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All Journal Jurnal Hukum Khaira Ummah Law Development Journal Sultan Agung Notary Law Review
Sri Endah Wahyuningsih
unissula
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties Didid Muhammad; Sri Endah Wahyuningsih; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.868-881

Abstract

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
The Formulation of a Special Minimum Criminal Threat System Formulation in the Corruption Law Doni Cakra Gumilar; Sri Endah Wahyuningsih; Jawade Hafidz
Law Development Journal Vol 5, No 1 (2023): March 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.1.54-70

Abstract

This study aims to find out how the policy for formulating a special minimum penalty system in the current Corruption Crime Law, what are the weaknesses of the policy for formulating a special minimum penalty system in the current Corruption Law and how is the policy for formulating a special minimum penalty system in the Criminal Act Future corruption. The research method used is normative juridical. Based on the research, it was concluded that the formulation policy of a special minimum penalty system in the Corruption Crime Act is currently seen as having weaknesses, including, the formulation of a special minimum sentence that is too light is seen as having hurt the sense of justice in society and there is no sentencing guideline in the Act. Current Corruption Crimes. In order to overcome the weaknesses in the formulation of a system of special minimum criminal threats in the Corruption Crime Law in the future. This can be solved by revising the policy formulation of a special minimum penalty system by increasing the minimum penalty and including specific minimum criminal penalties in the Corruption Law.
Enforcement of the Indonesian National Police's Code of Professional Ethics Against Police Members Who Commit Adultery or Infidelity Yohanes Krisna Pandu Buono; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49507

Abstract

This study aims to determine and analyze the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and the obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police and how to overcome them. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of law enforcement and legal certainty. Based on the results of the study, it can be concluded that the enforcement of the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police has been implemented by Bidpropam in accordance with Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission. Obstacles in enforcing the Indonesian National Police's professional code of ethics against members who commit adultery or adultery in the South Kalimantan Regional Police are a shortage of personnel, difficult digital evidence, a culture of covering up-cover-ups, and external intervention. Solutions to these obstacles include increasing personnel in the Propam Division (recruitment and rotation), developing forensic laboratories at the regional police (Polda) level, public outreach and education on the importance of witnesses, and independent oversight (Ombudsman/NGOs) to reduce intervention.
An Analysis of the Criminal Liability of Medical Personnel in Illegal Abortion Cases in Indonesia Sudarmanto Sudarmanto; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51123

Abstract

Abstract. The Preamble of the 1945 Constitution affirms the state’s objectives to protect all citizens, promote welfare, enlighten the nation, and uphold justice. Law as the state’s pillar guarantees order and protection of individual rights, including the fetus’s right to life. The phenomenon of illegal abortion arises from social pressures, unplanned pregnancies, and lack of education. Law enforcement and protection of women’s reproductive rights are crucial to prevent illegal abortion while maintaining justice and social welfare. The research aims to describe and analyze criminal liability of medical personnel in illegal abortion cases in Indonesia and to describe and analyze legal principles relevant to determining their liability under criminal law doctrine. This research applies a qualitative legal method with a normative juridical approach and descriptive character. Secondary data are obtained from primary, secondary, and tertiary legal materials through literature study. Qualitative descriptive analysis is employed to examine criminal liability of medical personnel in illegal abortion cases in Indonesia systematically and comprehensively. The research results show that criminal liability of medical personnel in illegal abortion cases in Indonesia is strictly regulated in the Criminal Code Articles 346 to 349, and Law No. 17 of 2023 on Health prohibits abortion, except as stipulated in the Criminal Code. Articles 427–428 of the Health Law impose imprisonment up to 15 years, with aggravation for medical personnel and potential revocation of practice licenses. Government Regulation No. 28 of 2024 as implementing regulation allows safe abortion in cases of pregnancy due to sexual violence, medical emergencies, and pregnancies up to 14 weeks under the new Criminal Code. Comparisons with other countries, such as Singapore allowing abortion up to 24 weeks with mandatory counseling and Cambodia permitting abortion up to 12 weeks for any reason, show Indonesia’s stricter regulation. Based on MUI Fatwa No. 4 of 2005, abortion for rape victims is permissible before the fetus reaches 40 days due to emergency grounds. The Indonesian Medical Code of Ethics emphasizes that illegal abortion constitutes both ethical and legal violations, underlining the principles of non-maleficence, protection of life, and the purpose of law enforcement to deter and prevent unsafe abortion practices. The relevant legal principles in determining criminal liability of medical personnel performing illegal abortions under criminal law doctrine are that criminal law principles serve as essential guidelines, including the principle of legality, principle of fault, principle of no crime without act, principle of proportionality, and principle of protection of legal interests. The principle of legality ensures punishment only when stipulated by law, the principle of fault requires intent or negligence, and the principle of no crime without act demands proof of actual conduct. The proportionality principle guarantees balance between punishment and culpability, while the principle of protection of legal interests safeguards the fetus’s right to life, maternal health, public order, and the integrity of the medical profession.
Criminal Law Policy on Euthanasia Practices by Doctors in Indonesia from the Perspective of Justice and Protection of Patient Rights Sholikhatun Sholikhatun; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51074

