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Muhammad Hatta
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IJLSH
Published by Lembaga Pusat Studi Sosial dan Humaniora
ISSN : -     EISSN : 30637554     DOI : 10.70193/ijlsh
Core Subject : Social,
Social Sciences
The International Journal of Law, Social Science, and Humanities (IJLSH) is a periodically published scientific research and scholarly work authored by legal experts, academics, practitioners, and researchers in the fields of law, social sciences, and humanities. The International Journal of Law, Social and Humanities is a multidisciplinary publication that emphasizes scholarly research. It is published three times each year, in March, July, and November, by the Central Institute for Social and Humanities Studies [LPS2H]. This publication features scholarly articles and research findings contributed by prominent experts, academics, scientists, and practitioners in a range of disciplines within law, social sciences, and humanities. It serves as a platform for interdisciplinary dialogue and the dissemination of knowledge.
Arjuna Subject : Umum - Umum
Articles 42 Documents
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Communication in Health Care Services: An Overview of the Legal Position of Informed Consent Muhammad Hatta; Cut Khairunnisa; Sri Wahyuni
International Journal of Law, Social Science, and Humanities Vol. 1 No. 1 (2024): IJLSH - July 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i1.139

Abstract

The principle of informed consent requires physicians to communicate with patients before administering medical treatment. The information provided by physicians serves as a guide or consideration for patients when making an informed decision and gives the physician permission to proceed with the medical intervention. The obligation of physicians to communicate effectively has been regulated in Articles 35 and 45 of Law No. 29 of 2004 concerning Medical Practice and further strengthened by the Regulation of the Minister of Health of the Republic of Indonesia No. 290/ Menkes/ Per/ III/ 2008 concerning Approval of Medical Measures. Effective communicationin health care services cannot be exaggerated when it comes to providing medical care. Before the administration of medical treatment, the patient had already been informed of his condition, the probability of recovery, the potential risks associated with treatment and alternative therapy methods to ensure that patients were well informed about the disease and procedures that would be performed by physicians. Efficient communication between patients and healthcare providers is crucial to preventing medical malpractice.
Cybercrime in virtual spaces: An overview of the law in Indonesia Zulfan
International Journal of Law, Social Science, and Humanities Vol. 1 No. 1 (2024): IJLSH - July 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i1.140

Abstract

The Internet has the potential to overcome national barriers and facilitate global dissemination of information. Although its benefits are numerous, it also has detrimental consequences that could disrupt society. Engaging in cybercrime is typically required only to create a substantial number of blogs, accounts, applications, programs, and websites on various social and mass media platforms for illicit purposes. Examples of unlawful activities include, but are not limited to, fraud, data theft, unauthorized use of credit cards, distribution of inappropriate content, online gambling, and prostitution, as well as hate speech and extremist or terrorist activities. To address the issue of virtual space crime, the government enacted Law No. 19 of 2016, which amended Law No. 11 of 2008, with respect to information and electronic transactions. However, it is important to recognize that not all people who use the internet have a comprehensive understanding of the legal framework. Consequently, government, employers, and institutions involved in information and communication technology are responsible for educating the public about the law to reduce the incidence of criminal activity in virtual spaces.
The Criminal Acts of Corruption as Extraordinary Crimes in Indonesia Johari; Teuku Yudi Afrizal
International Journal of Law, Social Science, and Humanities Vol. 1 No. 1 (2024): IJLSH - July 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i1.141

Abstract

Corruption in Indonesia Law is almost present throughout the Law of the government, h at the central and regional levels. Although there are various disagreeing parties of corruption classified as extraordinary crimrally argue that corruption in Indonesia can be categorized as an e,xtraordinary crime because it is organized, systemic, a,nd has been looting so that it can negatively impact economic growth, legal enforcement, and national security stability. Therefore, to combat corruption crimes in Indonesia, the government has issued No. 31 of 1999 and No. 20 of 2001 on the eradication of corruption crimes as a legal basis for the eradication of corruption in Indonesia. However, with the issuance of Law No. 19 of 2019 for the amendment of Law No. 30 of 2002 on the Eradication Commission, various legal experts have assessed that corruption crimes in Indonesia can no longer be classified as extraordinary crimes because some of the extraordinary powers that KPK has as the spearhead of corruption eradication in Indonesia have been eliminated
An Overview of Drug-Related Criminal Acts as Extraordinary Crimes in Indonesia Husni; Muhammad Nur
International Journal of Law, Social Science, and Humanities Vol. 1 No. 1 (2024): IJLSH - July 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i1.142

