scholarly journals Sanksi Pidana terhadap Tenaga Medis yang Melakukan Pemalsuan Surat Keterangan Rapid Test Covid 19

2021 ◽  
Vol 2 (1) ◽  
pp. 53-58
Author(s):  
I Kadek Suar Putra Dana ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Criminal Law ◽  
Code Of Ethics ◽  
Rapid Test ◽  
Medical Personnel ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
The World ◽  
The Individual ◽  
Administrative Sanctions ◽  
Research Type

Current world conditions  the outbreak of the Covid 19 virus that attacks humans around the world so that the Indonesian government takes a serious policy to tackle the spread of this virus by limiting areas this policy has resulted in crimes One of them is the crime of falsification of the covid test certificate 19   The formulation of the problem that can be raised is how to regulate the forgery of medical certificates in Indonesian criminal law? and what are the criminal sanctions for falsification of the Covid 19 rapid test certificate by medical personnel? This thesis research uses normative research type   Letter forgery is regulated in KUHP articles 263 to article 267  besides that it is also regulated in article 7 of the medical code of ethics  Sanctions for falsification of the COVID-19 rapid test certificate are subject to criminal sanctions and sanctions on medical code of ethics   administrative sanctions  If the doctor is proven to have committed forgery himself  then the liability will be punished for a maximum of 4 (years) and administrative sanctions if it is carried out by the hospital the corporation will be subject to criminal three times the fine set against the individual.

scholarly journals Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19

2021 ◽  
Vol 2 (3) ◽  
pp. 525-529
Author(s):  
I Kadek Candra Karunia Bagiarta Putra Sugiantara ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Code Of Ethics ◽  
Rapid Test ◽  
Criminal Code ◽  
Legal Research ◽  
Indonesian Government ◽  
Management Fees ◽  
Statutory Law ◽  
Legal Sanctions ◽  
Materials Used ◽  
Administrative Sanctions

The outbreak of the Covid-19 virus has caused the Indonesian government to take a serious policy in tackling the spread of this virus by imposing regional restrictions. This policy has led to the falsification of the COVID-19 rapid test certificate and the collection of rapid management fees at inflated prices. The purpose of this study is to uncover the criminal act of counterfeiting a rapid test letter and the legal sanctions for counterfeiting a rapid test letter. This research is a type of normative legal research with statutory law and factual law. Sources of legal materials used in the form of primary and secondary legal materials. The technique of collecting legal materials in this research is recording and recording which is then analyzed deductively and inductively logic. The results of the study reveal that letter falsification is regulated in Articles 263 to 267 of the Criminal Code, besides that it is also regulated in Article 7 of the medical code of ethics. If the doctor is proven to have committed the falsification himself, then the liability is punishable by a maximum of 4 years and administrative sanctions.

Religionsfreiheit und Rechtsgüterschutz. Strafrechtliche Aspekte von Sekten

1998 ◽  
Vol 42 (1) ◽  
pp. 95-109
Author(s):  
Wilfried Bottke
Keyword(s):  
Civil Society ◽  
Criminal Law ◽  
Constitutional Law ◽  
Recent Past ◽  
Present Discussion ◽  
Criminal Sanctions ◽  
The Law ◽  
Religious Sects ◽  
The Individual

AbstractReligious sects and their practices have become highly topical in the recent past in Germany. The call for criminal sanctions in order to tackle actual or presumed misconduct is becoming louder and louder. The author, a criminal law professor, analyses the present discussion and puts it into a constitutional law perspective. Any civil society that aims to optimise the scope of the personal freedoms of its members must withstand the temptation of creating a special regime of criminal law rules just to combat religious sects and their practices. Criminal law has tobe applied uniformly in the whole society. Therfore, criminal sanctions can only be handed out, when practices infringe intolerably with the individual' s rights protected by the law.

Monopoli dalam Perspektif Jarīmah Ta‘zīr (Studi Putusan di Komisi Pengawas Persaingan Usaha)

2018 ◽  
Vol 12 (2) ◽  
pp. 297-312
Author(s):  
Moh. Makmun
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Field Research ◽  
Comparative Approach ◽  
Criminal Offense ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Administrative Sanctions

This study is motivated by many cases of monopoly that cause consumer losses, and the absence of clear rules related to monopoly in the perspective of Islamic criminal law. The type of this research is field research using a comparative approach and the maqāṣid al-syarī‘ah approach (the purpose of Islamic law). The results of the study concluded that first, monopoly is contrary to Law No. 5 of 1999. Second, monopoly is contrary to the purpose of Islamic Shari'ah in the form of safeguarding property. Third, the monopoly in Islamic criminal law is a form of criminal offense because it violates the provisions of Islamic law, due to elements of fraud, engineering requests (offers), hoarding, cooperating in criminal acts, and inhibiting other business actors. In addition to the sanctions of monopoly actors according to Law No. 5 of 1999 in the perspective of Islamic criminal law are as follows: (1) administrative sanctions are in accordance with muamalah fiqh rules and basic legal rules; (2) the main criminal sanctions are in accordance with Islamic sharia provisions, but the sanctions need to be added by paying CSR as a return on profits; (3) additional criminal sanctions are also in accordance with the provisions of Islamic law; and (4) prisons are additional sanctions, not sanctions of choice.

