In the viva voce proceeding held in FH UNS Hall on Tuesday (5/4/2022), Gerindra Party politician defended his Doctoral Thesis on “Building the Model of Law Enforcement for Hate Speech by Modernizing Criminal Accountability with Restorative Justice.”

The research was initiated by classical law enforcement problems that contain subjectivity in fulfilling legal materials for criminal offenses. Some cases also did not follow due process and were conducted merely as a formality. Subjectivity also exists in the element of the offense and is increasingly relevant in hate speech cases regulated in Law concerning Electronic Information and Transaction (UU ITE).

“The reason is monistic teachings which in practice make subjective or human elements secondary. As long as the objective element is deemed fulfilled, the fulfillment of the intentional element is considered complimentary,” the Doctorate Candidate explained.

Habiburokhman added that restorative justice is needed to solve issues caused by UU ITE to create a criminal law system that guarantees a fair legal system as mandated in Article 28D of the 1945 Constitution of the Republic of Indonesia. He argues that restorative justice is vital in the system to develop dualistic doctrine in law conception in implementing criminal law.

“Restorative justice applies to erase mistakes or criminal accountability,” he added.

Speaking from his experience defending a hate speech suspect, he thought that a hate speech legal proceeding causes non-uniformity of investigation, prosecution, and verdict. Moreover, Article 27, 28, and 45A of UU ITE contains multiple interpretations. For example, the ‘group phrase’ has no reference. “And research showed that prosecutors could not elaborate the element of error or intention that could be objectively defined in a case,” he explained.

His study suggested an update on Criminal Code (KUHP) to differentiate criminal action and criminal accountability. Hate speech definition in the current law also needs an update to eliminate multiple definitions of the term, and separate law to regulate restorative justice as a mechanism is needed. He added that the current criminal law in Indonesia is too focused on the perpetrators than on serving the interest of the victims through restorative justice.

Habiburokhman passed Cum Laude with a cumulative GPA of 3.77 out of a 4.0 scale for his defense and brilliant work. The defense was attended by the Deputy Chairperson of the People’s Consultative Assembly (MPR) RI and Gerindra Politician Ahmad Muzani. Humas UNS

Reporter: Y.C.A Sanjaya
Editor: Dwi Hastuti

The post Commission III DPR RI Member Graduated Cum Laude in Law Doctoral Viva FH UNS appeared first on Universitas Sebelas Maret.

If the People Consultative Assembly (MPR) RI amends UUD 1945 to postpone the election without the people’s agreement, Dr. Agus is concerned that political turmoil could occur. “Constitution amendment must not be arbitrary but must be based on people’s agreement. Why? Because the constitution is a fundamental component,” Dr. Agus stated in Forum Fristin TVRI on “Postponing General Election 2024?” on Wednesday (2/3/2022).

The idea of postponing the General Election 2024 came from one of the ministers and three political party leaders. The suggestion was shared because they consider that the Covid-19 pandemic has a significant impact on the nation’s economy and business. Therefore, it is wise to postpone the election until the condition stabilizes. On the other hand, the House of Representatives, executive board, and election board had decided that a general election for President and Vice-President, and parliament members at the central and local governments, will be held on Wednesday, 14 February 2024. The agreement was ratified in the meeting held in Nusantara Building, Senayan, Jakarta, Monday (24/01/2022).

Scheme for Election Postponement

Dr. Agus shared the formal and informal schemes that could be taken to postpone the election. The formal scheme could be taken through an amendment of UUD 1945, while the informal scheme could the taken through a judicial review by the Constitutional Court (MK). “Judicial review in MK could define the definition of the certain constitution to follow the current condition. For example, people could probe Article 167 paragraph 1 UU No.7/ 2017 to define if it is allowed to hold (election) not once every five years,” he added.