Abstract

Abstract. Indonesia, as a state based on law, places the supremacy of law as a foundation, including the protection of the right to life as stipulated in Article 28A of the 1945 Constitution. Euthanasia becomes a complex issue because it involves a dilemma between the right to life, human dignity, and the suffering of terminal patients. Article 344 of the Criminal Code prohibits ending life upon request; however, developments in medical technology create challenges in legal interpretation. Several countries have legalized euthanasia under strict conditions, unlike Indonesia, which has no specific regulation. This legal vacuum causes uncertainty for doctors and patients, thus requiring reconstruction of criminal policy that is relevant, just, and proportionally protects human rights. The research aims to describe and analyze the criminal law provisions currently in force in Indonesia regulating euthanasia by doctors and to describe and analyze the ideal criminal law policy in regulating euthanasia by doctors so that it is in line with justice and the protection of patient rights in Indonesia. This normative juridical research is descriptive, using secondary data from primary, secondary, and tertiary legal materials, analyzed qualitatively through a literature study to examine criminal policy on euthanasia in Indonesia. The results of this research show that the criminal law provisions currently in force in Indonesia regulate euthanasia by doctors, yet euthanasia regulation in Indonesia still triggers debate. Some support it as a human right to decide life or death, while others reject it because it contradicts religion and Pancasila. The Criminal Code regulates crimes against life in Articles 338–350, including murder, assisting suicide, and abortion. The new Criminal Code, Law Number 1 of 2023, does not directly regulate euthanasia, but Article 428 paragraph (1) regulates passive euthanasia with a penalty of 2.5 years imprisonment or a fine, and Article 461 regulates active euthanasia at the request of the victim with a penalty of nine years imprisonment. Both articles affirm the prohibition of euthanasia even at the request of the victim, and the ideal criminal policy in regulating euthanasia by doctors must be in line with the values of justice and protection of patient rights in Indonesia. The ideal criminal policy regarding euthanasia in Indonesia must balance the protection of patients’ right to life, the professional responsibilities of doctors, and moral and religious values. Regulations must include sanctions, procedures, ethical guidelines, and monitoring mechanisms. Exceptions may be granted for terminal medical conditions with written consent, physician verification, and ethics team recommendation. Criminal sanctions should be the ultimum remedium, preceded by ethical and administrative mechanisms. Synchronization with the Health Law, the Medical Practice Law, and the code of ethics is important to avoid conflicts of norms. Supervision by an independent ethics committee prevents misuse. Public participation, periodic evaluation, as well as training for medical personnel and law enforcement officers will strengthen patient protection and legal certainty for healthcare professionals.
Co-Authors Didid Muhammad Doni Cakra Gumilar Ira Alia Maerani Jawade Hafidz Sholikhatun Sholikhatun Sudarmanto Sudarmanto Yohanes Krisna Pandu Buono