Beyond Criminal Law

2017 ◽  
Author(s):  
Mark Pieth
Keyword(s):  
World Bank ◽  
Criminal Law ◽  
Preventive Measures ◽  
Multilateral Development Banks ◽  
The World Bank ◽  
The World ◽  
The Face ◽  
Development Banks ◽  
Administrative Sanctions ◽  
Regulatory Sanctions

This chapter discusses administrative sanctions and preventive measures that go beyond criminal law to fight corruption such as states and Multilateral Development Banks (MDBs). They have developed a set of regulatory sanctions more directly aiming at the prevention of abuses by companies and individuals and protecting the interests of their respective institutions. Domestic procurement rules as well as the regulations developed by MDBs foresee cancellation of loans in the face of concrete misbehavior. Domestic agencies would also be able to stay subsidies or export insurance. Furthermore, domestic agencies and MDBs have introduced detailed sanctions procedures allowing debarment of corporations and individuals from future participation in procurement or from eligibility for export insurance. The debarment procedures established by MDBs may be regarded as a worldwide example of such administrative sanctioning, and one of the largest is the World Bank.

scholarly journals Law Enforcement against the Implementation of the Provisions Payment of Workers’ Wages is Reviewed from Aspects of Employment Criminal Law

2021 ◽  
Vol 8 (9) ◽  
pp. 57-71
Author(s):  
Siti Nurhayati ◽  
Sumarno .
Keyword(s):  
Law Enforcement ◽  
Minimum Wage ◽  
Criminal Law ◽  
Prison Sentence ◽  
Employment Relationships ◽  
Criminal Sanctions ◽  
Wage Payment ◽  
Criminal Matters ◽  
The Cost ◽  
Research Type

Wage problems are the most commonly disputed issues between workers and employers, which can result in disharmony in employment relationships. For the workers / workers see wages as a source of income to meet the needs of life and family, while on the part of employers see wages as one of the burdens that must be borne because it is part of the cost of production. Employers who pay wages lower than the minimum wage are part of the criminal law of the employment field. The position of employment law in the field of criminal law needs to be applied so that criminal matters related to employment can be enforced on this civilized and civilized earth. Doctrinal research type, normative juridical. The results obtained from this study that wage payments below the District Sector Minimum Wage (UMSK) are not only sanctioned by the company but also subject to criminal sanctions in accordance with Article 88E paragraph (2) juncto Article 185 of Law No. 11 of 2020 on Copyright Work. The reason for wage payment under UMSK is due to the situation and condition of the company that is not financially able to make a joint agreement between workers / workers and the company can’t be legally allowed The Company has not filed a suspension of wage payments under UMSK to the Department of Manpower and Transmigration, so the Company's actions are contrary to the legislation and null and void and the Court can impose a prison sentence of 2 (two) years in prison and a fine of Rp. 200,000,000.00 (two hundred million rupiah). Keywords: Law Enforcement, Wage Payment, Criminal Employment.

scholarly journals Criminal Law Protection of Human Life and Prevention of Murder in Uzbekistan (On the Example of Women)

2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Human Life ◽  
Practical Importance ◽  
Special Role ◽  
Law Enforcement Agencies ◽  
The World ◽  
The Individual ◽  
The Uk ◽  
Criminal Legislation

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.

The General Structure of the Criminal Law in Terms of Ascriptive Moral Principles

2020 ◽  
pp. 19-54
Author(s):  
Michael S. Moore
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
General Structure ◽  
Moral Code ◽  
General Aspect ◽  
Moral Principles ◽  
Criminal Sanctions ◽  
The World ◽  
General Part ◽  
Act One

The criminal law is seen as having a “general part,” a part that contains the doctrines that determine liability to criminal sanctions for all crimes. These are depicted as the basic conditions for criminal liability no matter what the crime charged. The general legal doctrines are shown to be reflections of a similarly general part of deontic morality, the morality of our obligations to act one way rather than another. This general aspect of deontic morality is often called “ascriptive morality,” so labeled because it describes the conditions of fair fault ascription no matter what the immorality involved. Ascriptive morality is a part of every society’s moral code, and it forms a universal backbone for the criminal codes all over the world. Such ascriptive morality determines when someone is responsible in terms of their acts, the consequences those acts cause, their intentions and beliefs, and their reasons for acting.

scholarly journals The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

2021 ◽  
Vol 23 (3) ◽  
pp. 359-378
Author(s):  
Joko Sri Widodo ◽  
Kristiawanto Kristiawanto ◽  
Tofik Yanuar Chandra
Keyword(s):  
Criminal Law ◽  
Mutual Support ◽  
Criminal Cases ◽  
Indonesian Government ◽  
Criminal Sanctions ◽  
Public Areas ◽  
Pros And Cons ◽  
The Government ◽  
Corruption Prevention ◽  
Assimilation Policy

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
International Agreement ◽  
Conceptual Approach ◽  
Turtle Species ◽  
Criminal Sanctions ◽  
The World ◽  
Administrative Sanctions ◽  
Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

scholarly journals Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis

2020 ◽  
Vol 1 (1) ◽  
pp. 7-12
Author(s):  
Julius Roland Lajar ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Health Workers ◽  
Health And Safety ◽  
Code Of Conduct ◽  
Medical Personnel ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Standard Operating ◽  
Administrative Sanctions ◽  
Health Laws ◽  
Laws And Regulations

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.

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