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INDONESIA
International Journal Of Synergi In Law, Criminal And Justice
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 108 Documents
Solution to the Problem of Costs of Medicines and Medical Devices (Alkes) Judging from Law no. 17 of 2023 concerning Health Burnama, Eko C.; Daulay, Najib Albana; Nasution, Mira Husna; Radhiyah, Desy; Sitinjak, Yusuf
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.1

Abstract

It is hoped that the Omnibus Law Law No. 17 of 2023 concerning Health will provide solutions to various problems in the health sector. Such as health services which are still dominated by curative approaches, availability and distribution of Health Resources (HR), readiness to face health crises, aspects of pharmaceutical independence and Medical Devices. One of the most important issues in the transformation of the health resilience system is the high cost of health services in Indonesia, one of the causes of which is the high price of pharmaceutical preparations and medical devices in Indonesia. Through this law, the government is implementing solutions to prioritize raw materials at the Domestic Component Level, providing fiscal and non-fiscal incentives, marketing certainty and incentives in research development. It's just that the ethical approach is not listed. Derivative regulations that discuss follow-up solutions to the high prices of pharmaceutical preparations and health equipment are still urgently needed.
The Role of Community Counselors in Diversion Efforts Between Child Offenders and Victims Rudi Suwardana
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.2

Abstract

Diversion is a concept in criminal law that refers to efforts to move cases of minor crimes or first-time offenders toward lighter or alternative legal proceedings than traditional criminal courts. The main aim of diversion is to prevent social stigmatization associated with the criminal justice process, provide criminals with an opportunity to improve their behavior, and reduce the burden on the criminal justice system. Criminal responsibility for children must be considered with the principles of caution and sensitivity because children generally have lower physical, emotional and cognitive maturity compared to adults. The main aim of criminal responsibility for children is to provide sanctions that are appropriate to the child's needs for rehabilitation and development, not just imposing correctional punishments. The role of community counselors (PK) in diversion efforts is very important in developing a more inclusive, rehabilitative and community-based approach to law enforcement. PK is responsible for conducting evaluations and assessments of individuals involved in legal violations. They collect information about social background, family environment, mental health, education, and other factors that may contribute to offending behavior. This evaluation helps PK understand individual needs holistically. Even though diversification efforts are an approach that is considered more holistic and inclusive, community counselors (PK) also face several obstacles that may affect the implementation of diversion, including limited resources in terms of personnel, budget, or infrastructure needed to provide comprehensive and effective services to individuals involved in the offence. Keywords: the role of community mentors in diversion efforts.
Service Quality Strategy in Increasing User Satisfaction of Beauty Clinic Services from a Legal Perspective in Indonesia Harahap, Jafan fifaldi
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.3

Abstract

Criminal responsibility for children must be taken into account with the principles of caution and sensitivity because This research aims to identify and analyze service quality strategies that can increase user satisfaction of beauty clinic services from a legal perspective in Indonesia. Beauty clinics as providers of health and beauty services have a responsibility to ensure that the services provided are not only effective and safe, but also comply with applicable regulations and legal standards. The research method used in this research is normative legal research, which involves analysis of library materials or secondary data. Even though there are regulations such as Law Number 29 of 2004 concerning Medical Practices and the Consumer Protection Law, their implementation still faces various challenges. This research underlines the importance of increasing the competency of medical and non-medical personnel through training and certification, the use of quality technology and products that meet national standards, as well as transparency of information and consumer education. In addition, improving responsive customer service and promoting ethical principles in medical practice were also identified as important factors in increasing service user satisfaction and trust. Through these strategies, beauty clinics can improve the quality of their services, ensure legal compliance, and ultimately increase consumer satisfaction and protection. This research provides concrete recommendations for beauty clinic practices in Indonesia so that they can operate to higher standards and provide greater benefits for consumers. Keywords: Strategy, Service Quality, User Satisfaction, Beauty Clinics, Legal Perspective.
Corporate Punishment T. Riza Zarzani; Ismaidar; Br. Barus, Juita Novalia
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.4

