mokhammad najih - Academia.edu (original) (raw)
Papers by mokhammad najih
Jurnal Jurisprudence
Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies ... more Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies of Covid-19 patients.Methodology The method used in this study is a normative juridical method using statutory, conceptual and case approaches.Results This study found that it is necessary to socialize, educate and communicate to the citizens that the Covid-19 bodies have gone through stages in accordance with medical protocol and WHO in the treatment/repatriation of bodies so that there should be no need for excessive fear while if residents refuse funerals Covid-19 patients' bodies there are sanctions including moral sanctions, fines and criminal confinement.Applications of this studyThis research can be used by academics and practitioners in health law, so that they can create an instrument to socialize the acceptance of Covid-19's bodies in the community.Novelty/ Originality of this study The bodies of Covid-19 patients have been carried out the repatriation (management) of t...
Diponegoro Law Review, 2021
To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in e... more To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in explaining chronological physical contact when treating to health facilities, especially if the patient experiences symptoms of covid-19. Honesty of patients indicated by COVID-19 is very important so that the chain of transmission of covid-19 does not expand and facilitate health workers in data collection. Denial, lies, even like the refusal of covid-19 corpses if it continues to be left, does not mean the countermeasures of covid-19 are increasingly stretched. This article tries to review the transparency of informed consent in relation to patient dishonesty, where transparent communication is expected by the patient to be honest and not to cover the perceived symptoms or various things related to covid-19. This research is normative juridical research. In normative legal research, library material is the basic data that in research science is classified as secondary data.
This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia a... more This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia and touches upon aspects of enforcement. These two neighboring countries have different legal systems and, of course, their own unique characteristics. That said, these two countries also have many similarities in terms of culture, religion, geography, and social history, and both governments have implemented anti-corruption policies and made corruption a criminal offence. The impact on preventing and combating corruption in both countries has been different, however. In terms of international ratings, Indonesia is at a very high level of corruption, while Malaysia is at a moderate level. This study therefore aims to identify an effective legal basis for anti-corruption and law enforcement strategies that can prevent corruption. The study’s methodology employed legal content analysis using a historical, jurisprudence, and comparative approach, with interviews and analytical methods also b...
Jurnal Dinamika Hukum, 2018
As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim... more As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim consumers on risk-free and halal food distribution. This doctrinal juridical approach aims to analyze the regulation of the safe and halal food consumers' rights and their application to judicial decisions. The regulation of halal food distribution has provided a legal protection for the food consumers. The weakness of the regulation lies on the general criminal sanction without any specific minimum provision. A review of the court's verdict shows that the application of criminal sanction of the safe and halal food consumers' rights violations is still inconsistent. This is an implication of the general criminal sanction which gives free space to law enforcement to apply minimum penalty. This condition causes potentially violated regulation by food business actors.
Journal of Indonesian Legal Studies, 2018
Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almos... more Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values ​​and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are a...
SHS Web of Conferences, 2018
The government has a central and strategic role in economic development based on democratic princ... more The government has a central and strategic role in economic development based on democratic principles aimed at creating a just and prosperous society as mandated by the Constitution. This paper examines the arrangement of land rights (LR) for investment Activities in Indonesia in the perspective of land Act. This study uses a doctrinal juridical approach. The type of data is secondary data sourced from primary legal materials and secondary legal materials. Data collection is carried out using literature and documents both physically and electronically. The data obtained is then analyzed using content analysis and prescriptive analysis. The findings show that the time period for granting land rights from various investment regulations is arranged inconsistently. The root of the problem of inconsistency is the violation of hierarchical principles in the regulation of the timeframe of CR, BR and UR in Act 5 of 1960 with GR 40 of 1996 which is used as the basis for the regulation of th...
Media Iuris, 2022
This study wants to see how the legal problems in determining the factors that adjust the BMD ren... more This study wants to see how the legal problems in determining the factors that adjust the BMD rental and legal politics of norms in the future. This research uses normative legal research. The results of the study show that there is a legal discovery at the level of Permendagri 19/2016. As an implementing regulation for BMD and becoming an NSPK by the local government, Permendagri 19/2016 still does not have a rigid norm regulating the rent-adjusting factor. Legal reforms need to be carried out, among others, by: 1. to provide legal certainty for the separation between the BMD and BMN regimes firmly; 2. strengthening the role of the central government as a supervisor for local governments; 3. Local governments are free to seek legitimate financial opinions through (PAD). The advice given to the Ministry of Home Affairs is to revise Permendagri 19/2016 by incorporating the norms for rent-adjusting factors by adopting the norms contained in the Regulation of the Minister of Finance Nu...
