Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Kebijakan Hukum
Zico Junius Fernando
Fakultas Hukum Universitas Bengkulu, Mahasiswa Doktoral Hukum Universitas Diponegoro
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Penal Mediation as a Medical Dispute Settlement for Hospital Malpractice Cases in Indonesia Sirman Dahwal; Zico Junius Fernando; Ria Anggraeni Utami
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.539-556

Abstract

Penal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system. Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal Justice System with the concept of mediation as an effort to resolve malpractice cases in the future. This paper used normative legal research or library research with a statute, conceptual, and comparative approach. The nature of the research used in this study is descriptive-prescriptive. The author used content analysis. The findings of this study are meant to provide an alternative solution to punishment which should be a last resort (ultimum remedium) from law enforcement in the form of non-litigation settlement through mediation. 
Impact of Criminal Code’s Articles 263 & 264: A Critical Look at Press Freedom and Human Rights Efren Nova; Zico Junius Fernando; Panca Sarjana Putra; Agusalim Agusalim
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.133-146

Abstract

The public, human rights advocates, and media practitioners have engagedin significant debate regarding Articles 263 and 264 of the new CriminalCode (KUHP). These articles establish laws that criminalize spreadingfalse news that could cause social unrest. The punishments for spreadingsuch information vary depending on the severity and intention behind itsdissemination. Articles 263(1) and (2) differentiate between intentionallyspreading false information that the perpetrator knows is untrue andspreading information that is reasonably believed to be false. The punishmentfor this offense can be imprisonment for up to six years or a maximumfine of category V. Article 264 specifically addresses the act of spreadingfalse information that the perpetrator knows is untrue. Meanwhile, Article264 specifically addresses the act of spreading ambiguous, exaggerated,or incomplete news. Those found guilty can face a maximum penalty oftwo years in prison or a category III fine. This study utilizes normativelegal methodologies, which include statutory, conceptual, comparative,and futuristic approaches. The research design is characterized by bothdescriptive and prescriptive elements. Content analysis was conductedto evaluate the collected data. The study’s findings illustrate that theprimary objective of Articles 263 and 264 of the new Criminal Code is tomaintain public order and deter riots that may arise as a consequence of thedissemination of incorrect information. Nevertheless, these provisions havebeen criticized for their potential to be used as a means to suppress pressfreedom and limit public expression, both of which are fundamental aspectsof democracy and the protection of human rights. Concerns have beenraised about the potential impact of the implementation of these articles onthe protection of press freedom as guaranteed by the Press Law.
Co-Authors Agusalim Agusalim Dahwal, Sirman Efren Nova Panca Sarjana Putra Ria Anggraeni Utami