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Pertanggungjawaban Pidana Terkait Kelalaian Pengobatan Tradisional Pada Suku Kemak di Kampung Sadi Kabupaten Belu Dalam Perspektif Hukum Positif Indonesia Chatrine Aurora Bere Mau; Karolus K. Medan; Bhisa Vitus Wilhelmus
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i1.394

Abstract

In Indonesia, traditional medicine has a legal position that is recognized and protected by state law in the provisions of article 50 paragraph (1) and paragraph (2) of Law Number 36 of 2009 concerning Health. It is also stated in the new Law Number 17 of 2023 concerning health article 192 paragraph (1). Although traditional medicine is recognized and regulated by national law, traditional medicine practitioners can also engage in malpractice acts. Currently, people have a lot of problems with traditional medicine, which is too prone to mishandling patients' diseases because of its methods that have not been clinically tested. The increasing number of cases of fracture infection caused by fracture shamans every year is one example of inappropriate handling that occurs in the Kemak Tribe in Kampung Sadi, Belu Regency. This research is a socio-legal research supported by an empirical approach that uses primary data and secondary data collected using interview and observation techniques and processed and dialysed using Editing, Coding, Verification, and Interpretation techniques. The results of this study show that (1) Negligence in traditional medicine is a serious problem that has a wide impact on individuals and society. (2) In traditional medicine, the prevention and control of negligence requires a comprehensive approach through education, regulation, and cooperation between the government, practitioners, and conventional health workers.
Dampak Overcrowding terhadap Narapidana Rumah Tahanan Negara Kelas IIB Ruteng Frederich Ramiga Seputra Gaut; Karolus K. Medan; Heryanto Amalo
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.2089

Abstract

Prison, is an institution whose existence is inseparable from law enforcement in Indonesia. Unlike prisons, Rutan functions as a temporary detention place for suspects or defendants who are undergoing the trial process. Currently, almost all prisons and prisons in Indonesia are experiencing an overcrowding crisis with an overcrowding rate. 92%. This condition is like a time bomb ready to explode. Extreme overcrowding in prisons and prisons has various negative impacts. Overcrowding in correctional facilities and prisons is a serious problem that must be overcome immediately. The impact is not only on the health and safety of residents, but also on the effectiveness of coaching and the state budget. This study aims to find out and discuss the impact of overcrowding on class IIB state prison inmates in Ruteng Regency. This research is an empirical legal research or empirical juridical research supported by a statuecause approach using primary data and secondary data collected using observation, documentation and interview techniques conducted with 33 informants. The data obtained was processed using editing techniques, data classification, data verification and description after which it was analyzed in a qualitative descriptive manner. The results of the study showed that (1) Overcrowding in Ruteng Class IIB Prison was caused by several interrelated factors. First, the limited capacity of Ruteng Detention Center. Second, the crime rate has increased in three districts. Third, the penal policy is not yet effective. Fourth, the low legal awareness of the public also plays a role in the increase in crime rates. (2) Overcrowding in Ruteng Class IIB Prison has a significant impact on inmates, especially in fulfilling their rights including the right to inmate health, the right to security, and the right to rehabilitation. Social coaching and reintegration programs cannot run effectively due to limited resources and space.
Pertanggungjawaban Pidana bagi Pelaku Pembunuhan yang Mengidap Gangguan Jiwa Periodik : (Studi Kasus Putusan No.41/Pid.B/2020/PN End) Geraldus Damansus Boro Sale; Karolus K. Medan; Aksi Sinurat
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i1.2096

Abstract

The purpose of this study is to find out about someone who has a mental disorder periodically committing an unlawful act, can be given legal responsibility for his actions, and the basis for the judge's considerations in sentencing the perpetrator of the crime of murder who has a mental disorder periodically. The type of research is normative legal research. The research data collection technique uses literature studies. The data will then be analyzed using qualitative analysis. The results of the study show that based on the theory of criminal responsibility, a person with a mental disorder cannot be punished because he is considered not to have the awareness and ability to be responsible or his actions, but there is a submission in the case of periodic mental disorders experienced by the defendant in the sentence, the legal status of the perpetrator does not immediately get a full element of forgiveness, in the audit the judge considered it worthy of being held criminally responsible because his actions had fulfilled the elements of criminal responsibility. The judge's decision ignored the conditions of the conversation with a history of periodic mental disorders showing weaknesses in aspects, legal certainty, benefits and protection of human rights, in contrast to the principles of legalization and violation of national law and imprisoning people who have a history or even are mentally ill does not provide benefits to the person himself.
Pertanggungjawaban Pidana bagi Pelaku Tindak Pidana Turut Serta Melakukan Pembunuhan di Kabupaten Ende Vinsensius Rau; Karolus K. Medan; Aksi Sinurat
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.4974

Abstract

Criminal liability is a form of imposing punishment on the perpetrator of a crime because of his/her unlawful actions. In other words, criminal liability determines whether a person will be acquitted or convicted of a crime that has been committed. This process involves the transfer of the existing punishment for the crime to the perpetrator. This research is a normative research. The results of the research show that Criminal liability for perpetrators who participate in the crime of murder, anyone who intentionally helps, plans, or plays an active role in murder can be held criminally responsible, either as the main perpetrator or as a participant (medeplichtige or medepleger). The sanctions imposed depend on the role and level of involvement of each perpetrator, in accordance with the principle of criminal responsibility and the element of error in criminal law. This must be reviewed carefully by the judge so that in making a decision on the defendant, it can have a deterrent effect on the perpetrator and not cause unrest for the victim's family regarding the decision handed down by the judge. The judge's decision to impose a light sentence on the perpetrator who participated in a crime that resulted in the death of a person shows an imbalance in law enforcement. This injustice can be caused by the judge's non-objective considerations, weak evidence, or lack of bias towards justice for the victim. This kind of decision risks weakening the deterrent effect and public trust in the justice system.
Penerapan Sanksi Adat dalam Penyelesaian Tindak Pidana di Desa Golo Poleng Kabupaten Manggarai Barat Elfrida Diana Salut; Karolus K. Medan; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5038

Abstract

This study aims to find out the process of applying customary law sanctions of Wunis Peheng in resolving the criminal act of persecution committed by police and TNI personnel against a resident in Golo Poleng village, Ndoso District, West Manggarai Regency. In addition, it also aims to find out whether the customary sanction of Wunis Peheng in resolving the crime of persecution can provide a sense of justice for residents. This research is categorized as empirical juridical research. The empirical juridical approach aims to analyze problems using legal materials related to problems that occur in the field. Data collection techniques are carried out by means of observation, interviews, and documentation studies. The data that is processed and analyzed based on the formulation of the problem that has been determined is then presented in a qualitative descriptive manner. The results of this study show that there are several stages in the process of applying customary sanctions of wunis peheng in the settlement of criminal acts of persecution, namely reporting cases of persecution to Tu'a Golo, summoning the parties involved in the persecution case, examination and verdicts of customary institutions, handing over Wunis Peheng from the perpetrator, Saying Traditional Prayers, Slaughtering ela (pigs). And several dimensions of justice in the provision of customary law sanctions, namely the rights of victims are fulfilled, restorative justice, and active participation of the community.