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SANCTIONS OF CASTRATED FOR CHILDREN VIATORS REVIEWING FROM HUMAN RIGHTS Ajie Prasetya; Aris Prio Agus Santoso; Yulia Emma Sigalingging
International Journal of Law and Legal Ethics Vol 3 No 2 (2022): Vol 3 Issue 2 Oct 2022
Publisher : DUTA BANGSA UNIVERSITY INDONESIA

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The problem of sexual violence is difficult to overcome and almost impossible to eliminate, the victims are mostly children so that the castration sentence is sought to be an additional sanction in addition to the main punishment. The castration sanction is a polemic because the castration provision can affect human rights. The purpose of this research is to what is the criminal law policy for imposing castration sanctions anda how is castration sanctioned in terms of human rights. The research method is normative with the approach used is a conceptual approach, through secondary data collection. The researcher chose the normative approach because of time and cost limitations if this research was conducted empirically, considering that finding respondents who had been castrated was also not an easy matter. The type of research design used is Descriptive Design. Data collection in this research is by literature study. Data analysis in this study uses qualitative analysis techniques, namely to find out the problems that arise. Based on the results of the discussion, it was found the fact that the application of sanctions as outlined in Government Regulation in Lieu of Law Number 1 Year 2016 is expected to provide a deterrent effect for pedophile perpetrators by carrying out imprisonment and castration. However, it must be done after going through coordination with the Ministry of Health, because it is feared that it will have a bad impact on health. In addition, there is also no research that proves that perpetrators of sexual violence after castration can have offspring. Some cases were castrated and some were not. The castration sanction is only carried out in cases of obscenity which are classified as severe so that the judge gives a different decision. The castration sanction is an act that violates human rights, particularly related to reproductive health.

POSITION OF ETHICS, SCIENCE AND HUMANITY Sukendar; Aris Prio Agus Santoso
International Journal of Law and Legal Ethics Vol 3 No 2 (2022): Vol 3 Issue 2 Oct 2022
Publisher : DUTA BANGSA UNIVERSITY INDONESIA

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Today, it is very necessary to deepen the philosophy of starting from the smallest things first by examining the parts of the philosophy. Because philosophy can reflect one aspect of the implementation of the principles and beliefs that form the basis of science in solving social problems. Especially if it begins with thinking about the position of ethics, science and humanity which is the basis for socializing. The purpose of this study is to find out how the position of ethics, science and humanity. This research method is carried out with a normative juridical approach with a library approach and a conceptual approach. The results of this study were then analyzed qualitatively. Based on the results of this study, it shows that the position of ethics in social life is as a place to get a critical orientation in dealing with various confusing circumstances of morality. The position of ethics as a science is as an empirical fact embodied in thoughts about good and bad, the position of ethics in humanity is a concept of evaluating the nature of truth or goodness from human social actions as a form of fulfilling all human rights. The position of science as a result of human experience and logic from a systematic and rationalist process of preparation and investigation. While the position of humanity essentially places humans in accordance with their dignity as creatures of God, mutual respect between fellow human beings, to create harmonious interactions, and to realize a just and civilized humanity.

Analisis Yuridis Sistem Pelayanan BPJS Kesehatan dalam Meningkatkan Kepercayaan Peserta BPJS: Studi Kasus Di BPJS Kesehatan Surakarta Vita Setya Permatahati; Aris Prio Agus Santoso; Rezi Rezi
Jurnal Relasi Publik Vol. 1 No. 3 (2023): Agustus : Jurnal Relasi Publik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v1i3.1054

The Social Security Administrative Body is a legal entity in administering social security programs to ensure that all people are able to meet the basic needs of a decent life. The purpose of this research is to analyze the BPJS Kesehatan service system which is capable of anticipating a surge in patients seeking treatment abroad. This study uses a Statute Approach and a conceptual approach using the interview method. Data analysis used qualitative analysis techniques to test the validity of the data in this study by looking for existing reference sources. Based on the results of the research, it shows that the National Social Security System (SJSN) is organized with a Social Insurance mechanism in which each participant is required to pay contributions to provide protection for socio-economic risks that befall participants and/or their family members. The BPJS service arrangement or system is complete by providing basic services and referrals as long as the person is still alive but not for treatment abroad. In the absence of this regulation, it automatically prevents someone from seeking treatment abroad, so they continue to seek treatment at home. The BPJS Kesehatan office in serving patients seeking treatment abroad has not found BPJS patients consulting for treatment abroad.

JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) windy ratna yulifa; aris prio agus santoso; aryono aryono
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.

JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Windy Ratna Yulifa; Aris Prio agus Santoso; Aryono Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.

