https://ejurnal.bunghatta.ac.id/index.php/JFH/issue/feed 2025-03-25T03:21:22+00:00 Open Journal Systems https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27434 2025-03-21T04:13:40+00:00 Syaflizar Nasution nasutionsyaflizar@gmail.com

Article 158 of the Mineral and Coal Mining Law contains criminal threats regarding the management of mineral and coal mining conducted without permission. The prevalence of unauthorized mining in West Pasaman Regency makes it difficult for the West Pasaman Police to effectively address the issue with limited resources. The problems in this research are: 1) What efforts are being made by the West Pasaman Police to combat unauthorized mining? 2) What obstacles does the West Pasaman Police face in addressing unauthorized mining? 3) What measures does the West Pasaman Police take to overcome these challenges in combating unauthorized mining? This research is a socio-legal-research, using a qualitative descriptive approach. The data sources consist of primary and secondary data. The data collection techniques used are document studies and interviews, employing qualitative analysis techniques. The research findings concluded that: 1) The West Pasaman Police's efforts to combat unauthorized mining include directly visiting mining sites to issue warnings and enforce the law. 2) Internal challenges include uncooperative officers leaking information about enforcement plans, while external challenges involve difficult terrain leading to mining locations. 3) To address internal challenges, the West Pasaman Police investigates information leaks and takes action against uncooperative personnel, while to tackle external challenges, they work to cut off fuel supplies for unauthorized mining by conducting raids on illegal fuel.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27447 2025-03-21T04:55:28+00:00 Hendro Sukriono hendrosukriono@gmail.com

The legal basis for a decision to be released from all charges is contained in Article 191 Paragraph (2) of the Criminal Procedure Code on the release decision. Release decisions handed down to defendants who violate the provisions of the Environmental Law, the subject matter of this case is a release decision handed down to defendants who violate Article 92 Paragraph (1) letter B, Article 93 Paragraph (1) letter A, Article 93 Paragraph (1) letter B of Law of the Republic of Indonesia Number 18 of 2013 concerning the prevention and eradication of forest destruction which is punishable by a minimum imprisonment of 3 (three) years. Problem formulation: 1) How is the judge's consideration in Decision Number: 93/PID.B/LH/2023/PN PSB regarding release from all charges in environmental crimes? 2) What are the legal remedies against the judge's decision in the form of release from all legal charges in environmental crimes. This research uses a type of Normative Juridical legal research, legal data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques are carried out by literature study by reviewing the decision of the West Pasaman District Court judge. Data analyzed with qualitative analysis. The results of the research are 1) The consideration of the judge in Decision Number: 93/PID.B/LH/2023/PN.PSB is that the panel of judges juridically and nonjuridically considers the defendant's actions which are not criminal acts but civil acts on the issue of agrarian conflicts between the community and government policies in unresolved national strategic projects 2) The legal effort against the judge's decision in the form of release from all charges in environmental crimes is that the public prosecutor filed an appeal on the grounds that the judex facti of the District Court in deciding the case did not apply the rule of law as it should.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27451 2025-03-21T05:19:04+00:00 Cyta Sucy Marrismawati cytasucymarrismawati@gmail.com

The settlement of traffic accident cases refers to Police Regulation Number 8 of 2021, which allows the use of peaceful mechanisms (restorative justice) for accidents with material losses or minor injuries. At the Padang Police, restorative justice is applied even to serious accidents, even though it should be for minor accidents. The formulation of the problem in this study is: 1) How is the application of restorative justice in resolving traffic accidents at the Padang Police? 2) What are the obstacles faced by investigators in implementing restorative justice? This research is of a sociological legal nature with primary data from interviews and secondary data from criminal statistics. The restorative justice approach focuses on restoring the victim's losses, such as medical expenses and compensation for damages. Although effective for minor accidents, its application to serious accidents is often deviant. The obstacles faced include difficulties in reaching a compensation agreement between the perpetrator and the victim, as well as the perpetrator's inability to fulfill financial obligations.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27454 2025-03-21T05:27:57+00:00 Ine Sari Dewi inedewi22@gmail.com

