Article Per Year (5 Year)
p-Index From 2020 - 2025
0.835
P-Index
This Author published in this journals
All Journal INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) International Journal of Social and Management Studies (IJOSMAS) MIMBAR : Jurnal Sosial dan Pembangunan
Asmariah Asmariah
Faculty Of Law, STIH IBLAM, Jakarta, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
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
LEGAL PROTECTION FOR VICTIMS IN CORPORATE CRIME FROM THE PERSPECTIVE OF JUSTICE Eny Maryana; Asmariah Asmariah
International Journal of Social and Management Studies Vol. 4 No. 1 (2023): February 2023
Publisher : IJOSMAS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5555/ijosmas.v4i1.295

Abstract

Corporate crimes often result in significant losses to society and victims. Therefore, an ideal regulatory direction is needed to ensure adequate legal protection for victims of corporate crimes in Indonesia. The ideal regulation is by implementing a cumulative punishment system for corporate crime perpetrators according to the Criminal Code, which is a cumulative sanction in the provision of two equal sanctions that add up or stack up in accordance with Article 14c paragraph (1), Article 14a, and Article 14b which contain the understanding that the law (as a cumulative policy) and/or Criminal Code Article 100 regarding the death penalty as an alternative route to maximizing criminal sanctions against corporations. This is intended to achieve justice for the victims and create a deterrent effect for perpetrators. The problem that often arises is the difficulty in upholding justice in the enforcement process of corporate crimes. The numerous cases of corporate perpetrators escaping legal action prove that legal protection for victims in Indonesia is still far from the principle of justice. This study aims to analyze the ideal regulatory direction to realize legal protection for victims of corporate crimes from the perspective of justice. This study uses a descriptive-analytical approach with a normative juridical method and examines legislation and court decisions related to corporate crimes. The results show that legal protection for victims of corporate crimes is still inadequate, especially in terms of receiving criminal sanctions in the form of imprisonment or compensation. In addition, law enforcement processes are often hindered by the economic and political power of corporations, which can influence the course of legal proceedings. This creates injustice for victims who feel they are not being treated fairly in the legal decision-making process. Therefore, an ideal regulatory direction is necessary to ensure that victims receive adequate legal protection and balanced justice.
The Implementation of The Death Penalty In Cases of Corruption According to Law No. 31 of 1999, as Amended by Law No. 20 of 2001 and Law No. 1 of 2023, From The Perspective of Legal Certainty is as Follows Piong Khoyfung; Asmariah Asmariah
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.125

Abstract

Criminal law regulates prohibited acts under the law and the criminal sanctions for perpetrators. Punishment is the suffering imposed by the state on criminal offenders. Corruption is an act that violates the law and involves the subordination of personal interests above public interests, including violations of norms, duties, and public welfare. Corruption is carried out through secrecy, betrayal, fraud, and manipulation that harm the people. The death penalty is considered the most severe punishment under Law No. 1 of 2023. The Criminal Code (KUHP) explicitly regulates the death penalty as the principal punishment. However, the implementation of the death penalty for corruption in Indonesia is still not optimal due to factors such as the lack of clarity and accuracy in the law enforcement system, as well as judges' assessment of justice and legal certainty for corruptors. Other obstacles also affect the implementation of the death penalty. Law No. 1 of 2023 states that the death penalty can be applied if the corruption perpetrator shows no remorse and good behavior during a 10-year probation period. If the corruption perpetrator demonstrates good behavior and receives clemency, the death penalty will not be carried out, even if the elements of Law No. 31 of 1999 on Corruption Eradication (UU Tipikor) Article 2 paragraphs 1 and 2 are fulfilled. Until now, no corruptor in Indonesia has been sentenced to death in various corruption cases. Furthermore, the punishment for corruptors under the Criminal Code is lower than under the Law on Eradication of Corruption Crimes (UU Tipikor). Article 2 of UU Tipikor establishes a minimum imprisonment of four years and a maximum of 20 years for corruptors. UU Tipikor also regulates a minimum fine of IDR 200 million and a maximum of IDR 1 billion for corruptors. The high number of corruption cases receiving lenient sentences and the absence of corruptors in Indonesia being sentenced to death indicate the need for a study of UU Tipikor Article 2 paragraphs 1 and 2. This aims to ensure that the application of the death penalty in corruption verdicts fulfills legal certainty without confusion in law enforcement. Although the death penalty is considered a last resort by law enforcement authorities in corruption cases, judges' assessment must also consider the aspects of crimes that harm the state and society, including corruption crimes committed in specific circumstances such as disasters. Article 2 paragraph (2) states that in cases of corruption committed in specific circumstances, the death penalty can be imposed to meet the elements of judges' assessment and consideration in imposing the death penalty verdict.
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, (Juni 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 | Full PDF (696.108 KB) | 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.
REGULATION OF FIREARM OWNERSHIP FOR CIVILIANS IN INDONESIA BASED ON THE PRINCIPLE OF SELF-DEFENSE IN THE LEGAL PROTECTION SYSTEM (STUDY OF THE REPUBLIC OF INDONESIA LAW NUMBER 8 OF 1948 ON THE REGULATION OF THE INDONESIAN NATIONAL POLICE CHIEF NUMBER 82 OF 2004 Asmariah Asmariah; Sukamto Kusnadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.149

Abstract

The need for legal protection for every human being is an undeniable matter. It is crucial to ensure that every citizen feels safe, and one of the efforts made by individuals to achieve this sense of security is by owning firearms. In the prevailing laws and regulations, civilians are allowed to possess firearms (firearms) as self-defense tools to protect themselves. In Indonesia, the law of self-defense is regulated in the Criminal Code (KUHP) Article 49. The following is an excerpt from Article 49 KUHP: "Any person who, due to necessity, takes necessary action to defend themselves, others, or their property from an attack that threatens lives, endangers themselves, others, or their property, shall not be punished." This article states that a person cannot be punished if they take necessary action to defend themselves, others, or their property from an attack that threatens lives or endangers themselves, others, or their property, but the action must be forced and necessary in the situation they face. The possession of firearms must comply with the requirements and provisions set by the Indonesian National Police (Polri). According to Perkap No. 82 of 2004, civilian individuals who wish to own firearms are limited to certain groups, such as CEOs, ministers, government officials, major entrepreneurs, commissioners, lawyers, and doctors. This consideration takes into account the urgency and risks that these professional holders may face. The regulation also states that firearm ownership cannot be granted to just anyone. Those who want to apply for a firearm ownership permit must have shooting skills. Prospective firearm owners are required to have shooting skills for a minimum of three years. Additionally, they must fulfill various requirements, including psychotest and medical tests.
Co-Authors Eny Maryana Piong Khoyfung Sukamto Kusnadi