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All Journal ARRUS Journal of Social Sciences and Humanities Journal Of Law Sciences (Legisci)
Sura Anabertha Sembiring, Malemna
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for People with Mental Illness as Victims and Perpetrators of Criminal Acts Murtantyo Hutomo, Hery; Sura Anabertha Sembiring, Malemna
ARRUS Journal of Social Sciences and Humanities Vol. 3 No. 4 (2023)
Publisher : PT ARRUS Intelektual Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/soshum1967

Abstract

This study aims to determine the synchronization of legal protection arrangements for people with mental illness (ODGJ) and its forms of legal protection in the structure of Indonesian laws and regulations. This study used normative juridical research methods. The approach used in this study is the Statue Approach and Analytical Approach with the specification of research inventory of laws and regulations, legal synchronization , and legal discovery in concrete. The result revealed that legal protection for people with mental illness (ODGJ) in some cases has not shown a level of synchronization. It is concerned in several legal provisions, namely Article 28G paragraph (2) and 28I of the 1945 Constitution, Article 86 of the Mental Health Law Number 18 of 2014, Article 453 of Law Number 17 of 2023, Article 9 of Law Number 39 of 1999, Article 333, 304, 491, 44 paragraph 2 of the Criminal Code, and Ministry of Health Regulations (Permenkes) Number 54 of 2017. According to these results, it can be concluded that the efforts to prevent and overcome shackling action for people with mental illness are through a promotive, preventive, curative, and rehabilitative approach to the community about individuals with mental illness (ODGJ). The construction of a mental hospital with a criminal room that can accommodate treatments for people with a mental health condition with criminal convictions or routine treatments of people with a mental health condition who are convicted in detention cells. There are clear juridical qualifications between crime and offense so as not to cause juridical problems in its implementation.
The Power of Scientific Evidence in the Evidence System for Forest and Land Cases Kusmiharsono, Didik; Sura Anabertha Sembiring, Malemna
Jurnal Legisci Vol 1 No 4 (2024): Vol 1 No 4 February 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i4.192

Abstract

The development of evidence in cases of land and forest fires is regulated in Article 96 of Law Number 32 of 2009 concerning Environmental Protection and Management. In regulating the extent of evidence in environmental cases, the Supreme Court through Decree of the Chief Justice No.36/KMA/SK/II/2013 concerning the Implementation of Guidelines for Handling Environmental Cases. The research in this study is normative juridical legal research or library research. Meanwhile, the literature review uses various secondary data such as primary legal materials. The results of the study show that regulations on the use of scientific evidence (scientific evidence) as evidence in land and forest fire cases are contained in Laws, Ministerial Regulations and Supreme Court Decisions regarding the use of scientific evidence (scientific evidence) as evidence in land fire cases. The obstacle in using scientific evidence (scientific evidence) as evidence in land and forest fire incidents is that the causal relationship element is very difficult to prove so it requires scientific evidence.
Co-Authors Kusmiharsono, Didik Murtantyo Hutomo, Hery