West Sumatra Lung Hospital cooperates with third parties in the management of B3 waste which is implemented in a Cooperation Agreement between West Sumatra Lung Hospital as a service user and PT. Andalas Bumi Lestari and PT. Multi Hanna Kreasindo as Third Parties using a tripartite cooperation agreement system. The formulation of the problems discussed here are 1. How is the Implementation of the B3 waste management cooperation agreement between West Sumatra Lung Hospital and PT. Andalas Bumi Lestari as a B3 waste transporter, 2. How is the Implementation of the Cooperation Agreement Between PT. Andalas Bumi Lestari and PT. Multi Hanna Kreasindo in 2024 as a B3 waste destroyer from West Sumatra Lung Hospital. The research method uses sociological juridical data obtained through document studies and interviews. The results of this study are 1. analyzing the implementation of the cooperation agreement carried out by the House that delivers B3 waste to PT. Multi Hanna Kreasindo as a Third Party destroying B3 waste. 2. Tripartite agreement is an agreement made between three parties in one agreement that binds each party that agrees in a cooperation agreement and this agreement regulates the rights and obligations of the parties, both the Hospital as a producer of B3 waste and PT. Andalas Bumi Lestari as a transporter and PT. Multi Hanna Kreasindo as a destroyer of B3 waste.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27458 2025-03-21T05:44:19+00:00 Safaruddin Matondang dr_safaruddin@yahoo.com

Doctors as experts are needed in relation to the function of legal aid, where all efforts boil down to seeking the truth as far as humans can achieve. In this case, the assistance provided by the doctor is in the form of expert testimony as valid evidence (Article 185 of the Criminal Procedure Code, paragraph 1). On Friday 14 July 2023 at 12.00 WIB, there was a criminal act of sexual intercourse with a minor by a 27 year old perpetrator with the initials A against a 15 year old victim with the initials J located in Muara Bungo. The formulation of the problem raised is: 1) What is the role of midwifery expert witnesses in providing evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province?; 2) What obstacles do midwifery expert witnesses encounter in carrying out examinations for evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province?; and 3) What efforts have been made by midwifery expert witnesses to overcome obstacles in carrying out examinations for evidence at the investigation stage of cases of sexual violence against children in the jurisdiction of the Bungo Police, Jambi Province? This type of research was carried out using empirical research methods (Socio Legal Research). Primary data sources were obtained from interviews with informants and secondary data were obtained from document studies. The data analysis technique is an inductive method, namely a method that goes from the specific to the general. With the results, 1) the role of expert witnesses in the implementation of expert testimony by doctors runs in accordance with applicable statutory provisions, 2) the obstacles faced are the lack of cooperation of some of the victims' families in carrying out post-mortems or medical examinations and 3) the efforts made are by carrying out a more communicative and humanist approach by doctors towards patients.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27460 2025-03-21T05:52:34+00:00 Novia Wiranti noviawiranti84@gmail.com

Indonesian Ministry of Health Regulation K3RS serves as the primary guideline for the implementation of Hospital Occupational Health and Safety (K3RS). Periodic health check-ups in hospitals play a crucial role in preventing the spread of infectious diseases and maintaining the health of both medical and non-medical personnel. Research Objectives: 1) To analyze the implementation of the Regulation of the Minister of Health of the Republic of Indonesia K3RS on occupational health examinations in periodic health check-ups at RSUD Painan.2)To analyze the challenges faced by the Hospital Occupational Health and Safety Committee (K3RS) in implementing the Regulation of the Minister of Health of the Republic of Indonesia K3RS on occupational health examinations in periodic health check-ups at RSUD Painan.3) To analyze the efforts made by RSUD Painan to prevent challenges in implementing the Regulation of the Minister of Health of the Republic of Indonesia K3RS on occupational health examinations in periodic health check-ups at RSUD Painan.The research employs a socio-legal approach. .The research findings indicate that the implementation of this regulation is not yet optimal due to limited human resources, insufficient budget allocation, and inadequate supporting facilities. Additionally, healthcare workers' awareness of the importance of periodic health check-ups remains low. To address these challenges, RSUD Painan has developed clearer internal policies, systematically planned its K3RS programs, and enhanced the competence of medical personnel through training and certification.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27466 2025-03-21T06:06:41+00:00 Masya Yunis yunis.putrakoto15@gmail.com

