scholarly journals Legal Liability Towards The Abuse Of Doctor's Authority In Performing Visum Et Repertum

2021 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Fauzul Romansah
Keyword(s):  
Legal Responsibility ◽  
Ethical Aspects ◽  
Abuse Of Power ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Medical Discipline ◽  
The Law ◽  
Court Proceedings ◽  
Administrative Sanctions

Visum et Repertum (VeR) is in the form of a written statement made by doctors who have to take an oath of office, based on things seen and discovered upon examination of the dead or wounded allegedly caused by a criminal act. KUHAP does not mention the term visum et repertum, but KUHAP is one of the legal bases in making VeR. VeR is not only needed in criminal case examination but also civil cases in some instances. The exact cause of a person's death can be related to events in criminal law as well as civil law as in the claim insurance or determination of heirs related to the distribution of inheritance rights. Given the urgency of VeR as one of the evidence used before court proceedings, in making VeR, there is a potential for abuse of power by doctors by making VeR not based on actual examination results. Such abuse of authority by doctors has violated the moral and ethical aspects which override the values of truth and justice. Therefore, the problems in this article focus on what is the authority of doctors in administering Visum et Repertum and what is the legal responsibility for the abuse of doctor's authority in making Visum et Repertum. The results of the discussion indicated that: doctors have the authority to, among others: accept victims sent by investigators; request a letter requesting a statement of VeR; a specialist can only carry out medical examination of the victim; signing of the VeR statement following the applicable laws and regulations, and delivery of completed evidence may only be submitted to the investigator accompanied by an official report. Making VeR unlawfully is not clearly explained in the Criminal Procedure Code. However, the use of VeR against the law occurs when VeR becomes an instrument of action against the law as formulated in the norms of every criminal act. Therefore, it is a form of legal responsibility for doctors who abuse their authority regarding VeR can be pursued through 4 (four) types of sanctions, including administrative sanctions, civil sanctions, criminal sanctions, and medical discipline sanctions. 

scholarly journals Manipulation of Transaction Value to Reduce Fees for Acquisition of Land and Building Rights

2021 ◽  
Vol 23 (1) ◽  
pp. 157-176
Author(s):  
Suhaimi Suhaimi
Keyword(s):  
Legal Responsibility ◽  
Financial Resources ◽  
Legal Research ◽  
Regional Finance ◽  
Criminal Sanctions ◽  
The Law ◽  
One Year ◽  
Administrative Sanctions ◽  
Transaction Value

The purpose of this study is to analyze the responsibility of taxpayers who manipulate transaction values in order to reduce Fees for Acquisition of Land and Building Rights (BPHTB). This research is inspired by the results of previous research that many BPHTB taxpayers manipulate transaction values to reduce BPHTB, but they are missed from legal responsibility, so that their actions seem normal in society and are not perceived as despicable and violating of the law. This research is a normative legal research using a statutory approach, so that it can be seen how the responsibility of taxpayers who are not honest in paying BPHTB. The results showed that in statutory regulations cannot be found administrative sanctions imposed on taxpayers who manipulated transaction values to reduce BPHTB. In fact taxpayer's actions are really detrimental regional finance, because their taxes are paid to the Regional Treasury as the original financial resources. Sanctions contained in statutory regulations are only criminal sanctions, as regulated in Article 174 of Law Number 28 of 2009 with the threat of imprisonment for a maximum of one year if due to negligence and a maximum of two years if done intentionally.

scholarly journals DUALISME ABORTUS PROVOCATUS DALAM PERSPEKTIF REGULASI (PERUNDANG-UNDANGAN) DI INDONESIA

2021 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Ahmad Syakirin
Keyword(s):  
Child Protection ◽  
Free Association ◽  
Medical Emergency ◽  
Legal Regulations ◽  
Pregnant Mother ◽  
Criminal Sanctions ◽  
Unwanted Pregnancies ◽  
The Law ◽  
Negative Impacts

