The right to health care and medical care is a human right that must be respected. No one can abandon patients who need medical treatment and care. Regarding neglect of patients, medical personnel/doctors can be convicted under Article 304 of the Criminal Code. Patients have the right to refuse any type of treatment. There are vague norms in Article 304 of the Criminal Code. The vagueness of the norm lies in the phrase: "placing or leaving someone in a state of misery". The purpose of this paper is to guarantee legal certainty on the vague norms contained in Article 304 of the Criminal Code. The method used in this writing is a normative legal method, the approaches used are the statute approach and historical approach. The results of this study indicate that placing or allowing a patient to refuse medical treatment is not a mistake that is a condition for someone to be convicted. The patient has the right to refuse medical treatment from the doctor after receiving a complete explanation from the doctor based on Law No. 29 of 2004 concerning Medical Practice. Doctors are obliged to respect the rights of the patient, and they do not promise cure patients, but taken great care to treat the patient's illness.
The discussion on this journal raised regarding policy formulation RestorativeJustice in the Criminal Justice System Children . The objectives of this research thatin order to properly analyze the basic ideas contained in restorative justice , to dowith children in conflict with the law and to analyze policy formulation set forth in the Law. 112012 on the Criminal Justice System Kids for restorative justice to children inconflict with the law . While this type of research used in scientific journals this isthe kind of normative legal research , because it is based on the assessment thatthere is a conflict between the norms of Law. 11 of 2012 on the Criminal JusticeSystem Children with the norms contained in the draft - Criminal Code ( CriminalCode ) . In this case the unlawful act committed by the child who has not reached theage of 18 (eighteen years ) diversion efforts which have the purpose for the creationof a balance between the interests of focus and attention to the perpetrator and thevictim also impact the completion of the criminal case that happens in thecommunity to ensure and protecting children and their rights in order to live , grow,develop and participate optimally in accordance with the dignity of humanity , aswell as protection from violence and discrimination .
Customary conflicts that occur in indigenous communities in Bali are caused by social changes in the community that have an impact on changes in behavior, lifestyle and a shift invalues and culture. Therefore, ways and efforts are needed to resolve and reconcile disputes over conflicts or customary cases that occur. The legal issue in this study is the extent of the authority of the village Kerta institution in resolving conflicts or customary cases. This research is to use normative legal research. The regulations examined in this study are BaliProvincial Regulation Number 4 of 2019 concerning Customary Villages in Bali which is related with the existence of Kerta Desa as a customary judicial institution in the resolutionof traditional conflicts. The handling of adat conflicts is carried out by Kerta Desa as a Village Peace Judge by providing customary sanctions aimed at regulating the balance or restoring the disturbed adat order in the community.
Various laws and regulations have been established to prevent sexual violence against children and women. Various violations in the laws and regulations have been made to minimize the occurrence of sexual violence, especially in the private sphere. This private domain is a family area where the perpetrator is a person who is still related by blood, kinship, marriage or who has an intimate relationship with the victim. This is what causes the victim does not dare to report to the authorities. One of them is the case of a 12-year-old child in Medan who became a victim of his mother's girlfriend and ended up suffering from the HIV virus. Based on this, the problem in this study is how to violate the law in protecting victims of violence against children and women in the private sphere. This study aims to find out legal breakthroughs in protecting victims of sexual violence against children and women in the private sphere. This study uses a normative juridical research method, because there is an examination of norms regarding legal protection for victims of violence against children and women in the private sphere. This research uses library law sources. The establishment of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) aims to provide protection to women. Meanwhile, legal protection for children is contained in Law Number 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The law has not been able to prevent and track sexual violence that occurs in the private sphere. The government finally made a breakthrough to form Law No. 12 of 2022 concerning the Crime of Sexual Violence.
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