scholarly journals Analisis Yuridis Manajemen Kerahasiaan Visum Et Repertum Tindak Pidana Kesusilaan Di Rumah Sakit Bhayangkara Bondowoso

2019 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Achmad Jaelani Rusdi ◽  
Ancah Caesarina Novi M ◽  
Y. A. Triana Ohoiwutun
Keyword(s):  
Child Protection ◽  
Medical Records ◽  
Qualitative Method ◽  
Privacy Rights ◽  
Medical Confidentiality ◽  
Depth Interview ◽  
Research Findings ◽  
Victim Protection ◽  
The Law ◽  
The Republic

confidentiality management of Visum et Repertum (VeR) is compulsory for health service facility as the executor and guarantor for its patient medical confidentiality that, VeR is  executed merely by the authorities. Bhayangkara Hospital in Bondowoso is an institution under State Police of The Republic of Indonesia that is responsible for police medical administration including VeR. With regard to this, it is crucial that VeR confidentiality management should meet the regulation concerning victim’s privacy rights as the patient in health facility. Qualitative method was employed with empirical juridical approach obtained from observation and in depth interview with 11 informants determined by purposive sampling.  The research findings reveals that the urgent of  VeR confidentiality of the victims of decency crime adheres the Law of Witness and Victim Protection, law of child protection and Law of domestic violence. The VeR of the victim of decency crime in Bhayangkara Hospital in Bondowoso has obeyed the law in terms of victim confidentiality, management of execution, report and VeR medical records of decency crime. However,  based on Law on Hospital and Ministry of Health’s Regulation on Medical Records, it is mentioned that Medical Records Unit is also supposed to be responsible for the management, reports, and VeR recording in Bhayangkara Hospital Bondowoso.Keywords: Management, confidentiality, decency crime, hospital, VeR

scholarly journals Analisis Dimensi Hak Asasi Manusia Terhadap Putusan Hakim dalam Perkara Pencabulan Anak di Bawah Umur (Analisis Konten: Perkara No. 166/PID.B/2006/PN PDG)

Humanus ◽  
2012 ◽  
Vol 10 (1) ◽  
pp. 36
Author(s):  
Akmal . ◽  
Aldri Frinaldi
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Child Abuse ◽  
Child Protection ◽  
Qualitative Method ◽  
International Human Rights ◽  
Women And Girls ◽  
International Human ◽  
The Republic ◽  
The Government

The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals Dilema Etik dalam Merawat Pasien Terlantar yang Menjelang Ajal di IGD

2017 ◽  
Vol 3 (2) ◽  
pp. 145
Author(s):  
Maria Imaculata Ose
Keyword(s):  
Emergency Department ◽  
End Of Life ◽  
End Of Life Care ◽  
Qualitative Method ◽  
Ethical Dilemmas ◽  
Life Care ◽  
Interpretive Phenomenology ◽  
Emergency Department Nurses ◽  
Depth Interview ◽  
Research Findings

