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All Journal International Journal of Social Service and Research el-Buhuth: Borneo Journal of Islamic Studies
Carwan, Carwan
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Legal Protection of Rabies Victims in Bali, Which Resulted in The Death of Toddler from a Legal Sociology Perspective Carwan, Carwan; Lestari, Sari Indah; Febrianty, Yenny; Mahipal, Mahipal
International Journal of Social Service and Research Vol. 3 No. 12 (2023): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v3i12.577

Abstract

A toddler victim of rabies that causes death violates the right to life, survival and development as outlined in the conception of child protection in the explanation of Law No. 23 of 2002. The problems in this paper are: How is the Legal Sociology Study of the Effectiveness of Rabies Transmission Prevention Regulations, and How is the Legal Protection of Rabies Victims in Bali Causing the Death of Toddlers from a Legal Sociology Perspective? The research method used is Juridical-Empirical. The results showed that the toddler's parents were negligent in the case discussed because the wound was considered small and safe. Hence, the patient (family) was negligent and did not report to the health facility for further treatment. Regarding negligence that causes death, it is explained in Article 359 of the Criminal Code, which reads as follows: "Any person through whose fault (negligence) causes the death of another person shall be punished by a maximum imprisonment of five years or a maximum light imprisonment of one year." From the perspective of Legal Sociology, there is the arbitrary treatment of children carried out by families without paying attention to the child's right to protection following his health condition after being bitten by his pet dog.
Menelusuri Sejarah Penerapan Gugatan Citizen lawsuit Dalam Perspektif Hukum Acara Perdata di Indonesia Negara Mayoritas Islam Carwan, Carwan; Lestari, Sari Indah; Santoso, Tyas Sri Eka Santoso; Satory, Agus Satory
el Buhuth: Borneo Journal of Islamic Studies el Buhuth: Borneo Journal of Islamic Studies, 3(2), 2021
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (Center for Research and Community Services), Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/el-buhuth.v3i2.8021

Abstract

At the stage of filing a case, the term used is a legal action or lawsuit. A citizen lawsuit is a lawsuit filed on behalf of the public interest against the State authorities. The history of filing a citizen lawsuit originated in cases related to the environment, but over time, citizen lawsuits have been filed in various fields where the State is perceived to have been negligent and violated the rights of citizens. Therefore, it is important to understand the basis for applying the procedure using a citizen lawsuit in civil procedural law in Indonesia. This study aims to explore how a citizen lawsuit can be applied in civil procedural law in Indonesia, viewed from a historical and positive law perspective. This research uses a normative juridical research approach. Citizen lawsuits in Indonesia emerged through the adoption of legal mechanisms from other countries, driven by the activities of Non-Governmental Organizations (NGOs) and Legal Aid Organizations (LBH). The first use of a citizen lawsuit in Indonesia can be seen in Decision 480/PDT/2005/PT.DKI concerning the State's neglect of deported migrant workers in Nunukan by the Malaysian government. Thus, to date, citizen lawsuit cases have been followed by other civil court judges in similar cases, making citizen lawsuits a precedent followed by judges in similar cases
Co-Authors Agus Satory Asrun, Andi Muhammad Lestari, Sari Indah Mahipal Santoso, Tyas Sri Eka Santoso Satory, Agus Satory Yenny Febrianty