The development of the pattern of people's lives that are increasingly rapidly giving various positive or negative impacts from various perspectives. Free association without being based on the order of science and morals will cause damage to the order of life without looking at the prevailing norms. Free relationship or free sex is becoming an increasingly free lifestyle among teenagers or the community, of course this has an impact on the occurrence of unwanted pregnancies which in the end takes an action to have an abortion or abort the fetus in the womb. Abortion is an act that is prohibited in various laws in Indonesia and threatens with strict sanctions from the act of aborting the fetus. There are two legal regulations that both prohibit abortion, the first is in Law No. 36 of 2009 concerning Health and the second is contained in Law No. 35 of 2014 concerning Child Protection. Even though these two laws do not have the same name, they have a purpose and carry the same mission and threat of criminal sanctions as seen in the articles of the two laws that regulate. Two different views (dualism) contained in the law provide guidance later in applying criminal acts to abortionists. There are several things that are allowed in this abortion ban, namely an indication of a medical emergency if it is dangerous for the pregnant mother and the second is a victim of rape. The determination of the prohibition of abortion as under the legal umbrella of the two regulations provides evidence that the existence of this life is guaranteed and protected by the state.Perkembangan pola kehidupan masyarakat yang semakin cepat memberikan berbagai dampak positif ataupun negatif dari berbagai sudut pandang. Pergaulan bebas tanpa dilandasi dengan tatanan ilmu dan moral akan menjadi menjadikan rusaknya tatanan kehidupan tanpa melihat lagi norma-norma yang berlaku. Hubungan bebas atau free sex menjadi gaya hidup yang semakin bebas dikalangan remaja ataupun masyarakat, tentu hal ini memberikan imbas akibat terjadinya kehamilan yang tidak dikehendaki dimana pada akhirnya mengambil sebuah tindakan untuk melakukan aborsi atau mengugurkan janin yang ada dalam kandungan. Aborsi merupakan perbuatan dilarang dalam berbagai perundang-undangan yang ada di Indonesia serta mengancam dengan sanksi yang tegas dari tindakan pengguguran janin tersebut. Ada dua regulasi undang-undang yang keduanya sama-sama melarang tindakan aborsi ini, pertama terdapat pada Undang-Undang No 36 Tahun 2009 Tentang Kesehatan dan yang kedua terdapat pada Undang-Undag No 35 Tahun 2014 Tetang Perlindungan Anak. Sekalipun kedua undang-undang ini tidak memiliki nama yang sama akan tetapi mempunyai tujuan dan membawa misi serta ancaman penjatuhan sanksi pidana yang sama seperti terlihat dalam pasal-pasal kedua undang-undang tersebut mengatur. Dua pandangan (dualisme) berbeda yang terdpat dalam undang-undang memberikan petunjuk nantinya dalam menerapkan perbuatan tindak pidana pada pelaku aborsi. Ada beberapa hal yang diperbolehkan dalam larangan aborsi ini yakni indikasi kedaruratan medis apabila membahayakan bagi ibu yang mengandung dan kedua merupakan korban pemerkosaan. Penentuan larangan aborsi sebagaimana di payung hukumi kedua regulasi tersebut memberikan bukti bahwa adanya kehidupan ini dijamin serta di lindungi oleh negara.

scholarly journals KONSTRUKSI SANKSI ADMINISTRATIF PERATURAN DAERAH PROVINSI BALI NOMOR 2 TAHUN 2012

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Putra Arik Persona
Keyword(s):  
Local Regulation ◽  
Criminal Sanctions ◽  
The Law ◽  
The Republic ◽  
Administrative Sanctions

The study describes the overlap of arrangements of administrative sanctions in the Law No. 12 of 2011 with the construction of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012. The arrangements of administrative sanctions according to Law No. 12 of 2011 are stipulated in appendix II number 64 which stipulates that the substance in the form of administrative sanctions or civil sanctions for the violation of these norms are formulated into one part (chapter) with the norms that impose administrative sanctions or civil sanctions, and in appendix II number 65 which regulates if there is more than one norm that provides administrative or civil sanctions, administrative sanctions or civil sanctions are formulated in the last chapter of the section. Thus, it does not formulate the provision of sanctions that also contains criminal sanctions, civil penalties and administrative sanctions in one chapter. The arrangements of administrative sanctions in the Local Regulation of Bali Province No. 2 of 2012 are stipulated in Chapter XIV of Article 33 paragraph (1), (2), and (3), thus it is contrary to the provisions of Appendix II of Law of the Republic of Indonesia Number 12 of 2011 numbers 64 and 65.