The law recognizes qualified adult patients to have right in refusing or accepting medical treatm... more The law recognizes qualified adult patients to have right in refusing or accepting medical treatments, even if the refusal may cause fatal risk. In the other hand, for pediatric patient, the parents are the one who responsible for their medical treatment agreement. This phenomenon puts the child in a difficult situation as well as raises ethical and professional dilemmas for the doctors. This research aims to reveal the problem faced by pediatric patients in obtaining health right, health services specifically. The research type conducted is normative juridical. As a consideration, the research started by analysing laws and regulations to identify legal concepts and principles used in regulating children's rights. Thus, the approaches taken are the statutory approach and the conceptual approach. Research result shows that the child's health rights are guaranteed by child rights convention and regulation concerning child protection, Law Number 23 Year 2002 which revised into ...
The aim of this study is to investigate the relationship between dignity value, humanity value an... more The aim of this study is to investigate the relationship between dignity value, humanity value and unity value and corruption eradication strategies with the mediation effect of supply chain ISS. The idea of the criminal law renewal has been conducted for almost 35 years and some concepts of the national criminal code born with its dynamic development are greatly appealing to study. A desire to make a better criminal law happen and to be able to satisfy the people’s aspirations is an ideal criminal law politics. The national criminal law should possess characteristics which are original, authentic and typical for Indonesia covering customary laws, value and belief systems, special characteristics of a modern state and international values.Therefore, Pancasila (Five Basic Principles) as the source for all legal sources, that has not been given an adequate attention, should be used as the basis forthe paradigm of the criminal law renewal. At least, Pancasila should own some major p...
The Ulayat Right of Indigenous People is a constitutional right and is an Indigenous People's... more The Ulayat Right of Indigenous People is a constitutional right and is an Indigenous People's Human Rights. The current problem is that there is an inconsistency of constitutional rights regarding Ulayat rights implementation. The inconsistency is in the form of recognition of the Ultimate MHA's Ultimate Rights, Conditional Recognition and Denial / Abandonment of the existence of Ulayat Rights. Therefore, the setting of Ulayat Rights as a constitutional right is contradictory to the constitution due to the absence of legal guarantee on its recognition and protection. This research suggests to achieve harmony among related regulation or to create certain laws that specifically regulates the recognition and protection of the Ulayat Rights of the MHA that meet a fair legal guarantee.
Transgender people are seen as an abnormal minority group that bends the accepted sexual orientat... more Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause...
This study intends to describe the model of engaging in the influence of corruption in Indonesia.... more This study intends to describe the model of engaging in the influence of corruption in Indonesia. Although it has not been regulated in anti-corruption laws, some cases of trafficking have been prosecuted by applying the provisions of a bribery offense. Reviewing the application of the principles of trading the influence of UNCAC on corruption courts in Indonesia is very important, in order to help people understands about law enforcement and the application of new principles in the courts and in efforts to renew the penal law, including to know some of its weaknesses and advantages. This research uses normative juridical approach method, with primary and secondary law material source, with some cases of corruption which have been reach a verdict in court, then analyzed by content analysis technique. The results of the research shows that elements of trading influence have been applied in law enforcement to cases of criminal acts of corruption. It can be found there are two models i...
Legality : Jurnal Ilmiah Hukum
Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel ag... more Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel aggrieved by the related parties. Mediation is also able to produce a peace agreement from both parties so that it can provide benefits for both. Dispute resolution efforts can use several means of mediation, including through litigation and non-litigation, both of which have their own advantages and disadvantages. In the case in Banda Aceh, the legal route was prioritized compared to mediation because of the patient's dissatisfaction, as well as the case of cassation decisions that did not receive the compensation offered by the defendant so that the court route was taken. The mediation used did not have a positive impact on both parties so that the mediation was considered a failure. Mediating is expected to provide good and fair benefits to all disputing parties so as to produce a sense of satisfaction and justice without any shortcomings of both. This mediation is also regulated in...