ABSTRAK Perawat IGD memiliki beban kerja yang lebih tinggi dibandingkan dengan perawat yang berkerja diruang lain. Kepadatan pasien di IGD selain mengupayakan keselamatan pasien, juga mengancam privasi pasien, dan membuat frustasi staf di  IGD. Dilema etik sering dialami oleh perawat IGD dalam merawat pasien terlantar yang berada dalam fase menjelang ajal, namun tidak memiliki identitas. Fokus perawatan yang diberikan pada fase menjelang ajal dikenal dengan istilah End Of Life Care. Ketidakhadiran keluarga untuk mendampingi pasien dan tingginya beban kerja perawat yang tidak seimbang seringkali menyebabkan perawat tidak dapat fokus memberikan pendampingan menyebabkan timbulnya dilema etik. Tujuan penelitian ini adalah untuk mengeksplorasi makna dilema etik perawat dalam merawat pasien terlantar yang menjelang ajal di IGD. Desain penelitian ini  menggunakan metode kualitatif dengan pendekatan fenomenologi interpretif, yang melibatkan 7 orang perawat IGD. Data dikumpulkan melalui indepth interview dan dianalisis secara tematik Braun dan Clark. Hasil penelitian didapatkan bahwa tiga tema yaitu: 1) Menyadari pasien terlantar menjelang ajal bukan prioritas pertama di IGD; 2) Bersikap profesional dan bertanggung Jawab; dan 3) Penerapan kebijakan yang menunjukan respect dan mendukung perawatan pasien terlantar. Kesimpulan: Kehadiran pasien terlantar menimbulkan dilema etik, perawat memaknai walaupun pasien tersebut bukanlah pasien prioritas tetapi harus bersikap professional dan bertanggung jawab. Dengan adanya dukungan dan kebijakan dalam penanganan pasien terlantar penerapan caring dapat tetap diberikan walaupun perawatan End of life care yang diberikan di IGD belum optimal.  ABSTRACT Nurses who work in the emergency department have more workload compared to nurses who come from other departments. In the emergency department, the nurses not only have to struggle for the patients’ safety but they also need to deal with the patients’ privacy which is frustrating. Therefore, the nurses are often faced with many ethical dilemmas especially when they need to take care of homeless patients whose identity are not yet verified. The focus of the treatment is known as the End Of Life Care. The absence of the patients’ family members makes it harder for the nurses to focus on giving an assistance. As a result, ethical dilemmas may arise. The objective of this study, thus, was to explore the meaning of ethical dilemmas faced by the nurses when taking care of the homeless in the emergency department of RSSA Malang. Research design: this research employed a qualitative method using the interpretive phenomenology approach which involved 7 emergency department nurses. Data was collected through in-depth interview and analyzed thematically (Braun and Clark, 2006). Research Findings were categorized into 3 themes that are: 1) Recognizing dormant patients before death is not the first priority in the emergency department; 2) Be professional and responsible; and 3) Implementation of policies that show respect and support the care of abandoned patients. Conclusion: The presence of displaced patients raises ethical dilemma, nurses interpret the patient even though the patient is not a priority but should be professional and responsible. On the other hand with the support and policy in handling these abandoned patients so that the application of caring is given although the care of End of life care provided in the emergency department has not been optimal 

scholarly journals Análise da APAC de Pouso Alegre - MG na Percepção dos Dirigentes e Recuperandos

2021 ◽  
Vol 22 (1) ◽  
pp. 41-48
Author(s):  
Claudio Roberto Fernandes
Keyword(s):  
Dental Care ◽  
Research Methodology ◽  
Qualitative Method ◽  
Scientific Research ◽  
Human Being ◽  
Conventional System ◽  
The Law ◽  
The Republic

