Efficiency Of The Legal Role Of Prisoners In The Context Of Guidance At The Class IIB Tanjung Pura Detention Center
(Anggi Dian Nugraha, Yasmirah Mandasari Saragih)
DOI : 10.62951/ijsl.v1i3.117
- Volume: 1,
Issue: 3,
Sitasi : 0 29-Jun-2024
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Abstrak:
Inmate development is carried out continuously from the time the inmates enter the correctional institution. The correctional system is a process of developing inmates as creatures of God, individuals and as a society. In coaching inmates, their physical, spiritual and social conditions are developed so that they become reasonable human beings who can live normally in society. The aim of this research is to determine the efficiency of the role of law in coaching at the Class IIB Tanjung Pura Detention Center. This research is included in descriptive research with a type of empirical juridical research using qualitative analysis methods. From the research results, it is known that the implementation of prisoner development is regulated in Law Number 12 of 1995 concerning Corrections, Government Regulation Number 31 of 1999 concerning the Development and Guidance of Prisoners, Government Regulation of the Republic of Indonesia Number 28 of 2006 concerning Amendments to Government Regulation Number 32 of 2006 1999 Concerning Requirements and Procedures for Implementing the Rights of Prisoners, Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-Pk.04.10 of 1990 Concerning the Pattern of Development of Prisoners/Detainees. The implementation of prisoner coaching at the Class IIB Tanjung Pura Detention Center goes through 4 stages, namely the administration or orientation stage, the evaluation stage and determining the type of coaching, the assimilation stage and the integration stage. -existing invitations, planned and programmed work programs in the form of a Strategic Plan, several obstacles were overcome by building a collaborative network with various parties
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2024 |
The Relationship Between Criminal Policy And Social Policy
(Askamaini Askamaini, Yasmirah Mandasari Saragih, Sumarno Sumarno, Wildan Fahriza, Darma Setiawan)
DOI : 10.62951/ijsl.v1i3.115
- Volume: 1,
Issue: 3,
Sitasi : 0 27-Jun-2024
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Abstrak:
Crime or criminal acts, apart from being a humanitarian problem, are also social problems, they are even stated to be the oldest social problem . When carrying out crime prevention efforts, it must be seen in the context of overall social policy, the aim of which is to provide community protection and achieve community welfare. The aim of this research is to find out and analyze the relationship between criminal policy and social policy. This research was conducted descriptively analytically. Criminal policy is one of the fields of modern criminal law ( modern criminal sciences ) which consists of several components, namely criminology, criminal law, science and at the same time art . . Criminal policy as an effort to overcome crime has the main objective of protecting and creating community welfare. Achieving a level of social welfare and social protection is a national goal in implementing social policy .
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2024 |
Sanctions Against Criminal Acts of Gambling on Skill Games Shooting Fish in the Legal Area of the Medan District Court
(Ongku Sapna Fella Hasibuan, Yasmirah Mandasari Saragih, Sumarno Sumarno, M. Yusuf Afandi, Efraim Abigail Bukit)
DOI : 10.62951/ijsl.v1i3.112
- Volume: 1,
Issue: 3,
Sitasi : 0 25-Jun-2024
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One of the gambling cases that was decided through the Medan District Court was the fish shooting gambling case, decision number 2452/Pid.B/2021/PN Mdn.Currently, many fish shooting games are found as gambling games in the community. The consequences of shooting fish gambling bring things that are not good financially and disrupt people's mindsets. The formulation of the problem that is made is How are the Sanctions in the Crime of Gambling Fish Shooting Game in the Medan District Court?, How is the Review of Criminal Law Against the Crime of Gambling Fish Shooting Game? This research uses normative research methods in the form of primary and secondary data sources which are then analyzed using descriptive analysis techniques with a deductive mindset. The results of the research are first, the decision of the District Court number 2452/Pid.B/2021/PN Mdn regarding the crime of gambling fish shooting agility games based on Article 303 Bis paragraph (1) 1 of the Criminal Code, which is to impose a prison sentence of 1 (one) year. ) year. Followed by the testimony of witnesses, defendants, evidence and considering things that are aggravating and mitigating for the defendant when determining the sentence of criminal sanctions.
