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Abstract Topic: Law, Police and Forensic

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Age estimation based on maxillary molar using two equations of average stage of attrition (ASA) in Deuteromalayid from Java
Armae Dianrevy (a), Dian Artanty (a), Ledy Ana Zulfatunnadiroh (a), Rachmadita Yoga Pratiwi (a), Myrtati Dyah Artaria(b*)

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Corresponding Author
Armae Dianrevy

Institutions
a) Forensic Science Study Program, Post Graduate Studies, Universitas Airlangga, Surabaya.
b) The Departement of Anthropology, FISIP, Universitas Airlangga, Jl. Airlangga 4-6 Surabaya 60286, Indonesia
*myrtati.artaria[at]fisip.unair.ac.id

Abstract
Teeth are the strongest tissue in human body. They are not easily damaged even in a very long time. Daily mastication using the teeth causes attrition or tooth-wear. Estimating chronological age in forensic cases may be based on the dental attrition. The purpose of this study is to compare age estimates using regression equations based on the average stage of attrition (ASA) in Deuteromalayid skulls from Java who lived in early 1900s. The study was conducted by observation, scoring maxillary molar in 13 samples that have information of age. The average age of the sample was 35.38 years. The age of the individuals tends to be younger when we use the first regression equation. Using the second regression equation, the age tends to be older. When we calculate the average using the two equations, it was 27.22 years, and 40.78 years. People around the world use their teeth differently, and have different culture of food processing. This may result in differences of the degree of attrition. We suggest that we should use the regression equation from a different population cautiously, because it may result in inaccurate estimate of chronological age.

Keywords
age estimation, average stage of attrition, attrition, postmortem, forensic anthropology

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/3MR9rfa6NkBL


Analisis of blood type assessment by absorption - elution methods on nail sample in the forensic case
Kurniawati, S.Si (1) and Krisnawan Andy Pradana, S.Si (2)

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Corresponding Author
Kurnia Wati

Institutions
1. Departement of forensic science, postgraduate school, Airlangga university
2. Departement of anatomy and histologi, faculty of medicine, Airlangga university

Abstract
A nail is a hard-structure-keratin that is specialized to protect the distal dorsal part of the fingers and toes. In most forensic cases, the presence of nails in a crime scene is often used as one of the clues in the initial identification process, which is in serological examination (blood group determination). In fresh blood samples or blood sports, antigens A and B are located on the red blood Cell membrane while in the nail sample both antigens are located at the bottom of the nail plate. The difference in location of the antigen does not affect the determination of the ABO blood group. Following a test conducted by the usage of fingernails as source material, of the 25 respondents who were taken samples of their nails and then carried out absorption-elution examination. It was found that more than 90% of the test results had a matching blood type as the respondents blood type. Thus, it is concluded that nails can be used as an alternative source for determining blood groups in humans other than using blood or hair.

Keywords
Forensic, blood type, nail, absorption-elution

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/wUpKRdEhkqnZ


Autopsy Findings on The Hanging Body Suspected Murder: A Case Report
Muhammad Afiful Jauhani (a*,d,e), Ahmad Yudianto (b,c), Ariyanto Wibowo (b), Simon Martin Manyanza Nzilibili (c,f)

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Corresponding Author
MUHAMMAD AFIFUL JAUHANI

Institutions
a) Resident of Forensic Medicine and Medicolegal Specialist Program, Faculty of Medicine, Universitas Airlangga
*afifuljauhani[at]gmail.com
b) Department of Forensic Medicine and Medicolegal, Faculty of Medicine, Universitas Airlangga
c) Forensic Science Program, Postgraduate School, Universitas Airlangga
d) Postgraduate Student, Faculty of Law, Universitas Hang Tuah
e) Faculty of Medicine, Universitas Jember
f) Ministry of Health, Community Development, Gender, Elderly and Children; Dodoma – Tanzania

Abstract
In some cases of unnatural deaths, especially hanging corpses, investigators need help from forensic pathologist to determine whether the deaths are due to suicide or camouflaged murder. The latter can happen because murderer can manipulate the victims condition to looks like a suicide for unsuspecting investigators. A 28-year-old man was found dead in his room in a hanging position. His hands and mouth were covered by duct tape and a headset was attached to his ears. The tied rope resemble a hangmans knots. At the beginning, investigators considered it was a suicide case. On external examinations, some peculiarities were found, postmortem hypostasis on the back, several bruises, abrasions on the cheeks, inner lips, and the duct tape on the hand. At autopsy there were some signs of asphyxia in the internal organs, hematoma on the scalp, and fractures on hyoid. Histopathologically, no intravital sign of hyoid bone fracture was found. In the case of hanging corpse, it is necessary to think of the possibility of a murder camouflaged as a suicide event. In cases of suicide there are usually no injuries such as bruises, abrasions, and scalp hematoma. If the body has been suspended in the vertical position as in suicidal hanging, hypostasis will be most marked in the legs and hands. The absence of intravital sign in hyoid fractures is less likely to occur in suicide. Based on the findings of external examination and autopsy, the case was allegated as a murder.