ResumoA Associação de Proteção e Assistência aos Condenados – APAC, surge como alternativa a execução da pena no cárcere convencional, promovendo a humanização da pena e possibilitando assim o retorno digno do preso a sociedade, através da disciplina, profissão, escolaridade e religiosidade que possibilitam a transformação do preso em nova pessoa. O problema é as poucas APACs instaladas para tantos interessados, considerando que os detentos requerem ter seu cumprimento de pena em uma dessas unidades, que, infelizmente são insuficientes. Essa pretensão dos presos se justifica porque enquanto no sistema convencional eles ficam ociosos na maior parte do tempo, sem acompanhamento médico, psicológico e odontológico, na APAC o cenário é totalmente diferente. Dessarte, este trabalho objetivou analisar a APAC de Pouso Alegre – MG, pela percepção dos seus dirigentes e recuperandos, sobre as dificuldades, desafios e resultados. A metodologia de pesquisa científica escolhida foi de natureza exploratória e descritiva, abordando o método qualitativo. Concluiu-se que as APACs são juridicamente legais, respaldadas pela Constituição da República de 1988 e pela Lei de Execução Penal na busca de parâmetros legais para a ressocialização dos recuperandos, promovendo a dignidade do ser humano e a humanização da pena, reduzindo em cerca de cinco vezes a chance de reincidência pelos recuperandos da APAC, onde esses presos saem da instituição com seus estudos concluídos, profissionalizados e humanamente evoluídos, saindo para a liberdade felizes, inclusive na maioria das vezes empregados em padarias e supermercados de Pouso Alegre que tem convênio e priorizam empregar os egressos da APAC. Palavras-chave: APAC. Humanização. Pena Alternativa. Pouso Alegre. AbstractThe Association for the Protection and Assistance of Convicts - APAC, emerges as an alternative to the execution of the sentence in the conventional prison, promoting the humanization of the sentence and thus enabling the dignified return of the prisoner to society, through the discipline, profession, education and religiosity that enable the transformation of the prisoner into a new person. The problem is that there are few APACs installed for so many interested parties, considering that detainees require that they serve their sentences in one of these units, which, unfortunately, are insufficient. This claim of the prisoners is justified because while in the conventional system they are idle most of the time, without medical, psychological and dental care, in APAC the scenario is totally different. Therefore, this work aimed to analyze the APAC of Pouso Alegre - MG, by the perception of its leaders and recovering people, about the difficulties, challenges and results. The chosen scientific research methodology was exploratory and descriptive in nature, addressing the qualitative method. It was concluded that the APACs are legally legal, supported by the Constitution of the Republic of 1988 and the Law of Penal Execution in the search for legal parameters for the resocialization of the recovered, promoting the dignity of the human being and the humanization of the penalty, reducing by about five times the chance of recidivism by the APAC recoveries, where these prisoners leave the institution often with studies, professionalized, and humanly evolved, leaving for freedom happily, including most often employed in bakeries and supermarkets in Pouso Alegre, which has an agreement and prioritize employing APAC graduates. Keywords: APAC. Humanization. Alternative Penalty. Pouso Alegre.

scholarly journals Strategi Lobi dan Negosiasi Proses Legislasi Undang-undang Pemberatasan Tindak Pidana Terorisme

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Anggi Niasar
Keyword(s):  
Government Regulation ◽  
Qualitative Data ◽  
Depth Interview ◽  
Public Debates ◽  
The Law ◽  
The Republic ◽  
The Government

Lobby and negotiation in the legislation process need strategies to plan, persuade and advocate stakeholders to reach an agreement. This article aims to describe the strategies of lobby and negotiation in thelegislation process of the People’s Representative Council, particularly antiterrorism law. The antiterrorism law had been revised from the Law of the Republic of Indonesia Number 15 of 2003 concerning the change of the Government Regulation in Lieu of Law Number 1 of 2002 amending the Anti-Terrorism Act. The legislation process of antiterrorism law revision took two years and involved public debates on the pro cons issues. Qualitative data was collected by an in-depth interview from three informants. Based on thematicanalysis, three strategies of lobbying and negotiating was found; (1) compromising, (2) brainstorming, and (3) convincing. These strategies were used in the different pro cons issues in the legislation process. Moreover, the strategies succeed to drive the agreement on the antiterrorism law enactment.

scholarly journals Diffusion Innovations of the Ministry of Social Affairs of the Republic of Indonesia in Disseminating Innovation of the E-Warong Program

2019 ◽  
Vol 7 (2) ◽  
pp. 254-266
Author(s):  
Nadya Caesarany ◽  
Garry Vardy Karwur ◽  
Devia Rosalina
Keyword(s):  
Public Relations ◽  
Social Services ◽  
Qualitative Method ◽  
Secondary Data ◽  
The Public ◽  
Depth Interview ◽  
Data Analysis Procedure ◽  
Information Spreading ◽  
The Republic ◽  
Selection Of

