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All Journal Awang Long Law Review Unes Law Review Yuriska : Jurnal Ilmiah Hukum
Muhammad Djaelani Prasetya
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PEMBERATAN TERHADAP ANGGOTA TNI YANG MELAKUKAN PENGANIAYAAN MENGAKIBATKAN MATI Muhammad Djaelani Prasetya
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.589

Abstract

This research aims to analyze the aggravation of members of the TNI who commit torture resulting in death.This research uses normative legal research with a statutory approach (statute approach) and a case approach (statute approach) with the following steps: (1) identifying legal facts and eliminating irrelevant matters; (2) collecting legal and non-legal materials; (3) conducting a review of legal issues; (4) drawing conclusions and providing prescriptions.The results of the research show that first, reviewing Decision No. 61-K/PM I-04/AD/VII/2020 and Decision No. 161-/PM.II-08/AD/VIII/2020 based on a) case of position, has described criminal events, criminal acts, and criminal acts, and b) mitigating and aggravating circumstances, has described differences. Second, the weighting of TNI members who commit abuse resulting in death can be determined through 1) the defendant being a member of the TNI, 2) Article 52 of the Criminal Code, 3) Article 131 of the Military Criminal Code, and 4) causing death.
IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF PUBLIC AND PRIVATE GENERAL HOSPITALS IN MAKASSAR Andi Muhammad Sofyan; Muhammad Djaelani Prasetya; M. Aris Munandar; Muhammad Ihsan
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.656 KB) | DOI: 10.56301/awl.v5i1.541

Abstract

This study examines the extent to which the implementation of the rights and obligations of Public and Private General Hospitals in Makassar City and the obstacles that make these rights and obligations difficult to implement. The research method used in this study is the empirical method. The results of this study indicate that the implementation of the rights and obligations at the Regional General Hospital (Rumah Sakit Umum Daerah/RSUD) of Makassar City and the Mother and Child Hospital (Rumah Sakit Ibu dan Anak/RSIA) Ananda has carried out the rights and obligations of the hospital simultaneously. However, in the implementation of these rights and obligations, there are still several obstacles, such as community habits, administrative completeness that does not meet minimum service standards, and other supporting infrastructure. Especially for Makassar City Hospital, the data for health personnel has not been updated as mandated by the Government Regulation on the Implementation of the Hospital Sector. Meanwhile, RSIA Ananda must improve the facilities and infrastructure of the hospital parking lot so that health services can be more optimal and effective, and efficient to carry out.
Relevansi Nilai Barang Terhadap Tindak Pidana Pencurian Muhammad Djaelani Prasetya
Yuriska: Jurnal Ilmiah Hukum Vol. 12 No. 2 (2020): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v12i2.941

Abstract

This research aims to provide prescriptions on what is the relevance of the Value of Goods toward Criminal Act of Theft and what should be done. This research is a Normative Research, with the approach was Conceptual, Statute and Case approach. Legal material itself was legislation, court rulings, legal journals, theses, and other official legal publications. The data then were analyzed qualitatively. The result of the researcher indicate that the Value of Goods as the causa prima has relevance to criminal act of theft. Misdriff or not, using regular or quick criminal procedure, both depend on the Value of Goods and the specific situation. On the other hand, the accusation of the public prosecutor has an essential role, especially in determining the loss, the specification of evidence, and the application of the Article which has implications for the consideration of judges' decisions. Finally, the high burden of cases and other problems can be prevented by strengthening the existence of misdriff through the adjustment or reconstruction of the Value of Goods until reconstruction of the Criminal Act of Theft.
Co-Authors Andi Muhammad Sofyan M. Aris Munandar Muhammad Ihsan