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ANALYSIS OF THE LIMITS OF AUTHORITY OF GENERAL PRACTITIONERS IN COMMUNITY HEALTH CENTERS IN ISSUING VISUM ET REPERTUM BASED ON LAW NO. 17 OF 2023 ON HEALTH Jaya Ashari; Herlita Eryke; Marlis Tarmizi
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7621

Visum et Repertum (Visum et Repertum) plays a crucial role in the criminal evidence process, but the authority of general practitioners in community health centers (Puskesmas) to issue them still creates legal uncertainty, especially after the enactment of Law Number 17 of 2023 concerning Health. This study aims to analyze the limitations of general practitioners' authority in preparing visums based on provisions of health law and state administrative law. The research method used is normative juridical, with a statutory, conceptual, and doctrinal approach, accompanied by an analysis of forensic medicine literature and medical professional regulations. The results indicate that Law 17 of 2023 does not explicitly regulate the authority of general practitioners in forensic procedures. Therefore, visums can only be issued if they comply with competency, professional standards, and the medical code of ethics. The study also found a gap between the needs of law enforcement in the regions and the limited forensic personnel, resulting in general practitioners still being required to issue visums despite inadequate normative basis. The study's conclusions emphasize the need for more comprehensive derivative regulations to provide legal certainty, improve the quality of visums, and protect doctors from legal risks.

Legal Analysis of Legal Protection for Landowner Farmers Against Investor Domination in Agrarian Policy in Indonesia Surya Asman Jaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.36

The issue of legal protection for landowner farmers in their interactions with investors and government bias is a critical topic in economic development and land management in Indonesia. This study aims to analyze existing legal protections for landowner farmers against investors and to evaluate how government bias is reflected in current agrarian policies. This research uses a qualitative approach, drawing on literature and analyzing relevant laws, regulations, and secondary data. The results show that although Indonesia has a legal framework, such as the Basic Agrarian Law (UUPA) No. 5 of 1960, to ensure fair land distribution, its implementation is often ineffective due to economic inequality and limited legal knowledge among farmers. In addition, the findings show that many land agreements involving farmers lack transparency, making them vulnerable to disadvantageous contracts and land conversion. Analysis shows that the imbalance of power between farmers and large-scale investors often leads to injustice, as economic interests often override the protection of agrarian rights. Although programs such as Agrarian Reform exist, they face significant bureaucratic and administrative obstacles that hinder the redistribution of land to those who need it. As a result, the government's role is often seen as favoring industrial interests, such as large plantations, over the welfare of small-scale farmers. Based on these findings, it is recommended that the government strengthen agrarian reform mechanisms by improving data validation and simplifying administrative procedures. In addition, providing legal education and assistance to farmers is essential to raise their legal awareness and prevent them from entering into disadvantageous agreements.

Enforcement of Environmental Criminal Law Based on Ecological Justice: Green Criminology Analysis of Structural Crime in Indonesia Wisnu Indra Cahaya; Fero Sanjaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.37

This study examines the implementation of environmental criminal law enforcement in Indonesia through the perspectives of green criminology and green victimology, focusing on the ongoing challenges in controlling ecological crimes and protecting environmental victims. The research uses an empirical sociological-legal approach, with a descriptive-analytical framework to analyze court decisions and field information from law enforcement officials and affected communities. The results show that environmental law enforcement in Indonesia still prioritizes administrative mechanisms over criminal sanctions, which are often applied inconsistently and selectively. This analysis reveals that such legal patterns weaken the deterrent effect, especially against corporate actors, and fail to uphold ecological justice because court decisions often ignore the environment as the primary victim and eliminate mandatory restoration. As a result, environmental damage is often treated as a formal violation rather than a serious structural crime. To address this issue, this paper recommends strengthening the use of criminal instruments for significant ecological violations, integrating mandatory environmental restoration into every court ruling, and increasing the participation of affected communities in legal processes to ensure comprehensive ecological restoration and social protection.

