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Ahmad Ashifuddin Aqham
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INDONESIA
Prosiding Seminar Nasional Pendidikan, Bahasa, Sastra, Seni, dan Budaya
Published by Universitas Palangka Raya
ISSN : 29637910     EISSN : 29637945     DOI : 10.55606
Core Subject : Humanities, Education, Art,
Arts Humanities Education Languange, Linguistic, Communication & Media
pendidikan, bahasa, sastra, seni, dan budaya ini, nantinya menjadi besar yang akan dikenal secara lokal, nasional, dan internasional.
Arjuna Subject : Seni dan Humaniora - Sastra dan Teori Sastra
Articles 204 Documents
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Perlindungan Hukum Terhadap Pasien Dalam Menyampaikan Keluhan Pelayanan Kesehatan di Rumah Sakit Melalui Media Massa Adi Sakti Setionegoro
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2889

Abstract

Legal protection aims to provide legal certainty to the parties involved in a legal action. This study aims to identify the laws governing the rights of patients as well as the level of alignment between the applicable legal regulations related to legal protection of patients in voicing complaints related to health services through the mass media. This study is normative or doctrinal descriptive, which aims to analyze the existence of legal truth related to the issue of legal protection of patients in submitting complaints of health services in hospitals through the mass media. The data sources used include primary and secondary legal materials, using data collection techniques in the form of document and literature studies. The results showed that the right of patients to obtain legal protection has been regulated in the legislation. Specifically, the legal protection of patients in submitting complaints related to health services in hospitals through the mass media is regulated in Law No. 44 of 2009 concerning hospitals. However, in its implementation, there is a discrepancy between the provisions contained in the hospital Law and Law No. 11 of 2008 concerning information and electronic transactions, especially related to articles concerning acts of insult and/or defamation. In the context of horizontal synchronization between the two laws, by applying the principle of Lex specialist derogat legi generalis legislation, it can be concluded that the hospital Law is specific because it emphasizes more on the legal relationship between patients and health workers, while the ITE Law is general because it regulates electronic transactions in various aspects, including those related to crime. Therefore, the application of the ITE Law in the context of the legal relationship of patients and health workers in hospitals is considered inappropriate. In this study, the ITE Law is considered to have uncertainty, multi-interpretation, and reduces the right to freedom of expression, so that amendments are needed to provide clarity in the protection of patients ' rights.
Dampak Terorisme dan Peran Media Dalam Propaganda Islamofobia: Tinjauan Pustaka Sistematis Muhammad Firdaus Syadzili
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2891

Abstract

Terrorist movements have often been heard, both in Indonesia and in other remote parts of the country. Several studies have discussed whether terrorism is included in the impact of globalization where the movement spreads rapidly along with globalization and becomes one form of transnational movement that eventually enters other countries and develops rapidly and immediately spreads ideas to existing countries. First, identify the article. Articles are taken from publications by various authors using the Scopus database. The next step is to enter the keyword "ISLAMIC TERRORISM" in the publish column and provide a discussion of the year of publication only in the last few years, namely from 2018 to 2021. The media has an important role in acts of terrorism, both in spreading networks and acts of terror. Cyberterrorism is everywhere, more flexible than traditional terrorism, and most cyber attacks occur in the country of origin. Thus discussing the complex features of cyberterror networks and identifying some of their geostrategic implications of cyber strategy. The public should be able to sort out the information obtained to the stage of proving who the terrorist networks are involved in the acts of terror. It is hoped that people will consume information wisely and not be carried away by propaganda that could endanger themselves, their families and society.
Analisis Yuridis Tentang Kewenangan Diskresi oleh Kepolisian Muhammad Khavindra Tamam
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2894

Abstract

Indonesia is a constitutional state. As a country that adheres to the rule of law doctrine, the role of the police is crucial, both as a law enforcement agency and as protectors of the community. In carrying out their duties as law enforcement officers, the police are granted the authority to exercise discretion, which allows them to make decisions or take actions based on their own judgment, in accordance with the situation at hand, which must be accountable. The legal basis for the discretionary policy used by the police is regulated in Law Number 2 of 2002, the Criminal Code (KUHP), and national criminal law. The research method used is normative juridical, with a legislative approach and other legal rules, sourced from law journals. Based on this journal's writing, it can be understood that the application of discretion needs to be carried out with caution so that such actions can be accountable, thereby ensuring security, utility, justice, and legal certainty. This journal also highlights that the regulation of discretion has undergone significant development, especially through on National Criminal Law. Under this regulation, the boundaries of police discretion are more clearly defined. However, like other legal regulations, discretion must also be continuously monitored and evaluated to ensure it does not conflict with human rights
Tinjauan Yuridis Aborsi Bagi Korban Pemerkosaan Berdasar Hukum Kesehatan dan Hukum Pidana Muhammad Arif Nur Syahid
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2895

Abstract

This paper examines the legal review of abortion actions for victims of rape based on the Health Law and criminal law in Indonesia. Using a normative juridical method, this study analyzes the paradigm shift in the regulation of abortion, where the Health Law provides a legal basis for legal abortion in cases of rape. The results of the analysis show the potential for a conflict of norms between the Health Law and criminal law, which requires further harmonization. The implementation of legal abortion for victims of rape still faces challenges, including a lack of understanding and social stigma. This research concludes the need for a multidisciplinary approach in handling cases of abortion for victims of rape, and recommends law harmonization, the preparation of detailed implementing regulations, and public education to improve legal protection for victims and health workers.
Klasifikasi Perbuatan Advokat Dalam Tindak Pidana Obstruction Of Justice Berdasarkan Ketentuan Hukum Pidana: Studi Kasus Putusan Nomor 3315 K/Pid.Sus/2018 Mugiono Mugiono
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2897

