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Saefudin, Yusuf
Universitas Muhammadiyah Purwokerto
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit Marsitiningsih Marsitiningsih; Ira Citra Ningrom; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.911

Abstract

The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.
Legal Protection of Abortion for Rape Victims Herni Nursheta Resmi; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1012

Abstract

This study discusses: How is the legal review of the act of abortion as a result of rape based on Law no. 39 of 1999 concerning Health and its Relation to Human Rights, and how is the application of material criminal law by Judges to perpetrators of participation in the crime of abortion. The approach method used in this study is a normative juridical approach. The data collection method in this study was carried out by means of literature study. The data that has been collected, then processed and analyzed using qualitative methods. The results of this study can be concluded that: Rape victims experience unwanted pregnancies not only experience mental and psychological suffering, they also have to seek justice through legal means as a result of their abortions. The Indonesian Criminal Code strictly prohibits all forms of abortion. Whereas Law Number 36 of 2009 concerning Health provides confirmation of legal abortion arrangements, namely the result of medical emergencies and pregnancy as a result of rape. The perpetrator of the abortion as a result of rape is included in the category of unlawful acts or strictly regulated in Article 48 of the Criminal Code that no one can be punished by anyone who commits an act because he was forced by an urgent condition (overmacht). Human rights which are more specific to women's reproductive rights as part of women's human rights are guaranteed to be fulfilled in the Constitution of the Republic of Indonesia jo. Article 49 paragraph (3) of Law Number 39 of 1999 concerning Human Rights states that the special rights attached to women due to their reproductive function are guaranteed and protected by law. Children as victims of rape as well as perpetrators of abortion who are charged with imprisonment will have a negative impact on the mental growth and soul of the child. Based on criminal responsibility explained in the doctrine that the elements seen are the ability to be responsible, there is an element of error, there is no excuse for forgiveness. Rape victims as well as abortion perpetrators, who are clearly victims, instead receive unfair treatment when seeking justice. Children should receive guarantees for normal physical, mental and mental development. Settlement of cases against child victims of rape as well as perpetrators of abortion through the judicial process, the results will give a negative stamp to children as convicts who can adversely affect the community environment.
Legal Protection Fulfillment of the Rights of Child Victims of Sexual Violence Inayatul Khaqu Al-Amini; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1031

Abstract

Children are part of the younger generation as one of the human resources who are the potential and successors of the nation's struggle ideals. Based on data from the Ministry of PPPA, there were also 8,478 cases of violence against women in 2021, of which 15 percent or 1,272 cases were cases of sexual violence. The problem of sexual violence in children is very concerning because of the tremendous negative impact experienced by children after the incident even after many years of the incident have passed. The recovery of child victims of sexual crimes is a complex issue in the psychological recovery of child victims. But unfortunately, the law in Indonesia is still only focused on how to provide punishment for perpetrators, but has not paid attention to how the physical and psychological condition of the victim. Therefore, it is necessary to formulate preventive (preventive) and curative (healing) measures carried out by all parties to be able to fulfill the rights of victims, especially physical and psychological trauma assistance. The purpose of this study is to determine how preventive and curative steps to assist physical and psychological trauma as a form of fulfilling the rights of child victims of sexual violence. The research method used is normative juridical, which is a type of legal research that uses research materials in the form of theories, concepts, legal principles, and legal regulations that concern the subject of research or in other words normative juridical research is research that uses sources from literature or secondary data. The results of this study are how preventive and curative efforts to assist physical and psychological trauma as a form of fulfilling the rights of children victims of sexual violence are appropriate and who can contribute to these efforts.
Criminological Review of the Crime of Sexual Violence Against Children (Case Study in Banyumas Regency) Imam Maulana Muhammad; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1039

