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All Journal Journal Indonesia Law and Policy Review (JILPR) Hang Tuah Law Journal Jurnal Hukum dan Etika Kesehatan (JHEK) Verdict: Journal of Law Science
Adriano
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Multidoor Approach in Law Enforcement against Environmental Crimes by Corporations Adriano
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.225

Abstract

In case of natural resource and environmental management by corporations, violations over laws occur quite often, especially in respect of state administrative, criminal, and civil laws. To present, the real implementation of law enforcement for violating corporations is not all-out as it only works limited on the surface of the cases, not on the core of which. In other words, law enforcement is so partial due to its ignorance to any other possibilities of violations over other legal dimensions and how they should be enforced. As a matter of the fact, overlapping happens, which causes failure in achieving the legal goals, i.e., certainty, justice, and utility. This article, thus, is aimed to acquire new thoughts through optimization of the implementation of valid legislation combined with the practice of solid law enforcement by means of multidoor approach. The approach also involves normative-juridical method through statute and conceptual approaches, completed with case study in combined. Further, the research has seen that law enforcement against corporations for their violations over natural resources and environment is of vast urgency. It is because the violations are inevitably interwoven with three legal dimensions at once, i.e., state administrative, criminal, and civil laws. Next, there are no comprehensive regulations that regulate environmental crimes for corporations. Therefore, a multidoor approach is a powerful way of law enforcement that is suitable for applying to corporations.
Odontologi Forensik Sebagai Metode Identifikasi dan Alat Bukti di Pengadilan Ramadhani, Ginanda Mutiara; Adriano; Chomariyah
Jurnal Hukum dan Etika Kesehatan VOLUME 3 NO 2
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v3i2.127

Abstract

Disasters that have occurred in recent years have resulted in many deaths. Health Law No. 36 of 2009 gives the government and the general public authority for identifying bodies. DNA, fingerprinting, and odontology procedures provide the highest levels of individual validity among victim identification approaches. Odontological identity in medical records, primarily through odontograms, can offer a new perspective as a reference in making forensic reports as evidence in legal proceedings. This research is normative juridical research with three approach methods used, namely the statutory approach, conceptual approach, and comparative approach. The new Health Law supports the Minister of Health's regulation and states that health service units must digitize medical records and promote interoperability in medical record history. This aims to provide antemortem data needed for forensic odontology methods if a crime or accident occurs to an individual. Forensic odontology is a very effective method for identifying victims; speed and accuracy are essential in proving the victim's identity and become one of the most vital pieces of evidence in court based on the Criminal Procedure Code, which applies as one of the references for making a post mortem et repertum at the request of an authorized forensic doctor.
THE INTERSECTION OF HEALTH LAWS AND HUMAN RIGHTS IN THE CONTEXT OF HIV-POSITIVE COUPLES Sesulih, Retno; Noor, M. Tauchid; Adriano
JILPR Journal Indonesia Law and Policy Review Vol 5 No 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.249

Abstract

Legal protection for partners of persons living with HIV (PLHIV) is the subject of this study. This study employs a form of normative juridical research that combines conceptual and statutory methodologies. A literature review was conducted to collect and analyze all legal materials utilized in this research. Deductive legal materials were employed for analysis. These are the outcomes of this research: 1) The relationship between health law and human rights in couples comprising people living with HIV (PLHIV) is reciprocal. Human rights violations frequently lead to health disruptions, and conversely, infringements upon the right to health constitute human rights violations. In the same way that health services must be universal and not discriminatory in accordance with the right to health, it is impermissible to deny access to health services to patients, including those who are partners of people living with HIV (PLHIV). 2) Legal protection for partners of persons living with HIV (PLHIV) is governed by the ICESCR, the ICCPR (Human Rights Law), and health-related legislation, including Health Law No. 17 of 2023. Human rights legislation is a reflection of societal values, specifically tolerance and nondiscrimination. Nonetheless, this legislation has yet to manifest empathy due to the absence of a concern-filled attitude towards the partners of individuals living with HIV.
RESTITUTION RIGHT FOR VICTIMS OF SEXUAL VIOLENCE Rahayu, Puji; Adriano; Pramono, Budi
JILPR Journal Indonesia Law and Policy Review Vol 5 No 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.297

Abstract

The legal protection for victims of sexual violence has been addressed in statutory regulations, but its implementation remains inadequate. This is evident in the lack of competence and training among law enforcers in handling victims of sexual violence, as well as the absence of psychologists/psychiatrists who can provide assistance in explaining mental conditions. The objective of this study is to examine the legal safeguards available to victims of sexual assault crimes and evaluate the compensation options provided to these victims. This study was conducted utilizing a normative juridical research methodology, which specifically involves analyzing the implementation of legal laws or norms. This research employs both a statutory approach and a conceptual approach. The government has not adequately fulfilled its responsibilities in providing the necessary facilities and equipment to handle, protect, and support victims of sexual abuse. Statutory regulations have established compensation in the form of restitution, but the victim must still take initiative by submitting a request to secure the right to reparation. Restitution should be mandatory for the perpetrator/defendant to compensate the victim, irrespective of whether the victim initiates a request or not.
LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES Khomsiyah; Zamroni, Mohammad; Adriano
JILPR Journal Indonesia Law and Policy Review Vol 6 No 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.302

Abstract

The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.
Juridical Analysis of Patients’ Rights to Information Disease and Action Medical by Doctor in Hospital Raden Mas Syauqi Annuri Sam Kusuma Patria; Sutarno; Adriano
Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.1.1.2022.16-29

Abstract

This study analyzed juridical analysis of patients’ rights to disease information and medical action by doctors in hospitals. The method used is a legal research method that aims to find solutions to legal issues and problems that arise from them. The results of the study show that the legal implications of regulating the right to information on diseases and medical actions given to patients by doctors in hospitals have an impact on the patient’s right to receive disease information openly and transparently from doctors related to diseases experienced by patients and patients have the right to be served maximally in obtaining medical treatment (Health services) by doctors at the hospital so that patients have the right to file claims if these rights are not fulfilled. Then, the presence of new health law, namely Law Number 36 of 2009, gives patients the right to refuse actions taken against themselves and to end treatment and care for their own responsibilities after obtaining clear information about their disease. In conclusion, the emergence of the Prita Mulyasari case was based on the non-fulfilment of the patient’s right to medical information. It was due to the absence of adequate and accurate communication between the doctor and the patient. Conflicts can be avoided if all parties, in this case, the doctor, patient and hospital, negotiate through deliberation and consensus by considering their respective rights and obligations.
Co-Authors Budi Pramono Chomariyah KHOMSIYAH Mohammad Zamroni Noor, M. Tauchid Puji Rahayu Raden Mas Syauqi Annuri Sam Kusuma Patria Ramadhani, Ginanda Mutiara Sesulih, Retno Sutarno