Sriwijaya Law Review
This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Pr... more This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Procurement for Development for the Public Interest to improve the welfare of landowners after the release of land rights. The focus of the study is on the arrangement of indemnity from the aspects: assessors, indemnity assessment, and deliberation on the determination of indemnity. The research approach uses normative juridical, with secondary data sourced from primary legal materials and secondary legal materials from March to July 2020. The data was analysed using content analysis combined with prescriptive analysis. As a result, this research proposes the arrangement of compensation in the Law on Land Procurement for the Development of the Public Interest. These arrangements are included the material determination of assessors, the value of compensation, deliberationof the determination of compensation, and the custody of compensation (consignment) in the Law on Land Procurement which ...
Audito Comparative Law Journal (ACLJ)
Tindak pidana yang bersifat ringan harus diselesaikan dengan mekanisme yang sama seperti tindak p... more Tindak pidana yang bersifat ringan harus diselesaikan dengan mekanisme yang sama seperti tindak pidana yang berat, adalah salah satu bentuk ironi keadilan. Untuk mengurangi persoalan ironi keadilan tersebut, beberapa negara telah mengembangkan berbagai mekanisme penyelesaian perkara di luar persidangan untuk perkara-perkara yang bersifat ringan. Selain itu, sistem peradilan pidana di setiap negara secara umum juga hanya mampu memproses sebagian kecil dari seluruh tindak pidana yang terjadi sehingga penuntut umum harus melaksanakan diskresi dalam memutuskan perkara mana yang akan dilanjutkan atau dihentikan penuntutannya atau diselesaikan dengan mekanisme penyelesaian perkara pidana yang bersifat ringan di luar persidangan. Isu hukum yang dianalisis dalam tulisan ini adalah bagaimana ratio legis pengaturan mekanisme penyelesaian perkara pidana di luar persidangan di Belanda dan Inggris. Hasil dari analisis tersebut adalah ratio legis pengaturan penyelesaian perkara pidana di luar p...
Jurnal Jurisprudence
Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies ... more Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies of Covid-19 patients.Methodology The method used in this study is a normative juridical method using statutory, conceptual and case approaches.Results This study found that it is necessary to socialize, educate and communicate to the citizens that the Covid-19 bodies have gone through stages in accordance with medical protocol and WHO in the treatment/repatriation of bodies so that there should be no need for excessive fear while if residents refuse funerals Covid-19 patients' bodies there are sanctions including moral sanctions, fines and criminal confinement.Applications of this studyThis research can be used by academics and practitioners in health law, so that they can create an instrument to socialize the acceptance of Covid-19's bodies in the community.Novelty/ Originality of this study The bodies of Covid-19 patients have been carried out the repatriation (management) of t...
Diponegoro Law Review, 2021
To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in e... more To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in explaining chronological physical contact when treating to health facilities, especially if the patient experiences symptoms of covid-19. Honesty of patients indicated by COVID-19 is very important so that the chain of transmission of covid-19 does not expand and facilitate health workers in data collection. Denial, lies, even like the refusal of covid-19 corpses if it continues to be left, does not mean the countermeasures of covid-19 are increasingly stretched. This article tries to review the transparency of informed consent in relation to patient dishonesty, where transparent communication is expected by the patient to be honest and not to cover the perceived symptoms or various things related to covid-19. This research is normative juridical research. In normative legal research, library material is the basic data that in research science is classified as secondary data.
This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia a... more This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia and touches upon aspects of enforcement. These two neighboring countries have different legal systems and, of course, their own unique characteristics. That said, these two countries also have many similarities in terms of culture, religion, geography, and social history, and both governments have implemented anti-corruption policies and made corruption a criminal offence. The impact on preventing and combating corruption in both countries has been different, however. In terms of international ratings, Indonesia is at a very high level of corruption, while Malaysia is at a moderate level. This study therefore aims to identify an effective legal basis for anti-corruption and law enforcement strategies that can prevent corruption. The study’s methodology employed legal content analysis using a historical, jurisprudence, and comparative approach, with interviews and analytical methods also b...
