Pub Date : 2023-05-12DOI: 10.22219/aclj.v4i2.24812
Muhammad Ihsan Firdaus
The reform of criminal law in Indonesia has gone through a long process so it came to the enactment and promulgation of Act number 1 of 2023 concerning the Criminal Law Code which revokes the colonial heritage Criminal Law Code. However, as a newly legal product, of course, there are legal issues in it, which is related to the offence of contempt against the government which includes executive, legislative and judicial powers. Specifically for contempt against the President and Vice President, a judicial review has been submitted to the Constitutional Court and ruled unconstitutional, but it has been re-enacted in the Criminal Law Code. So, based on this premise, this research analyzes how the offence of contempt against the government is in Act number 1 of 2023 concerning the Criminal Law Code and whether the offence of contempt against the government is contrary to the principles of constitutionalism. This study uses legal research methods. So, the results of this research are first, that the offence of contempt against the government is contained in Articles 218-220 concerning attacks on honour or dignity and humiliation of the government and or state institutions which are regulated in Articles 240 and 241. Second, these offences are contrary to the principle of constitutionalism which states that power must be limited so that the recognition, respect, and protection of human rights can be properly manifested. So that the state should not regulate the offence, moreover the offence related to contempt of the President and Vice President has been adjudication unconstitutional by the Constitutional Court.
{"title":"Offense of Contempt Against Government in Law Number 1 of 2023 Concerning Criminal Law Code From Constitutionalism Perspective","authors":"Muhammad Ihsan Firdaus","doi":"10.22219/aclj.v4i2.24812","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.24812","url":null,"abstract":"The reform of criminal law in Indonesia has gone through a long process so it came to the enactment and promulgation of Act number 1 of 2023 concerning the Criminal Law Code which revokes the colonial heritage Criminal Law Code. However, as a newly legal product, of course, there are legal issues in it, which is related to the offence of contempt against the government which includes executive, legislative and judicial powers. Specifically for contempt against the President and Vice President, a judicial review has been submitted to the Constitutional Court and ruled unconstitutional, but it has been re-enacted in the Criminal Law Code. So, based on this premise, this research analyzes how the offence of contempt against the government is in Act number 1 of 2023 concerning the Criminal Law Code and whether the offence of contempt against the government is contrary to the principles of constitutionalism. This study uses legal research methods. So, the results of this research are first, that the offence of contempt against the government is contained in Articles 218-220 concerning attacks on honour or dignity and humiliation of the government and or state institutions which are regulated in Articles 240 and 241. Second, these offences are contrary to the principle of constitutionalism which states that power must be limited so that the recognition, respect, and protection of human rights can be properly manifested. So that the state should not regulate the offence, moreover the offence related to contempt of the President and Vice President has been adjudication unconstitutional by the Constitutional Court.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126871730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-08DOI: 10.22219/aclj.v4i1.23768
I. Y. Winatha, Ananta Prathama, Putu Chandra Kinandana Kayuan
Trademark functions as a distinguishing mark between goods and/or services of its kind, as well as an identification mark for goods and/or services from the producer concerned. In order to be a well-known and widely recognized mark by the world community, and also to gain a good reputation it requires a very high investment to maintain quality and perform massive promotions in many countries. Considering this, lawful protection of well-known marks is a must. This research uses a normative juridical method by examining regulations and analyzing the previous studies, as well as other relevant legal materials to determine the criteria of well-known marks and the law protection provided for well-known marks in Indonesia. The results of this study indicate that the regulation of the criteria for well-known marks in Indonesia still does not set concretely the minimum number that must be met for each criterion. Furthermore, in principle, Indonesia provides legal protection for well-known marks, both registered and unregistered in Indonesia.
