Zaid, M
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The importance of the restorative justice approach in the resolution of medical disputes Mawardi, Chalik; Zaid, M; Kamil , Rizqan
Wacana Hukum Vol 30 No 1 (2024): January-June
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i1.10667

Abstract

This research aims to elucidate the imperative nature of employing restorative justice as a viable solution for addressing medical offenses. Within the framework of the Indonesian legal system, medical crimes are classified as criminal offenses that are committed within the scope of the medical profession. Specific laws and regulations prosecute these offenses. This document is the outcome of a normative legal investigation. The study's findings indicate that the law enforcement issue for medical crimes stems from the ambiguous legal provisions outlined in Law 36/2009 about health. Consequently, the enforcement of medical crimes is subject to the provisions of the Criminal Procedure Code. Consequently, it can be argued that the distinction between medical crimes and ordinary crimes in the Indonesian context remains unchanged. Moreover, it is crucial to contemplate the implementation of restorative justice as an alternative approach to addressing medical crimes, taking into account the suffering and material damages endured by victims due to the actions of others.
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Saputra, Rian; Zaid, M; Wibowo, Muhammad Kurniawan Budi; Hanum, Willy Naresta; Triasari, Devi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.