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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 3 (2022): September 2022" : 5 Documents clear
Diversion Of Recidivist Children According To Utilitarianism Aspects Arifah Uswatun Kossah; Sidik Sunaryo
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.21681

Abstract

In an act against legal norms, especially criminal law, children must be treated differently from adults. This is because children are a group of naturally weak people children who commit crimes should be lighter than those adults through what is known as restorative justice and Diversion (Indonesian law says it “Diversi”). However, then, Article 7 paragraph (2) of the Juvenile Criminal Justice System Law (Indonesian: UU SPPA), basically states that Diversi is only carried out if the criminal penalty for the act is less than 7 (seven) years and is not a repetition of a crime. Utilitarianism or Utilism puts benefit as the main goal of Benefit here is defined as happiness. So, good or bad or fair or not a law depends on whether the law gives happiness to humans or not. Through a normative juridical study that emphasizes the review of laws and literature studies, the authors find that a utilitarian review of Diversi to recidivist children is very likely to produce broad benefits for many people and has the potential to close the possibility of recidivist children committing criminal acts again. This is because, in Diversi, the benefits of overcoming the consequences of children's actions can be felt by the perpetrator's child, the victim, and their respective families through mutual agreement. In line with that, the principles of implementing the SPPA Law confirm that children must be addressed especially for the protection of their growth and development and to eliminate discrimination that differentiates the process between one child and another. It is hoped that with this literature review, legal products regarding juvenile justice can participate in guaranteeing the rights of recidivism children in Diversi as a method of overcoming crime by children.
The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence Moh. Faizin; Sugianto Sugianto; Romlah Romlah
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.21747

Abstract

As one of the largest organizations in Indonesia, the attitudes and policies taken by Muhammadiyah affect the life of the nation and state. One of these attitudes is the Role of Muhammadiyah's legal attitude towards the policy of protecting sexual violence. The methodology used in this research is the method of statutory and historical research. The results of the research with this literature study conclude that Muhammadiyah's attitude in responding to the Policy for the Protection of Sexual Violence is very firm, this can be seen from 2 aspects, namely, first, the basis of thought, which is based on the jurisprudence of child protection, then second, Muhammadiyah's attitude towards the PKS Bill, where Muhammadiyah pushed for the immediate ratification of the PKS Bill with a note that there were changes in problematic articles, supported by the facts presented by 'aisyiah, namely the increasing prevalence of sexual violence against women and children. In addition, Muhammadiyah also took a stand against Permendikbud 30 of 2021 regarding the Prevention and Handling of Sexual Violence in Higher Education Environments due to legal defects, so the policy must be revoked. Muhammadiyah in its attitude related to government policies related to the protection of sexual violence always adheres to the Qur'an and Sunnah as the basis for taking a stand for the benefit of the people and the state
Disclosure Of Final Stadium Patients' Diagnosis Review From Law And Bioethics In Indonesia Arsyzilma Hakiim; Fifik Wiryani
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.22195

Abstract

The relationship between doctor-patient rights and obligations, especially in hospitals, cannot be separated from conflicts or disagreements. These conflicts usually occur in special conditions that cause dilemmas in decision-making by doctors. Disclosure of the truth of the diagnosis in terminal patients or those suffering from end-stage disease is an ethical and legal issue that often occurs in health services. Problems occur, where on the one hand if the doctor tells the truth (reveals the truth) regarding the diagnosis/disease and on the other hand the doctor is worried that revealing the truth will have an impact that can worsen the patient's condition such as making the patient more depressed so that the patient can refuse further treatment. . But on the other hand, patients have the right to know information related to their illness. This research was conducted with a normative review approach. The results of this study found that disclosure of the truth about the end-stage disease can cause disturbances in psychological aspects and can potentially affect the patient's quality of life. The legal approach in disclosing the truth of end-stage disease through Law Number 36 of 2009 concerning health, Law Number 44 of 2009 concerning hospitals, and Law Number 29 of 2004 concerning medical practice is not fully the basis for the implementation of doctors in conveying the truth. Therefore, the bioethical aspect approach in this case through the principles of non-maleficence and respect for autonomy, truth disclosure can be done ethically and can minimize the negative impact of truth disclosure.
Protection and compliance of Human Rights of Residents Affected by the Semeru Eruption Achmad Hariri; Samsul Arifin Ari; Satria Unggul Wicaksana Prakasa; Asis Asis
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.23209

Abstract

The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).
Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan Sofyan Wimbo Agung Pradnyawan; Arief Budiono; Jan Alizea Sybelle
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.23237

Abstract

From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state

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