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All Journal Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Pemuliaan Keadilan Majelis: Jurnal Hukum Indonesia
Darius A. Kian
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Pidana Terhadap Pemalsuan Identitas Profesi Dokter Gigi yang Melakukan Tindakan Medik di Kota Kupang Maria Elfriany Clarita Siu; Heryanto Amalo; Darius A. Kian
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3300

Abstract

The purpose of this research is to analyze law enforcement and what are the modus operandi for committing a crime. The research method used is empirical juridical research obtained from interviews conducted at Kupang City Police Station and data collection at Kupang District Court. It also includes secondary data obtained by the author from books, articles, journals, laws and regulations, and others that are relevant and support this research. The results showed that the modus operandi carried out by the perpetrator of falsifying the identity of the dentist profession who performs medical actions is that the perpetrator uses medical devices, promotes himself by going to people's homes, uses methods similar to dentists, uses a dentist's identity tag complete with his title. Law enforcement carried out by the police and courts in the form of investigations and investigations as well as prosecutions and trials.
Tinjauan Yuridis terhadap Hukuman Pidana Pelaku Kelalaian Berat yang Mengakibatkan Kematian Bagi Pasien Gede Arie Krishna Wirawan Putra; Jimmy Pello; Darius A. Kian
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i2.1084

Abstract

Medical negligence is an act of medical personnel that causes harm to others that is carried out under compelling circumstances or violates the standards of the medical profession. According to Law No. 36 of 2014 states that health workers who commit negligence can be punished by criminal, with a maximum imprisonment of 3 years and 5 years if it causes death. The main problem in this research is whether the criminal punishment against the defendant of medical malpractice is in accordance with the defendant's actions?. This research was conducted using normative juridical method with legal material collection techniques, namely with statutory and conceptual approaches, the materials that have been collected are then analyzed and arranged systematically. The results showed that the prosecutor's indictment must meet the formal and material requirements listed in Article 143 of the Criminal Procedure Code, in legal cases whether the indictment is in accordance with applicable laws and regulations or not is only determined by the judicial process, it is the court that assesses the facts or evidence in court so that it becomes valid. The panel of judges, by assessing and considering the legal facts, considered that the charges of the public prosecutor were too severe and needed to be reduced so that the purpose of the sentence could be more appropriate and provide maximum benefit.
Tinjauan Kriminologis Terhadap Korupsi Pengadaan Benih Bawang Merah Dikabupaten Malaka: (STUDI PUTUSAN NOMOR 39/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 40/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 41/PID-SUS-TPK/2023/PN.KPG DAN PUTUSAN NOMOR 42/PID-SUS-TPK/2023/PN.KPG) Dian Maranatha Fallo; Heryanto Amalo; Darius A. Kian
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.217

Abstract

Extraordinary Crime is a label given to the crime of corruption. This is because corruption can hamper the economic life of the nation and state. Therefore, the eradication of corruption cannot be handled in the usual way but through an extraordinary handling. Corruption is a serious problem that can threaten the continuity of the Indonesian nation, coupled with the fact that the perpetrators of corruption are officials of government agencies who have a duty to foster and serve the community for the fulfillment of justice and public welfare. One of the easy targets for people who commit corruption, namely officials of government agencies in launching their actions, is the procurement sector of government goods and services. As happened in the procurement of shallot seeds in Malaka Regency in the 2018 fiscal year involving government agency officials and private parties.The problem formulations in this study are: (1) Factors causing corruption in the procurement of government goods and services, namely the procurement of shallot seeds in Malaka Regency (2) The impact of corruption in the procurement of shallot seeds in Malaka Regency (3) Countermeasures to improve the process of procurement of government goods and services in Malaka Regency.The writing of this thesis uses a type of juridical-empirical research with a case approach method, so that it is based on applicable laws and regulations and data obtained in the field. The case approach taken in this research is related to the corruption case of shallot procurement in Malacca Regency in the 2018 fiscal year.The results of the study show that the factors causing corruption in the procurement of shallot seeds in Malaka Regency are the intention of the defendants, the existence of authority and the opportunity for corruption. The impact of corruption in the procurement of shallot seeds in Malaka Regency is a state loss of Rp. 4,770,725,000.00 (four billion seven hundred seventy million seven hundred twenty-five thousand rupiah), not only limited to state losses but also losses felt by the community and government agencies involved in the corruption case of shallot seed procurement, namely the Government Goods / Services Procurement Section at the Regional Secretariat of Malaka Regency and also the Agriculture and Food Security Office of Malaka Regency. Therefore, efforts to eradicate corruption in the procurement of goods and services of the Malaka district government are not only carried out by the government alone, but also involve the active role of the community in preventing corruption in the government goods/services procurement sector and also countermeasures involving cooperation between the Malaka district government and the Malaka district police.
Studi Hukum Pidana dalam Kaitannya dengan Penambang Pasir Laut Ditinjau dari Undang-Undang Nomor 1 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 27 Tahun 2007 tentang Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil : Studi Kasus Kabupaten Alor Rominaldo Lezhera Letfa; Jimmy Pello; Darius A. Kian
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.228

