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Juridical Overview of Misappropriation of Medical Devices Procurement Budget By Hospitals Leti Ratna Kusumawati; Zudan Arief Fakrulloh; Evita Isretno Israhadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (580.856 KB) | DOI: 10.57096/edunity.v1i05.45

Abstract

The existence of corruption in Indonesia is alarming, the increase in corruption cases has brought misery to the community so its existence must be eradicated. The Corruption Eradication Commission as the institution for eradicating corruption in Indonesia must be responsive and participate in supervising every activity related to budgeting for state needs, to ensure the actual realization of budgeting. Based on the Decree of the Head of the Madiun District Health Office Number: 188.45/1464/KPTS/402.102/2011, the judge considered that the actions taken by the defendant fulfilled all the elements of Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph ( 1) item 1 of the Criminal Code (KUHP). Even though the Public Prosecutor charged the defendant with Article 2 of Law Number 20 of 2001, the Judge considered that the Public Prosecutor could not prove the "unlawful" element of what the defendant did. Therefore, based on facts and analogies, the Judge judged that Article 3 was appropriate to be applied. The application of criminal sanctions against people as perpetrators of criminal acts of corruption is what has been regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. However, the formulation of sanctions in several articles in Law Number 20 of 2001 contradicted the general provisions regarding sanctions regulated in the Criminal Code (KUHP).
Regulation on Abortion Without a Medical Diagnosis in the Law of Crimes Performed By Medical Personnel Leti Ratna Kusumawati; Boy Nurdin; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.05 KB) | DOI: 10.57096/edunity.v1i05.49

Abstract

Promiscuity among the public, teenagers, and the rise of prostitution today. This in turn encourages certain people who tend to have an abortion by carrying out illegal abortions as a solution to eliminating disgrace. The rise of the practice of abortion at this time seems to be a social phenomenon that is difficult to solve. From year to year, the number of people who practice abortion is increasing and of course, this is a reflection for all parties to be able to find the best solution in resolving abortion cases. Indonesia is regulated by Article 299, Article 346, Article 347, Article 348, and Article 349 of the Criminal Code. In addition to the Criminal Code, it has also been regulated in the Republic of Indonesia Law Number 36 of 2009 concerning Health which also regulates the crime of abortion contained in Article 75, Article 76, and Article 77. For perpetrators of illegal abortion, it is regulated in Article 194 RI Law Number 36 the Year 2009 concerning Health. Clearer terms and conditions regarding the implementation of permitted abortions are contained in Article 76 of Law Number 36 of 2009 concerning Health. The law (criminal) in viewing the practice of abortion can be seen from three articles, namely articles 346, 347, and 348 of the Criminal Code. If the practice of abortion is carried out by a doctor or other health worker, such as a midwife, the criminal liability is aggravated and can be increased by a third of the criminal threat contained in each proven article. And the right to carry out a search can be revoked, in casu SIP or STR, the doctor is the heart of the medical practice