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

2019 ◽  
Vol 2 (2) ◽  
pp. 414
Author(s):  
Jhon Pridol ◽  
Firman Wijaya
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Legal Certainty ◽  
Travel Agent ◽  
Procedure Code ◽  
The Law ◽  
Court Proceedings ◽  
The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

scholarly journals Alternative sanctions and new legislation in the Republic of Serbia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 55-59 ◽  
Author(s):  
Natasa Mrvic-Petrovic
Keyword(s):  
Community Service ◽  
Criminal Procedure ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Conditional Sentence ◽  
The Law ◽  
The Republic ◽  
Alternative Sanctions

The author is particularly emphasizing peculiarities of the provision on community service as a main penalty (which is foreseen together with the fine and the prison). This solution requires not only the profound regulations in the Law on the execution of the criminal sanctions, but also a careful creation of the by-laws. In the paper, particular attention is paid to the new solutions in the Law on the execution of the criminal sanctions, which aim is to enable the implementation of the community service and the conditional sentence with the protective surveillance. The author states that previous changes of the Criminal Procedure Code, which introduced the principle of opportunity in prosecuting, made a basis for taking victim?s interests related to the redress more into account while starting the prosecution. However, the possibility of using the redress as a basis for the elimination/diversion of the criminal procedure is still not used in an appropriate way in the practice.

Sanksi Pidana Terhadap Pelaku Pemotong Dana Bantuan Sosial Covid - 19

2021 ◽  
Vol 2 (2) ◽  
pp. 255-260
Author(s):  
Kadek Agus Indra Ana Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Social Assistance ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Legal Method ◽  
Procedure Code ◽  
Legal Sanctions ◽  
The Law ◽  
Materials Used

The criminal act of embezzlement and fraud committed by deducting the Covid-19 social assistance funds, specifically the provisions in article 372 of the Criminal Code. Meanwhile, fraud is regulated in Article 378 of the Criminal Code. This research focuses on criminal or legal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the law, namely the Criminal Procedure Code (KUHP). The purpose of this research is to regulate legal sanctions against perpetrators of Covid-19 social assistance fund cutters. It applies the normative legal method by using a conceptual and a case approach.. The sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature related to the formulation of the problem which is then analyzed systematically. The result of the research shows that the criminal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the Criminal Procedure Code (KUHP), are regulated in article 372 of the Criminal Code for embezzlement, while fraud is subject to article 378 of the Criminal Code. The perpetrator was charged in accordance with Article 372 regarding embezzlement and Article 378 of the Criminal Code regarding the criminal act of fraud.

scholarly journals Court proceedings for imposition of administrative sanctions

2018 ◽  
Vol 2 (3) ◽  
pp. 110-116
Author(s):  
L. Terekhova
Keyword(s):  
Russian Federation ◽  
Current Trends ◽  
Procedure Code ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The One ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Sanctions

The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.

scholarly journals Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 433
Author(s):  
Arif Bahtiar Jefry ◽  
Lathifah Hanim
Keyword(s):  
Code Of Conduct ◽  
Civil Code ◽  
Strength Of Evidence ◽  
Criminal Sanctions ◽  
Judicial Decisions ◽  
Subjective Element ◽  
Injured Party ◽  
The Law ◽  
Article 50 ◽  
Administrative Sanctions

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.

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.

Ensuring the Security of Participants in Mass Sports Events by Monitoring Their Behaviour and Identifying Them on the Basis of Photographic and Video Material

2020 ◽  
Vol 37 (37) ◽  
pp. 67-82
Author(s):  
Michał Pogoda ◽  
Jolanta Wąs-Gubała
Keyword(s):  
Public Administration ◽  
Video Surveillance ◽  
Physical Characteristic ◽  
Sports Events ◽  
Sports Stadiums ◽  
The Law ◽  
Court Proceedings ◽  
The Moment ◽  
Video Material

Ensuring the security of participants in mass sports events is an undertaking that requires many coordinated actions to be taken not only by the organizer of the event, but also by public administration institutions. Currently, an increasing number of locations has video surveillance, which is mandatory for sports stadiums in accordance with sports regulations. Cameras are supposed to not only deter those who could potentially violate the law, but also to provide evidence as to the circumstances and perpetrators of such violations. The aim of this publication is to show how the image recorded by CCTV is turned into evidence, which is then used in court proceedings. The authors addressed the above mentioned issues using examples related to the security of those who participate in sports events. They focused on discussing themes related to recognition, identification and biometrics, i.e. the determination of somebody’s identity on the basis of their unique features, such as appearance, physical characteristic and behaviour. On the basis of procedures developed by the Provincial Police Headquarters in Katowice, it was emphasized how important it is for participants in sports events to be observed not from the moment when the game begins, but rather from the moment they enter a sports facility, or even on their way to such a facility, when they do not try to hide their identity.

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