LEGAL REVIEW ON CRIMINAL LIABILITY OF DOCTORS IN MEDICAL NEGLIGENCE

Law Number 1 of 2023 concerning the Criminal Code (KUHP) is an important milestone in criminal law reform in Indonesia. This study aims to analyze the innovations presented in the new Criminal Code and the challenges of its implementation. Therefore, based on the legal reform through the latest Criminal Code, it can be seen what the reforms in criminal law are according to Law Number : 1 of 2023 concerning the Criminal Code, why Law Number: 1 of 2023 concerning the Criminal Code needs to be reformed, and how the implementation will be in the future in the application of Law Number: 1 of 2023 concerning the Criminal Code. This study uses a juridical-normative method with a statutory and conceptual approach, this study found that the new Criminal Code introduces the concept of restorative justice , recognition of customary law, and protection of vulnerable groups as a step towards modernization. However, its implementation faces challenges, such as the readiness of law enforcement officers, harmonization of customary and national law, and the potential for misuse of articles that are considered controversial. Nevertheless, the new Criminal Code has the prospect of strengthening Indonesia's criminal law system if supported by strict supervision, training of law enforcement officers, and involvement of various stakeholders. This reform is expected to create a legal system that is fairer, more responsive, and more relevant to the needs of society.

Euthanasia violates the rights of health, because committing euthanasia is as same as giving someone the rights to not obtain an optimal degree of health. Health rights are rights directly related to health services and efforts to improve public health both physical and non physical. Euthanasia is the act of stopping someone's efforts to get health. Health efforts with maintenance approaches in the form of healing diseases (curative) and health recovery (rehabilitative) were stopped. Euthanasia is also an act of giving someone the rights to die. This paper is to discuss the legal consequences for patients and doctors of committing euthanasia in the perspective of health and criminal law in Indonesia as well as the construction of comprehensive legal policies that can provide legal certainty and legal protection for patients and doctors from euthanasia in the context of law reformation. Legal protection for patients is related to the guarantee of treatment, legal certainty in the event of euthanasia. In addition, legal protection for doctors is related to the provision of medical services, in the ability of competence to provide treatment and how doctors are responsible for euthanasia committed against patients, so it is expected that by constructing legal policies will provide recommendations for the reformation of laws and regulations in the health sector and provide legal assurance and legal protection for doctors and patients.
 Keywords: Legal Protection, Legal Assurance, Euthanasia.

Respect for individual rights is an important moral and legal foundation in maintaining justice and humanity in the criminal law system. Although the individual has passed away, complexities arise as their rights still need to be respected. A deceased individual's legacy, including reputation and social influence, remains relevant and influences society. This research aims to understand how the criminal law system, particularly in the Criminal Code (KUHP), handles cases involving deceased individuals, including the protection of their reputation and open legal liability. This research utilizes a normative legal research method that involves analyzing existing legal norms. The results show that the Indonesian criminal law in detail regulates respect for deceased individuals in the Criminal Code. Despite having physically left the world, the law still recognizes and protects their rights regarding honor, reputation, and inheritance. Crimes against corpses are regulated in Chapter V of the Second Book of the Criminal Code on Crimes Against Public Order. Articles in the Criminal Code, such as Articles 175, 178, 179, 180, 181, 320, and 321, provide protection to the reputation, burial, graves, corpses, as well as preventing insults or defamation of deceased individuals, punishable by imprisonment or fines. Although the individual has biologically left the world, the law still recognizes and protects their rights regarding honor, reputation, and inheritance. Chapter V of the Second Book of the Criminal Code regulates crimes against public order involving corpses. Articles such as Article 175 to Article 321 provide protection to reputation, burial, graves, and corpses, and prevent insult or defamation of deceased individuals, punishable by imprisonment or a fine.

Legal development is a necessity for the Indonesian people. Having its product law becomes the identity of a free nation. The original Indonesian law will later become a national law that is free from colonial legal products. This study aims to describe the terminology of legal development and reform and the urgency of developing a national criminal law in Indonesia. The results of this study indicate that legal development is synonymous with legal reform. Legal development is an inseparable part of national development. Integrating and synergizing with other fields such as politics, economy, society, environment, and security in legal development is necessary. Legal development must be sustainable and well planned. Legal development can also mean legal reform which includes updating existing or outdated legal provisions and creating new laws needed to meet the demands of developments that occur in society. The implementation of legal development is not only limited to statutory regulations but also leads to a legal system such as the development of legal materials, institutional development and law enforcement, development of legal services, and development of public legal awareness. These elements influence each other, and the law must be built simultaneously, synchronously, and integrated. The development of criminal law for the Indonesian nation is very urgent because as an independent nation it does not yet have its criminal law system. The current criminal law system is the Dutch colonial legacy legal system