Although the opportunity exists to postpone the general election, Dr. Agus stated that the implementation would be challenging, especially if the formal approach is taken. Postponing election means that the nation should consider the end of tenure for all parliament members and president and vice-president. There is also a need to determine an institution that holds the authority to extend the tenure of these public officers. Suppose the power to extend the tenure is given to MPR. Therefore, the constitution that regulates the state institutions also needs amendment because currently, MPR authority covers amendment of the constitution and inaugurates the president and/or vice president.

He also emphasized the difference between postponing an election and giving a third period for the government. Since postponing the election does not mean that the president and vice president would serve for three periods. “It needs to explain the state condition when the leaders have completed their offices. The law must regulate how the constitutional law regulates leaders who have completed their services,” he explained. Humas UNS

Reporter: Y.C.A. Sanjaya
Editor: Dwi Hastuti

The post UNS HTN Expert on Election Postponement: Follow People’s Will appeared first on Universitas Sebelas Maret.

Nurul Arifin stated that before her death, Maura could not sleep following the preparation of her graduation ceremony in an Australian University, stress, and dropped health condition. Responding to the news, the cardiologist of Universitas Sebelas Maret (UNS) Surakarta Hospital, Habibie Arifianto, dr., SpJP (K)., M.Kes., explained that Maura’s case is commonly caused by genetic factors. He added that cardiac arrest is mostly caused by a disturbance in the electricity activities in the heart that could lead to fatal rhythmical disturbance causing loss of consciousness and even death.

“Cardiac arrest is fatal because when it occurs, the heart’s function to pump blood to the body stopped,” dr. Habibie stated to uns.ac.id on Wednesday (26/1/2022). This could stop the oxygen supply to the brain and other body organs, fatally, to the heart muscles. “When fatal heart rhythm disturbance occurs, there are only a few seconds until the patient shows symptoms, usually loss of consciousness, seizure, and collapse,” he added.

External heart massage could be done to help people who are experiencing rhythmical disturbance to help the patient recover their blood circulation and gain consciousness. But when nobody can perform the massage, the disturbance will continue, and the patient has slim chances to recover.

The Danger of Fatigue for Heart

dr. Habibie explained that Maura’s condition, according to her mom, could trigger the activities in sympathetic nerves responsible for increasing electricity activities in the heart, leading to fatal rhythmical disturbance in the heart. Cardiac arrest is different from heart attack because heart attack is caused by a blockage in blood vessels and causes terrible chest pain. In comparison, cardiac arrest is caused by fatal rhythmical disturbances caused by numerous factors, heart attack, genetic factors, and heart failure.

“Cardiac arrest is usually more deadly than heart attack,” dr. Habibie added.

However, cardiac arrest in young people is a rare condition, especially caused by rhythmical disturbances. He added that several genetical conditions could lead to sudden cardiac arrests, such as Brugada syndrome, Long QT syndrome, and hypertrophic cardiomyopathy.

Cardiac Arrest Handling

Due to its fatality, a cardiac arrest requires serious assistance. People witnessing a cardiac arrest need to ask the medical team to provide an Automatic Electrical Defibrillator (AED), which is widely available in public places such as an airport or shopping centers. While waiting for medical support, people could help with an external massage or heart resuscitation. Therefore, it is vital to teach the community basic life support and the stakeholders to provide AED.

For the preventive steps, people with family records of sudden death at young age or often loss of consciousness should take a screening with cardiologists. “To find the possibility of heart rhythmical and structural problems that could lead to cardiac arrest in the future,” he concluded. Humas UNS

Reporter: Y.C.A. Sanjaya
Editor: Dwi Hastuti

The post Cardiac Arrest in Young People: Explanation from UNS Hospital Cardiologist appeared first on Universitas Sebelas Maret.

Prof. Djoko also considers that the current accountability had shifted from financial accountability into public accountability, which involves many factors such as social factors. Humas UNS

Reporter: Alinda Hardiantoro
Editor: Dwi Hastuti

The post FEB UNS Establish a Partnership with Indonesia House of Representative Expert Board appeared first on Universitas Sebelas Maret.