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2024 |
The Role Of The Police In Combating Terrorism Crimes
(Gilang Gemilang, Yasmirah Mandasari Saragih, Mhd. Azhali Siregar, Askamaini Askamaini)
DOI : 10.62951/ijsl.v1i3.108
- Volume: 1,
Issue: 3,
Sitasi : 0 14-Jun-2024
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The existence of the police is essential in overcoming criminal acts of terrorism, because the police are structured in such a way from the regions to the center and are also in accordance with the duties and functions of the police in creating public security and enforcing the law. The problem raised in this research is: what are the steps taken by the National Police in tackling criminal acts of financing terrorism? What are the obstacles to the National Police in dealing with criminal acts of terrorism?This research is directed towards normative, or doctrinal, juridical legal research which is also referred to as library research or document study, because it is mostly carried out on secondary data in libraries. The results of the research and discussion explain the role of the National Police in overcoming criminal acts of terrorism, namely maintaining public security and order, which is a dynamic condition of society as one of the prerequisites for implementing the national development process in order to achieve national goals which are characterized by ensuring security, order and the rule of law, as well as fostering it. peace, which contains the ability to foster and develop the potential and strength of society in warding off, preventing and overcoming all forms of law violations and other forms of disturbance that can disturb society. The National Police's efforts to tackle terrorism include repressive efforts, preventive efforts and preemptive efforts. The obstacle for the National Police in tackling terrorism is that it is hampered by the synergy of cross-sectoral cooperation, namely between the police, regional government and other related agencies.
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2024 |
The Role Of Community Mentoring In The Implementation Of Counseling For Child Clients Undergoing The Conditional Release Program In The Class I Community Center In Medan
(Lindawati Br Surbakti, Yasmirah Mandasari Saragih, Sumarno Sumarno, Muhammad Mujahidin Za, Sukardi Sukardi)
DOI : 10.62951/ijsl.v1i3.105
- Volume: 1,
Issue: 3,
Sitasi : 0 11-Jun-2024
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Children are part of the young generation who are the successors of the ideals of the nation's struggle and human resources for national development. Currently, violations of the law or criminal acts are not only committed by adults, but criminal acts committed by children are increasingly common. Every child who violates legal rules or commits a criminal act will be subject to sanctions in the form of criminal sanctions. Every child who is 14 (fourteen years old) but not yet 18 (eighteen years old) who is undergoing guidance at a Special Children's Development Institution is called a Foster Child. Every child who has undergone guidance in the LPKA has the right to obtain their rights, especially to obtain conditional release. According to Minister of Law and Human Rights Regulation Number 16 of 2023, conditional release can be granted to children who are serving a prison sentence at LPKA but who have met the requirements. The granting of Parole stages is carried out by the Correctional Center through Community Counselors. Community Counselors play an important role in implementing recommendations for the Parole program, including starting from the initial stages of proposing Parole, making Community Research (Litmas), carrying out guidance to ending guidance at the Correctional Center.
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2024 |
Juridical Analysis Of Actions And Legal Consequences For Corporations Involved In Corruption
(Yudiansyah B, Yasmirah Mandasari Saragih, Syaiful Asmi)
DOI : 10.62951/ijsl.v1i3.100
- Volume: 1,
Issue: 3,
Sitasi : 0 10-Jun-2024
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The purpose of writing this journal is to identify and analyze the ways and motives behind corrupt acts carried out by corporations, as well as understand the organizational structure and market dynamics that influence these corrupt practices. And evaluate the legal consequences that apply to corporations involved in acts of corruption and examine the effectiveness of implementing these penalties in efforts to prevent and overcome corruption among corporations. The approach method used in this research is Normative Law (normative juridical) using a statutory approach, a conceptual approach, and a comparative and empirical approach (field data). The research results show that corporations are involved in acts of corruption through various, often complex and covert means, driven by motives to increase profits, dominate markets, or avoid regulations. The mechanisms they use range from giving bribes, manipulating tenders, to money laundering practices. Corporations involved in acts of corruption can face a number of legal consequences, ranging from heavy fines, license revocation, asset confiscation, to operational restrictions. Although these penalties are intended to provide a deterrent effect, their effectiveness in preventing corporate corruption often varies. While fines may have a financial impact, without significant internal changes in corporate culture and governance, the potential for a return to corrupt behavior remains.
