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All Journal INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) MIMBAR : Jurnal Sosial dan Pembangunan
Asmariah Asmariah
Faculty Of Law, STIH IBLAM, Jakarta, Indonesia
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Ideal Concept towards the Welfare of Non-Livestock Animals in the Principle of Utilization and Utilization in Realizing Legal Certainty in Indonesia Asmariah Asmariah
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 1 (2023): February 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.122

Abstract

Indonesia has Law No. 41 of 2014 and Government Regulation No. 95 of 2012 to support animal welfare, but the country is still ranked as "D" on the animal protection index. This low ranking is due to the fact that the welfare of non-livestock animals in Indonesia has not been fully realized in practice, which is caused by the lack of clarity and certainty regarding regulations that govern the principles of animal welfare in their use and utilization, as well as the criminal sanctions within them. An analysis is needed to determine the extent to which existing legal regulations and sanctions can accommodate the scope of animal welfare principles in the use and utilization of non-livestock animals and to formulate legal protections accordingly. The research problem is how to formulate an ideal concept of legal protection for non-livestock animals in their use and utilization as a guide to creating legal certainty. This research is a descriptive analytical study using a combined social normative-empirical research paradigm. The methodology of this research incorporates a model for the ideal formation of law, which includes the integration of three legal theories: Lawrence Meir Friedman's legal structure, legal substance, and legal culture; Mochtar Kusumaatmadja's Law as a tool of social engineering, which states that law is a social control tool; and Satjipto Rahardjo's assertion that the law is for humans, not the other way around. The ideal formation of law model is one solution to realize animal welfare
A Phenomenological Study of Polemic Regulation of Abortion Law on Medical Emergency Indications in Hospital Asmariah
MIMBAR : Jurnal Sosial dan Pembangunan Volume 39, No. 1, (June 2023) [Accredited Sinta 2, No 10/E/KPT/2019]
Publisher : UPT Publikasi Ilmiah (Universitas Islam Bandung)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/mimbar.v39i1.2082

Abstract

Abortion is a crucial law in health law. But in reality, abortion with some medical reasons is a legal way to be taken in providing solutions to safety problems related to pregnancy. The polemic of overlapping legal rules that apply and occur between the Health Law and the Criminal Code is certainly a condition that must be addressed wisely through some analysis so that it is expected to find the best middle ground in addressing both matters. This study aims to determine the description of the implementation of abortion on indications of medical emergencies in hospitals associated with abortion law regulations namely the Criminal Code and the Health Act. The research design used in this study is qualitative with descriptive phenomenology approach. This study reveals a picture of the implementation of abortion arrangements based on aspects of medical emergencies that are connected between the Health Law and the Criminal Code regulation of abortion crime. The researcher analyzed the data using Colaizzi analysis, which completes the analysis by re-clarifying the participants. The results of the study found that legal issues regarding abortion regulations indicating medical emergencies as long as it refers to the procedure in accordance with Health Law No. 36 of 2009 then the legal issues regarding the Criminal Code on abortion can not be raised to the surface, because medically abortion provocatus medicinalis or abortion on indications of medical emergencies is an abortion that must be performed on pregnant women in emergency conditions that if not performed abortion can threaten the life of the pregnant woman.
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