Claim Missing Document
Check
Articles

Found 4 Documents
Search

Legal Aspects of Digital Proof in Medical Criminal Cases in Healthcare Services in Hospitals Kembaren, Novalina Br; Simarmata, Marice; Zarzani, Riza
Asian Journal of Healthcare Analytics Vol. 4 No. 1 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ajha.v4i1.14460

Abstract

The legal force of electronic evidence in criminal proof in Indonesia, recognized through the ITE Law but creating interpretive challenges due to disharmony with the KUHAP. Although the UU ITE expands the definition of evidence, authentication and collection validity requirements are not yet unified. The Constitutional Court decision and the amendment to the ITE Law provide clarification, particularly regarding wiretapping. In the context of medical criminal cases in hospitals, electronic medical records (EMR) are important but are hampered by the limitations of the KUHAP. Legal uncertainty regarding the submission, verification, and assessment of electronic evidence in medical criminal cases highlights the urgency of revising the KUHAP to comprehensively accommodate electronic evidence for the sake of legal certainty and justice.
Traffic Accident Criminal Offence Due to Over Dimension Overload on Goods Transport Vehicles Muhar Irwansyah, Joko; Zarzani, Riza
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 1 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article analyzes the criminal liability of traffic accidents caused by Over Dimension Overload (ODOL) in goods transport vehicles. ODOL practices lead to increased road damage, traffic congestion, and higher accident rates, posing significant safety risks to both vehicles and public infrastructure. The research focuses on case number 49/Pid.Sus/2022/Pn-Idi, in which a logistics company was convicted for modifying a truck and violating load capacity regulations. The study explores the legal framework regulating vehicle dimensions and load limits in Indonesia, and examines the enforcement of these laws, particularly the challenges in controlling ODOL practices despite existing regulations. The results highlight the need for stricter enforcement and clearer legal standards to ensure road safety and reduce infrastructure damage.
Criminal Act of Sexual Abuse Against Children Based on Law Number 35 Of 2014 and Aceh Qanun Number 6 Year 2014 Pribadi, Bagus; Zarzani, Riza
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 1 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The criminal offense of sexual harassment against children is a serious crime regulated under Law No. 35 of 2014 concerning Child Protection and Aceh Qanun No. 6 of 2014 concerning Jinayat Law. This study aims to analyze the comparison of legal regulations regarding child sexual harassment between the two laws, particularly in terms of definition, criminal sanctions, and protection of children as victims. The Child Protection Law at the national level emphasizes imprisonment and fines, while the Aceh Qanun introduces additional punishments such as whipping and using gold as the basis for fines. This study highlights significant differences between the two regulations, especially in the application of physical punishment and restitution for victims. The research concludes that the application of Sharia law in Aceh provides a distinct approach to protecting children from sexual harassment but does not fundamentally contradict national law.
Criminal Act of Adultery Against Married Perpetrators Based on Qanun Aceh Number 6 of 2014 Dainur, Dainur; Zarzani, Riza
Proceedings of the International Conference on Multidisciplinary Science (INTISARI) Vol. 1 No. 1 (2024): Proceedings of the International Conference on Multidisciplinary Science (INTIS
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the crime of adultery committed by individuals who are already married based on the provisions of Qanun Aceh No. 6 of 2014 concerning Jinayat Law. Qanun Jinayat, which enforces Islamic criminal law in Aceh, applies to all residents, both Muslims and non-Muslims, within the province. The primary objective of this qanun is to regulate society's behavior within the framework of Islamic law and to deter violations of Islamic principles through punitive measures, including fines, imprisonment, and flogging. The crime of adultery in Islam is classified into two categories: muhsan (those who have had legitimate sexual relations in marriage) and ghairu muhsan (those who have not). The punishment for muhsan includes stoning, while ghairu muhsan is punished by 100 lashes and exile. In contrast, under Qanun No. 6 of 2014, the punishment for adultery, regardless of the marital status of the offender, is 100 lashes without the distinction between muhsan and ghairu muhsan. Furthermore, the Qanun differs from Indonesia's national law (KUHP Article 284), which requires a formal complaint from the injured spouse for prosecution. In contrast, under Qanun Jinayat, no complaint is required for adultery cases to be prosecuted, and the penalties for those who facilitate or promote adultery are also included. The research also delves into a case study, Case No. 4/JN/2021/MS.Idi, where the perpetrator was sentenced to 100 lashes under Qanun Jinayat for committing adultery. The study compares the treatment of adultery under national law and Qanun Aceh and concludes that the Qanun provides harsher penalties to ensure deterrence and uphold Islamic values in Aceh.