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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Journal of Law, Poliitic and Humanities
Dewi, Yurika F.
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis of a District Court Decision in a Case of Persecution Precipitated by Verbal Provocation in Palangka Raya City (No.109/Pid.B/2024/Pn.Plk) Sitorus, Esra Basaulina; Kristanto, Kiki; Dewi, Yurika F.
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.1557

Abstract

This research aims to analyse in depth the juridical aspects in the Palangka Raya District Court Decision Number: 109/Pid.B/2024/Pn.Plk related to persecution cases triggered by verbal provocation. The focus of the research is on the legal considerations used by the judge in deciding the case, as well as how the verbal provocation factor is used as the basis for imposing criminal sanctions. The research method used is normative juridical with the approach of analysing court decisions, literature studies on the Criminal Code (KUHP), and studies of criminal law doctrines related to criminal liability and factors that trigger criminal acts. The results showed that although verbal provocation by the victim was the trigger for the defendant's act of maltreatment, the court decided that the defendant's actions had exceeded proportional limits. The judge emphasised that verbal provocation cannot remove the element of culpability in the crime of maltreatment, although it can be taken into consideration in mitigating the punishment. This decision reflects the principles of fairness and proportionality in law enforcement, where judges must carefully weigh the triggering factors and the degree of guilt of the defendant. This research also identified that the verdict was in line with Article 351 of the Criminal Code on maltreatment, however the judge did not provide significant leniency because the defendant's actions were considered excessive.
Criminal Liability Analysis of Physicians Committing Misdiagnosis Through Digital Health Services Novriandi, Muhammad Reza; Dewi, Yurika F.; Noor, Rico Septian; Pratiwi, Putri Fransiska Purnama
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.65661

Abstract

This study examines the criminal justice system for doctors who misdiagnose patients through digital healthcare services (telemedicine) in Indonesia. With the advancement of information technology in healthcare, digital services offer ease of access, but also pose a potential risk of medical malpractice due to the limitations of in-person physical examinations. The study uses a normative juridical method with a statutory regulatory approach to analyze the relevant regulations and legal consequences of misdiagnosis in the digital context (telemedicine). The study shows that although the Health Law, the Criminal Code, and the Electronic Information and Transactions (ITE) Law regulate the responsibilities and sanctions for medical personnel, specific regulations governing digital healthcare remain unclear and out of sync with technological developments. This creates legal uncertainty, particularly regarding the determination of legal entities responsible for malpractice on digital platforms. Therefore, more specific and comprehensive regulatory reforms are needed to ensure legal certainty, justice, and patient protection, while ensuring the accountability of service providers and medical personnel in telemedicine practices in Indonesia.
Co-Authors Kristanto, Kiki Noor, Rico Septian Novriandi, Muhammad Reza Pratiwi, Putri Fransiska Purnama Sitorus, Esra Basaulina