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2024 |
Criminal Law and Scope of Criminal Law
(Yolla Veronica Sembiring, Yasmirah Mandasari Saragih, Sumarno Sumarno, Juita Novalia Br. Barus, Welli Nirpa Pasaribu)
DOI : 10.62951/ijls.v1i3.55
- Volume: 1,
Issue: 3,
Sitasi : 0 08-May-2024
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Unitary state The Republic of Indonesia is a country with foundations on law ( Rechts Staat ). In space its scope there is a number of one of the principles that is principle legality . Scope? law criminal interests oriented? general . Criminal law is knowledge basics that everyone should know and understand student law . Based on description above? as for formulation problem in This research is What do you mean with law criminal and how room scope law criminal . As for goals study based on formulation the problem above is For know and analyze understanding law criminal and for know and analyze room scope law criminal . This research is of a nature descriptive , analytical and comparative , viz research that describes , describes and analyzes data as well compare data regarding law criminal and space its scope . In principle there are two different meanings on Criminal Law , the so -called with ius poenale and ius puniendi . Space principles scope enactment rule law the punishment is divided become four that is principle Territoriality ( territorialiteits beginningsel ), basic Nationality active , basic Protection (National Passive ), and principles universality ( universaliteits beginssel ).
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2024 |
Criminal Liability Of Medical Personnel In Law Number 17 Of 2023 Concerning Health
(Abang Anton, Beny Satria, Yasmirah Mandasari Saragih)
DOI : 10.62951/ijlcj.v1i2.50
- Volume: 1,
Issue: 2,
Sitasi : 0 01-May-2024
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Healthcare services, conflicts often arise between doctors and patients, involving allegations of medical criminal actions. Health laws are designed to provide greater certainty in the administration of healthcare services and to offer protection for both the public and healthcare resources. This research adopts a normative juridical approach, employing qualitative descriptive methodology. Medical professionals may face criminal charges for engaging in illegal abortions, performing reconstructive and aesthetic plastic surgery with the intent to alter someone's identity, refusing healthcare services in emergency situations, committing negligence, and practicing Without a License (STR) and/or Practice Permit (SIP). Medical professionals are obliged to adhere to professional standards, service standards, and operational procedure standards, while upholding the values of professional ethics and exerting their best efforts (Inspanning Verbintenis). Dispute resolution should initially take place through restorative justice mechanisms, utilizing alternative methods outside the court.