{"title":"Comparative Analysis of Legal Protection and Criteria of Well-Known Marks (Indonesia, United States, India, China, and Germany)","authors":"I. Y. Winatha, Ananta Prathama, Putu Chandra Kinandana Kayuan","doi":"10.22219/aclj.v4i1.23768","DOIUrl":"https://doi.org/10.22219/aclj.v4i1.23768","url":null,"abstract":"Trademark functions as a distinguishing mark between goods and/or services of its kind, as well as an identification mark for goods and/or services from the producer concerned. In order to be a well-known and widely recognized mark by the world community, and also to gain a good reputation it requires a very high investment to maintain quality and perform massive promotions in many countries. Considering this, lawful protection of well-known marks is a must. This research uses a normative juridical method by examining regulations and analyzing the previous studies, as well as other relevant legal materials to determine the criteria of well-known marks and the law protection provided for well-known marks in Indonesia. The results of this study indicate that the regulation of the criteria for well-known marks in Indonesia still does not set concretely the minimum number that must be met for each criterion. Furthermore, in principle, Indonesia provides legal protection for well-known marks, both registered and unregistered in Indonesia.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115554092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.22219/aclj.v4i1.24855
T. Negara
The legal research method is one of the academic fields that continues to generate debate among law students and law colleges in Indonesia. This debate is important because the research method is a means for a legal scholar to obtain the truth. This article maps the debate on normative and socio-legal research, emphasizing the former type of research. This article explores the origins and debates of normative legal research methods in Indonesian legal education and some of the mainstream approaches commonly used in normative legal studies. This condition does not aim to develop a claim on the validity of normative legal research methods as the only research method but rather to position normative legal research proportionally in the legal scholarship in Indonesia.
{"title":"Normative Legal Research in Indonesia: Its Originis and Approaches","authors":"T. Negara","doi":"10.22219/aclj.v4i1.24855","DOIUrl":"https://doi.org/10.22219/aclj.v4i1.24855","url":null,"abstract":"The legal research method is one of the academic fields that continues to generate debate among law students and law colleges in Indonesia. This debate is important because the research method is a means for a legal scholar to obtain the truth. This article maps the debate on normative and socio-legal research, emphasizing the former type of research. This article explores the origins and debates of normative legal research methods in Indonesian legal education and some of the mainstream approaches commonly used in normative legal studies. This condition does not aim to develop a claim on the validity of normative legal research methods as the only research method but rather to position normative legal research proportionally in the legal scholarship in Indonesia.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"362 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124556971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.22219/aclj.v4i1.24033
Arsyi Manggali Arya Putra, Mohammad Isrok, N. Hidayah
In the Industrial Era 4.0, all electronic work systems can support the concept of remote working. The relationship between workers and companies arises from a work agreement. The fact is that work agreements are inseparable from conflicts, especially in Particular Time Employment Agreements. Remote working workers in a Particular Time Employment Agreement are carried out online, which must comply with the applicable laws and regulations. This study uses a normative legal method by analyzing and comparing the norms of the Indonesian state legislation (statute approach) descriptively, namely the updated Labor Law, the Job Creation Law, and the ITE Law. And take a conceptual approach, namely remote working (conceptual approach). Furthermore, the researcher describes the formulation of the problem, namely the Remote Working Concept with a Particular Time Employment Agreement system. The Remote Working Concept of Worker Protection is reviewed in the Job Creation Law. In principle, the mechanism for implementing the remote working concept is subject to the provisions of the Labor Law and the Job Creation Law. In addition, there is a need for a new clause regarding the concept of remote working to protect remote working concept workers fairly.
{"title":"Legal Protection of Remote Working Workers in Particular Time Employment Agreements","authors":"Arsyi Manggali Arya Putra, Mohammad Isrok, N. Hidayah","doi":"10.22219/aclj.v4i1.24033","DOIUrl":"https://doi.org/10.22219/aclj.v4i1.24033","url":null,"abstract":"In the Industrial Era 4.0, all electronic work systems can support the concept of remote working. The relationship between workers and companies arises from a work agreement. The fact is that work agreements are inseparable from conflicts, especially in Particular Time Employment Agreements. Remote working workers in a Particular Time Employment Agreement are carried out online, which must comply with the applicable laws and regulations. This study uses a normative legal method by analyzing and comparing the norms of the Indonesian state legislation (statute approach) descriptively, namely the updated Labor Law, the Job Creation Law, and the ITE Law. And take a conceptual approach, namely remote working (conceptual approach). Furthermore, the researcher describes the formulation of the problem, namely the Remote Working Concept with a Particular Time Employment Agreement system. The Remote Working Concept of Worker Protection is reviewed in the Job Creation Law. In principle, the mechanism for implementing the remote working concept is subject to the provisions of the Labor Law and the Job Creation Law. In addition, there is a need for a new clause regarding the concept of remote working to protect remote working concept workers fairly.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123038297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury land auction held by the government of Kebonharjo Village, Polanharjo District, Klaten Regency, was the lack of interest from the community who took part in and attended the auction being held. This is because most people already have privately cultivated land and not all work as farmers. So that not all residents want to participate and attend the auction held.