Keywords
hanging, murder, autopsy

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/qBNt9f7gWVCK


CLURIT WOUND STRAIGHT TO THE HEART: A CASE REPORT
Deka Bagus Binarsa (a*,c), Ahmad Yudianto (b,d), Thathit Bimo Tangguh Setiogung (a)

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Corresponding Author
Deka Bagus Binarsa

Institutions
a. Forensic Medicine and Medicolegal Specialist Program (PPDS), Faculty of Medicine, Universitas Airlangga.
*dekaworkmail[at]gmail.com
b. Department of Forensic Medicine and Medicolegal, Faculty of Medicine, Universitas Airlangga.
c. Faculty of Medicine, Universitas Muhammadiyah Malang
d. Forensic Science Program, Postgraduate School, Universitas Airlangga.

Abstract
Crimes against someone lives in Indonesia are still above a thousand cases per year. One of these murder that occurred due to sharp violence. Clurit (a local sickle shaped weapon with sharp side inside the curve and dull side at otherside) is used by farmers in Indonesia to find grass as cow fodder, but it can also be used to injure other people and cause chop wounds. Chop wounds require objects that are rather sharp/ sharp, heavy in mass, and need to be swung with medium or high energy to cause it. Investigators ask the doctor to do an autopsy. At the autopsy, the doctor found a big wound was on the chest and appeared to pierce through the bone to the chest cavity. The heart covering membrane is cut off to the back side. The heart of this victim is found rupture, and split parallel to the mitral-tricuspid valves. The cause of this person death due to damage to the heart by murder.

Keywords
local weapon, heart, rupture, autopsy.

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/BvN9Rx78PnYz


Computational Analysis on Cannabis (Drugs) Derivative Compounds: Molecular Geometry, UV-Vis Spectra Modelling and IR Spectra Modelling
Chairil Anjasmara Robo Putra (a*) and Muhammad Ikhlas Abdjan (b)

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Corresponding Author
Chairil Anjasmara Robo Putra

Institutions
a) Post Graduate School, Airlangga University
Jl. Dharmawangsa 30, Surabaya 60286, Indonesia
* chairil.anjasmara.robo-2018[at]pasca.unair.ac.id
b) Faculty of Science and Technology, Airlangga University
Jl. Mulyorejo, Surabaya 60115, Indonesia

Abstract
The optimization of molecular geometry, UV-Vis spectra modelling and IR spectra modelling on cannabis (C1-C8) derivatives had been done computationally by using Gaussian applications. The geometry optimization of cannabis compound derivative molecules was carried out by using the semi-empirical PM3 method and the data parameters were measured in the form of total energy, molecular length, charge distribution and dipole moments. Each derivative of cannabis compounds showed results of optimal geometry with stable energy. Modeling of UV-Vis spectra of cannabis derivative compounds was carried out using the semi-empirical PM3 method with the TD-SCF approach. The adsorption in the ultraviolet region with wavelengths 249.30 nm-277.34 nm and oscillator strengths > 0.1 had shown in the result. The largest gap energy price, C2 compound of 0.33870 eV with electron excitation at MO 63→64 was showed in computational simulation. The determination of thermal energy is simulated on the ideal gas state with the highest thermal energy prices found in C1 compounds of 320.664 kcal/mol. IR spectra modeling simulation had shown a good enough suitability between simulated frequency calculated (cm-1) and the literature frequency (cm-1).

Keywords
Cannabis derivatives, molecular geometry, UV-Vis spectra, IR spectra

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/UXq8VKPCJthg


CONTROL OF SAFE, QUALITY, AND NUTRITIVE FOOD AS A FORM OF STATE RESPONSIBILITY IN FULFILLING THE HUMAN RIGHT TO HEALTH
Addinul Haq Yaqub (a*), DR. Lilik Pudjiastuti, SH., MH (b).

