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All Journal Jurnal Review Pendidikan dan Pengajaran (JRPP) Media Hukum Indonesia (MHI)
Maghfiroh, Laily
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Media Hukum Indonesia (MHI)

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Peran Lembaga Pemasyarakatan Terhadap Residivis Dalam Upaya Reintegrasi Sosial Maghfiroh, Laily; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11275262

Abstract

Residivis refers to the recidivism of criminal acts after serving a prison sentence as determined by the court. The Correctional Institution was established to provide guidance to inmates so that they can return to society with a better character. There are various factors hindering the effective and efficient functioning of the Correctional Institution. Therefore, this study was conducted using a normative method and a conceptual approach, as well as legal regulations. The results of this study show that the Correctional Institution has a rehabilitation program aimed at social reintegration, thus preparing residivis with various training programs to return to society. However, factors such as overcapacity, untrained staff, inadequate facilities, social stigma, and cultural factors hinder the effectiveness of these programs.
An Analytical Study on the Application of Justice Theory in the Perspective of Legal Philosophy: A Case Study of the Aggravated Assault on David Ozora Maghfiroh, Laily; Hidayat, Muhammad Rahmadzani; Salsabila, Syana Mifta; Putri, Syifadilla Subagyo
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17483522

Abstract

Justice is the primary goal of law and serves as the basis for every law enforcement process in Indonesia. The case of the serious assault on Cristalino David Ozora by Mario Dandy Satriyo reflects a test of the value of justice amidst social and power inequality. This study uses a normative method with a literature review to analyze the concept of justice theory from the perspective of legal philosophy, particularly according to Aristotle, John Rawls, and Gustav Radbruch. The results show that the application of justice theory in this case emphasizes the importance of equality before the law and the moral responsibility of the perpetrator. The court's decision to sentence the victim to 12 years in prison and require restitution to the victim reflects the application of commutative and distributive justice. This also shows that law enforcement in Indonesia must balance legal certainty, moral values, and humanity as the basis for achieving substantive justice.
Mewujudkan Justice As Fairness: Analisis Ketidakmerataan Pelayanan Kesehatan di Indonesia Menurut Teori John Rawls Maghfiroh, Laily
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17433104

Abstract

This study aims to analyze the inequality of healthcare services in Indonesia based on John Rawls’ theory of justice as fairness, which emphasizes the importance of distributive justice and the equal enjoyment of fundamental rights for all citizens. Inequality in healthcare access remains a serious issue in Indonesia due to the uneven distribution of medical personnel, limited infrastructure, and disparities in service quality across regions. This research employs a normative juridical method with philosophical, conceptual, and statutory approaches, using primary legal sources such as the UUD NRI Tahun 1945, Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 40 Tahun 2004 tentang Sistem Jaminan Sosial Nasional (SJSN), and Undang-Undang Nomor 6 Tahun 2023 tentang Cipta Kerja. The collection of legal materials was conducted through library research, and the data were analyzed qualitatively by interpreting legal norms and Rawls’ principles of justice in the context of equitable healthcare distribution. The findings show that the application of justice as fairness can be realized through policies promoting the equitable placement of medical personnel in underdeveloped regions, strengthening JKN, and implementing healthcare digitalization. This aligns with Pasal 28H ayat (1) and Pasal 34 ayat (3) UUD 1945, which affirm the State’s responsibility to guarantee every citizen’s right to adequate and equitable healthcare services.
Co-Authors Chusniyatin, Vira Maulidafi Hidayat, Muhammad Rahmadzani Kayus Kayowuan Lewoleba Nadlir Nadlir, Nadlir Putri, Syifadilla Subagyo Salsabila, Syana Mifta