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2024 |
Implementasi Sistem Pelayanan Kesehatan Terhadap Pemenuhan Hak Kesehatan Bagi Warga Binaan Pemasyarakatan
(Andar Jimmy Pintabar, Fitri Rafianti, Yasmirah Mandasari Saragih)
DOI : 10.26623/julr.v7i1.8996
- Volume: 7,
Issue: 1,
Sitasi : 0 29-Apr-2024
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| Last.09-Jul-2025
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The objective of this study is to analyze the legal basis of the healthcare system and the implementation of healthcare systems, as well as to study the impact of overcapacity on the fulfillment of health rights of citizens of civil society in Lapas Kelas II B Sintang. Fulfillment of the right to health for every citizen is a constitutional mandate that must be fulfilled by the government without exception, including the warga binaan who are inmates in Correctional Institutions (Lapas). This is as stipulated in Law No. 22 of 2022 concerning Corrections and Government Regulation No. 99 of 2012 which regulates the basic rights of inmates that must be fulfilled, one of which is the right to receive adequate health services, which can be fulfilled by the availability of adequate health resources, complete health facilities and medications, as well as balanced nutrition with health-supporting food in prisons. This is done to fulfill the basic rights of inmates. However, the mandate of these regulations has not yet been fully optimized, one of which is in in Lapas Kelas II B Sintang. Therefore, this research, which uses a normative empirical method, examines regulations related to regulating inmate health and implementing health service regulations in Lapas Kelas II B Sintang. This study shows that health services as regulated in several regulations have not yet been well implemented in Lapas Kelas II B Sintang, as evidenced by the disproportionate number of medical staff and health facilities available due to overcrowding of inmates in in Lapas Kelas II B Sintang.Tujuan penelitian ini untuk mengkaji dasar hukum dari sistem pelayanan Kesehatan dan implementasi sistem pelayanan Kesehatan, serta mengkaji dampak over capacity terhadap pemenuhan hak kesehatan warga binaan pemasyarakatan di Lapas Kelas II B Sintang. Pemenuhan hak kesehatan bagi setiap warga negara menjadi amanat konstitusi yang wajib dipenuhi oleh pemerintah tanpa terkecuali, termasuk warga negara yang menjadi warga binaan di dalam Lembaga Pemasyarakatan (Lapas). Hal ini sebagaimana diatur dalam Undang-Undang No.22 Tahun 2022 tentang Pemasyarakatan dan Peraturan Pemerintah No.99 Tahun 2012 yang mengatur hak-hak dasar warga binaan yang wajib dipenuhi, salah satu hak pokok tersebut adalah hak untuk mendapat pelayanan kesehatan yang layak, yang dapat terpenuhi oleh sumber daya manusia yang memadai, fasilitas kesehatan dan obat-obatan yang lengkap, serta gizi yang seimbang dengan makanan yang menunjang kesehatan di dalam Lapas. Hal tersebut dilakukan guna memenuhi hak dasar warga binaan. Namun, amanat regulasi tersebut belum sepenuhnya dapat berjalan dengan optimal, salah satunya pada Lapas Kelas IIB Sintang. Untuk itu, penelitian yang menggunakan metode kualitatif deskriptif ini mengkaji peraturan terkait pengaturan kesehatan warga binaan serta implementasi peraturan pelayanan kesehatan tersebut di Lapas Kelas IIB Sintang. Hasil penelitian menunjukan bahwa pelayanan kesehatan sebagaimana yang diatur dalam beberapa regulasi tersebut masih belum terimplementasi dengan baik pada Lapas Kelas IIB Sintang, hal ini terbukti dari tidak sebandingnya tenaga kesehatan dan fasilitas kesehatan yang tersedia akibat adanya over kapasitas penghuni Lapas di Lapas Kelas IIB Sintang.
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2024 |
The Role Of Compensation In Medical Dispute Resolution : Legal And Ethical Implications
(Helmawan Trintono Subekti, Dahlan Dahlan, Tamaulina Br. Sembiring, Yasmirah Mandasari Saragih)
DOI : 10.62951/ijlcj.v1i2.45
- Volume: 1,
Issue: 2,
Sitasi : 0 26-Apr-2024
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Compensation in the resolution of medical disputes in Indonesia is crucial as it provides financial compensation for patients who have suffered losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes each year. Determining fair and proportional compensation often poses complex challenges as it involves various aspects such as the level of patient loss, healthcare service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure justice and improve healthcare practices. The aim of this study is to identify the role of compensation in the resolution of medical disputes in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative juridical and empirical approach. The results show that compensation in the resolution of medical disputes in Indonesia is important to ensure justice for patients and the responsibility of healthcare providers. The process of determining compensation involves mediation, negotiation, and formal legal processes. The Health Law and health regulations require hospitals to have dispute resolution mechanisms and provide patients with legal rights to compensation. Legal and ethical aspects such as integrity and justice are considered in determining compensation, creating a holistic dispute resolution system to maintain justice and the quality of healthcare services.
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2024 |