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Corresponding Author
Addinul Haq Yaqub

Institutions
a) Law Faculty of Airlangga University, Jalan Dharmawangsa Dalam Selatan, Surabaya, Indonesia
dinulhaq713[at]gmail.com
b) Law Faculty of Airlangga University, Jalan Dharmawangsa Dalam Selatan, Surabaya, Indonesia

Abstract
Food and beverages that are safe for human health is one of the sub-systems in the National Health System and the second goal of Sustainable Development Goals (SDGs), which are ending hunger, achieving food security and improving nutrition, and encouraging sustainable agriculture. In achieving this goal, the government issues the marketing licenses for food and beverage products before they are circulated and consumed by the public. In reality there are several food and beverage products that have been circulated and consumed by the community that fails to meet the safety, quality and nutrition requirements, the presence of these foods and beverages can have an impact on public health. Regarding the above conditions, the central and regional government that having mandate in the obligatory issues in the health sector have a responsibility in controlling food and beverages for their citizens. This article aims to analyze legal instruments used by the central and regional government in controlling the circulation of food and beverage products as a form of state responsibility in providing security and health for the public. This article is using a normative juridical approach, that is, applying laws and regulations and conceptual responsibility of the State for the fulfillment of human rights, especially in controlling food and beverages.

Keywords
Government responsibility; authority; marketing permit; food security; human right to health.

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/4HkGvPMX8KWQ


CRIMINAL TAX POLICY ON ENVIROMENTAL CASES IN INDONESIA
SARWIRINI (a*), INDRAWATI (b)

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Corresponding Author
Sarwirini Sarwirini

Institutions
(a) FACULTY OF LAW, UNIVERSITAS AIRLANGGA, Dharmawangsa Dalam Selatan, 60286, Surabaya
(b) FACULTY OF LAW, UNIVERSITAS AIRLANGGA,
Dharmawangsa Dalam Selatan, 60286, Surabaya

Abstract
Tax policy on recovery of natural resource destruction has not been clearly governed in Indonesia. In fact, the taxpayers who involved in destructing natural resources should be held responsible for the recovery efforts in each environmental law cases that have criminal law implications. The penal aspect in preventive action aiming to prevent further damage of natural resources must be done. Thus, it needs integration between penal and non-penal policy as well as legal protection to the landowner and the state. This paper focuses to discuss the penal and non-penal aspect in tax regulations and its implementation of environmental law. It also focuses on legal protection to prevent further destruction of natural resources as well as the recovery of the environment. It is a normative legal study accompanies with a conceptual approach. This research aims to provide policy recommendation to revise tax regulations relates to environmental case law. So as the enforcement of tax law can be optimized in order to prevent the destruction of the environment and its recovery through administrative sanction and criminal law.

Keywords
administrative, environmental, natural resources, taxpayer, penal

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/gCrzwqKt7GFv


Escalating Indonesia Role on Global Shipping Safety post the Proposal of Traffic Separation Scheme on Sunda Strait adopted by IMO Maritime Safety Committee
A Indah camelia

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Corresponding Author
A Indah Camelia

Institutions
Faculty of Law - Universitas Airlangga

Abstract
Sunda Straits can be regarded as one of the waters that has a significant traffic density of vessels which serves national and international voyage. Based on data, about 53,068 ships sailed through the Strait in 2016. Because of the reason, a scenario of traffic separation scheme (TSS) is required to ensure safe shipping on the strait. Sunda strait is a one of the significant point of Indonesia first archipelagic sea lane passage (ALKI-1), therefore it very important for Indonesia to actively contribute to manage the strait to protect Indonesia interest such as : national security, voyage safety, marine protection and tourism. At the end of 2018, IMO agreed to adopt the TSS proposal on Sunda and Lombok strait provided by Indonesia in June 2019 by IMO Maritime Safety Committee (MSC). Consequently, Indonesia will actively manage the traffic for international purposes meanwhile protecting Indonesia interest. However, to imply the plan Indonesia need to provide a big commitment, such as; legal instrument, infrastructures and facilities that are need to well-maintain for 24/7. And the paper will present a deep analyse on the law of the sea aspect, regarding the beneficial for Indonesia and possible challenge that will arising on the future.