Jurnal Dinamika Hukum, 2018
As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim... more As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim consumers on risk-free and halal food distribution. This doctrinal juridical approach aims to analyze the regulation of the safe and halal food consumers' rights and their application to judicial decisions. The regulation of halal food distribution has provided a legal protection for the food consumers. The weakness of the regulation lies on the general criminal sanction without any specific minimum provision. A review of the court's verdict shows that the application of criminal sanction of the safe and halal food consumers' rights violations is still inconsistent. This is an implication of the general criminal sanction which gives free space to law enforcement to apply minimum penalty. This condition causes potentially violated regulation by food business actors.
Journal of Indonesian Legal Studies, 2018
Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almos... more Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values ​​and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are a...
SHS Web of Conferences, 2018
The government has a central and strategic role in economic development based on democratic princ... more The government has a central and strategic role in economic development based on democratic principles aimed at creating a just and prosperous society as mandated by the Constitution. This paper examines the arrangement of land rights (LR) for investment Activities in Indonesia in the perspective of land Act. This study uses a doctrinal juridical approach. The type of data is secondary data sourced from primary legal materials and secondary legal materials. Data collection is carried out using literature and documents both physically and electronically. The data obtained is then analyzed using content analysis and prescriptive analysis. The findings show that the time period for granting land rights from various investment regulations is arranged inconsistently. The root of the problem of inconsistency is the violation of hierarchical principles in the regulation of the timeframe of CR, BR and UR in Act 5 of 1960 with GR 40 of 1996 which is used as the basis for the regulation of th...
Media Iuris, 2022
This study wants to see how the legal problems in determining the factors that adjust the BMD ren... more This study wants to see how the legal problems in determining the factors that adjust the BMD rental and legal politics of norms in the future. This research uses normative legal research. The results of the study show that there is a legal discovery at the level of Permendagri 19/2016. As an implementing regulation for BMD and becoming an NSPK by the local government, Permendagri 19/2016 still does not have a rigid norm regulating the rent-adjusting factor. Legal reforms need to be carried out, among others, by: 1. to provide legal certainty for the separation between the BMD and BMN regimes firmly; 2. strengthening the role of the central government as a supervisor for local governments; 3. Local governments are free to seek legitimate financial opinions through (PAD). The advice given to the Ministry of Home Affairs is to revise Permendagri 19/2016 by incorporating the norms for rent-adjusting factors by adopting the norms contained in the Regulation of the Minister of Finance Nu...
The law recognizes qualified adult patients to have right in refusing or accepting medical treatm... more The law recognizes qualified adult patients to have right in refusing or accepting medical treatments, even if the refusal may cause fatal risk. In the other hand, for pediatric patient, the parents are the one who responsible for their medical treatment agreement. This phenomenon puts the child in a difficult situation as well as raises ethical and professional dilemmas for the doctors. This research aims to reveal the problem faced by pediatric patients in obtaining health right, health services specifically. The research type conducted is normative juridical. As a consideration, the research started by analysing laws and regulations to identify legal concepts and principles used in regulating children's rights. Thus, the approaches taken are the statutory approach and the conceptual approach. Research result shows that the child's health rights are guaranteed by child rights convention and regulation concerning child protection, Law Number 23 Year 2002 which revised into ...
The aim of this study is to investigate the relationship between dignity value, humanity value an... more The aim of this study is to investigate the relationship between dignity value, humanity value and unity value and corruption eradication strategies with the mediation effect of supply chain ISS. The idea of the criminal law renewal has been conducted for almost 35 years and some concepts of the national criminal code born with its dynamic development are greatly appealing to study. A desire to make a better criminal law happen and to be able to satisfy the people’s aspirations is an ideal criminal law politics. The national criminal law should possess characteristics which are original, authentic and typical for Indonesia covering customary laws, value and belief systems, special characteristics of a modern state and international values.Therefore, Pancasila (Five Basic Principles) as the source for all legal sources, that has not been given an adequate attention, should be used as the basis forthe paradigm of the criminal law renewal. At least, Pancasila should own some major p...