Pre-Employment Card (Kartu Prakerja) In The Middle Of A Pandemic Review From The Concept Of Justice And Welfare Risma Dewi Hermawan; Aris Prio Agus Santoso; Gempar Putra
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.10106

The Covid 19 pandemic that attacked the industrial world of the Indonesian which resulted in the termination of employment by several companies so that the government had implemented policies including by issuing the Pre-Employment Card (Kartu Prakerja) Program to overcome unemployment and create welfare and social justice, but in the practice there are still people who have not received a pre-employment card. The problem in this research is how to implement the pre-employment card in terms of the concept of welfare and justice. The research uses a statute approach method. The research focuses more on library data, namely research carried out on secondary data which includes Indonesia Constitution, the 5th principle of the Pancasila, namely "Social Justice for All Indonesian People", Presidential Decree No. 36 of 2020 "The Pre-Employment Card Program is a work competency development program aimed at job seekers, workers/laborers who have been laid off, and/or who need to increase their competence", Government Regulation No. 39 of 2012 "Social Security is a scheme institutionalized to ensure that all people can fulfill their basic needs for a decent life”. The results of the study prove that the government has provided funds for the pre-employment card program to help workers solve economic problems due to layoffs, but during the pandemic the pre-employment card policy to restore employee health has not been effective with the most recipients in West Java 16%, then DKI Jakarta (10%)), followed by East Java (9.8%). Meanwhile, the provinces with the lowest recipients were West Papua (0.08%), then Gorontalo (0.37%), and Papua (0.46%)

Legal Protection Against Franchise Business In Maintaining Product Quality (Case study of Fremilt Pasar Kliwon Surakarta branch) Risma Dewi Hermawan; Aris Prio Agus Santoso; Rina Arum Prastyanti
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.11752

The government needs to develop a franchise business in order to expand job opportunities, for that the government creates efforts to protect franchisees and franchisors so that the government issues government regulation no. 42 of 2007 concerning franchise business (Franchise). However, the reality is that there are still many franchises that do not fulfill their obligations to franchisors, such as some franchises that do not carry out SOPs (Standard Operating Procedures) with initial provisions. The problems raised in this study are about how the legal protection for the parties concerned in the franchise agreement, namely the franchisor and the franchisee and the forms of rights and obligations between the franchisor and the Fremilt product franchise, Pasar Kliwon Surakarta branch. This type of research uses empirical research, namely individual research related to social life, in this study the researcher tries to uncover legal protection for franchisees and franchisors of Fremilt products, Pasar Kliwon Surakarta branch. This research is taken from many facts in society. Based on the research, it was found that there is legal protection for franchisees and franchisors so that the taste of the product will be maintained its authenticity and between the two parties can run the SOP in accordance with the provisions of the agreement at the beginning. In addition, the franchisee and the franchisor will feel protected and will get a guarantee of certainty if something goes wrong that harms both parties

JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Windy Ratna Yulifa; Aris Prio agus Santoso; Aryono Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.

Commercialization of Medical Services as a Business Practice: A Legal Analysis of Conflicts of Interest and Patient Protection in Indonesia Aris Prio Agus Santoso
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10593

There is a growing gap between the normative regulation of medical services, which is oriented toward patient safety, and the reality of commercialized practice driven by economic interests. This condition creates conflicts of interest and weakens legal protection for patients. This study aims to analyze the legal framework governing the commercialization of medical services and examine its implications for patient protection in order to realize a healthcare system that is fair, professional, and patient-oriented. The research method used is a normative legal approach that analyzes legal norms, principles, and rules. The analysis is conducted qualitatively to produce theoretical understanding and comprehensive legal argumentation regarding the relationship between business practices in medical services and the legal responsibilities of medical personnel. The findings show that Indonesia’s legal framework for the commercialization of medical services recognizes the economic aspects of medical professionals and healthcare facilities, but it is still constrained by ethical principles, professionalism, and patient protection, resulting in a normative dualism between economic orientation and humanitarian values. In practice, this dualism has not been harmoniously implemented due to the persistent gap between norms and implementation. This condition weakens patient protection, increases the risk of over-treatment, creates information asymmetry, and shifts the doctor–patient relationship into a transactional one that may trigger medical disputes and service injustice. Therefore, stronger regulatory enforcement, clearer separation between medical and business functions, service transparency, strengthened ethical supervision, and reform of medical legal culture are required to achieve a balanced healthcare system that fairly integrates economic interests with patient protection and prioritizes patient safety.

Health Law as A Pillar of The Welfare State: Theory, Practice and The Future Andika Rafa Hendrawan; Bayu Arif Hi Ahdar; Samsul Huda; Aris Prio Agus Santoso
Proceeding of the International Conference on Health Sciences and Nursing Vol. 3 No. 1 (2026): Proceeding of the International Conference on Health Sciences and Nursing
Publisher : Asosiasi Riset Ilmu Kesehatan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/ichsn.v3i`1.89

Health is a fundamental right guaranteed by the constitution and a key pillar in the development of a welfare state. Health law serves as a normative instrument that regulates the provision of services, protects patient rights, regulates the obligations of medical personnel, and ensures the accountability of healthcare institutions. However, the reality in Indonesia demonstrates a significant gap between normative construction and empirical implementation. Key challenges include disparities in access to services, a deficit in National Health Insurance funding, an unequal distribution of healthcare workers, and regulatory fragmentation. The COVID-19 pandemic further emphasizes the importance of health law not only as an administrative tool but also as a mechanism for state resilience in the face of public health crises. This study aims to analyze health law in three dimensions: theoretical, practical, and prospective. Theoretically, health law affirms the state's responsibility to guarantee the right to health as part of a welfare state. Practically, it reflects the effectiveness of public policy and healthcare system governance. Prospectively, health law must adapt to the digitalization of services, the protection of patient data, and the global commitment to universal health coverage. Thus, health law serves not only as a regulatory framework but also as a strategic foundation that unites human rights protection, policy effectiveness, and social justice in building a sustainable welfare state.

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