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Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
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INDONESIA
Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
 1 
Search results for , issue "Vol 5, No 2 (2024)" : 4 Documents clear
THE URGENCY OF FINGERPRINTS AS EVIDENCE IN CRIMINAL JUSTICE PROCEEDINGS Krismiyarsi, Krismiyarsi; Soleh, Adi Nur; Karyono, Hadi; Pancawisma, Mahmuda
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5157

Abstract

The Stages in the criminal justice process, starting from the investigation, prosecution, examination before the court, to the implementation of the court decision or execution. At each stage there are several actions that must be taken to be able to enter the next stage. Fingerprints are lines found on the skin of the fingertips of a person's right and left hands. The fingerprints of criminals are often left at the crime scene. Inquiries and investigations as one of the stages in the criminal justice process are intended to make clear and clear a criminal case in order to find the perpetrator. In carrying out inquiries and investigations, it is necessary to secure the place where the crime occurred to carry out fingerprint identification of the victim or perpetrator of the crime. This research uses a normative juridical research type with a statutory approach, concept approach and case approach. Using secondary data as main data through: statutory regulations, literature books, and criminal cases. Analysis uses qualitative analysis. The aim of this research is to analyze the urgency of fingerprints as evidence in the criminal justice process. The results of the research show that: The urgency of fingerprints in the criminal justice process is that apart from having an important function in the inquiry and investigation stages, they are also important as evidence for expert testimony, documentary evidence and indicative evidence in the evidentiary process at court hearings. Apart from being a piece of evidence, the perpetrator's fingerprints also function as evidence at trial, because the fingerprints on the tools used to commit the crime are accurate evidence regarding who the perpetrator was.
IDEOLOGICAL AND LEGAL POLICY PERSPECTIVES ON THE EXISTENCE OF ROHINGYA REFUGEES IN INDONESIA Fuady, Muhammad Irham; Zulkarnain, Zulkarnain; Berlian, Hangrengga
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5219

Abstract

The occurrence of the Rohingya and Rakhine ethnic conflict is a religious conflict in Myanmar between Islam and Buddhism that makes attention to the world, because the conflict resulted in ethnic Rohinya fleeing to neighboring countries, one of which is Indonesia. Indonesia is a legal state that upholds the sovereignty of the Unitary State of the Republic of Indonesia, but in addition to sovereignty there is a state ideology in the form of Pancasila which contains many humanitarian values. The purpose of this research is to find out the legal policies contained in Indonesia and how the Pancasila values are viewed towards foreigners who are refugees. The type of research used is normative or commonly called library research, the research approach is carried out with descriptive analysis with data collection techniques in the form of literature review, books, mass media, articles, journals, internet. The results of this study are that actually internationally normative, Indonesia has not ratified the 1951 convention and 1956 protocol, but Indonesia itself has specific guidelines for handling refugees contained in Presidential Regulation Number 125 of 2016 and Law Number 37 of 1999. There are several things that make Indonesia unable to ratify the Convention, namely if Indonesia ratifies it must comply with the convention, for example Article 17 of the 1951 Convention, namely the state must be responsible for providing jobs for refugees, even though Indonesia as a developing country still has a high unemployment rate, then Article 21 there is a provision that refugees must be given a house, even though the poverty rate of Indonesian citizens is still high and other articles that the Indonesian people have not been able to fulfill what is required in the convention. Then if seen from the point of view of Pancasila, Pancasila contains humanitarian values which means that upholding the human rights of anyone, including Rohingya refugees.
JURIDICAL ANALYSIS OF SHARIA-BASED ORAL HEALTH SERVICES IN HOSPITALS Sukini, Sukini; Santoso, Moh Imam; Aditya, Alif Krisna
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5383

Abstract

This article aims to provide an analysis of the intersection of Islamic Sharia principles, legal frameworks, and professional standards in the context of oral health care provided in hospitals. This research will offer a comprehensive review of how these elements interact to shape the ethical and legal landscape of dental and oral health services. The study employs a normative juridical research approach with a legislative perspective, utilizing library research data that is analyzed qualitatively in a descriptive manner. The analysis reveals that, from an Islamic perspective, health is considered a divine gift that each individual must be accountable for, and it is crucial for patient satisfaction in achieving optimal health outcomes. The role of stakeholders is vital to ensure the delivery of high-quality services, necessitating the implementation of robust health service standards that prioritize responsibility, safety, equity, and inclusivity. Furthermore, stakeholders need to further examine the significance of oral health in Islamic views, emphasizing its role in the digestive system and religious practices. This research delves into the development of Sharia-based health sectors, including hospitals, medical device manufacturers, and pharmaceutical companies, with a focus on patient-centered care and the integration of Islamic values. The roles of oral health professionals, such as dentists and dental therapists, are highlighted, with an emphasis on the importance of ethical and patient-centered practices. Overall, this study aims to contribute to a comprehensive understanding of how Sharia principles can enhance oral health services and optimize individual well-being
DELEGATION OF CLINICAL MANDATE IN ANESTHESIOLOGY: A LEGAL AND CHALLENGES PERSPECTIVE Kresnahadi, Ananda Agus
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.6402

Abstract

This study aims to critically analyze the delegation of authority for anesthesia and sedation procedures from anesthesiology and intensive care specialists to nurses or anesthesia assistants, and to examine the conformity of such practices with the prevailing legal framework in Indonesia. The research focuses on clarifying the boundaries of authority, legal protection for healthcare workers, and the effectiveness of regulations in ensuring patient safety. This is a normative juridical study using statutory and empirical approaches. Data were obtained through literature review of relevant legislation and in-depth interviews with anesthesiology specialists, nurse anesthetists/anesthesia assistants, and hospital administrators in several regions. The findings reveal that although the delegation of authority is normatively permitted under various regulations—such as Law No. 17 of 2023, Government Regulation No. 28 of 2024, and relevant Ministerial Regulations—its implementation in practice faces significant challenges. Regulatory disharmony, dual nomenclature between certified nurse anesthetists and anesthesia assistants, and the absence of clear professional standards have created legal uncertainty and inter-professional conflicts. On the other hand, these professionals have played a crucial role in providing anesthesia services, especially in regions with limited access to anesthesiologists. Therefore, a comprehensive regulatory reconstruction and restructuring of professional standards are urgently needed to ensure that delegation of authority is carried out safely, legally, and equitably, thereby strengthening a more accessible, equitable, and high-quality national health service system.

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