Locus Journal of Academic Literature Review
Volume 2 Issue 1- January 2023

Criminal Liability of Perpetrators of Unauthorized Management of Medical B3 Waste Without License: (Study of Decision Number 115/Pid.B/LH/2019/PN Slt and Decision Number 1/PID.B/LH/2020/PT Smg)

Anaria Br Ginting (Program Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara.)
Alvi Syahrin (Universitas Sumatera Utara)
Edi Yunara (Universitas Sumatera Utara)
Jelly Leviza (Universitas Sumatera Utara)

Article Info

Publish Date
02 Jan 2023

Abstract

Criminal responsibility leads to the perpetrator with the intention of determining whether the defendant or suspect can be held accountable for a criminal offense that occurs. Solid Medical Hazardous Waste is goods or materials left over from activities that are not reused which have the potential to be contaminated by infectious substances. The Indonesian Ombudsman in 2021 noted that there were at least 138 million tons of medical waste that were not properly managed, so it is necessary to deal with the management of medical B3 waste in Indonesia. This research uses normative juridical legal research because it wants to examine laws and regulations and judges' decisions relating to the management of B3 waste without a license. The approach in this research uses a case approach by examining the case in Decision Number 115/Pid.B/LH/2019/PN Slt and Decision Number 1/Pid.B/LH/2020/PT Smg which have permanent legal force. The conclusion in the study shows that in Decision Number 115/Pid.B/LH/2019/PN Slt and Decision Number 1/Pid.B/LH/2020/PT Smg is that the criminal liability of the perpetrators of medical B3 waste management at Salatiga Regional Hospital is not correct regarding the application of the law, this is because the judge in deciding this case did not pay attention to changes in the rules related to the article charged had been deleted by the Job Creation Law before the judge made a decision. The defendant should have been acquitted of the criminal charges.

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Journal Info
Locus Journal of Academic Literature Review
Website

Abbrev

jalr

Publisher

PT. LOCUS MEDIA PUBLISHING

Subject

Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

Description

Locus Journal of Academic Literature Review is a single-blind, double-blind, peer-reviewed, open-access national and international journal dedicated to the promotion of research in multidisciplinary areas. Articles in this publication can be written in English and Bahasa Indonesia. The Journal is ...