{"title":"Implementation of Land Auction for Kebonharjo Village: A Comparative Perspective","authors":"Teddy Satrio Wicaksono, Marisa Kurnianingsih, Arief Budiono","doi":"10.22219/aclj.v4i1.23902","DOIUrl":"https://doi.org/10.22219/aclj.v4i1.23902","url":null,"abstract":"The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury land auction held by the government of Kebonharjo Village, Polanharjo District, Klaten Regency, was the lack of interest from the community who took part in and attended the auction being held. This is because most people already have privately cultivated land and not all work as farmers. So that not all residents want to participate and attend the auction held.\u0000 ","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134431973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.22219/aclj.v4i1.23819
Martri Sonny, I. N. Nurjaya, L. Endrawati, Fachrizal Afandi
This study aims to see the harmony of diversity in Salatiga City using the concept of transformational justice. Transformational justice is a proposed type of justice model from F. Budi Hardiman, based on Derrida's theory of deconstructivism and Juergen Habermas's discourse theory. This is socio-legal research, studying law empirically by elaborating law with data in the form of observations, interviews, and documentation. The results of the study present what things make Salatiga City a Tolerant City. With the various results presented, the researcher then discussed them with Hardiman's perspective regarding the concept of transformational justice. The results of the study show that the transformative features of various elements in the society of Salatiga City in terms of pre-political social existence are not eliminated in public dialogue.
{"title":"Multiethnic Society in the Concept of Transformational Justice: Case Study of Salatiga City","authors":"Martri Sonny, I. N. Nurjaya, L. Endrawati, Fachrizal Afandi","doi":"10.22219/aclj.v4i1.23819","DOIUrl":"https://doi.org/10.22219/aclj.v4i1.23819","url":null,"abstract":"This study aims to see the harmony of diversity in Salatiga City using the concept of transformational justice. Transformational justice is a proposed type of justice model from F. Budi Hardiman, based on Derrida's theory of deconstructivism and Juergen Habermas's discourse theory. This is socio-legal research, studying law empirically by elaborating law with data in the form of observations, interviews, and documentation. The results of the study present what things make Salatiga City a Tolerant City. With the various results presented, the researcher then discussed them with Hardiman's perspective regarding the concept of transformational justice. The results of the study show that the transformative features of various elements in the society of Salatiga City in terms of pre-political social existence are not eliminated in public dialogue.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125393074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.22219/aclj.v3i3.23237
Sofyan Wimbo Agung Pradnyawan, Arief Budiono, Jan Alizea Sybelle
From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state
{"title":"Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan","authors":"Sofyan Wimbo Agung Pradnyawan, Arief Budiono, Jan Alizea Sybelle","doi":"10.22219/aclj.v3i3.23237","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.23237","url":null,"abstract":"From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126539968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).
{"title":"Protection and compliance of Human Rights of Residents Affected by the Semeru Eruption","authors":"A. Hariri, Samsul Arifin Ari, Satria Unggul Wicaksana Prakasa, Asis Asis","doi":"10.22219/aclj.v3i3.23209","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.23209","url":null,"abstract":"The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129621593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-05DOI: 10.22219/aclj.v3i3.21681
Eko Saktiono, Arifah Uswatun Kossah, S. Sunaryo
In an act against legal norms, especially criminal law, children must be treated differently from adults. This is because children are a group of naturally weak people children who commit crimes should be lighter than those adults through what is known as restorative justice and Diversion (Indonesian law says it “Diversi”). However, then, Article 7 paragraph (2) of the Juvenile Criminal Justice System Law (Indonesian: UU SPPA), basically states that Diversi is only carried out if the criminal penalty for the act is less than 7 (seven) years and is not a repetition of a crime. Utilitarianism or Utilism puts benefit as the main goal of Benefit here is defined as happiness. So, good or bad or fair or not a law depends on whether the law gives happiness to humans or not. Through a normative juridical study that emphasizes the review of laws and literature studies, the authors find that a utilitarian review of Diversi to recidivist children is very likely to produce broad benefits for many people and has the potential to close the possibility of recidivist children committing criminal acts again. This is because, in Diversi, the benefits of overcoming the consequences of children's actions can be felt by the perpetrator's child, the victim, and their respective families through mutual agreement. In line with that, the principles of implementing the SPPA Law confirm that children must be addressed especially for the protection of their growth and development and to eliminate discrimination that differentiates the process between one child and another. It is hoped that with this literature review, legal products regarding juvenile justice can participate in guaranteeing the rights of recidivism children in Diversi as a method of overcoming crime by children.
