Norbert Tanto Harjadi
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia

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ANALISIS YURIDIS TINDAK PIDANA PENGGUGURAN KANDUNGAN (STUDI PUTUSAN NOMOR 40/PID.B/2020/PN.WNO) Timothy Pangihutan; Norbert Tanto Harjadi
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.764 KB) | DOI: 10.25105/refor.v4i2.13615

Abstract

The defendant Arvita Sari Winda Adi Prastowo Binti Suradi in November 2019, located in Pulegundes Hamlet, Sidoharjo Village, Tepus District, Gunung Kidul Regency or another place which is still within the jurisdiction of the Wonosari District Court, was legally and convincingly proven guilty of committing the crime of intentionally carrying out an abortion obstetrical is not in accordance with medical reasons by using curettage obtained through online media. Based on the analysis carried out, it can be concluded that the application and elements of the criminal act of abortion in the provisions of article 346 of the Criminal Code are not appropriate because based on the principle of lex specialis derogate legi generali, special rules apply that regulate types of sentencing.
TINDAK PIDANA PRAKTIK KEDOKTERAN TANPA IZIN PRAKTIK Winda Ayu Setyowati; Norbert Tanto Harjadi
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15418

Abstract

A medical crime is a criminal act that violates medical ethics. Heny Desrityani engaged in fraudulent behavior, letter forgery, and illegal drug use. The question posed in this study is whether the defendant's activities are compliant with Articles 77 and 78 of Law No. 29 of 2004 and what other crimes the defendant may have committed. This research methodology was discovered through a literature review, and descriptive analysis was the type of research that was being done. The defendant used a doctor's degree and medical equipment and methods to commit a medical crime, according to the findings of the investigation and discussion. The defendant also committed fraud and letter forgery. Which resulted in the conclusion that the defendant was only subject to one article because there was the principle of Lex Specialis Derogat Legi Generali and in this case the sentence imposed was relatively light and not in accordance with the objectives of the existing punishment.
ANALISIS YURIDIS TINDAK PIDANA PENGGUGURAN KANDUNGAN (STUDI PUTUSAN NOMOR 40/PID.B/2020/PN.WNO) Timothy Pangihutan; Norbert Tanto Harjadi
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13615

Abstract

The defendant Arvita Sari Winda Adi Prastowo Binti Suradi in November 2019, located in Pulegundes Hamlet, Sidoharjo Village, Tepus District, Gunung Kidul Regency or another place which is still within the jurisdiction of the Wonosari District Court, was legally and convincingly proven guilty of committing the crime of intentionally carrying out an abortion obstetrical is not in accordance with medical reasons by using curettage obtained through online media. Based on the analysis carried out, it can be concluded that the application and elements of the criminal act of abortion in the provisions of article 346 of the Criminal Code are not appropriate because based on the principle of lex specialis derogate legi generali, special rules apply that regulate types of sentencing.
TINDAK PIDANA PRAKTIK KEDOKTERAN TANPA IZIN PRAKTIK Winda Ayu Setyowati; Norbert Tanto Harjadi
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15418

Abstract

A medical crime is a criminal act that violates medical ethics. Heny Desrityani engaged in fraudulent behavior, letter forgery, and illegal drug use. The question posed in this study is whether the defendant's activities are compliant with Articles 77 and 78 of Law No. 29 of 2004 and what other crimes the defendant may have committed. This research methodology was discovered through a literature review, and descriptive analysis was the type of research that was being done. The defendant used a doctor's degree and medical equipment and methods to commit a medical crime, according to the findings of the investigation and discussion. The defendant also committed fraud and letter forgery. Which resulted in the conclusion that the defendant was only subject to one article because there was the principle of Lex Specialis Derogat Legi Generali and in this case the sentence imposed was relatively light and not in accordance with the objectives of the existing punishment.