elemen baik hak ekonomi, sosial dan budaya dan juga hak sipil dan politik. Hak atas pendidikan itu sendiri adalah hak asasi manusia dan merupakan suatu sarana yang mutlak diperlukan untuk mewujudkan hak-hak lain. Tanpa pendidikan mustahil bagi seseorang untuk dapat berpartisipasi dalam pemilihan umum yang demokratis, dan berpartisipasi dalam kehidupan publik. Hak atas pendidikan ini dirumuskan untuk memastikan ketersediaan pendidikan dasar tanpa biaya bagi anak, orang tua, atau wali. Biaya yang dibebankan oleh pemerintah, otoritas setempat, atau pihak sekolah, dan biaya-biaya lainnya, akan mengakibatkan berkurangnya peluang penikmatan hak tersebut dan dapat mengancam realisasinya. Kata Kunci: Hak atas Pendidikan, Hak Memilih dan Dipilih, HAM Ekosob, HAM Sipol, Pertahanan dan Keamanan AbstractThis study aims to find out the Civil Rights Rights, especially in the scope of the right to be elected and the right to vote and within the scope of Social and Political Rights, specifically the right to education. This type of research is normative legal research that specifically addresses human rights in the field of elections and education. The right to be free to choose and be elected is not only in elections in the election of people's representatives who sit in parliamentary seats or in presidential and presidential candidates. Education includes various elements both economic, social and cultural rights as well as civil and political rights. The right to education itself is a human right and is a means that is absolutely necessary to realize other rights. Without education it is impossible for someone to be able to participate in democratic elections, and participate in public life. The right to education is formulated to ensure the availability of basic education at no cost to children, parents or guardians. Costs incurred by the government, local authorities, or school parties, and other costs, will result in reduced opportunities for the enjoyment of these rights and can threaten their realization. Keywords: Right to Education, Voting and Voting Rights, Human Rights Violence, Human Rights Civil Defense, Defense and Security

NOT EVERY CRIME IS CRIMINAL ACT Irfan Ardiansyah; Duwi Handoko; Rustam Rustam
Ensiklopedia of Journal Vol 5, No 1 (2022): Vol. 5 No. 1 Edisi 1 Oktober 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

If I say that crime is may be prosecuted by the state and is punishable by law. Is it possible to commit a sin can be punished by state law? For simple example is lie. Lies can be threatened with punishment because it is one form of crime (fraud). Lies cannot be threatened as well as punishments in criminal law because they are breach of contract (defaults). Even though within of criminal law, "perpetrators" of lies can be punishment, is it appropriate to punish children who lie? For the answer to this question, the author requested an agreement from the readers to answer it within of religious law. When legal system in a country prohibits evil activities (sin/crime), these criminals can overcome this by traveling to other country where such evil activities are legal and not criminal act. I call it: not every crime is criminal act.

PERAN DAN TANGGUNG JAWAB KONSUMEN UNTUK MENCEGAH PRAKTIK PENIPUAN DALAM TRANSAKSI ONLINE DARI PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Martha Hasanah Rustam; Hamler Hamler; Tat Marlina; Duwi Handoko; Rahmad Alamsyah
Riau Law Journal Vol 7, No 1 (2023): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.v7i1.8050

AbstractFraud in the context of online transactions can occur despite consumer precautions. This article discusses consumer fraud practices in online transactions and prevention methods using a normative legal research method and statute and conceptual approach. The main findings of this article are that consumers play a crucial role in preventing online transaction fraud, such as verifying the website or online store before conducting transactions, not providing sensitive personal information, and reporting fraudulent activities to authorities. The impact of consumer understanding of their role and responsibility in preventing online transaction fraud is the potential reduction of fraudulent cases and protection of consumers from financial losses and misuse of personal information. This article aims to increase consumer awareness of the importance of taking preventive measures to prevent online transaction fraud.AbstrakPenipuan dalam konteks transaksi online dapat terjadi meskipun konsumen telah melakukan tindakan pencegahan. Artikel ini membahas praktik penipuan dalam transaksi online oleh konsumen dan cara mencegahnya dengan menggunakan metode penelitian hukum normatif dan pendekatan statute dan conceptual approach. Temuan utama tulisan ini adalah bahwa konsumen memiliki peran penting dalam mencegah praktik penipuan dalam transaksi online, seperti melakukan verifikasi terhadap situs atau toko online sebelum melakukan transaksi, tidak memberikan informasi pribadi yang sensitif, dan melaporkan tindakan penipuan kepada pihak berwenang. Dampak dari pemahaman konsumen terhadap peran dan tanggung jawab mereka dalam mencegah praktik penipuan dalam transaksi online adalah dapat mengurangi jumlah kasus penipuan online yang terjadi dan melindungi konsumen dari kerugian finansial dan informasi pribadi yang dapat disalahgunakan. Artikel ini diharapkan dapat meningkatkan kesadaran konsumen tentang pentingnya melakukan tindakan preventif untuk mencegah praktik penipuan dalam transaksi online.

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