Reconstruction of Digital Evidence Models in Cybercrime: An Integrative Analysis of Contemporary Criminology and Digital Forensics Rachmat Alviando; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.38

The rapid development of information technology has changed the social and economic landscape, while introducing complex challenges in the form of cybercrime, which is often difficult to handle using conventional legal evidence mechanisms. This study aims to develop and test a conceptual model that links perpetrator criminogenic factors, the application of digital forensics, and regulatory or institutional power with the success of digital evidence in cybercrime cases. To address this issue, a quantitative approach with a correlational design was used, with data collected through a purposive sampling survey of 120 law enforcement practitioners and digital forensic experts in Indonesia. The results show that the application of digital forensics (β = 0.45, p < 0.001) and regulatory strength (β = 0.28, p < 0.01) significantly incrRRease the success of digital evidence, while perpetrator criminogenic factors and complex modus operandi have a negative influence (β = –0.22, p < 0.05). Analysis of these findings suggests that the success of digital evidence is highly dependent on the integration of technical-forensic precision with institutional support to counter the increasing complexity of anti-forensic techniques used by criminals. Based on this analysis, it is recommended that law enforcement agencies strengthen the capacity of digital forensic laboratories and harmonize legal regulations to be more adaptive to the dynamic nature of cyber threats and technological advances.

Reform of Human Trafficking Victim Protection Policy in Indonesia: A Human Rights and Restorative Justice Perspective Fero Sanjaya; Herlita Eryke
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.39

Purpose of this paper is to examine the legal framework of victim protection in human trafficking cases in Indonesia, which currently faces significant challenges regarding the fulfillment of victims' rights to restitution. Despite the existence of Law No. 21 of 2007, victims often encounter systemic barriers in obtaining recovery, leading to secondary victimization. Methods used in this study follow a normative legal research approach with statutory, conceptual, and case perspectives, specifically analyzing Supreme Court Decision No. 2355 K/Pid.Sus/2022. Research results indicate that the current restitution mechanism is merely decorative and highly dependent on the perpetrator's financial capacity, which is often non existent or hidden. The study finds a significant legal gap where the state lacks a mandatory safety net for victims when perpetrators fail to pay. Analysis reveals that the protection policy is still heavily "offender-oriented" rather than "victim-centered." The lack of synchronization between human trafficking laws and witness/victim protection regulations creates procedural fragmentation that hinders the restorative justice process. To address these issues, this paper argues for a legal reformulation that positions the state as the ultimate guarantor of victim recovery. Recommendationsinclude the urgent revision of the Human Trafficking Law to institutionalize a "Victim Recovery Fund" and the implementation of an Integrated Standard Operating Procedure (SOP) to ensure that legal, psychological, and financial recovery are handled simultaneously through a coordinated inter-agency system.

Exploring The Experiences Of Sexual Abuse Victims In The Forensic Examination Process At The Rejang Lebong Regional Public Health Facility Nova Kristi Fransiska; Herlita Eryke; Marliz Tarmizi
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3240

This study examines the experiences of child and adolescent sexual abuse victims during the forensic examination process at health facilities in Rejang Lebong. Sexual violence against children is a serious and complex problem that requires a multidisciplinary approach to its handling. Based on in-depth interviews and prior literature, it was found that the forensic examination process frequently causes deep psychological trauma to victims, particularly when procedures are conducted invasively and without adequate empathy. Many victims reported feeling afraid, anxious, and disrespected, especially when officers failed to apply a trauma-informed approach or to maintain their privacy. Their experiences highlight the critical need for humane services characterized by empathetic communication and comfortable, safe facilities. The findings indicate that conducting examinations in a sensitive, transparent manner that respects human rights is essential for reducing ongoing trauma and strengthening victims' trust in the legal system and healthcare services. Trauma-informed care approaches, continuous training for personnel, and improvements to facilities and awareness of victims' rights are proposed as principal strategies to ensure that the forensic process is conducted humanely and effectively. Overall, this study underscores the importance of a trauma-informed approach within the healthcare system and law enforcement to protect the human rights of victims and minimize the long-term effects of trauma

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