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Journal : Journal of Education, Humaniora and Social Sciences (JEHSS)

Analisis Hukum Terhadap Penggabungan Dan Pemisahan Perkara Pidana Dalam Surat Dakwaan Penuntut Umum Christina Mahdalena Saragih; Sonya Airini Batubara; Martin Johan Napitupulu; Nico Iryanto Sihombing; Novita Wanrelin Gultom
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 2 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (807.075 KB) | DOI: 10.34007/jehss.v3i2.309

Abstract

This article aims to analyze the consideration of the public prosecutor in merging and separating indictments for several criminal cases and to find out the obstacles of the public prosecutor in merging and separating indictments against several criminal cases. The research used is normative juridical research. With secondary research methods, namely secondary legal materials, which consist of books and articles related to research (both in the form of newspapers, magazines, journals, and other writings). The data obtained are then analyzed qualitatively by describing and describing the data and facts resulting from a research in the field with an interpretation, evaluation, and general knowledge. In the results of this study, the merger of indictments against several criminal cases is Article 141 of the Criminal Procedure Code which reads: "Public prosecutors can merge cases and make them into one indictment". Meanwhile, for the separation of the indictment, there is Article 142 of the Criminal Procedure Code which reads: "In the event that the Public Prosecutor receives a case file containing several criminal acts committed by several suspects which are not included in the provisions of Article 141"
Pertanggung Jawaban Hukum oleh Seorang Dokter yang Melakukan Tindak Pidana Pemalsuan Surat Keterangan Dokter Juli Shara Pasaribu; Chistofe Daeli; Koko Valensio Situmeang; Sonya Airini Batubara
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 2 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (852.01 KB) | DOI: 10.34007/jehss.v3i2.334

Abstract

The research objectives used were to determine the ethical and legal accountability of a doctor who commits a criminal act of doctor's certificate forgery and to find out how to legally handle a criminal act committed by a doctor in the field of health law. The research method uses normative juridical, namely using library research and the source of legal materials used is secondary data. This research uses the theory of responsibility. Letter forgery issues a right which is used as false information about the presence or absence of disease. Criminal acts that often occur are related to Article 263 of the Criminal Code (making forged letters or falsifying letters) Article 266 of the Criminal Code for a doctor who falsifies a letter sentenced to a maximum imprisonment of four (4) years. A doctor is required to provide a statement and opinion that has been examined itself the truth. Overcoming letter forgery is carried out through 2 efforts, namely penal measures and non-penal measures carried out repressively (law enforcement). Prevention can be done by providing additional provisioning both ethically and in discipline to each doctor
Tindak Pidana Peredaran Pemalsuan Obat Berdasarkan Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan Sabrina Siahaan; Sonya Airini Batubara; Noel Yoga Panggabean
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 3, No 1 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) Agustus
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (48.369 KB) | DOI: 10.34007/jehss.v3i1.221

Abstract

The purpose of this research is to find out about the Regulations for the Crime of Drug Counterfeiting According to Law Number 36 Year 2009 concerning Health, How is the Responsibility for the Crime of Drug Counterfeiting According to the Criminal Code and Law Number 36 Year 2009 Regarding Health and Obstacles That Become BPOM's Obstacles in Handling Drug Counterfeiting Crime. Methods This type of research in writing this thesis uses normative juridical research. The data of this study are secondary data, the collection technique is aligned with the nature of the research. The nature of the research is normative legal research and research is analyzed qualitatively, meaning that the existing data is analyzed in depth, holistically and comprehensively. The conclusion of this research is that the regulation regarding the criminal act of drug counterfeiting in the Indonesian Criminal Code Article 386 Paragraph (1) is prohibited from selling, offering or delivering drugs known to be counterfeited, with a maximum imprisonment of 4 (four) years. Law Number 36 Year 2009 Concerning Health, namely Article 196, Article 197, Article 198, Article 199, Article 201. Law Number 36 Year 2009 Concerning Health, criminal responsibility lies with the individual or the person, the criminal responsibility is given to the form of a fine 3 ( three) times the penalty is imposed, as well as additional penalties in the form of administrative sanctions. The constraints faced are the intensity of supervision, lack of compliance with procedure requirements, limited human resources, limited laboratory testing equipment.