Health workers have an important role to improve the quality of maximum health services to the community so that the community is able to increase awareness, willingness, and ability to live healthily, in accordance with the Preamble to the 1945 Constitution of the Republic of Indonesia. In providing services, sometimes faced with dissatisfaction so that medical disputes arise. From 2022 to 2024 there were 3 cases of medical disputes at the Padang Panjang City Hospital. Problem formulation: 1) How does the Padang Panjang City Hospital resolve medical disputes? 2) What are the obstacles faced by the Padang Panjang City Hospital in resolving medical disputes? 3) What efforts are made by the Hospital in resolving medical disputes? Type of sociological juridical research. Data sources: primary data and secondary data. Data collection through document studies and interviews, and analyzed qualitatively. Research results: 1) Resolution of medical disputes at the Padang Panjang City Hospital is carried out through deliberation between patients, patient families and the hospital to find a win-win solution. 2) Obstacles in resolving medical disputes are the absence of SOPs and HR in charge of medical disputes. 3) Efforts to create SOPs for resolving medical disputes and SOTK proposals for the Legal and Public Relations fields or sections that will be included in the Special Organizational Unit (UOBK) of Padang Panjang City Hospital.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27478 2025-03-21T06:48:27+00:00 Agusra Yulda ygusra@gmail.com

Banking crimes are regulated in Articles 46 to 50 A of Law Number 10 of 1998 concerning Banking. One type of banking crime is a criminal act committed by a person or legal entity who carries out banking practices without permission from Bank Indonesia or the Financial Services Authority. The problem formulation in this research is 1). How to implement restitution to victims of banking crimes through LPSK, 2). What are the obstacles faced by LPSK in implementing restitution for victims of banking crimes, 3). How efforts are made by LPSK to overcome obstacles in implementing restitution for victims of banking crimes through LPSK. This research is sociological juridical research, using primary data and secondary data, data collection techniques were carried out using document studies and interviews then analyzed using qualitative analysis. The results of this research show: 1). Restitution for victims of banking crimes through LPSK cannot be immediately distributed to victims, because the victims who applied for restitution through LPSK were initially 488 customers, but the court ordered the losses of all 6,193 customers to be returned, 2). Obstacles faced by LPSK: a). The number of victims and human resources in LPSK is not comparable, b). Restitution from the court decision exceeds the number of victims proposed by LPSK, 3). The efforts made by LPSK to overcome human resource constraints include utilizing human resources outside of restitution services.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27485 2025-03-21T07:02:56+00:00 Dendi Kurniawan dendik019@gmail.com

The provisions of Article 96 of the Law on the Establishment of Legislative Regulations stipulate that the public has the right to provide oral and/or written input in the formation of statutory regulations. In reality, the establishment of legislation often ignores public participation, one of which is the process of forming Law of the Republic of Indonesia Number 17 of 2022 concerning West Sumatra Province. This research is a sociological juridical legal research, with primary and secondary data, collected through interviews and literature studies. Data analysis was carried out qualitatively and presented descriptively qualitatively. The results of the study show: 1) The process of public participation in the formation of the Law on West Sumatra is non-participation. 2) Obstacles in improving the Law on West Sumatra are: lack of goodwill from the DPR-RI, no implementing regulations, communication barriers, differences in paradigms and proposed programs of the regional and central governments are not yet synchronized. 3) Efforts that can be taken to improve the Law on West Sumatra are: building goodwill, forming implementing regulations, building communication between the Regional and Central Governments, aligning paradigms on West Sumatra, including local wisdom as a national program.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27489 2025-03-21T07:09:12+00:00 Avisenna Avisenna lawyer.avisennash@hotmail.com

