Articles
10 Documents
Search results for
, issue
"Vol 1 No 1 (2018): MuLaRev"
:
10 Documents
clear
<![CDATA[The Right of Suspects to Obtain Legal Aid in Criminal Investigation ]]>
<![CDATA[Imanuel Marthen Dumais]]>;
<![CDATA[Muhadar Muhadar]]>;
<![CDATA[Marwati Riza]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.736
<![CDATA[In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect.]]>
<![CDATA[The Role of the Crown Witness in the Process of Proving Criminal Cases in Indonesia ]]>
<![CDATA[Ismail Ghonu]]>;
<![CDATA[Andi Muhammad Sofyan]]>;
<![CDATA[Nur Azisa]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.737
<![CDATA[The research issue focuses on the examination of crown witnesses in the process of establishing criminal cases in Indonesia. The examination of the crown witnesses is necessary because law enforcement officers find it difficult to find evidence, other than the testimony of witnesses of the perpetrators themselves in order to find material truth that can be justified. The result of the research shows that the role of the crown witness in the criminal prosecution process is very significant, that is to find the material truth, so that the fast and simple proof process fulfills the minimum standard of proof, upholds public justice against the perpetrators and determines the demands of each actor in accordance with its role. The need for legal protection against the crown witness and the need for a policy of reform of criminal procedure law through the refinement of the Criminal Procedure Code relating to the content of witness material of the crown firmly and limitatively in the future.]]>
<![CDATA[Protection of Papuan Native Children Conflicting with Law through a Restorative Justice Approach ]]>
<![CDATA[Mulyadi Alrianto Tadjuddin]]>;
<![CDATA[Yuldiana Zesa Azis]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.792
<![CDATA[rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling.]]>
<![CDATA[Legal Protection Against Health Workers in Taking First Aid Medical Measures ]]>
<![CDATA[Julianto Jover Jotam Kalalo]]>;
<![CDATA[Chyntia Novita Kalalo]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.1076
<![CDATA[Health workers are a noble job, this is because they are the foremost fighters in terms of health services. Health workers are part of a health service that needs legal protection in carrying out their duties and responsibilities as public health servants. In carrying out its duties, health workers are given the authority to carry out health service efforts in accordance with applicable regulations. This authority in the form of legal rules that can be used as a guideline or basis for health workers to carry out a medical action in a case of health they face. Health workers in taking first aid medical actions must obtain a protection in carrying out their performance as health workers in accordance with Tupoksi and oaths of appointment as health workers. In the oath of appointment as a health worker in taking the first action is regulated in the rules of the code of ethics and hospital regulations and others. Efforts that can be made by the government in this case the Health Office, Hospital and Regional Government are making a rule that can regulate the implementation of the first level medical action in dealing with patients inside the hospital or in an accident.]]>
<![CDATA[Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua ]]>
<![CDATA[Erni Dwita Silambi]]>;
<![CDATA[Marlyn Jane Alputila]]>;
<![CDATA[Syahruddin Syahruddin]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.1079
<![CDATA[The background of the keyword is the agenda of customary justice in the government which is clearly burdened by rules that are recognized and carried out well, making it possible to provide recognition of the prevailing customs in the community. The "confession" here is formal approval. The focus of the research is the implementation of customary justice in Papua in terms of Law Number 21 Year 2001 concerning Special Autonomy for Papua. The research objective is to design or formulate a model of customary justice in Papua. The target of the study is to get the right model of customary justice that is understood in their decisions in solving problems that occur in Papua. Merauke.Metote research in this research is qualitative research. The research conducted is learning, literature, taking data and interviews in depth. After that the data obtained are described and analyzed with quantitative methods to formulate economic empowerment models. The results of this study are the existing customary models, so that in the context of customary cases there are also cases where adat cases can be issued by the community.]]>
<![CDATA[The Right of Suspects to Obtain Legal Aid in Criminal Investigation ]]>
<![CDATA[Imanuel Marthen Dumais]]>;
<![CDATA[Muhadar Muhadar]]>;
<![CDATA[Marwati Riza]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.736
