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All Journal Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Yustisia Tirtayasa: Jurnal Tugas Akhir
Muhyi Mohas
Fakultas Hukum, Universitas Sultan Ageng Tirtayasa
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum yang Timbul atas Terjadinya Kejadian Ikutan Pasca-Imunisasi pada Pelaksanaan Program Imunisasi Dasar Lengkap di Provinsi Banten Asmawati Asmawati; Muhyi Mohas; Rani Sri Agustina
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17084

Abstract

This study aims to analyze the legal consequences arising from the occurrence of Post Immunization Adverse Events (KIPI) in the implementation of complete basic immunization in Banten Province. This type of research uses a normative juridical approach. Based on the results of the study, it is known that the legal consequences of the occurrence of AEFI in the implementation of immunization, both those who practice outside their authority and if an error occurs due to negligence can be subject to "disciplinary sanctions, administrative sanctions, civil and criminal". The imposition of sanctions must meet the requirements of professional ethics and discipline (there is a violation of the code of ethics and professional discipline); In terms of administrative law in the form of abuse of authority; In terms of civil law in the form of a lawsuit based on contractual liability, namely non-compliance with professional standards, service standards and SOPs; and In terms of criminal law, there is an element of error in the form of intentional and/or negligence on the part of the health officer providing immunization.
Penegakan Hukum: Kendaraan Bermotor yang Dimodifikasi dalam Peraturan Lalu Lintas Angkutan Jalan Fajar Agung Wahyudi; Muhyi Mohas
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.21539

Abstract

From a legal perspective, modifications to motorized vehicles must adhere to existing rules and regulations to ensure the legal certainty and legitimacy of vehicle owners. A prevalent issue in the Serang region is the phenomenon of public workshops modifying vehicles without obtaining recommendations from a brand holder representative. This study addresses two primary questions: First, how does the Serang Resort Police enforce criminal legislation against goods transport companies that modify vehicles in line with Act Number 22 of 2009 on Traffic and Road Transportation in the Serang Resort Police area? Second, what is the criminal responsibility of goods transport companies that modify vehicles according to the standards set by the Serang Resort Police based on Act 22 of 2009 on Road Traffic and Transportation? Utilizing a normative juridical method with a statute-based approach, the research findings indicate that effective law enforcement is contingent upon three key elements: legal structure, legal substance, and legal culture, all interrelated. Due to freight forwarders' non-compliance with rules and regulations, criminal responsibility is warranted under the principles of strict liability and vicarious liability. The study concludes that there is a lack of optimal synergy in law enforcement for traffic and road transport crimes among the Serang Resort Police, Department of Land Transportation Serang District, and The Land Transportation Management Center VIII. Additionally, there are legal gaps in the Road Transportation Traffic Law, including regulations for corporations, general workshops for business actors, the application of maximum criminal sanctions, and protection for freight transportation. Issues such as a culture of bribery, selective prosecution, a lack of legal knowledge among human resources, and abuse of power for personal or group interests further complicate the situation. The study emphasizes criminal liability, focusing on elements of error based on the concepts of strict liability and vicarious liability
Co-Authors Asmawati Asmawati Fajar Agung Wahyudi Rani Sri Agustina