Advocates in Article 5 point 1 of the Law on Advocates give Advocates status as law enforcers who have an equal position with other law enforcers. The presence of advocates has received a different view among other law enforcers who ignore the role of advocates as legal advisors, as happened in the embezzlement case in the Padang City police. The presence of an advocate should be important to guarantee the rights of those in need. Problem Formulation 1. What is the role of legal advisors in accompanying clients in the Restorative Justice process in criminal cases of fraud and embezzlement? 2. What are the obstacles faced by legal advisors in accompanying clients in the Restorative Justice process in criminal cases of fraud and embezzlement? 3. How do legal advisors overcome obstacles in accompanying clients in the Restorative Justice process in criminal cases of fraud and embezzlement? Type of research: Socio-legal, Data sources: Primary and Secondary, Data collection techniques: Document Study & Interviews. Conclusions: 1. Legal advisors play an important role in providing legal advice, helping with documents and assisting them since they are named as suspects. 2. The obstacles found are different understandings between advocates and investigators in the process of assisting clients. 3. Establish active communication with investigators so that advocates and investigators are both law enforcers.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27513 2025-03-21T08:03:54+00:00 Ifdal Lillahi ifdal.aja@yahoo.com

Law Number 27 of 2022 concerning Personal Data Protection as a legal instrument guarantees the rights of individuals to their personal data. The state is responsible for ensuring the protection of personal data subjects from data leaks and providing protection for the rights of victims of personal data theft. Problem formulation 1) How is the legal certainty of personal data protection based on Law Number 27 of 2022 concerning Personal Data Protection? 2) What is the mechanism for restoring the rights of victims of personal data theft based on Law Number 27 of 2022 concerning Personal Data Protection? and 3) How will the law update personal data protection in the future? This study uses a normative juridical method with a focus on the study of positive legal inventory and legal systematics, using a statutory and conceptual approach, and analyzing primary, secondary, and tertiary legal materials through literature studies. Research results 1) Law No. 27 of 2022 has not fully provided legal certainty in guaranteeing the rights of every individual to their personal data. 2) Law No. 27 of 2022 in restoring the rights of victims of personal data theft is not optimal. Existing regulations only focus on administrative and criminal sanctions, while the protection and restoration mechanisms for victims' rights have not been comprehensively regulated. 3) Adaptive and responsive legal updates are needed to technological developments, including strengthening data processing regulations in the increasingly sophisticated digital world.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27514 2025-03-21T08:07:48+00:00 Riki Edwin bbh_proklamator1981@yahoo.com

Legal Protection for Patients is the fulfillment of Law Number 17 of 2023 concerning Health in Article 3 letter h, especially regarding referrals given to Patients in receiving health facilities as a result of the non-functioning of quality health services. Health facilities as providers in the health sector have an obligation to provide better health services. Problem formulation 1) How is the legal protection for Referral Patients in Hospitals in Padang City? 2) What are the obstacles faced by Patients to get Referrals at Hospitals in Padang City, 3) What are the efforts made by the Hospital to provide Referral Services to Patients?, The type of research used is sociological juridical, using primary and secondary data sources, data collection techniques by document studies and interviews and data analysis with qualitative analysis, data analysis is carried out in a qualitative descriptive manner. The results of the study are 1) Legal protection for Referral Patients at Padang City Hospital is still minimally carried out as a result of the malfunction of service procedures. 2) Obstacles faced by Patients to get Referrals at Padang City Hospital are limited by the Integrated Referral System (SISRUTE) network, waiting lists for referral patients. 3) Efforts made by the Hospital to provide Referral Services to Patients by a. improving the quality of the Integrated Referral System (SISRUTE) network, b. increasing the availability of health service rooms, c. improving supporting medical equipment facilities

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27519 2025-03-21T08:43:58+00:00 Sawirna Sawirna noviawiranti@rocketmail.com