Abstract

Indonesia is a nation that has unfortunately become a target for drug trafficking, resulting in a growing number of drug-related crimes each year. To address drug crime in Indonesia, the government has issued Law No. 35 of 2009 on Narcotics and Law No. 5 of 1997 on Psychotropic. The Indonesian government's efforts to eradicate drugs crime have not been successful. This study employs a qualitative research design with a normative approach. Our study revealed that law enforcement has been considereed optimal due to the government's establishment of the National Narcotics Agency (BNN) as a specialized, independent institution with broader authority than other law enforcement agencies. The 2009 Narcotics Law, specifically Law No. 35, establishes strict penalties for drug abuse, which can include imprisonment, additional punishment, or even the death penalty
The Legal Position of Corporate Crime in Indonesia Joelman Subaidi; Budi Bahreisy
International Journal of Law, Social Science, and Humanities Vol. 1 No. 1 (2024): IJLSH - July 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i1.143

Abstract

In the context of Indonesian criminal law, legal subjects extend beyond humans or individuals to include legal entities or corporations. Corporations, as legal entities that can be held accountable for their actions, are subject to a range of legal frameworks, including those outlined in various laws such as Law No. 7 Drt. Year 1955 concerning Investigation, Prosecution and Trial of Economic Crimes, Law No. 31 Year 1999 as amended by Law No. 20 Year 2001 concerning Amendments to Law No. 31 Year 1999 concerning Eradication of Crimes, Law No. 9 Year 2013 concerning Prevention and Eradication of Criminal Acts of Terrorism Financing, Law No. 31 Year 1999 concerning Corruption Eradication, Law No. 41 Year 1999 concerning Forestry and others. Criminalizing corporations differs from criminalizing individuals due to the inherently distinct nature of corporations, which is not subject to the same legal principles as individuals within the criminal law. While certain forms of punishment can be imposed upon people, they are not applicable to corporations; for example, imprisonment and death penalty. Therefore, it is necessary to impose an appropriate form of punishment on corporations in order to achieve the objectives of criminalization. Accordingly, a variety of sanctions exist that are regulated by several different laws, including probation sanctions, equity fines, diversion to alternative sanctions, supplemental sanctions, community service sanctions, the authority of external legal entities, and the requirement to purchase shares.
Developing Transformational Strategies to Improve the Accessibility of E-Governmental Services in South African Local Government Nkgapele, Simon Matome; Mokgolobotho, Regina Mapula
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.147

Abstract

The access to electronic governmental services is an important element of effective governance, particularly in developing nations such as South Africa, where there are still differences in access and skills to digital technologies. As digital transformation becomes increasingly important for effective governance, it is urgently necessary to develop strategies to ensure that all citizens can access electronic governmental services. This study focused on the development of transformation strategies to enhance access to electronic governmental services in local governments in South Africa. This qualitative research used existing literature and case studies to develop transformation strategies to improve access to digital government services. The paper evaluated how the accessibility of electronic government services affected the responsiveness and effectiveness of the provision of local government services. Moreover, the paper also examined the impact of socio-economic factors on the accessibility of electronic services provided by municipalities in South Africa. This included the assessment of the citizens' perceptions of the use and accessibility of the current electronic government services of the municipalities of South Africa. Finally, although electronic public administration services have great potential to enhance local governance in South Africa, their accessibility depends on a solution to socio-economic imbalances, infrastructure limitations, technological obstacles, and trust issues. The study provided strategies for promoting the access of local government e-government services in South Africa. As a result, the findings of the paper contributed to growing knowledge on e-government tactics to improve service delivery and promote good governance practices in South Africa. Keywords: E-Government Services, E-Government, South African Local government, Accessibility
Constitutional legitimacy of the interim government: Analysis on Bangladesh Perspective Sayed Mohammad Abu Daud
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.156

Abstract

Bangladesh now has an interim government, which acts as a transitional government between the old and new regimes, with the responsibility of maintaining stability and laying the groundwork for a more permanent solution. Imagine a country on the verge of collapse. A valid revolution was successful. A fascist prime minister has resigned and is running away, and it has left the country in disarray. What happens next? Who takes control? This is where the fascinating concept of an interim government steps onto the stage. The issue of constitutional legitimacy surrounding an interim government in Bangladesh is a pivotal subject that impacts the country’s democratic processes. This paper analyzes the constitutional legitimacy of an interim government in Bangladesh, focusing on historical context, legal principles, and the ongoing scenario after the July revolution.
Legal Consequences of Medical Accidents and Medical Malpractice in Indonesia Muhammad Ghozali; Cut Afra; Deddi Agusriadi; Sudirman Suti
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.159