The Ulayat Right of Indigenous People is a constitutional right and is an Indigenous People's... more The Ulayat Right of Indigenous People is a constitutional right and is an Indigenous People's Human Rights. The current problem is that there is an inconsistency of constitutional rights regarding Ulayat rights implementation. The inconsistency is in the form of recognition of the Ultimate MHA's Ultimate Rights, Conditional Recognition and Denial / Abandonment of the existence of Ulayat Rights. Therefore, the setting of Ulayat Rights as a constitutional right is contradictory to the constitution due to the absence of legal guarantee on its recognition and protection. This research suggests to achieve harmony among related regulation or to create certain laws that specifically regulates the recognition and protection of the Ulayat Rights of the MHA that meet a fair legal guarantee.
Transgender people are seen as an abnormal minority group that bends the accepted sexual orientat... more Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause...
This study intends to describe the model of engaging in the influence of corruption in Indonesia.... more This study intends to describe the model of engaging in the influence of corruption in Indonesia. Although it has not been regulated in anti-corruption laws, some cases of trafficking have been prosecuted by applying the provisions of a bribery offense. Reviewing the application of the principles of trading the influence of UNCAC on corruption courts in Indonesia is very important, in order to help people understands about law enforcement and the application of new principles in the courts and in efforts to renew the penal law, including to know some of its weaknesses and advantages. This research uses normative juridical approach method, with primary and secondary law material source, with some cases of corruption which have been reach a verdict in court, then analyzed by content analysis technique. The results of the research shows that elements of trading influence have been applied in law enforcement to cases of criminal acts of corruption. It can be found there are two models i...
Legality : Jurnal Ilmiah Hukum
Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel ag... more Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel aggrieved by the related parties. Mediation is also able to produce a peace agreement from both parties so that it can provide benefits for both. Dispute resolution efforts can use several means of mediation, including through litigation and non-litigation, both of which have their own advantages and disadvantages. In the case in Banda Aceh, the legal route was prioritized compared to mediation because of the patient's dissatisfaction, as well as the case of cassation decisions that did not receive the compensation offered by the defendant so that the court route was taken. The mediation used did not have a positive impact on both parties so that the mediation was considered a failure. Mediating is expected to provide good and fair benefits to all disputing parties so as to produce a sense of satisfaction and justice without any shortcomings of both. This mediation is also regulated in...
Sriwijaya Law Review
This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Pr... more This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Procurement for Development for the Public Interest to improve the welfare of landowners after the release of land rights. The focus of the study is on the arrangement of indemnity from the aspects: assessors, indemnity assessment, and deliberation on the determination of indemnity. The research approach uses normative juridical, with secondary data sourced from primary legal materials and secondary legal materials from March to July 2020. The data was analysed using content analysis combined with prescriptive analysis. As a result, this research proposes the arrangement of compensation in the Law on Land Procurement for the Development of the Public Interest. These arrangements are included the material determination of assessors, the value of compensation, deliberationof the determination of compensation, and the custody of compensation (consignment) in the Law on Land Procurement which ...
Audito Comparative Law Journal (ACLJ)
Tindak pidana yang bersifat ringan harus diselesaikan dengan mekanisme yang sama seperti tindak p... more Tindak pidana yang bersifat ringan harus diselesaikan dengan mekanisme yang sama seperti tindak pidana yang berat, adalah salah satu bentuk ironi keadilan. Untuk mengurangi persoalan ironi keadilan tersebut, beberapa negara telah mengembangkan berbagai mekanisme penyelesaian perkara di luar persidangan untuk perkara-perkara yang bersifat ringan. Selain itu, sistem peradilan pidana di setiap negara secara umum juga hanya mampu memproses sebagian kecil dari seluruh tindak pidana yang terjadi sehingga penuntut umum harus melaksanakan diskresi dalam memutuskan perkara mana yang akan dilanjutkan atau dihentikan penuntutannya atau diselesaikan dengan mekanisme penyelesaian perkara pidana yang bersifat ringan di luar persidangan. Isu hukum yang dianalisis dalam tulisan ini adalah bagaimana ratio legis pengaturan mekanisme penyelesaian perkara pidana di luar persidangan di Belanda dan Inggris. Hasil dari analisis tersebut adalah ratio legis pengaturan penyelesaian perkara pidana di luar p...