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All Journal Proceeding of World Conference Solusi JURNAL USM LAW REVIEW Lampung Journal of International Law (LaJIL) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Science and Society (IJSOC) Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Jurnal Legalitas
Muhamad Adystia Sunggara
Universitas Pertiba Pangkalpinang
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Social Sciences Other

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Journal : Solusi

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PENERAPAN DAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU Sunggara, Muhamad Adystia; Meliana, Yang; Gunawan, Arifin Faqih; Yuliana, Sri
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.360

Abstract

The protection and recognition of human rights of every individual or citizen is an obligation for the state as a logical consequence of its establishment as a rule of law and a person has the right to be treated equally before the law, including for poor people who are in trouble with the law. This research is normative legal research or doctrinal legal research with a legal inventory approach, which collects norms that have been identified as legal norms. The conclusion of this study is that legal aid is not a guarantee in the form of access to law and justice for the poor because the application of legal aid at the practical level in the community still reaps several problems that hinder the realization of access to law and justice for the poor. First, the non-working normative legal framework. Second, the lack of legal awareness regarding legal aid. Third, access to justice which is formality. Fourth, discrimination and complicated procedures in funding legal aid. Fifth, there is no supervision in the application of legal aid.
ANALISIS YURIDIS PERMOHONAN EUTHANASIA DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Sunggara, Muhamad Adystia
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.429

Abstract

Euthanasia is the act of intentionally ending a person's life with the aim of relieving his suffering or illness, for example, a patient suffering from an incurable disease has the possibility to propose ending his life by lethal injection or discontinuing treatment. This study discusses how to apply for euthanasia in the perspective of Human Rights in Indonesia and how to euthanasia from the aspect of criminal law. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The results of this study are the general principle of the Criminal Code (KUHP) relating to the problem of the human soul is to provide protection, so that the right to live naturally as human dignity is guaranteed, then based on Indonesian law euthanasia is an act that is against the law and part of fulfilling Human rights, which humans are free to make their life choices which are regulated by law. Article 344 of the Criminal Code can no longer be used to ensnare euthanasia and must be revised, because the elements of euthanasia are not fully covered in the article. The conclusion in this study is that it is not easy to assess whether the act is contrary to criminal law, if it is not clear that the relationship between the criminal law and the criteria used as benchmarks, for an act which according to medical standards may escape criminal law. For this reason, criminal law should still be guided by generally accepted principles, namely actus non facit reum nisi mens sit rea or an act does not innocence, used in seeking material truth produced through proving the existence of a causal relationship between actions and consequences.
Co-Authors Agusto Imanuel Andrieo Vindhya Praguslinardo Aswadi Dwi Yanti, Yunita Enny Agustina Fernando, Zico Junius Firdaus Arifin, Firdaus Fitri, Idil Gunawan, Arifin Faqih Handes, Agung Dhedy Dwi Hariansyah, Syafri Judijanto, Loso Kusumah, Fardana M. Ilham Wira Pratama Meliana, Yang Mimi Muhammad Afif Oktaviani Siswati, Ceria Robi Rendra Tribuana Saliman Saliman Sri Yuliana Syafri Hariansah Therie Munadi Totok Hendarto Zulkifli, Muhamad Aziz