Perspektif

Number 2 Vol. 16, 2011

74-81
ABORSI BAGI KORBAN PEMERKOSAAN DALAM PERSPEKTIF ETIKA PROFESI KEDOKTERAN, HUKUM ISLAM DAN PERATURAN PERUNDANG-UNDANGAN

Authors: Ratna Winahyu Lestari Dewi, Suhandi

Abstract

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Number of views: 2093

Abortion is a classic problem in the world of health that has always caused debate throughout the ages. In terms of the term abortion means the termination of pregnancy before the fetus can grow outside the mother’s body. Abortion can be divided into two, namely spontaneous abortion and artificial abortion. Artificial abortion subdivided based on reason, namely abortion and abortion medisinalis criminalist. During this abortion in cases of rape victims are considered as a crime. But with the enactment of Law no. 36 years old. 2009 on health, abortion has been legalized for rape victims. Back problems are a matter of controversy, and raises the pros and cons of opinion in react. This paper will discuss about abortion in a variety of perspectives of professional ethics of medicine, Islamic laws and regulations inIndonesia. And abortion for rape victims is like a double-edged knife. Health workers who are faced with these situations will have a dilemma. Abortion will be punished, not doing abortion is the soul of the pregnant woman is at stake. Noting that rape can cause psychological trauma for the victim, then legalized abortion with respect to Article 75 paragraph (2) letter b Law No.36 of 2009 and should be done by a professional doctor in accordance with professional standards and observe the provisions of norms in religion. In this paper will discuss about abortion in the perspective of professional ethics of medicine, Islamic law and legislation in the positive law ofIndonesia.

82-94
PERTANGGUNGJAWABAN PIDANA ANGGOTA MILITER TNI YANG MELAKUKAN TINDAK PIDANA DESERSI

Authors: Haryo Sulistiriyanto

Abstract

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Number of views: 1225

This study aims to determine the form of criminal liability for military members who committed the crime and the efforts of military deserters who committed the crime for desertion could return to unity. This research used normative research that relies on the legal norms contained in the legislation and the decisions and the legal norms contained in legislation and court decisions as well as the norms that exist in community. Source data obtained from litelatur-litelatur, applicable legislation and decisions of theMilitary Court. Analiis data using descriptive analysis covering the content and structure of positive law that is an activity undertaken by the authors to determine the content or meaning of the rule of law which is used as a reference in resolving legal issues become the object of study. The results of this study show that this form of criminal liability may be criminal desertion of goods which form the basic sentence of imprisonment, it is stipulated in paragraph 2 of Article 6a KUHPM and an additional penalty of dismissal from military service, this is ditur in paragraph 1 of Article 6b KUHPM. And efforts that can be done by military deserters who committed the crime is asked to be accompanied by legal counsel.

95-104
QUA VADIS INDEPENDENSI ADVOKAT DALAM SISTEM PERADILAN DI INDONESIA

Authors: Solehuddin

Abstract

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Number of views: 941

Advocate is an honorable profession (offiem nobile, or main). In the context of law enforcement, advocate is the part that absolutely must have in carrying out its duties and profession for the sake of justice under the law for the public interest justice seekers (justhbelem). A very basic function in the search process identity of Indonesian law.

105-116
AKUNTABILITAS KEBIJAKAN DAN PEMBUDAYAAN PERILAKU ANTIKORUPSI

Authors: Zudan Arif Fakrulloh

Abstract

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Number of views: 1110

Corruption represent the old social phenomenon, along along its society civilization. Progressively broadness of state power in arranging life go into society the state of like this time, causing complex progressively also form and corruption modus. In order to corruption eradication, various effort have been conducted, start in Old Order era, New Order, and also Reform Order. Various model of eradication policy have been conducted by the inclusive of forming Extra Ordinary Bodies as Commission of Corruption Eradication, come up with forming the anti corruption culture through Integrity Pacta. But that way just still be corruption remain to baby-abdominal belt, so that assumed it the just by corruption eradication of Quo Vadis. Anti corruption behavior will only be existed when every individual of society and also functionary more fear to God Which The most Know compared to fear to Commission of Corruption Eradication.

117-127
BEBERAPA PERMASALAHAN DALAM PENYELIDIKAN DAN PENYIDIKAN OLEH KEPOLISIAN

Authors: Nur Basuki Winarno

Abstract

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Number of views: 5311

There are many legal issues relating to the duties and functions of Indonesian police. In order to solve complicated problems, professional police is needed. It is important for police officers to understand the rule of law, the concepts of law and legal doctrines as well, which have already developed. The purpose of this is to avoid mislead in law enforcement.

128-137
TUJUAN PEMIDANAAN DALAM UNDANG-UNDANG PORNOGRAFI

Authors: Titik Suharti

Abstract

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Number of views: 998

Pornography is an act of criminal acts related to the drawings, sketches, illustrations, photographs, text, sound, sound, moving pictures, animation, cartoons, conversation, gestures, or other forms of messages through various media forms of communication and/or performing in public,which contains obscenity or sexual exploitation that violate the moral norms of society, as regulated in Law Number 44 Year 2008 on Pornography. Due to the imposition of the criminal nature of the criminal act of pornography, which means that the imposition of penalty is based on the theory of absolute. The nature is calling for the imposition of penal discipline, so imposition of criminal proceedings against perpetrators of criminal acts pornography has two main objectives namely to influence the behavior and conflict resolution.