Abstract

Alexander, K. (1999). Corporate criminal liability: Theory and Evidence. Cambridge University Press. Balaram Adhikari (2022). Corporate Criminal Law Reform in Indonesia. Jakarta: Student Library. This book provides an overview of corporate criminal law reform in Indonesia, with a focus on changes and new challenges. Bell, R. E. (2017). Companies behaving badly: Perspectives on corporate misconduct. Risky Business, 152-185. Burton, B. P. (Ed.). (2014). Corporate criminal liability: Federal law and prosecutorial discretion issues. Nova Science Publishers. Doyle, C. (2021). Corporate criminal liability: An overview of federal law. In Burton, BP (Ed.), Corporate criminal liability: Federal law and prosecutorial discretion issues (pp. 1-40). Nova Science Publishers. Farrell, N. (2011). Attributing criminal liability to corporate actors: Some lessons from the international tribunals. Journal of International Criminal Justice, 8(3), 731-755. Ginting, Sakeus. 2012. Corporate Punishment Policy for Laundering Crimes Money, Udayana University. HM Putra & Ahyani (2022). Criminal Liability for Corporate Crime in Indonesia. ResearchGate. This article explores the sources of corporate criminal responsibility in Indonesia, including the Criminal Code and the Limited Liability Company Law. Ministry of Law and Human Rights (2019). Article 46 Manuscript of the Draft Criminal Code Bill September 2019. Ministry of Law and Human Rights (2019). Article 48 Manuscript of the September 2019 Criminal Code Bill. Mahareksha S. Dillon (2022). Corporate Criminal Liability Under Indonesia's New Criminal Code. Conventus Law. This article discusses criminal sanctions for corporations according to the new Criminal Code, including fines and other additional sanctions​ (Conventus Law)​. Ratno Lukito (2020). Law and Development in Indonesia: Corporate Crime and Legal Framework. Springer. This book explains the relationship between legal development and corporate crime in Indonesia. Raganatha, BS 2017. Review of Criminal Liability for Perpetrating Corporations Insider Trading in the Capital Market. Legal Reflections: Journal of Legal Studies. Sudaryanto, et al. (2022). Corporate Criminal Responsibility in Indonesia. Jakarta: Rajagrafindo Persada. This book investigates the concept and practice of corporate criminal responsibility in Indonesia, including analysis of real cases. Suhartati, et al. 2014. Textbook of the Anatomy of Corporate Crime, Surabaya: PT. Revika Petra Media. Wibowo, Rizal Arya. 2020. Corporate Punishment.
Review of Law No.17 of 2023 concerning Health Chapter VI (Health Service Facilities) Situngkir, Andreas Henfri; Mulyantika, Dea Ambar; Hasibuan, Helviana; Muliadi; Saragih, Sry Ningsih; Zarzani, T. Riza
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.5

Abstract

Law no. 17 of 2023 concerning Health is the latest health law created by the government as a form of health transformation in Indonesia. This law includes promotive, preventive, curative and rehabilitative efforts with the aim of improving the quality of health services, protecting the community, as well as regulating the authority and responsibilities of health workers. The purpose of this research/writing is to find out changes or improvements to a number of aspects of the previous health law to become the latest health law, especially in the aspect of health service facilities and how they are implemented. The research method used is a qualitative method, namely document/text study. In the previous health law, the use of information and communication technology was not implemented as an effort to provide health services to the public, in contrast to the latest health law, the government has developed it in the form of telehealth and telemedicine. And there are several other aspects that are also undergoing changes and improvements to health service facilities contained in this latest Health Law. Keywords: health transformation, promotive, preventive, curative, telemedicine
Drug Use in Medical Perspective and Islamic Law Rahmadhani; Irsyam Risdawati
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.13