Abstract

East Nusa Tenggara Province in managing the Coastal area in East Nusa Tenggara in Community participation in environmental protection and management efforts in East Lembur Village, Lembur District is still relatively low because not all communities play a role in the planning, implementation, utilization and evaluation stages in the context of environmental protection and management efforts. that the management of coastal areas must have permission from the local government and if carried out illegally, it can be subject to strict sanctions. The research method used in this study is empirical juridic research. Empirical legal research that focuses on behaviors that are embraced or developed in society. This behavior is accepted and appreciated by the community because it is not prohibited by statute law, does not contradict the morals of the community (social ethics). The results of this study show that the Criminal Law Regulation Related to Sea Sand Mining Based on Law No. 32 of 2024 Jo. Law No. 5 of 1990 Law Number 32 of 2024 concerning Amendments to Law Number 5 of 1990 provides a stronger legal framework for the management and protection of natural resources, including sea sand mining. The Coastal Rights Law refers to regulations and policies that regulate the utilization, management, and protection of coastal areas and the rights of the people living around them. that the people in East Lembur Village have several factors that cause why they are still doing illegal sand mining. One of the negative aspects is the implementation of mining activities that are not in accordance with existing regulations, such as illegal or unlicensed mining. Both on a large and small scale, mining activities require official permits, because their implementation without a permit can result in legal consequences that need to be accounted for.
Perlindungan Hukum Jasa Kurir Jual Beli Online dalam Sistem Layanan Cash on Delivery Frengky Petra Beti; Jimmy Pello; Darius A. Kian
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1815

Abstract

The issue of online shopping with the COD service is closely related to consumers' desire to avoid fraud in online transactions. Consequently, consumers always wish to inspect their ordered items before making payment, even though COD terms prohibit buyers from opening orders before payment. This situation leads to various problems, such as buyers making complaints to couriers using unlawful methods like threats, insults, extortion, and the like. These actions are directed towards couriers who are unaware of the regulations governing online shopping transactions between buyers and sellers. In some cases, social media reports often express these complaints by attacking couriers personally, ranging from insults to threats involving sharp weapons. This research aims to understand and analyze the criminal law regulations that provide legal protection for courier services. Additionally, it seeks to identify efforts that can be undertaken by service provider companies to protect couriers in online buying and selling. The research adopts a normative legal research method, which examines, maintains, and develops positive legal structures using legal logic. It will also refer to existing legal materials such as legal principles, legal doctrines, regulations, and legal literature, as well as legal theories. The study focuses on addressing normative gaps in regulations that govern the protection of couriers as employees in courier service companies. An employee is defined as anyone who works and receives wages or compensation in another form. In the agreement mutually accepted, the position of a courier is established as a partner of the courier service provider/expedition company. Conducting pre-delivery checks on the condition of goods helps reduce disputes related to damage or loss. Furthermore, it is crucial to understand and recognize the rights and obligations of couriers in the cooperation agreement, especially concerning COD payments, as it is a critical aspect. Legal protection for couriers needs to be considered and possibly codified to cover specific aspects that can provide security and assurance for their rights.
Co-Authors Dian Maranatha Fallo Frengky Petra Beti Gede Arie Krishna Wirawan Putra Heryanto Amalo Maria Elfriany Clarita Siu Pello, Jimmy Rominaldo Lezhera Letfa