Pub Date : 2021-10-29DOI: 10.24905/diktum.v9i1.136
Eddhie Praptono, Erwin Adiyta Pratama
Most treatments of people with mental disorders (ODGJ) are forced or involuntary care. Human rights ensure that persons with disabilities are entitled to enjoy independence based on equality with others. Deprivation of liberty is allowed only if it is lawful and is done without arbitrary. The criminal law has set a ban on the deprivation of independence if it meets all its elements. The study examined whether the forced treatment of people with mental disorders in Indonesia when analyzed, associated with deprivation of independence, is a violation of criminal law and human rights, and how harmonization with forced care regulations. The results of this study show that the deprivation of independence in forced care in health institutions does not meet the elements of unlawful acts because there are clear rules, while in non-health institutions there are no clear rules and there may be acts of deprivation of independence that need further research. Forced Care needs to be harmonized with the current Law, namely: Law No. 32 of 2009 concerning Health; Law No. 18 of 2014 on Mental Health; and Law No. 8 of 2016 concerning Persons with Disabilities.
{"title":"Perlindungan Hukum Perawatan Paksa Orang Dengan Gangguan Jiwa","authors":"Eddhie Praptono, Erwin Adiyta Pratama","doi":"10.24905/diktum.v9i1.136","DOIUrl":"https://doi.org/10.24905/diktum.v9i1.136","url":null,"abstract":"Most treatments of people with mental disorders (ODGJ) are forced or involuntary care. Human rights ensure that persons with disabilities are entitled to enjoy independence based on equality with others. Deprivation of liberty is allowed only if it is lawful and is done without arbitrary. The criminal law has set a ban on the deprivation of independence if it meets all its elements. The study examined whether the forced treatment of people with mental disorders in Indonesia when analyzed, associated with deprivation of independence, is a violation of criminal law and human rights, and how harmonization with forced care regulations. The results of this study show that the deprivation of independence in forced care in health institutions does not meet the elements of unlawful acts because there are clear rules, while in non-health institutions there are no clear rules and there may be acts of deprivation of independence that need further research. Forced Care needs to be harmonized with the current Law, namely: Law No. 32 of 2009 concerning Health; Law No. 18 of 2014 on Mental Health; and Law No. 8 of 2016 concerning Persons with Disabilities.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116024949","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 : 2021-10-29DOI: 10.24905/diktum.v9i1.111
Evy Indriasari, Muhammad Dwi Adriansyah, Erwin Adiyta Pratama
The existence of Transgender Groups in Indonesia is still considered one-sided. This is due to the prevailing norms in the Indonesian people's lives. This research on legal standing for Transgender people in Indonesia in the Perspective of Human Rights Protection Law aims to examine whether transgender groups in Indonesia have obtained legal certainty or not. This is because the author feels that the Transgender group still feels the discrimination that occurs to this day. The research method in this research uses a research method with a qualitative approach. Then the type of data that the author uses is qualitative data. Data collection techniques in this study using the literature study. The data analysis method that the author uses is a descriptive method of analysis. The legal protection that can be enforced in protecting Transgender people is in Article 4 of the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and legal standing for Transgender groups can be seen in Article 28D of the Constitution of the Republic of Indonesia Year 1945 and Article 3 paragraph (3) of the Law of the Republic of Indonesia Number 39 of 1999.
{"title":"Kedudukan Hukum Bagi Pelaku Transgender di Indonesia Dalam Perspektif Perlindungan Hak Asasi Manusia","authors":"Evy Indriasari, Muhammad Dwi Adriansyah, Erwin Adiyta Pratama","doi":"10.24905/diktum.v9i1.111","DOIUrl":"https://doi.org/10.24905/diktum.v9i1.111","url":null,"abstract":"The existence of Transgender Groups in Indonesia is still considered one-sided. This is due to the prevailing norms in the Indonesian people's lives. This research on legal standing for Transgender people in Indonesia in the Perspective of Human Rights Protection Law aims to examine whether transgender groups in Indonesia have obtained legal certainty or not. This is because the author feels that the Transgender group still feels the discrimination that occurs to this day. The research method in this research uses a research method with a qualitative approach. Then the type of data that the author uses is qualitative data. Data collection techniques in this study using the literature study. The data analysis method that the author uses is a descriptive method of analysis. The legal protection that can be enforced in protecting Transgender people is in Article 4 of the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and legal standing for Transgender groups can be seen in Article 28D of the Constitution of the Republic of Indonesia Year 1945 and Article 3 paragraph (3) of the Law of the Republic of Indonesia Number 39 of 1999.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115548797","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 : 2021-06-22DOI: 10.24905/DIKTUM.V9I1.135
Dessy Arundina Kusuma Dewi
The purpose of the research is to know the authority of prosecutors in applying restorative justice and what are the limitations of criminal acts can be done restorative justice efforts. The research uses a type of literature research with a normative approach that is analyzed qualitatively. The results showed that the Public Prosecutor (JPU) has the right to stop the prosecution of defendants in certain cases, if the victim and the accused agree on peace as stipulated in The Attorney General of the Republic of Indonesia Regulation No. 15 of 2020 Restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by putting forward a win-win solution The limitation of a criminal offense can be done termination of prosecution with a restorative justice approach provided that the perpetrator is not a recidivist, his criminal acts are threatened with a fine or threatened with a prison sentence of not more than five years, criminal acts committed with the value of evidence or loss value of not more than 2.5 million rupiahs. The peace process is conducted by the parties voluntarily, with deliberations for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor serves as a facilitator which means that it has no interest or connection with the case, victim, or suspect, either personally or professionally, directly or indirectly.
{"title":"Kewenangan Jaksa Dalam Menghentikan Penuntutan Demi Keadilan","authors":"Dessy Arundina Kusuma Dewi","doi":"10.24905/DIKTUM.V9I1.135","DOIUrl":"https://doi.org/10.24905/DIKTUM.V9I1.135","url":null,"abstract":"The purpose of the research is to know the authority of prosecutors in applying restorative justice and what are the limitations of criminal acts can be done restorative justice efforts. The research uses a type of literature research with a normative approach that is analyzed qualitatively. The results showed that the Public Prosecutor (JPU) has the right to stop the prosecution of defendants in certain cases, if the victim and the accused agree on peace as stipulated in The Attorney General of the Republic of Indonesia Regulation No. 15 of 2020 Restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by putting forward a win-win solution The limitation of a criminal offense can be done termination of prosecution with a restorative justice approach provided that the perpetrator is not a recidivist, his criminal acts are threatened with a fine or threatened with a prison sentence of not more than five years, criminal acts committed with the value of evidence or loss value of not more than 2.5 million rupiahs. The peace process is conducted by the parties voluntarily, with deliberations for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor serves as a facilitator which means that it has no interest or connection with the case, victim, or suspect, either personally or professionally, directly or indirectly.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130197579","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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