Abstract

The use of Narcotics, Psychotropics and Addictive Substances (NAPZA), including marijuana, presents a dilemma in the medical and legal context, especially in Indonesia. While several countries have recognized the medical benefits of marijuana, Indonesia still classifies it as a Class I narcotic, the abuse of which is subject to heavy sanctions. This research examines the duality of marijuana use, which on the one hand has significant therapeutic potential, and on the other hand, presents risks of abuse and serious legal implications in accordance with Law no. 35 of 2009 concerning Narcotics. This research also considers the views of Islamic law regarding the use of substances that can affect psychological and physiological conditions. This research uses a normative juridical approach, analyzing existing regulations, Islamic legal texts, and academic literature to explore the medical and legal implications of using marijuana as medicine. Research results show that marijuana has therapeutic benefits that cannot be ignored, especially in treating chronic and serious diseases such as epilepsy, glaucoma and cancer. However, strict regulations and existing stigma hinder this potential utilization. Revision of Law no. 35 of 2009 to consider the medical potential of marijuana, with more flexible regulations that allow research and controlled use of marijuana for medical purposes. Further studies are needed to support these policy changes, ensuring that cannabis use can occur within a safe and responsible framework. Keywords:Medical Marijuana, Narcotics Law, Islamic Law, Narcotics Policy, Marijuana Research.
Comparative Analysis of Efforts to Prevent Sexual Violence and Legal Protection for Women in the Criminal Code and Sexual Violence Crime Law (UU NO. 12 of 2022) T. Riza Zarzani N; Tanjung, Indra Utama; Siti Annisa
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.20

Abstract

Sexual violence in Indonesia is an increasing issue, as data from the National Commission on Violence Against Women in Annual Records (CATAHU) shows. This research focuses on a comparative analysis between the Criminal Code (KUHP) and Law no. 12 of 2022 concerning Criminal Sexual Violence (UU TPKS) in the context of preventing and protecting women from sexual violence. This research is important considering the high rate of sexual violence and the lack of effective legal protection for victims, especially women. This research also examines how these two regulations contribute to women's autonomy over their bodies and sexuality.This research uses a normative legal method with a descriptive analytical approach. The focus is a comparative analysis of legal norms in the Criminal Code and the TPKS Law. The data used is secondary, including primary legal materials such as the Criminal Code and the TPKS Law, as well as secondary and tertiary legal materials including books, journals and scientific articles. The analysis was carried out descriptively qualitatively to interpret the data and draw relevant conclusions. Legislative and comparative approaches make it possible to evaluate the effectiveness and fairness of existing regulations in the context of preventing sexual violence and legal protection for women.Research Results Legal protection for women from sexual violence in Indonesia is regulated by Law (UU) Number 12 of 2022 concerning the Crime of Sexual Violence, which provides a legal framework for preventing, handling, protecting and recovering victims. This includes intergovernmental coordination and community engagement. The 1945 Constitution and the Human Rights Law also provide a legal basis for the protection of victims. The Criminal Code contains articles related to sexual violence, including rape and obscenity. The Law on the Elimination of Domestic Violence and Child Protection provides additional legal protection. The PPPA Ministerial Regulation also provides regulations for the protection of women and children. The TPKS Law, as a response to increasing sexual violence, regulates nine types of criminal acts of sexual violence with details of criminal penalties and fines. This includes non-physical and physical sexual harassment, forced contraception, forced sterilization, forced marriage, sexual torture, sexual exploitation, sexual slavery, and electronic-based sexual violence.The old Criminal Code and Law no. 1 of 2023 concerning the new Criminal Code also regulates obscene acts. Proving sexual harassment in criminal law uses five types of evidence according to the Criminal Procedure Code. Efforts to increase the implementation of the TPKS Law depend on the understanding and professionalism of law enforcement officials, as well as improving key factors in law enforcement.Keywords: Prevention of Sexual Violence, Legal Protection of Women, Criminal Code vs TPKS Law
Land Takeover by the Medan City Government: Evaluation of the Conflict Resolution Process in the Jalan Nibung Raya Hgb Case JE Melky Purba; Tanjung, Indra Utama; Poppy Oktaviona
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.21