Keywords
archipelagic sea lane passage, Sunda Strait, traffic separation scheme, Maritime Safety Committee

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/3JZPjdz8ReAH


FK CRIMINAL RESPONSIBILITIES THAT HAVE A FACEBOOK ACCOUNT AND USED BY HER HUSBAND TO DISTRIBUTE PORN MOVIES REVIEWED FROM LAW NUMBER 19 OF 2016 CONCERNING CHANGES TO LAW NUMBER 11 OF 2008 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS
Monantika Fatanahsari

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Corresponding Author
Monantika Fatanahsari

Institutions
Postgraduate School Universitas Airlangga

Abstract
This research aimed analyzing whether the actions committed by FK as the owner of a Facebook account who gave the password of her account to her husband (AS), and the account was used by her husband to distribute porn movies at the home of her Facebook account. Her (FK) Facebook account contained several posters and movies which have contents which violate decency as regulated in the Article 27 Paragraph (1) jo. Article 45 Paragraph (1) Law Number 19 of 2016 concerning changes to Law Number 11 of 2008 on Information and Electronic Transaction. Her (FK)action could be qualified as a form of assistance which is regulated in Article 56 sub 2 of the Criminal Code. Considering the use of her (FK) Facebook account was as a means of committing a crime and was approved by FK as the account owner by giving the password to her husband.

Keywords
Facebook, Distributing Porn Movies, Form of Assistance

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/6kcjNMztUg4F


Gunshot Wound Identification In Wild Orangutan (Pongo pygmaeus) Shooting Case Study In Teluk Pandan Village, East Kutai, East Kalimantan Using Forensic Radiology Approach
Kharina Waty

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Corresponding Author
kharina waty

Institutions
Postgraduate School Universitas Airlangga, Surabaya, Indonesia

Abstract
Orangutan (Pongo pygmaeus) is one of the great apes endemic to Kalimantan and Sumatera in Indonesia. According to IUCN, the conservational status of Pongo pygmaeus is critically endangered species. Non-government organization stated that many cases of orangutan shooting causes deaths of orangutan. However, specifically in orangutan shooting cases in Indonesia, classification of shooting wound and estimation of shooting range are rarely reported in publications. A case occurring in Teluk Pandan Village, East Kalimantan reported one male orangutan died after being shot by 130 bullets counted via radiograph. This case study was based on autopsy report, radiograph result, interview and direct observation of shooting wound by a veterinarian. According to the autopsy result, 48 bullets out of 130 were successfully removed from all over the body from an accumulation of shooting for approximately one month. In this case, the classification of entrance wound, and firing distance estimation is long-range wound/distant gunshot wound) with 130 bullets approximately > 1 m with thickened abrasion ring on the face with dark red blood flowing without powder tattooing.

Keywords
Orangutan; X-ray, Forest; Extinction; Endemic

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/fCa3D7bMtLZ2


IDENTIFICATION OF MUTILATED BODY; A CASE REPORT
Renny Sumino (a*); Tutik Purwanti (b); Soekry Ervan Kusuma (a); Muhammad Afiful Jauhani (a, c)

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Corresponding Author
Renny Sumino

Institutions
a) Departement of Forensic Medicine and Medicolegal, Faculty of Medicine, Universitas Airlangga-Dr Soetomo General Hospital
*rennysumino4n6[at]gmail.com
b) Kediri Bhayangkara Police Hospital
c) Postgraduate Student, Faculty of Law, Universitas Hang Tuah

Abstract
Mutilation have increased in prevalences. It still become a challenge for forensic pathologist and legal practitioner. Forensic pathologist must be able to identify victims identities and assist criminal investigators in determining the causes and mechanisms of death for law enforcement efforts. Criminal investigators will ask assistance from forensic pathologist to examinate the bodies according to article 133 paragraph 1 of the criminal procedure law. In early March 2019, Blitar was horrified by the discovery of a headless body packed in a suitcase. Eight days after the discovery of a headless body, a head without bodies was found on a river in Kediri. From DNA analysis it can be ascertained that the body part is a 28-year-old male who was decapitated at the base of the neck which was confirmed by matching the wound to each mutilated part

Keywords
identification, mutilation, mutilated body

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/Xp8mrvQezPjM


LEGAL PROTECTIONS AGAINST CREDITORS DUE TO THE ONLINE CREDIT SYSTEM WHICH IS A BANKING PRODUCT
Devy Iziana Pradini; Izzi Zya Hariyadi, Hasbi Ariski

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Corresponding Author
Devy Iziana Pradini

Institutions
Airlangga University, Master of Notarial Law

Abstract
The development of technology in this very dynamic era of globalization makes everything done easier, faster and more efficiently. Shopping that used to be done face to face, can be done online, there are lots of online shopping offers that can be selected and used by the community. After this online shopping exists, online credit also appears. In the banking world, credit is usually submitted by prospective debitors to the bank face-to-face, but now there is no need for prospective debitors to meet face-to-face, all credit matters can be given out by simply downloading the application provided then credits can be submitted. The convenience offered by this internet convenience, which makes the role of banks that functionality to collect and channel funds in the community easier. Online credit, which is a new facility owned by banks, has made banks more careful in applying the precautionary principle, so that banks as creditors are not wrong in giving credit to prospective debtors because they are still strict in implementing the 5C principle in banks.