Abstract

This legal writing aims to examine factors in terms of Criminology of Sexual Violence Against Children handled by UPTD PPA Banyumas Regency. This research is included in the type of Normative research. This research uses secondary data. Secondary data is obtained through data on cases of sexual violence 2021 UPTD PPA banyumas district, books, scientific journals, and so on. The data collection technique used is literature study. The data analysis technique uses descriptive analysis. . Based on the results of the research, it can be obtained that the perpetrators of sexual violence against children must have committed their crimes due to the factors that cause crime, namely factors originating from within the perpetrator (internal factors) and factors from outside the perpetrator (external factors). From the data analysis, it was found that sexual violence against children was 86.84%, the gender of victims was dominated by women, 86.84%, the age of victims was dominated by 14-18 years old, 57.89%, the most common form of sexual violence was intercourse, 44.74%, victims of sexual violence were dominated by students, 76.32%, the most victims had a junior high school education, namely 44.74%, the relationship between the perpetrator and the victim was dominated by boyfriends and other people, namely 23.69%, the locus of sexual violence was most often found in the public domain, namely 57.89%, and the follow-up handling of sexual violence cases was mostly resolved by litigation, namely 84.21%.
The Crime of Human Trafficking from the Perspective of National and International Law Daffa Jati Nugroho; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1069

Abstract

Human trafficking is a form of abuse that violates human dignity. Human trafficking in the form of organised crime networks is increasing both domestically and internationally. This organised crime makes it difficult for governments to deal with it and protect its victims. Bloomsbury University refers to human trafficking as "human trafficking", which is "the illegal process of finding and mistreating people for unpaid and often unpleasant labour in settings with no rights defined as the act. How is the legal regulation of human trafficking crimes nationally and internationally and how is the legal protection for victims of these crimes? The method used in writing this research is an analytical approach with legal concepts or statutory approach. The results of the research show that although the regulation on human trafficking is contained in international instruments such as the Palermo Protocol, the domestic regulation in Law Number 21 Year 2007 on Crime Eradication does not allow the trade of human organs by Indonesians. However, if the organ can be used to save the life of another person, for example by transplantation, there will be additional legal requirements for human organ transplantation. For the regulation of human organ trafficking in Indonesia, Law No. 21 Year 2007 on the Eradication of the Criminal Offence of Trafficking in Persons. Currently, the form of protection for victims of human trafficking and human trafficking offences is to punish the perpetrators legally and fulfil the needs of the victims.
Implementation of The Concept of Restorative Justice in Overcoming Over Capacity in Correctional Institutions Prio Budi Tri Utomo; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1073

Abstract

The concept of restorative justice as a form of out-of-court settlement is needed to overcome various problems beyond the capacity of prisoners in prisons. Because the overcapacity of prisoners can cause many kinds of problems that exist in correctional institutions. Overcapacity in correctional institutions is influenced by several factors, one of which is the high rate of imprisonment used in existing regulations. The application of the concept of restorative justice can reduce the use of imprisonment to overcome overcapacity in correctional institutions. The research method of legal writing is normative legal research. Restorative justice policies are regulated by international legal instruments and national laws. The results of the study show that the policy of building restorative justice in combating prisoner overcrowding has been contained in the 2000 Vienna Declaration, the Minimum Standard Rules for the Treatment of Prisoners, Law No. December 1995 on Corrections, Perkapolri No. 6 of 2019, Perjak No. 15 of 2020, MARI Badilum Decree No. 1691/DJU/SK/PS.00/12/2020). The implementation of the concept of restorative justice aims to overcome overcapacity in correctional institutions.
Legal Protection of Victims of Verbal Catcalling in the Perspective of the Law on Criminal Acts of Sexual Violence Sifa Aminudin; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1074

Abstract

The purpose of this study is to evaluate the violence that often befalls women who are victims of verbal sexual harassment. Law Number 12 Year 2022 provides legal protection for victims of sexual violence (TPKS Law). The method used in this case study is the normative method. This is based on the fact that bullying is a form of verbal violence that expresses non-physical actions involving the body, sexual desire and inappropriate attractiveness to lower a person's mood. This can degrade human dignity based on their decency. As stipulated in the TPKS Law, victims of verbal sexual harassment have the right to be protected from actions that can degrade dignity. The form of protection is the implementation of duties and instilling a sense of security for victims, provided that it is carried out by LPSK and other institutions authorized by law. Verbal harassment or acts of violence should not be taken lightly, there must be firm action to provide a deterrent effect for the perpetrators. Because it is not only detrimental to the victim, but also a problem from the point of view of the norms that exist in society. In essence, humans are social creatures who live side by side to build community life and create synergy. Most catcalling occurs in community settings directed at women.
Law Enforcement of Narcotics and Prohibited Drugs Among Youth that Impact on State Security and Sovereignty Sri Mulyani Putri Jayanti; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1082