Abstract

Expropriation of land by the government often results in conflict, especially when it impacts existing Building Use Rights (HGB) holders. In Medan City, the Jalan Nibung Raya case is a significant example of how land expropriation policies can affect local communities. This research aims to evaluate the process and results of land expropriation by PEMKO Medan, in particular its impact on HGB holders and the effectiveness of the conflict resolution mechanisms adopted. This research uses qualitative methods to collect and analyze data. Primary data was collected through in-depth interviews with affected HGB holders, government officials and land experts. Field observations and document analysis are also used to understand the policy context and community responses. This analysis makes it possible to assess the effectiveness of the land expropriation process and existing conflict resolution mechanisms. The research results show that the land takeover process by PEMKO Medan did not involve relevant stakeholders, which led to resistance and legal conflicts. Many citizens feel deprived of their rights without adequate compensation or solutions. A lack of transparency and communication between the government and citizens exacerbates the situation, increasing tensions and distrust between parties. Keywords :Land Takeover, Land Conflict, Building Use Rights, PEMKO Medan, Jalan Nibung Raya
The Role of Traditional Institutions in Resolving Bali's Customary Criminal Law Using a Restorative Justice Approach sinergilp, Zufarnesia; Muhammad Arif Sahlepi; Ismaidar
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.23

Abstract

The Balinese legal system, deeply rooted in customary law, emphasizes reconciliation and the restoration of community harmony over punitive measures. Institutions such as Desa Adat and Majelis Desa Pekraman are central to implementing these restorative principles, serving not only as mediators in disputes but also as custodians of cultural values. This study examines how these institutions operate, their effectiveness in resolving conflicts, and their contribution to maintaining social equilibrium within Balinese society. Using qualitative methodologies, including interviews with local leaders and case studies of traditional conflict resolution processes, the research highlights the success of these institutions in addressing the root causes of disputes and fostering communal cohesion. The findings underscore the importance of integrating traditional practices with modern legal frameworks to enhance justice systems worldwide. By bridging the gap between customary law and contemporary legal practices, this paper offers insights into the potential for a more harmonious coexistence between different justice paradigms, emphasizing the role of culturally sensitive legal solutions in a globalized world.
DIVERSION LEGAL RULES AS A SETTLEMENT OF CRIMINAL CASES AGAINST CHILDREN WHO COMMIT MURDER Aulia Rahman Hakim Hasibuan; Happy Krisman Laia; Aliza Ayu Novila
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.24

Abstract

Mugging is basically a criminal act of taking someone else's property against the law followed by violence or threats of violence, even in other conditions it can also be followed by other crimes such as murder and rape. This crime is currently often committed by minors, environmental factors greatly influence the occurrence of mugging, starting from motorcycle gang groups whose members are partly minors. So that violent crimes by taking other people's property on the street are often committed by children which results in the child being in conflict with the law. Diversion is a way out for resolving children who are in conflict with the law. The purpose of this study is to determine the meaning of diversion and the rules of diversion law as well. This study is included in descriptive research with a type of normative juridical research, which uses data sources from secondary data, then the analysis method is qualitative analysis. From this study, it can be concluded that diversion is an effort to divert the settlement of juvenile criminal cases from the criminal justice process to a process outside the courts. Regulations on diversion are regulated in various laws and regulations, namely, Law on the Juvenile Criminal Justice System Number 11 of 2012 Article 6 to Article 15, which explains that diversion must be attempted at every level of examination (investigation, prosecution, and examination in court), Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Under 12 (Twelve) Years of Age, this regulation regulates the procedures and implementation of diversion, as well as special handling for children under 12 years of age who commit crimes, and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System, this Regulation provides technical guidelines for the implementation of diversion by law enforcement officers, including judges, in handling juvenile cases.

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