Keywords
Creditors; Online Credit, Banking

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/vXj6dcBfAqZN


MARK REGISTRATION CERTIFICATE AS FIDUCIARY TO SUPPORT FINANCING FOR SMALL AND MEDIUM INDUSTRY
Agung Sujatmiko

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Corresponding Author
agung sujatmiko

Institutions
Faculty of Law airlangga University

Abstract
MARK REGISTRATION CERTIFICATE AS FIDUCIARY TO SUPPORT FINANCING FOR SMALL AND MEDIUM INDUSTRY Abstract Agung Sujatmiko* Email : agung.sujatmiko@fh.unair.ac.id agung_sujatmiko@yahoo.com Legal protection for mark in Indonesia is regulated under Law no. 20 of 2016 concerning Marks and Geographical Indication. Such protection shall commence once the mark is registered, for which a mark registration certificate is issued. Mark registration certificate is legally regarded as the most definitive evidence of rights when it comes to the proprietorship of a mark. As a valuable document, mark registration certificate has the economic value to be used as collateral for debts. Mark registration certificate characteristically suits the fiduciary purpose, which requires the debtor to assign to the creditor legal proprietorship of movable and immovable assets, tangible or intangible. Registered mark rights is intangible asset and is transferable to any other party through assignment agreement. One of the acceptable agreements is fiduciary agreement. This research shall discuss several problems with mark registration certificate as fiduciary, for instance concerning appraisal of its economic value, as well as to legal seizure in the case of loan default. Apart from those above, further potential risks and dispute settlement thereof will also scrutinized in this paper. Those problems shall be analyzed using deductive approach, taking from more general concept towards more specific one. In the end, this research shall result in a legal fact that registered mark rights is suitable as fiduciary. This will be important for debtors, particularly those who are small and medium enterprises so as to increase their competitiveness in the market. *Assosiate Profesor Faculty of Law, Airlangga University

Keywords
mark rights certificate, collateral, fiduciary, small and medium enterprises

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/hWK6zHB3bUve


Mixture formula of cadaver preservatives as a media to preserve muscles and skin structure for teaching in Faculty of Medicine Universitas Brawijaya
Eriko Prawestiningtyas (a*), Obed Trinurcahyo KP (b), Pedro Gonzales Agung RW (c)

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Corresponding Author
Eriko Prawestiningtyas

Institutions
a) Departement of Forensic Medicine and Medicolegal Faculty of Medicine Universitas Brawijaya-Saiful Anwar General Hospital
Jl. JA Suprapto 2 Malang
* ep_4n6[at]yahoo.co.id
b) Departement of Anatomy Faculty of Medicine Universitas Brawijaya
Jl. Veteran 2 Malang
c) Medical Study Faculty of Medicine Universitas Brawijaya

Abstract
Formaldehyde were well known as a preservative liquid for long time ago. Especially for medical student, formaldehyde have an important part in helping them to learn of human anatomy. The use of formaldehyde it self as an embalming fluid also causes several symtoms in students. In order to decrease several negatives symptoms of formaldehyde in cadaver, Departement of Forensic Medicine and Medicolegal Faculty of Medicine Universitas Brawijaya-Saiful Anwar General Hospital has long developed an embalming mixture especially to preserve the structure of muscles and skin without no strong odor of formaldehyde, poignant and no hard consistency of cadaver. The mixture contain of formaldehyde, glycerin, alcohol, water and a few of parfume. For teaching purposes, no hard consistency and no strong odor of cadaver became most important to make the similar condition to the patient or fresh cadaver. This study use the quasi experimental design with randomized group post test only design. Used 40 rats and divided into 8 groups, 4 groups consist of positive control, treatment 1, 2 and 3 with 11.3%, 6.72% and 3.7% formaldehyde also combine with submersion, 4 other groups consists of 4 groups before without submersion. Both the embalming liquid which injected transcardial to the remains and submerged were same solution. A week after the injection and or submersion, necropsy were performed and kept for one month. Examination of the discoloration, odor production and muscle and skin structure performed. The non parametric statistic resulted significant difference between treatment 1 and 2 with submersion to treatment 1 and 2 without submersion in muscular color, odor and structure. Significant difference also showed for muscular color between treatment 1,2 and positive control. Thus can be concluded that mixture formula of Departement of Forensic Medicine and Medicolegal Faculty of Medicine Universitas Brawijaya-Saiful Anwar General Hospital could preserve cadaver muscle color and preserve structure of histological appearance of muscle and skin.