Abstract

Cases of narcotics and drug abuse in Indonesia are increasingly worrying, this can be seen from the increasing number of narcotics use among the next generation of the nation, especially "teenagers". The rise of drug abuse cases among teenagers is certainly caused by several supporting factors, including high curiosity or trends and a friendship environment where someone considers new and challenging things to do, making children in adolescence easily fall into drug use. Drugs are dangerous substances that affect a person's psychiatric condition or psychology and cause addiction, which has the potential to become an obstacle to national development that threatens the security and sovereignty of the state. The problems faced are How is Law Enforcement Against Narcotics Crimes in Indonesia According to Law Number 35 of 2009 concerning Narcotics, and How is the Protection of Drug Abusing Children Viewed from the Aspects of Victimology. This writing examines secondary data in the form of secondary legal materials by understanding the law as a set of positive rules or norms in the legislative system that regulates human life (library research). Based on the results of the research, it is known that law enforcement against narcotics crimes according to the Narcotics Law is subject to imprisonment, fines, life imprisonment and other sanctions, protection for children who abuse drugs in terms of victimology aspects, namely rehabilitation because the child is on the one hand the perpetrator and the other side is the victim
Implikasi Restorative Justice dalam Tindak Pidana Pencurian terhadap Over Kapasitas Lembaga Pemasyarakatan Dwi Lulu Afsan Saputra; Yusuf Saefudin; Selamat Widodo; Indriati Amarini
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17959

Abstract

Criminal justice practices in Indonesia are still dominated by imprisonment, including in theft cases, which contributes to the overcapacity of correctional institutions and is not fully oriented towards redressing victims' losses. This study aims to analyze the application of restorative justice in theft cases based on the Indonesian criminal law framework, examine its relevance from a progressive legal perspective, and examine its implications for efforts to reduce correctional overcapacity. The study uses a normative legal method with a statutory approach and a conceptual approach through literature review. The results show that restorative justice has normative legitimacy in the Indonesian criminal law system through the new Criminal Code and various implementing regulations that emphasize redressing victims' losses, perpetrator responsibility, and peaceful conflict resolution. The application of restorative justice is also in line with progressive legal theory because it positions law as an instrument for realizing substantive justice and social benefits. The novelty of this study lies in the analysis of the relationship between restorative justice in theft cases, a progressive legal perspective, and its contribution to overcoming correctional overcapacity as part of the reform of the criminal system in Indonesia.
PERTANGGUNGJAWABAN DOKTER DALAM TELEMEDICINE TERHADAP PRINSIP KEHATI-HATIAN DAN ASAS NON-MALEFICENCE Nika Demitri Hudan; Yusuf Saefudin; Selamat Widodo; Rahtami Susanti
Keadilan : Jurnal Fakultas Hukum Universitas Tulang Bawang Vol 24 No 2 (2026): Keadilan
Publisher : Fakultas Hukum Universitas Tulang Bawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37090/6h64t209