Abstract

The existence of a code of professional ethics is very important in order to keep advocates in practice or law does not come out of the values of the profession. The code of ethics is also needed to maintain that advocates serve the interests of the community and maintain the trust that has been given by the community to the community. The purpose of this study to determine the classification of criminal acts obstruction of justice in Decision No. 3315 K/Pid.Sus/2018. The act of the defendant who contacted and met with Doctor Bimanesh Sutarjo to ask for help so that his client could be hospitalized at the Medika Permata Hijau hospital with a diagnosis of several diseases, one of which was hypertension", with the aim of avoiding the KPK investigation was not an act carried out in connection with his professional duties, and the act was clearly an act without being based on good faith so that it was an act that could be classified as an act of obstruction of justice in decision 3315 K/Pid.Sus/2018
Analisis Yuridis Terhadap Kasus Ilegal Logging Berdasarkan UU No. 32 Tahun 2009 Marsha Firstya Alexandra
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2898

Abstract

This study employs normative legal methods to evaluate the case of illegal logging involving Munsiram, Defendant Marno Bin Junaidi, and other parties in the Central Java region. The analysis reveals that their actions violate the law and environmental protection principles. Through the examination of court decision Number 379/Pid.B/LH/2023/PN TJK, it is evident that the court applied the key principles outlined in Law No. 32 of 2009 on Environmental Protection and Management. Additionally, this research identifies the contributing factors to illegal logging, such as infrastructure issues, low-quality human resources, and involvement of authorities. Recommended measures to address this issue include strengthening law enforcement, empowering communities, increasing transparency, and developing economic alternatives. In conclusion, firm and sustainable law enforcement is necessary to tackle illegal logging and protect the environment.
Efektivitas Implementasi Hukum Pada Kasus Penyalahgunaan Narkotika Oleh Anak di Kota Semarang Tarisa Febby Trenada
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2899

Abstract

This study aims to evaluate the effectiveness of legal implementation in cases of narcotics abuse by children in Semarang City. The study employs a descriptive method with a juridical-empirical approach. The findings indicate that the enforcement of laws concerning narcotics offenses involving children has not been optimal. The primary reason is that the provisions in Article 127 of Law Number 35 of 2009 on Narcotics have not been fully applied in accordance with Article 71 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. Factors influencing the effectiveness of law enforcement in narcotics abuse cases by children include legal substance, legal structure, legal culture, legal awareness, and the availability of facilities and infrastructure.
Pengaruh Teori Positivisme Hukum Terhadap Sistem Peradilan Pidana di Indonesia Wahid Budiyono
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2900

Abstract

This study examines the influence of legal positivism theory on the criminal justice system in Indonesia. Legal positivism, which emphasizes the supremacy of written law, has significantly impacted the Indonesian criminal justice system. The study aims to investigate the extent to which legal positivism has shaped the principles, procedures, and practices within the criminal justice system in Indonesia The research method employed is a qualitative approach, utilizing doctrinal and empirical legal research methods. Data were collected through literature reviews, document analysis, and in-depth interviews with relevant stakeholders in the criminal justice system.The findings reveal that legal positivism has led to a rigid and formalistic approach within the Indonesian criminal justice system. This has resulted in a strong emphasis on the strict application of codified laws, often at the expense of considerations of justice, fairness, and societal needs. The study also identifies challenges and limitations in the current system, such as the over-reliance on written statutes, the limited role of judicial discretion, and the potential for disregarding the underlying principles of criminal lawThe implications of this study suggest the need for a more balanced and nuanced approach within the Indonesian criminal justice system, one that integrates the tenets of legal positivism with a greater emphasis on the principles of justice, proportionality, and the protection of individual rights. This study contributes to the ongoing discourse on the role of legal theory in shaping the criminal justice landscape in Indonesia.
Perlindungan Hukum Bagi Korban Pembegalan Yang Tidak Sengaja Membunuh Pelaku Begal Soetrisno Soetrisno
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2901

Abstract

This article aims to analyze the legal protection for victims of mugging who unintentionally kill the mugger. The research method used is a literature review by collecting data from relevant research journals published between 2019-2024. The results show that victims of mugging who unintentionally kill the mugger can be protected by law on the grounds of self-defense. However, further investigation is needed to prove that the action was indeed carried out as an act of self-defense. In conclusion, the law in Indonesia needs to provide more comprehensive protection for victims of crime, including victims of mugging, so that they are not afraid to report the crimes that have befallen them.
Penegakan Hukum Pidana Terhadap Pelaku Tindak Pidana Pencemaran Dan Perusakan Lingkungan Hidup Fitri Fitri
PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA Vol. 3 No. 2 (2024): November : PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUD
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/mateandrau.v3i2.2902

Abstract

Enforcing criminal law against perpetrators of environmental pollution and destruction crimes is crucial for environmental preservation. This article aims to examine the enforcement of criminal law against such offenders through a literature review method. Research findings indicate that despite existing laws and regulations on environmental protection, criminal law enforcement still faces various challenges. Lack of inter-agency coordination, limited human resources and budget, and low public awareness are hindering factors in criminal law enforcement. To enhance the effectiveness of criminal law enforcement, synergy and commitment from various parties are required. Institutional strengthening needs to be carried out by clarifying the duties, functions, and authorities of each agency in handling environmental crimes. Continuous capacity building of human resources is also necessary through specialized education and training. Efforts to increase public awareness and participation can be undertaken through campaigns, outreach, and environmental education. Furthermore, an evaluation and updating of regulations are needed to ensure deterrent effects for offenders and prevent the recurrence of environmental crimes in the future. Criminal sanctions imposed must be proportionate to the impact of the damage caused. With these efforts, it is hoped that criminal law enforcement can become an effective instrument in preserving the environment in Indonesia.

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