Restorative Justice is a process that involves both perpetrators or their families and victims or their families in the process of restoring conditions and rehabilitating perpetrators. This concept has fundamentally developed for a long time, but with the enactment of Law No. 1 of 2023 concerning the Criminal Code, it changes the punishment paradigm that was previously inspired by classical schools focusing on secular retribution, transforming by applying neo-classical schools that maintain balance between objective factors and subjective factors. However, regulatory provisions for restorative justice show disharmonies across investigation, prosecution, and judicial levels, requiring legal construction through expert doctrines and institutional regulations to create a comprehensive framework for applicable criminal cases. This research analyzes and constructs legal frameworks for implementing restorative justice within Indonesia's criminal law system under Law No. 1 of 2023, addressing regulatory disharmonies through neo-classical criminal law perspectives. This study employs normative legal research with a juridical normative approach, analyzing primary, secondary, and tertiary legal materials through literature study techniques. The research integrates statute, conceptual, historical, and comparative approaches to explore restorative justice application in Indonesia's criminal law system, including comparative analysis with Continental European countries. Current restorative justice regulations across investigation, prosecution, and judicial levels exhibit disharmony requiring legal construction through rechtsverfijning and comparative methods to align with the neo-classical paradigm of the 2023 Criminal Code.

Objective: This research aims to analyze changes in criminal law, particularly in the context of corruption, within the new Criminal Code in Indonesia. It explores the reasons behind the rejection of certain provisions in the new Criminal Code, especially those related to the punishment for corruption offenses. Theoretical Framework: The theoretical framework of this research is rooted in the field of criminal law and legal reform. It considers the evolution of criminal law in response to societal needs and expectations. The study also examines the principle of proportionality in criminal sentencing, particularly concerning corruption offenses. Method: This research adopts a normative legal research approach, relying on an analysis of existing legal texts and previous studies related to criminal law in Indonesia. The primary data sources include statutory laws in Indonesia, while secondary data sources consist of scholarly works and legal analyses. Result and Conclusion: The findings of this research reveal that the rejection of the new Criminal Code is primarily due to the removal of specific articles related to corruption. In the new Code, corruption offenses are no longer categorized as extraordinary crimes but are treated as ordinary offenses, akin to theft. This shift has implications for law enforcement authorities, such as the police, the prosecutor's office, and the Corruption Eradication Commission, as it blurs the lines of their jurisdiction and responsibilities in addressing corruption. Originality/Value: This research contributes to the understanding of the legal changes brought about by the new Criminal Code in Indonesia, with a specific focus on corruption offenses. It highlights the concerns and implications of categorizing corruption as an ordinary offense, potentially impacting the effectiveness of anti-corruption efforts. The study's value lies in its ability to inform policymakers, legal practitioners, and scholars about the complexities surrounding criminal law reform and its consequences in the context of corruption.

Football is the most popular sport and is in great demand by various groups of people. Its popularity is supported by accessibility, simplicity, major tournaments, social media and star players. In managing football internationally, FIFA was founded in 1904 as the world football governing body responsible for major matches such as the World Cup. FIFA functions as an organization that regulates football sovereignty through the principle of Lex Sportiva. In Indonesia, Lex Sportiva is recognized in Law No. 3 of 2005 which regulates the independent settlement of sports disputes. However, there are cases of violence in football that are resolved by criminal law. An example of a case that has occurred is Nanne Malomo in 2021 which sparked debate about the position of Lex Sportiva. In other countries, such as China, cases of football violations are often resolved without the intervention of criminal law. This can be exemplified by Oscar's punishment in the Chinese Super League. The objectives of this study are to: (1) determine the application of Lex Sportiva with Criminal Law to football sports problems; (2) determine the relationship between Lex Sportiva and criminal law to problems in football matches. This research method is conducted using a conceptual approach and a statute approach. The results of this study are (1) In national football competitions, the Lex Sportiva rules are based on the FIFA legal system, including the FIFA and PSSI Statutes. Criminal law in Indonesia uses the principles of Lex Specialis and Ultimum Remedium. Both principles are found in the Criminal Code and Law Number 3 of 2005 concerning the National Sports System; and (2) The relationship between lex sportiva and criminal law in Indonesia shows that although lex sportiva focuses on internal sports discipline, serious acts of violence on the football field often require criminal law intervention. Through dual application, both lex sportiva and criminal law work together to create justice and prevent future violence.

