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All Journal ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Suara Hukum Kanun: Jurnal Ilmu Hukum Jurnal Dinamika Hukum
Mahadnyani, Tjokorda Mirah Ary
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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EFFECTIVENESS OF CRIMINAL SANCTIONS FOR VIOLATORS OF SMOKE-FREE AREAS IN INDONESIA: CHALLENGES AND RESPONSIVE LAW SOLUTIONS Darma, I Made Wirya; Mahadnyani, Tjokorda Mirah Ary
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.41851

Abstract

Cigarettes pose a significant global health threat, resulting in millions of related deaths annually. Consequently, governments worldwide, including Indonesia, have implemented smoke-free area policies in an effort to mitigate these health concerns. This study analyzes the effectiveness of criminal sanctions imposed on violators of smoke-free areas in Indonesia, while identifying legal challenges in enforcing these regulations and proposing normative solutions within the framework of responsive law. Utilizing a normative legal approach, this study combines both statutory and conceptual methodologies to analyze primary, secondary, and tertiary legal materials through literature studies. It employs a qualitative descriptive analysis method to examine the efficacy of criminal sanctions against violators of smoke-free areas in the context of responsive law. The results indicate that the effectiveness of criminal sanctions to enforce smoke-free areas in Indonesia is hindered by various constraints, including weak law enforcement, limited public awareness, economic conflicts of interest, and inadequate smoking facilities. This study recommends adopting a responsive law approach. This entails strengthening law enforcement, conducting continuous socialization and education programs, establishing special smoking facilities, involving the tobacco industry in health policy-making, and reformulating policies through a participatory approach. By implementing these responsive law solutions, it is anticipated that smoke-free area regulations can be more effectively enforced, garner the support of all parties involved, and contribute to enhanced public health protection from the risks associated with cigarette smoke.
Health Criminal Law as an Instrument to Protect Human Rights: A Comparative Study of Indonesia and Algeria Wirya Darma, I Made; Mahadnyani, Tjokorda Mirah Ary; Agus Kurniawan, I Gede; Driss, Bakhouya
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p68-97

Abstract

Health criminal law in the Indonesian context is actually regulated in Article 427 to Article 448 in Law 17 of 2023 concerning Health (Health Law). This is a major change in the health sector and covers various aspects that regulate public health, health services, and criminal law related to violations in the health sector. This study aims to analyze two important aspects, namely: (i) the regulation of health criminal law between Indonesia and Algeria and its relation to the protection of human rights, and (ii) the future regulation of health criminal law in Indonesia in realizing the protection of health rights for the community. This research is a normative legal research with conceptual, comparative and legislative approaches. The result of the research confirms that health criminal law can be said to be the main instrument to maintain and ensure health rights for the community. The findings of this research confirm that the main difference between Indonesia and Algeria lies in the way health criminal law is organized and applied. Indonesia has more detailed and specific regulations that address malpractice, medical negligence and the health sector more holistically. Whereas Algeria tends to regulate this in a more general framework, following the existing criminal code. The recommendation from this study is that there is a need for legal harmonization between health criminal sanctions in Articles 427 to 448 in Law 17 of 2023 on Health (Health Law) and the New Criminal Code including more detailed special regulations on malpractice, including investigation procedures, evidence, and criminal sanctions against medical personnel who are proven to be negligent or deliberately commit medical errors. This will provide legal certainty for patients and medical personnel.
Breaking the Silence: Necrophilia in Indonesia and the Pressing Demand for Legal Reform Mahadnyani, Tjokorda Mirah Ary; Wirya Darma, I Made
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15467

Abstract

Necrophilia, the act of engaging in sexual activities with corpses, remains an unregulated legal and ethical issue in Indonesia. The absence of specific legal provisions creates challenges in law enforcement and societal protection. This study analyzes the legal gaps in handling necrophilia cases and proposes reforms to ensure proper criminalization and deterrence. Using a normative legal research method, this study relies on library resources, including books, journals, and legal documents. Case studies help examine the legal and social implications of necrophilia. The findings reveal that necrophilia is not explicitly regulated under the Indonesia’s Criminal Code, leading to inconsistent legal responses and unclear punitive measures. While such acts violate societal norms and laws, their legal categorization remains ambiguous. A comparative analysis of international legal frameworks highlights the need for Indonesia to strengthen its laws. Countries like the UK and the U.S. classify necrophilia as a sexual crime, ensuring stricter penalties. The absence of similar provisions in Indonesia underscores a critical gap in the country’s criminal law, requiring urgent reform. Addressing this gap will reinforce legal protections and uphold societal values regarding the dignity of the deceased. It is recommended that Indonesia incorporate specific laws against necrophilia, drawing from international best practices, to ensure comprehensive legal enforcement and deterrence.
Justice Beyond Rights: A Philosophical Inquiry into Intellectual Property Through Derrida’s Deconstruction Darma, I Made Wirya; Kurniawan, I Gede Agus; Mahadnyani, Tjokorda Mirah Ary; Thapa, Nar Yan
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.40020

Abstract

Intellectual property law, which aims to protect creators of intellectual works, faces significant jus-tice-related challenges in the context of globalisation and access inequality. These issues can be criti-cally examined through Jacques Derrida’s deconstruction approach, which reveals contradictions and limitations in the pursuit of substantive justice. This study aims to critique the legal conception of justice within intellectual property law (IPL) through Derrida’s philosophical framework of decon-struction and to examine the implications of applying this theory to the interpretation and imple-mentation of justice in IPL. This research employs a normative legal methodology with a conceptual approach, analysing primary, secondary, and tertiary legal materials through a literature study and applying qualitative data analysis techniques to assess the notion of justice in IPL through the lens of Derrida. The findings reveal normative contradictions and conceptual instabilities within the IPL system, particularly concerning foundational principles such as originality, exclusive rights, and intellectual ownership. By deconstructing the binary oppositions underlying IPL, the study reveals that exclusionary and biased legal structures frequently influence the application of justice principles in IPL. This study contributes to legal scholarship by advocating for a more inclusive and equitable legal framework that ensures access to knowledge, thereby opening up new interpretive possibilities in the discourse on justice within intellectual property law.
Co-Authors Bakhouya Driss, Bakhouya I Gede Agus Kurniawan I Made Wirya Darma Thapa, Nar Yan