Abstract

Medical malpractice, which refers to errors or negligence committed by doctors and medical personnel when treating patients. This malpractice can have serious consequences, such as worsening the patient's health condition or even causing death. This act of malpractice has legal consequences, and therefore, it is important to have a clear legal system in the health sector. The research conducted is of a normative juridical nature, using various approaches to understand this problem. The results of the study indicate that the criminal law governing medical malpractice is contained in the Criminal Code, which includes elements of negligence. To increase legal certainty for patients who are harmed, there are special laws, namely Law No. 36 of 2009 concerning Health and Law No. 36 of 2014 concerning Health Workers, which regulate law enforcement related to malpractice. Overall, this text emphasizes the importance of legal protection for patients and the responsibility of doctors in medical practice.
The Role Of Forensic Autopsy In Proof Of The Crime Of Planning Murder Liana, Nora; Rahmayanti; Ade Ira Octa Femi; Rifki Mulia; Rusli; Muhammad Hatta
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.161

Abstract

Forensic autopsy plays a crucial role in proving the crime of premeditated murder. The autopsy process not only helps reveal the cause of death, but also provides physical evidence that can link the suspect to the crime. In a legal context, autopsy results are an important element in investigations and trials, providing a strong basis for the public prosecutor to prove the perpetrator's intentions and modus operandi. In Indonesia, the Health Law, especially Law Number 17 of 2023, regulates the importance of health services related to death. In this case, a forensic autopsy is regulated to ensure that the process of identification and analysis of death is carried out professionally and in accordance with medical ethics. Apart from that, this law also emphasizes collaboration between medical personnel and law enforcement officers in handling suspicious death cases. Thus, a forensic autopsy not only functions as a tool of evidence in court, but also as a form of moral and legal responsibility in handling premeditated murder cases, ensuring that every unnatural death is handled with thoroughness and integrity. Forensic autopsy has a crucial role in proving the crime of premeditated murder. This research aims to analyze the contribution of forensic autopsies in the investigation and evidence process in court. The method used is document analysis and case studies, by collecting data from autopsy reports, court decisions, and related legal documents, including the Health Law which regulates autopsy procedures and the use of the results in criminal cases. The research results show that a forensic autopsy not only identifies the cause of death, but also provides important evidence regarding the time of death, the method of murder, and the possible involvement of other parties. These findings support the importance of integrating autopsy results in the legal process, while also emphasizing the need for compliance with the Health Law which guarantees the ethical and professional implementation of autopsies. In conclusion, forensic autopsy is a vital tool in the investigation of premeditated murder cases, providing a strong scientific basis for the judicial process and law enforcement.
The Role of Visum Et Repertum in Proving Criminal Matters in Indonesia Tuti Gusmawati Simanjuntak; Lili Rahmayana Harahap; Ahmad Mulia Sembiring
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.164

Abstract

The use of Visum et Repertum occurs during the evidentiary stage before a criminal trial. Judges carefully evaluate the robustness of the evidence obtained from this examination, thereby strengthening their confidence in reaching a just verdict. By understanding the important role that the Visum et Repertum plays as a form of evidence, judges are equipped to determine the guilt or innocence of the accused in relation to the alleged crime. The research methodology used is normative legal research, characterized by a descriptive analytical approach. This approach involves a thorough examination of literature sources through various viewpoints, including the Legal approach, Conceptual approach, and Case approach. This research carefully involves primary and secondary legal materials to effectively address the formulation of research problems. Based on the results and discussion, it is known that the importance of visum et repertum (VER) is established as written evidence in accordance with Article 184 of the Criminal Procedure Code. This important component plays an important role in the verdict of serious criminal offenses, including maltreatment, rape, and murder. The findings obtained from a visum et repertum conducted by a qualified expert become an invaluable resource for the presiding judge in determining the applicable charges and the appropriate sentence for the accused. Through the insight provided by a post mortem, one can know the extent of the harm suffered by the victim, both physical and psychological, so as to explain the gravity of the offense in question.

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