<![CDATA[In the law enforcement aspect, the unfair treatment of suspects is an act of public scrutiny that falls into the category of human rights violations. This study aims to analyze the urgency of the fulfillment of suspect rights at the stage of investigation as well as the implementation of the right to obtain legal assistance for the suspect at the investigation stage. The type of research is sociolegal research. This research conducted in Manokwari, West Papua, Indonesia, precisely in Manokwari Police Station. The result of the research indicates that the urgency to fulfill the rights of suspects is in the framework of the protection of the rights of the community which is the basic right if not fulfilled is discrimination and injustice which is expressly prohibited under the 1945 Constitution. Implementation of the right to obtain legal aid for the suspect at the investigation stage at Polres Manokwari has not been implemented optimally. The low interest of the suspects to be accompanied for not understanding the urgency of legal aid and the assumption that the use of legal aid services should be charged to be one of the obstacles in the fulfillment of the rights of suspects. In addition, the existence and interest of advocates on the provision of legal assistance is still very minimal also a constraint in implementing the right to obtain legal assistance for the suspect.]]>
<![CDATA[The Role of the Crown Witness in the Process of Proving Criminal Cases in Indonesia ]]>
<![CDATA[Ismail Ghonu]]>;
<![CDATA[Andi Muhammad Sofyan]]>;
<![CDATA[Nur Azisa]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.737
<![CDATA[The research issue focuses on the examination of crown witnesses in the process of establishing criminal cases in Indonesia. The examination of the crown witnesses is necessary because law enforcement officers find it difficult to find evidence, other than the testimony of witnesses of the perpetrators themselves in order to find material truth that can be justified. The result of the research shows that the role of the crown witness in the criminal prosecution process is very significant, that is to find the material truth, so that the fast and simple proof process fulfills the minimum standard of proof, upholds public justice against the perpetrators and determines the demands of each actor in accordance with its role. The need for legal protection against the crown witness and the need for a policy of reform of criminal procedure law through the refinement of the Criminal Procedure Code relating to the content of witness material of the crown firmly and limitatively in the future.]]>
<![CDATA[Protection of Papuan Native Children Conflicting with Law through a Restorative Justice Approach ]]>
<![CDATA[Mulyadi Alrianto Tadjuddin]]>;
<![CDATA[Yuldiana Zesa Azis]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.792
<![CDATA[rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling.]]>
<![CDATA[Legal Protection Against Health Workers in Taking First Aid Medical Measures ]]>
<![CDATA[Julianto Jover Jotam Kalalo]]>;
<![CDATA[Chyntia Novita Kalalo]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.1076
<![CDATA[Health workers are a noble job, this is because they are the foremost fighters in terms of health services. Health workers are part of a health service that needs legal protection in carrying out their duties and responsibilities as public health servants. In carrying out its duties, health workers are given the authority to carry out health service efforts in accordance with applicable regulations. This authority in the form of legal rules that can be used as a guideline or basis for health workers to carry out a medical action in a case of health they face. Health workers in taking first aid medical actions must obtain a protection in carrying out their performance as health workers in accordance with Tupoksi and oaths of appointment as health workers. In the oath of appointment as a health worker in taking the first action is regulated in the rules of the code of ethics and hospital regulations and others. Efforts that can be made by the government in this case the Health Office, Hospital and Regional Government are making a rule that can regulate the implementation of the first level medical action in dealing with patients inside the hospital or in an accident.]]>
<![CDATA[Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua ]]>
<![CDATA[Erni Dwita Silambi]]>;
<![CDATA[Marlyn Jane Alputila]]>;
<![CDATA[Syahruddin Syahruddin]]>
<![CDATA[ Musamus Law Review Vol 1 No 1 (2018): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v1i1.1079
<![CDATA[The background of the keyword is the agenda of customary justice in the government which is clearly burdened by rules that are recognized and carried out well, making it possible to provide recognition of the prevailing customs in the community. The "confession" here is formal approval. The focus of the research is the implementation of customary justice in Papua in terms of Law Number 21 Year 2001 concerning Special Autonomy for Papua. The research objective is to design or formulate a model of customary justice in Papua. The target of the study is to get the right model of customary justice that is understood in their decisions in solving problems that occur in Papua. Merauke.Metote research in this research is qualitative research. The research conducted is learning, literature, taking data and interviews in depth. After that the data obtained are described and analyzed with quantitative methods to formulate economic empowerment models. The results of this study are the existing customary models, so that in the context of customary cases there are also cases where adat cases can be issued by the community.]]>