This research aims to find out and to depict the public relations activities in spreading the information of E-Warong program, as well as to discover the obstacles in running the aforementioned public relations activities. A descriptive-qualitative method is used to depict and to describe the examined objects according to the real facts in the field by using interviewees as the source of data. The data is presented using primary and secondary data through in-depth interview, documentation of activities, references related to the research, and data from the internet. The data analysis procedure used is qualitative data with interactive model from Metthew B. Miles and Michael Huberman. The results show that the public relations activities performed by the public relations team of the Ministry of Social Services in spreading the information include the following steps: 1) planning and decision-making in spreading the information of the E-Warong Program; 2) informing and performing the information spreading of E-Warong Program; 3) evaluating the performed information-spreading activity of E-Warong Program. Less appropriate selection of the communication channel for target audiences can be an obstacle faced during the means of information spreading of the E-Warong Program. In the end, the information spreading activity performed by the Ministry of Social Services ran well enough even though there were some flaws in the execution. Keywords: Public Relations activities, Spreading the Information

scholarly journals An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage

Al-Bayyinah ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 57-75
Author(s):  
Jamaluddin T ◽  
Yusuf Djabbar
Keyword(s):  
Supreme Court ◽  
Field Research ◽  
Research Findings ◽  
The Law ◽  
The Republic ◽  
Age Of Marriage ◽  
Descriptive Qualitative

After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.

scholarly journals The Ruling of the Constitutional Court of the Republic of Indonesiaconcerning Children Age Limit and its Rights

2018 ◽  
Vol 40 (2) ◽  
pp. 61
Author(s):  
Bagus Hermanto
Keyword(s):  
Child Protection ◽  
Constitutional Court ◽  
Human Right ◽  
Constitutional Review ◽  
Study Approach ◽  
Presidential Decree ◽  
Age Limit ◽  
The Law ◽  
The Republic

Indonesian laws determines different age limit for the children. The Law of Republic of Indonesia Number 1 Year 1974 concerning Marriage holds the age limit for the children until 16 years old for the women and 19 years old for the men. Meanwhile, on the Law of Republic of Indonesia Number 23 Year 2002 concerning Child Protection, the age limitation both for women and men is 18 years old. This Child Protection Act has adopted norm as stipulated in the Convention of the Rights of Children, as ratified through Presidential Decree Number 36 Year 1990. Some violations of the human right of children in Indonesia were more or less related to the unclear limitation of the age of children. A few years ago, this situation was brought into legal concern as a constitutional review was lodged before the Constitutional Court of Republic of Indonesia. This court has finally issued a Judgment Number 30-74/PUU-XII/2014 that addressing the issue in concern. Once should be noted that not all Justices had a similar opinion on the Judgment as one Justice expressed a different opinion. The main purpose of this paper is to analyze the legal consideration contained in this Judgment. In addition, it also intends to criticize the Justice’s Dissenting Opinion that was addressed against this Judgment. This paper is set as a Normative Legal Research that uses case study approach and statutory approach. Key Words      : Constitutional Court, Indonesia, Children Rights, Age Limit.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

scholarly journals Faktor-faktor Budaya Penghambat Penderita Kanker Berobat ke Fasilitas Pengobatan Modern

2019 ◽  
Vol 21 (2) ◽  
pp. 142
Author(s):  
Sri Meiyenti ◽  
Maihasni Maihasni ◽  
Aziwarti Aziwarti
Keyword(s):  
Traditional Medicine ◽  
Cancer Patients ◽  
Qualitative Method ◽  
Cultural Knowledge ◽  
Social Environments ◽  
Traditional Treatment ◽  
Cultural Aspects ◽  
Depth Interview ◽  
Choice Of Treatment ◽  
The Republic

This article based on research that tries to trace cancer patients who do not want to go to the hospital. Often we hear cancer patients come to the hospital when the condition of the disease is already at an advanced stage. So it's too late to handle. According to data from the Ministry of Health of the Republic of Indonesia, if cancer is treated early it can prevent more than 30 percent death. This study aims to determine the problem of cancer patients' reluctance to go to the hospital in terms of socio-cultural aspects. The method used in this research is a qualitative method. Data collected by observation and in-depth interview techniques. The results showed that the reluctance of cancer patients to go to the hospital was influenced by socio-cultural aspects so it was crucial to determine the choice of treatment for cancer patients. The socio-cultural aspects are cultural knowledge about cancer, belief in traditional medicine, and the influence of relatives and other social environments such as friends and neighbors in health care choices. Relatives, neighbors, and friends recommend traditional treatment. However, with traditional medicine, there are no informants who have recovered from their illnesses. There is actually a disease that is getting worse. 

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