Keywords
cadaver, formaldehyde, preservation, preservatives

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/TCEZbFzfMQVq


Open Globe Injury Due to Blunt Eye Trauma, a forensic case report
Pagatiku, Abigael S.; Yudianto, Ahmad

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Corresponding Author
Abigael Pagatiku

Institutions
Department of Forensic Medicine and Medico Legal of Medical Faculty Airlangga University – Dr. Soetomo Surabaya General Hospital

Abstract
Eye trauma is a major cause; about 30-40% of monocular blindness worldwide. Open globe injury is a severe form of eye trauma. The incidence rate of the open globe injury was estimated to be 3,5 per 100.000 persons per year. Open globe injury is injury to the cornea or sclera, usually result of penetrating eye trauma. We present a case report about A 18 years old man present to the Emergency Department for evaluation of right eye pain, bleeding and could not see after being punching on the face by some strangers on the street, tree hours prior to arrival. Finding in physical examinations; bruises on the right eye with painful bloody blind eye, sclera laceration and choroid prolapse. CT Scan : rupture injury bulbi oculi dextra with proseptal soft tissue haematoma. A case of determining the qualifications of injuries in Visum et Repertum which the depends on ophthalmologist examination. The injury causes blindness in one eye so that it is categorized as “serious physical injury” which is regulated in article 90, article 351 and article 354 of the Penal Code of Indonesia.

Keywords
Keyword: blunt violence, eye trauma, penal code of Indonesia

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/XAwPvpFD826u


Pet Inheritance in Indonesia Legal Perspective
Fitri Nur Amalia (a*), Baren Valentino (b), Marsella Tridarani (c)

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Corresponding Author
Fitri Nur Amalia

Institutions
a) Faculty of Law, Universitas Airlangga, Dharmawangsa Dalam Selatan, Airlangga, Gubeng, 60286 Surabaya, Indonesia
b) Faculty of Law, Universitas Airlangga, Dharmawangsa Dalam Selatan, Airlangga, Gubeng, 60286 Surabaya, Indonesia
c) Faculty of Law, Universitas Airlangga, Dharmawangsa Dalam Selatan, Airlangga, Gubeng, 60286 Surabaya, Indonesia

Abstract
Inheritance is a legal event that devolution of property on a heir or heirs upon the death of the inheritor, which the property of the inheritor include assets and liabilities by the law inherited to the heirs who are lineage directly (ab intestato) or who are mandated to accept the inheritance through a will. Nowadays, the heirs do not only originate from the lineage of the inheritor, but also through a will that can be directed to another party outside the testators lineage to receive portions of inheritance or property from the testator. In the development and debatable issue that pets can be appointed as heirs through a will to receive a part or all of the testator-s wealth. Certainly in a legal perspective, inheritance directed at pets is unreasonable even though in a psychological perspective it is generally understood that testator and pets as heirs have a strong emotional ties, but in the concept of legal subjects especially in a legal perspective in Indonesia, pets are not included in the category of legal subjects in the legal system of Indonesia. Therefore this issue will be discussed further with the perspective of civil law in Indonesia to explain why inheritance directed at pets is considered unnatural and not acceptable.

Keywords
Inheritance, Testator, Heir, Pets

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/4gZKYt6DTW2w


Post Ratification of Maritime Labour Convention 2006 in Indonesia: How National Shipping Industry Struggling to Comply
Dr. Lina Hastuti., S.H., M.H. (a) Dr. Enny Narwati., S.H., M.H. (b) A. Indah Camelia, S.H., M.H. (c)

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Corresponding Author
A Indah Camelia