Abstract

Perkembangan telemedicine sebagai pelayanan kesehatan berbasis teknologi digital telah mengubah pola hubungan antara dokter dan pasien dari interaksi tatap muka menjadi pelayanan medis jarak jauh melalui media elektronik. Meskipun meningkatkan akses dan efisiensi layanan kesehatan, praktik telemedicine juga menimbulkan persoalan hukum, khususnya terkait kepastian dan batas pertanggungjawaban dokter apabila terjadi kerugian pada pasien. Hal ini disebabkan karena pengaturan telemedicine di Indonesia masih bersifat sektoral dan belum membentuk rezim hukum yang komprehensif. Penelitian ini bertujuan untuk menganalisis konstruksi pertanggungjawaban dokter dalam pelayanan telemedicine dengan bertumpu pada prinsip kehati-hatian (prudence), asas non-maleficence, serta teori pertanggungjawaban hukum. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, dan pendekatan filosofis, melalui studi kepustakaan terhadap bahan hukum primer, sekunder, dan tersier. Hasil penelitian menunjukkan bahwa pengaturan telemedicine di Indonesia masih tersebar dalam berbagai peraturan perundang-undangan, seperti Undang-Undang Kesehatan, Undang-Undang Praktik Kedokteran, Undang-Undang Informasi dan Transaksi Elektronik, serta Peraturan Menteri Kesehatan Nomor 20 Tahun 2019, sehingga belum membentuk kerangka regulasi yang komprehensif terhadap praktik telemedicine berbasis aplikasi digital. Selain itu, pertanggungjawaban dokter dalam pelayanan telemedicine harus dipahami dalam konteks alur pelayanan medis jarak jauh yang meliputi konsultasi, konsultasi klinis, pemeriksaan penunjang, penerbitan resep elektronik, hingga pelayanan telefarmasi. Dalam setiap tahapan tersebut, dokter tetap terikat pada prinsip kehati-hatian dan asas non-maleficence. Oleh karena itu, pertanggungjawaban hukum dokter lebih tepat didasarkan pada teori pertanggungjawaban berbasis kesalahan (fault liability) dengan menempatkan hukum pidana sebagai ultimum remedium, serta menegaskan pentingnya pembentukan regulasi telemedicine yang lebih komprehensif guna menjamin kepastian hukum dan perlindungan pasien.  Kata Kunci: Hukum Kesehatan; Pertanggungjawaban Dokter; Teknologi Kesehatan
Co-Authors Abdiyono, Pamuji Adi, Lutfhi Kalbu Agus Raharjo Agus Setya Wardhana Alhakim, Abdurrakhman Anas Indratanaya Annastasya Nur Rahmawati Ardiansyah, Prasetyo Argani, Latif Ari Setiawan Athif Hasan Al Banna Attamimi, Zeehan Fuad Bha’iq Roza Rakhmatullah Budiono, Budiono Chairul Huda, Chairul Daffa Jati Nugroho Damar Satya Wicaksono Dwi Lulu Afsan Saputra Farhani Nabiha Binti Mohd Yazi Fasya, Sofia Junindya Fatin Rohmah Nur Wahidah Fazacholil, M. Ghufron Febrianto, Yusuf Bagus Ferdianicko Maulana Hardiman Ghani, Muhammad Yusuf Al Gusti Kinanthya Anugrahing Halfan Dimas Aji Pangestu Hanafiah Hanafiah Hardianto Djanggih Hardiman, Ferdianicko Maulana Hendriana Chandra Permana Herni Nursheta Resmi Hertanto, Iwan Hidayah, Astika Nurul I Desak Ketut Dewi Satiawati Imam Maulana Muhammad Inayatul Khaqu Al-Amini Indriati Amarini Ira Citra Ningrom Ismail, Noorfajri Iwan Hertanto Kaila Nindia Labibah Kartini, Ika Ariani Kem Nori Alfath Latif Argani Luthfi Kalbu Adi Ma'ruf, Ma'ruf Mahdi Muhammad Maizidah Salas Marsitiningsih Marsitiningsih Marsitiningsih, Marsitiningsih Masrofah Masrofah Mohd Hassan, Fareed Muhamad Romdoni Muhammad Rustamaji Muhammad Rustamaji Mukarromah, Safitri Mulya, Agres Setia Nika Demitri Hudan Nisa Zahra Aliyah Khoirun Pandu Ardiansyah Prasetyo Ardiansyah Prima Maharani Putri Prio Budi Tri Utomo Putri, Prima Maharani Raharjo, Agus Rahtami Susanti Rahtami Susanti Rena Yulia Rusdiana, Shelvi Samhudi, Gamalel Rifqi Selamat Widodo Shendria Melva Anugrach Sifa Aminudin Silviana Nesya Rizky Siti Duwi Lestari Situmeang, Ampuan Sohheng, Nipon Sonny Zulhuda Sri Mulyani Putri Jayanti Supanto Supanto Supanto Suparto Suparto, Supanto Susilo Wardani Syahrul Adam Salleh Ibrahim Thalita Afradilla Sandra Vanda Affan Vanda Affan Widodo, Selamat Yunita Adinda Wulandari Yusmita Sari Yusuf Bagus Febrianto