{"title":"Diversion Of Recidivist Children According To Utilitarianism Aspects","authors":"Eko Saktiono, Arifah Uswatun Kossah, S. Sunaryo","doi":"10.22219/aclj.v3i3.21681","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.21681","url":null,"abstract":"In an act against legal norms, especially criminal law, children must be treated differently from adults. This is because children are a group of naturally weak people children who commit crimes should be lighter than those adults through what is known as restorative justice and Diversion (Indonesian law says it “Diversi”). However, then, Article 7 paragraph (2) of the Juvenile Criminal Justice System Law (Indonesian: UU SPPA), basically states that Diversi is only carried out if the criminal penalty for the act is less than 7 (seven) years and is not a repetition of a crime. Utilitarianism or Utilism puts benefit as the main goal of Benefit here is defined as happiness. So, good or bad or fair or not a law depends on whether the law gives happiness to humans or not. Through a normative juridical study that emphasizes the review of laws and literature studies, the authors find that a utilitarian review of Diversi to recidivist children is very likely to produce broad benefits for many people and has the potential to close the possibility of recidivist children committing criminal acts again. This is because, in Diversi, the benefits of overcoming the consequences of children's actions can be felt by the perpetrator's child, the victim, and their respective families through mutual agreement. In line with that, the principles of implementing the SPPA Law confirm that children must be addressed especially for the protection of their growth and development and to eliminate discrimination that differentiates the process between one child and another. It is hoped that with this literature review, legal products regarding juvenile justice can participate in guaranteeing the rights of recidivism children in Diversi as a method of overcoming crime by children.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117294877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-04DOI: 10.22219/aclj.v3i3.22195
Arsyzilma Hakiim, F. Wiryani
The relationship between doctor-patient rights and obligations, especially in hospitals, cannot be separated from conflicts or disagreements. These conflicts usually occur in special conditions that cause dilemmas in decision-making by doctors. Disclosure of the truth of the diagnosis in terminal patients or those suffering from end-stage disease is an ethical and legal issue that often occurs in health services. Problems occur, where on the one hand if the doctor tells the truth (reveals the truth) regarding the diagnosis/disease and on the other hand the doctor is worried that revealing the truth will have an impact that can worsen the patient's condition such as making the patient more depressed so that the patient can refuse further treatment. . But on the other hand, patients have the right to know information related to their illness. This research was conducted with a normative review approach. The results of this study found that disclosure of the truth about the end-stage disease can cause disturbances in psychological aspects and can potentially affect the patient's quality of life. The legal approach in disclosing the truth of end-stage disease through Law Number 36 of 2009 concerning health, Law Number 44 of 2009 concerning hospitals, and Law Number 29 of 2004 concerning medical practice is not fully the basis for the implementation of doctors in conveying the truth. Therefore, the bioethical aspect approach in this case through the principles of non-maleficence and respect for autonomy, truth disclosure can be done ethically and can minimize the negative impact of truth disclosure.
{"title":"Disclosure Of Final Stadium Patients' Diagnosis Review From Law And Bioethics In Indonesia","authors":"Arsyzilma Hakiim, F. Wiryani","doi":"10.22219/aclj.v3i3.22195","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.22195","url":null,"abstract":"The relationship between doctor-patient rights and obligations, especially in hospitals, cannot be separated from conflicts or disagreements. These conflicts usually occur in special conditions that cause dilemmas in decision-making by doctors. Disclosure of the truth of the diagnosis in terminal patients or those suffering from end-stage disease is an ethical and legal issue that often occurs in health services. Problems occur, where on the one hand if the doctor tells the truth (reveals the truth) regarding the diagnosis/disease and on the other hand the doctor is worried that revealing the truth will have an impact that can worsen the patient's condition such as making the patient more depressed so that the patient can refuse further treatment. . But on the other hand, patients have the right to know information related to their illness. This research was conducted with a normative review approach. The results of this study found that disclosure of the truth about the end-stage disease can cause disturbances in psychological aspects and can potentially affect the patient's quality of life. The legal approach in disclosing the truth of end-stage disease through Law Number 36 of 2009 concerning health, Law Number 44 of 2009 concerning hospitals, and Law Number 29 of 2004 concerning medical practice is not fully the basis for the implementation of doctors in conveying the truth. Therefore, the bioethical aspect approach in this case through the principles of non-maleficence and respect for autonomy, truth disclosure can be done ethically and can minimize the negative impact of truth disclosure.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127302683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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