Institutions
Faculty of Law - Universitas Airlangga

Abstract
On 2016, Indonesia ratified Maritime Labour Convention (MLC) 2006 into force by Act No.15/2016. Consequently, the convention become legal source for minimum standard treatment for seafarer who involved in shipping industry in Indonesia. The convention known as “the bill of rights of seafarer” clearly declared the obligation of employers and contracting states to comply certain condition set up by the MLC 2006. Therefore, at August 2018, the Director General of Sea Transportation issued a regulation NO.: HK. 103/3/ 13/DJPL-18 regarding the Procedure of Certification for seafarer according to MLC 2006. The rules lead to a new challenge for national shipping industry to maintain their business on track, when a certain capital investment required to comply with MLC 2006. Indeed, Data from the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI) shows that 80% of Indonesian migrant workers identified as seafarer. Then it found some of them receive less than minimum standard based on their contracts. Before MLC 2006, the law instrument to protect the seafarers rights as labour govern by sectoral rules, such as : Merchant Shipping (Minimum Standards) Convention, 1976, Seafarers Hours of Work and the Manning of Ships Convention, 1996, etc. On the other hand, Indonesia government never has particular regulation concern for seafarer, consequently the protection provide by government for these worker very minimum.

Keywords
MLC 2006 (Maritime Labour Convention), seafarer, comply

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/8BVXDcYLkPAR


Rest in Peace BlackBerry Messenger: How the Company Should Keep Up With the Consumers Digital Rights
Dian Purnama Anugerah (a*); Masitoh Indriani (b)

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Corresponding Author
Masitoh Indriani

Institutions
(1) Department of Private Law, Faculty of Law, Universitas Airlangga
* dian.purnama[at]fh.unair.ac.id

(2) Department of International Law, Faculty of Law Universitas Airlangga
masitoh[at]fh.unair.ac.id

Abstract
Messaging apps transmit messages in a set of communication technology between two or more participants over the types of networks or the Internet. Some of messaging apps are equipped with end-to-end encryption to protect consumer-s valuable data. End-to-end encryption is intended to make information unavailable to third parties. This encryption resulted when two or more devices are communicating via an app, the information will be transmitted using a secret code rather than insecure plain text. Based on the Electronic Frontier Foundation report, only 7 out of 39 instant messengers have adequate in providing user privacy. January 2018, Statista released that there are 63 million active users of BBM in Indonesia. In contrast, in May 31st 2019, EMTEK announced to stop BBM services globally. Many studies found that BBM failed to keep up with the market. On the other hand, the company keep offered its exclusivity rather than to make innovations. As a result, the doom of BBM services finally has come to an end. This paper draws on the failure of BBM in the context of how the company protects consumer-s rights. One of the consumer-s rights is the right to comfort and safety in consuming goods and / or services. On the issue BBM shutdown services, the most important thing for consumers is the existence of their personal data uploaded to the BBM server. This paper will discuss on how should messaging apps deal with users- data after their service is no longer exist and what are the measure can be taken by authority to ensure that data are deleted properly in order to protect consumers and fulfillment of their rights.

Keywords
BBM; Consumer Protection; Data Protection

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/JTZP9WYDhye8


Significance of Diatome Findings in a Rotting Body Suspected Drowning (Case Report)
Thathit Bimo Tangguh Setiogung (a,b), Ahmad Yudianto, (a) Deka Bagus Binarsa, (a)

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Corresponding Author
Thathit Bimo Tangguh Setiogung

Institutions
(a). Forensic Department of Airlangga University Surabaya
(b). Forensic Department of Soeroto Hospital Ngawi

Abstract
Drowning events occur when a person sinks into a liquid which is sucked through the airway and then goes into the alveoli of the lungs. Diatome is a water plant that is inhaled into the alveoli when the victim sinks. The certainty of drowning in a sinking body that has not decayed will be found diatome on the examination of lung sap. Examination of lung sap is no longer effective on decomposed bodies. The discovery of a diatome in a decomposing body in the femur bone marrow will greatly help diagnose the person drowning or not. The type of diatome found in the bone marrow of decayed bodies which was examined later compared to the diatome found in the place of the corpse was found. This has an important meaning in determining whether the corpse died drowning in the place where the body was found or died elsewhere. In this case the diatome was found in the examination of acid destruction in the femur bone marrow, the victim drowned in the brantas river which strengthened the proof that the body died by drowning.

