8 research outputs found

    Compensation in Rape Cases: A Review of the Criminal Justice System in Indonesia

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    Sex related offences are universal phenomena, which take place in every society. Lately, violence in the community seemed to increase, both in quality and quantity. The aims of the research are to analyze and understand the essence of compensation for victims of crime in Indonesian law and reviewing the ideal concept of the provision of compensation for victims of rape. Type of the research is a normative research by abstracting legal materials and supported by sociolegal or empirical legal approaches related to the main issue. The location of the study was conducted in DKI Jakarta and Depok, Indonesia. Furthermore, analysis of legal material was carried out using qualitative analysis with content analysis method. The results show that the essence of compensation in rape cases for victims in national regulations is an effort made by providing a place for victims of crime to obtain justice, usefulness and legal certainty as the purpose of the law where victims of crime. Physical injury includes an increased risk of a range of sexual and reproductive health problems. Its impact on mental health can be equally serious as that of physical injury. Normatively, regulation in granting compensation claims regarding the implementation of compensation both material and formal in criminal law, so that the provision of compensation claims can be accepted by the victim. In future regulations, the effective mechanism for restitution and compensation must have "forced power" in this case if the perpetrator is unable to pay restitution to the victim within a certain period of time based on a court decision. Above all, the strong commitment and involvement of governments and civil society, along with a coordinated response across a range of sectors, are required to end sexual violence against women and children. Keywords: Compensation, Criminal Law, Rape, Criminal Justice Syste

    LEGAL PROTECTION FOR NURSES IN PROVIDING HEALTH SERVICES IN HOSPITALS

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    Legal protection of nurses in carrying out their profession to provide health services in hospitals, is a very basic thing to maximize the duties of nurses in serving clients / communities. The legal protection has been regulated in various laws and regulations, namely the Health Law, Hospital Law, Health Worker Law, Nursing Law and Minister of Health of the Republic of Indonesia Regulation Number 4 Year 2018 concerning Patient Obligations and Hospital Obligations. However, this legislation only regulates the legal protection of nurses in civil cases, where the actions of nurses are considered detrimental to the client, in criminal cases there is no clear Government policy regarding legal protection for nurses, especially for nurses who have not been proven guilty but have been put in custody because it is suspected of making a mistake or negligence in nursing practice. Keywords: health services, hospitals, legal protection, nurses. DOI: 10.7176/JLPG/83-18 Publication date:March 31st 201

    Government Responsibility for Health Right Service in field of Obstetrics and Gynecology at the Hospital

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    The quality of the hospital is very much determined by two main factors, namely the service by hospital staff and the building and infrastructure of the hospital itself. In contrast to numerous studies and case reports on the physical complications of genital mutilation, little scientific research is available on the sexual and psychological effects of the practice. The impact that can be caused when both of these factors are not met with good is the poor hospital services, both in normal circumstances and during a disaster. Likewise, if there is an incident of malpractice in a hospital of the same type, then the law enforcement officers will easily to examine by simply checking the service standards set by the government by looking the type of hospital. It recommended that the government should be responsible establish the National Service Standards in each hospital of the same type in which it should have the same standard operating procedures in its care. In this context, the Provincial Government of South Sulawesi established a legal institution that houses hospitals or patients so that not only patients have the right to complain about their disappointment with hospital services, but hospitals can complain about patients violating the rules set by the government so that the principle of justice is achieved. Keywords: Obstetrics and Gynecology; Responsibility; Health Right; Local Governmen

    The Recovery of the Assets of the Criminal Acts of Corruption as the Country\u27s Financial Rescue Efforts

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    Prosecutors in the country so that financial losses return refund losses the State has not been fullest. And existing legal institution in its implementation shows the result of maximum effort yet to refund the financial loss to the State. Therefore needs to be examined further the efforts of the Prosecutor\u27s Office has done in the optimisation of returns on the country\u27s financial losses.The Attorney law enforcement institutions in the framework of the financial rescue is expected to give a significant impact, so step harmonization of legislation is required to seek the repayment of assets results of criminal acts of corruptio

    The State's Losses at State-owned Enterprises in Persfektif Corruption

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    State-Owned Enterprises administered by the professional who works with rule and regulation. Steps in the form of profit in money terms, it is not independent of the existence of the risk in the form of the possibility of losses. In carrying out the actions of The State-Owned Enterprises have always been faced with the possibility of obtaining profits or suffer losses. Therefore, the losses that occur in professional decision making should not be casually (not necessarily should) be considered as a deliberate act which is equivalent to committing financial fraudProblem management to State-Owned Enterprises and refines that may give rise to uncertainties in law enforcement corruption, losses arising on a transaction conducted by the perpetrators of State-Owned Enterprises was acts that inflict such losses can be seen as a disadvantage the SOES can be raises the loss of State-Owned Enterprises, considering it as a business entity is seeking a profit, which in its management could be profit or loss depends on how could market mechanism

    The Implementation Right to Attain Second Opinion Patient of National Health Insurance Participant

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    This research is empirical juridical research. The research material consists of the primary and secondary data. Primary Data are gained from research subject, whilst secondary data are obtained from document study, this research is analyzed with the qualitative method and explained descriptively. The research result is attained that the law protection design is given by RSUD Haji Makassar with determining the operational procedure standard of patient right poured forth in the Director SK Number 29.02.08  About The Patient Right and Family to consult about disease matter from patient to another doctor is a law protection form preventively which the accusation service and sigh from patient poured forth the Director SK Number 155/TU/RSUD/I/2016 related to the operational procedure standard (SPO) Handling Sigh/Accusation Customer, that SPO is a repressive law protection form. Right implementation obtains the second opinion in RSUD Haji Makassar  is not well-implemented maximumly, it is caused by no BPJS Kesehatan regulation accommodating patient right to gain the second opinion

    PENGATURAN KAPAL PENGANGKUT IKAN HIDUP DI INDONESIA

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    Makalah ini bertujuan untuk menganalisis pengaturan kapal pengangkut ikan hidup berdasarkan perundang-undangan di Indonesia. Tipe penelitian ini adalah penelitian hukum normatif, dengan menggunakan pendekatan konsep (conceptual approach), dan pendekatan perundang-undangan (statute approach). Data yang digunakan adalah data sekunder yang terdiri dari bahan hukum primerdan bahan hukum sekunder. Bahan hukum yang terkumpul kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa Peraturan Menteri Kelautan dan Perikanan RI No.15/PERMEN-KP/2020 tentang Kapal Pengangkut Ikan Hidup bertujuan untuk meningkatkan efisiensi dan efektivitas pengangkutan ikan hidup, serta mewujudkan pengelolaan sumber daya ikan yang bertanggung jawab, perlu mengganti Peraturan Menteri Kelautan dan Perikanan Nomor 15/PERMEN-KP/2016 tentang Kapal Pengangkut Ikan Hidup sebagaimana telah diubah dengan Peraturan Menteri Kelautan dan Perikanan Nomor 32/PERMEN-KP/2016 tentang Perubahan atas Peraturan Menteri Kelautan dan Perikanan Nomor 15/PERMEN-KP/2016 tentang Kapal Pengangkut Ikan Hidup. Aturan ini juga mengatur agar kapal pengangkut ikan hidup harus sesuai spesifikasi dan fungsinya sebagaimana yang telah diatur yakni kapal yang memiliki palkah yang dirancang untuk mengangkut ikan hidup, memiliki sirkulasi air atau memiliki sirkulasi udara (aerator)
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