This paper wants to try to provide an overview of the Legal Politics of Amending the Criminal Code in Indonesia, both in legal normative theory and in practice. This research is normative legal research conducted through library research by conducting studies and analyzing primary, secondary and tertiary legal materials. In this writing, researchers also conducted observation activities on Legal Politics in the Changes to the Criminal Code. The problems that will be studied in this research are: (1) How is the politics of criminal law in Indonesia? (2) How is legal politics in criminal law reform in Indonesia? This research is normative legal research using normative case studies in the form of legal behavior products. The results of the research show that it is time to update the criminal law of the Dutch colonial legacy which is still based on the principles and foundations of that time and replace it with a criminal law system and a new criminal law that is more relevant to the lives of Indonesian people.AbstractTulisan ini ingin mencoba memberikan gambaran tentang Politik Hukum Perubahan KUHP di Indonesia, baik secara teori normatif hukum maupun dalam prakteknya. Penelitian ini merupakan penelitian hukum normatif yang dilakukan melalui penelitian kepustakaan dengan melakukan kajian dan menganalisis bahan hukum primer, sekunder dan tersier. Dalam penulisan ini, peneliti juga melakukan kegiatan observasi terhadap Politik Hukum dalam Perubahan KUHP. Permasalahan yang akan dikaji dalam penelitian ini adalah: (1) Bagaimana Politik Hukum Pidana di Indonesia? (2) Bagaimana Politik Hukum dalam Pembaruan Hukum Pidana di Indonesia? Penelitian ini merupakan penelitian hukum normative dengan menggunakan studi kasus normatif berupa produk perilaku hukum. Hasil penelitinya menunjukkan bahwa Sudah saatnya untuk memperbarui hukum pidana peninggalan kolonial Belanda yang masih berdasarkan asas dan landasan pada masa itu dan menggantinya dengan sistem hukum pidana dan hukum pidana baru yang lebih relevan dengan kehidupan masyarakat Indonesia

Since March 8, 1946, the Criminal Code has been used as criminal law in Indonesia, although changes have been made several times in the criminal law code. It is now realized that the Criminal Code is no longer able to accommodate the aspirations of the people who are developing rapidly due to several factors. The development of crimes that occur in society is also evidence that the Criminal Code does not provide legal protection to the community. In analyzing criminal law, one must pay attention to the social norms and standards that have been established and applied by the criminal law. As a result, social norms turn into legal norms. In the context of a democratic society, congruence eventually occurs between various social norms, through social ethics and legal norms. The development of punishment raises the idea or principle of punishment, making the convict a subject rather than an object so that he views the convict as a whole human being. by the Indonesian people, which has received social attention as a result of the search for alternative punishments for other independence crimes.

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.

Purpose: Taxes are income that is very important for the balance of state income. Currently, tax is the largest contributor to the Indonesian APBN. In tax obligations, taxpayers carry out their rights and obligations using the self-assessment method. Tax avoidance and even tax evasion are very likely to occur. Enforcement of criminal law in the field of taxation (tax enforcement) in order to increase taxpayer compliance. This research aims to look at the perspective of tax criminal law on general criminal law in Indonesia. This research uses a descriptive analytical method by collecting several literacy sources and discussing them in paragraph form. Design/methodology/approach: The self-assessment method allows taxpayers to commit tax violations, tax violators as long as the perpetrator has committed an act or actus reus which is a prohibited act and knows that his actions cause losses to other parties, then it is sufficient for the perpetrator to be subject to criminal sanctions/punishments as stipulated in the provisions of ignoring the element of mens rea, as stipulated in the Tax Criminal Law (UU HPP). Findings: Of the criminal acts contained in the Criminal Code, criminal acts in the field of taxation will always be related to and include the formulation of other criminal acts, whether general or specific. Paper type: Review paper.

Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.

The Criminal Code (KUHP) Law Number 1 of 2023 is a modification of the existing Criminal Code that has been in force since 1918. The reform of the Criminal Code aimed to align with advancements in criminal law in Indonesia and address the evolving legal requirements of society. The amendment to the Criminal Code encompasses several modifications, including the incorporation of novel criminal offenses, such as offenses against the environment, offenses against public assets, and offenses against human rights. Abolition of antiquated penal offenses, such as adultery, abortion, and offenses against moral principles. Revisions to the definition of criminal offenses, such as modifications to the definition of theft, embezzlement, and domestic violence, The amendment to the Criminal Code has both favorable and unfavorable consequences. Overall, many consider the amendment of the Criminal Code a favorable measure that aligns with advancements in criminal law in Indonesia and addresses the increasing legal requirements of society. This change is also deemed capable of offering enhanced legal safeguards for the community while simultaneously achieving justice and legal clarity.

<em>The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials</em>

Indonesia's criminal law system has entered a new phase with the enactment of Law No. 1 of 2023 on the Criminal Code. A key change is the recognition of living law as a source of criminal law alongside statutory regulations. This shift sparks debate over how to harmonize the principle of legality, the cornerstone of the Criminal Code, with the evolving nature of living law. This study examines the interaction between the principle of legality and living law in Indonesia's criminal justice system using a normative juridical method and statutory and conceptual approaches. The study highlights three key aspects: the background of living law recognition, the integration of the principle of legality with living law, and the impact of this integration on law enforcement. The findings reveal that incorporating living law into the new Criminal Code marks a transition from a rigid system to one more attuned to societal needs. However, challenges remain in aligning written law with customary law. These challenges include identifying valid living law, setting clear application boundaries, and regulating customary sanctions within the national legal framework.