Protection for victims of human trafficking is regulated in Law Number 21 of 2027 concerning TPPO, in addition to being regulated in the Law on Protection of Witnesses and Victims, and the Criminal Procedure Code. Victims of human trafficking who are employed as commercial sex workers in Padang City require protection from the Padang Police and the Padang City Social Service. In 2023, there was one case handled by the Padang Police. Problem formulation: 1) How is the legal protection for female victims of human trafficking who are employed as prostitutes? 2) What obstacles have been found by the Padang Police and the Padang City Social Service in providing legal protection for female victims of human trafficking who are employed as prostitutes? This research is a sociological legal research. Data sources consist of primary data and secondary data. Data were collected through interviews and document studies, then analyzed qualitatively. Research results: 1) Legal protection for female victims of human trafficking who are employed as prostitutes can be carried out through rehabilitation, coaching, psychological, and medical care; 2) Obstacles in the implementation of legal protection for female victims who are employed as prostitutes are greatly influenced by the victim's legal culture. Victims’ education and knowledge, as well as trust in the authorities influence victims’ actions. Victims do not want their cases to be investigated and processed because they feel ashamed.

2025-03-21T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27782 2025-03-24T06:56:57+00:00 Leonardo Leonardo dokterleonardo@yahoo.com

Re-autopsy is a re-examination of a previously autopsied corpse to obtain further clarity regarding the cause of death. The results of a re-autopsy of a corpse can be used as valid evidence in accordance with Article 184 of the Criminal Procedure Code, which stipulates that expert testimony or letters are one of the pieces of evidence in the criminal justice system. In practice, there are at least five prominent cases in Indonesia involving re-autopsy in the reinvestigation of unnatural deaths, including the death of Inspector General Octa (Jakarta), the case of the death of a mother and child (Bandung), Brigadier J (Jambi), AM (Padang), and one case in Maluku (process). The problems of this research are: (1) What are the medico-legal aspects in forensic re-autopsy of corpses due to unnatural deaths? (2) What are the legal obstacles in carrying out re-autopsy? This research used a socio-legal-research with a descriptive approach. Data sources consist of primary data obtained through interviews and participant observation. Secondary data was obtained through document studies. Data analysis techniques were carried out qualitatively with an inductive approach. The results of the study show that: (1) Re-autopsy can act as evidence in the investigation and trial process, especially in cases where new evidence needs to be confirmed with the condition of the corpse. (2) The main obstacles in carrying out re-autopsy include the absence of explicit regulations, technical limitations due to the condition of the corpse, and considerations of professional ethics.

2025-03-24T00:00:00+00:00 Copyright (c) 2025 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/27860 2025-03-25T03:21:22+00:00 Istyana Prelesamudra Perdamaian Iprelesamudra@outlook.com

Forensic odontology has an important role in supporting the criminal investigation process, especially in identifying victims found in conditions that make visual or fingerprint identification impossible, such as decomposition, burning, or mutilation. One of the main tools used is the odontogram, a dental record that contains the unique characteristics of a person's teeth. Based on Article 184 of the KUHAP and Article 13 of the Minister of Health Regulation No. 269 of 2008, the odontogram is legally recognized as part of expert testimony. Problem formulation: 1) What is the function of the odontogram in identifying crime victims in the criminal investigation process in Indonesia? 2) How is the odontogram used in identifying crime victims at the Kediri Police Department? Type of socio-legal-research. Data sources: primary data and secondary data. Data collection through questionnaires, document studies, and analyzed qualitatively and quantitatively. Research results: 1) The odontogram is legally valid and scientifically reliable as an identification tool, especially for decomposed or burned bodies. In the Kediri Police Department, only 2.9% of investigators have used odontograms, with 97.1% still relying on fingerprints. 2) Obstacles include the lack of antemortem dental data, lack of forensic dental experts, and absence of supporting infrastructure. Efforts are needed to integrate dental data into national systems, strengthen regulations, provide training, and increase public awareness regarding the importance of dental records.

2025-03-25T00:00:00+00:00 Copyright (c) 2025