Keywords
Diatome, Decayed bodies, Sinking victims

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/h2jeuHCV9KfN


SMILE CAN TELL; ANALYZING SMILE PHOTOGRAPHS TO IDENTIFY FIRE VICTIMS
Marifatul Ula (a*); Mieke Sylvia (b*); Ahmad Yudianto (a*)

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Corresponding Author
Marifatul Ula

Institutions
a. Department of Forensic and Medicolegal, Faculty of Medicine, University of Airlangga
b. Department of Odontology Forensic, Faculty of Dentistry, University of Airlangga

Abstract
Odontology is a well explored forensic discipline for human identification and individualization. The technique has effectively established identity to being grouped into the primary methods together with fingerprint and DNA. Referring to its effectiveness in individualizing victims of disasters. Studying from the fire case happened in Kebalen - Surabaya, Indonesia on May 29, 2018 that killed 8 people from 3 families, the technique was preferred. Involved victims were extensively burnt to impaired visual identification to Crow Glassman Scale 3 (CGS 3) of classification. To attend the cases ante mortem evidences of smiling photos were compared during reconciliation as the only option due to lack dental records. Comparison of smiling faces photograph to postmortem dental state gave accurate of identification of the eight victims. Therefore, this method can best be applied to identify individual even in absence of dental records.

Keywords
Odontology forensic, smile photograph, human identification, fire case

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/a7RhdmcTC8BJ


The caution in observing Suture closure for age estimation
Nabilah Shafiyyah Rahmayati (a), Myrtati Dyah Artaria (b)

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Corresponding Author
Nabilah Shafiyyah Rahmayati

Institutions
a. Forensic Science Program, Post Graduate Studies, Universitas Airlangga, Surabaya
b. Department of Anthropology, FISIP, Universitas Airlangga, Surabaya, Indonesia.

Abstract
Forensic anthropology is one branch of forensic science to identify human skeletons. A forensic anthropologist needs to identify the age of the skeleton. The determination of age can be done from analyzing the closure of sutures. This study aimed to determine whether the cranium suture closure is in accordance with what was described in the textbook based on the age group of the cranium. The research sample was all crania in the Anatomy & Histology Laboratory, Medical School, Universitas Airlangga. From 110 crania, there were 62 samples that met our criteria. Our study found that there are 29% of the samples that had a mismatch between the age of the individual and the age of suture closure. From the 62 crania, as many as 71% have an age-matched according to the category of suture closure on the pars vertices suture—S2. It is interesting to mention that there are 24% of the samples who have their S2--pars vertices suture--closure that takes place before the closure of S1--the pars bregmatic suture. We conclude that in the population of Deuteromalayid Javanese, we must realize that not all of the chronological age of the individuals conforms to the textbook. The individual may fall under the 29% that does not fit into the suture closure according to the textbook. We also conclude that there are variations in the sequence of suture closures. This knowledge is relevant when only part of the cranium is found during an identification.

Keywords
suture closure, cranium, age estimate, forensic anthropology

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/3LgndcCKjH72


The Conception of Indigenous People in the Constellation of Indonesias Adat Law System
Sri Hajati(*); Oemar Moechthar; Regine Wiranata; Katherine Abidea Salim;

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Corresponding Author
Sri Hajati

Institutions
Faculty of Law, Universitas Airlangga
Jl. Dharmawangsa Dalam Selatan Surabaya 60285
* sri.hajati[at]fh.unair.ac.id

Abstract
The existence of Adat Law Communities in Indonesia is recognized through Article 18 paragraph (2) of the Indonesian Constitution. Within the international community, the United Nations has issued a declaration on 13 September 2007 recognizing the rights of indigenous communities, entitled the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The subjects of these municipal and international declarations are stated as one and the same by several scholars. However, upon further reading, it becomes apparent that the concept of Adat Law Communities in Indonesia has several differences with the general concept of Indigenous Communities. As such, this raises the question of whether the UNDRIP, among whose signatories is Indonesia, governs the rights of Adat Law Communities as acknowledged in the Indonesian Constitution; and in the event of a negative answer, what communities in Indonesia would be protected under the UNDRIP. This legal study is done for the purpose of comparing the ideals of Adat Law Communities- protection in Indonesia-s legal constellation, and compare its relevance and/or adequacy in light of the international Indigenous Communities legal regime.

Keywords
Adat Law, Indigenous People, Adat Law Communities, United Nations

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/Cr6q8UutApBE


THE CONSTITUTIONAL POWER OF THE EXECUTIVE IN THE AGE OF RULE OF LAW: A COMPARATIVE STUDY ON MALAYSIA AND INDONESIA
Dr Norazlina binti Abdul Aziz; Dr Rosa Ristawati

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Corresponding Author
NORAZLINA ABDUL AZIZ

Institutions
Dr Norazlina binti Abdul Aziz
Faculty of Law
UniversitiTeknologi MARA (UiTM)
40450 Shah Alam
Selangor, MALAYSIA
Dr Rosa Ristawati
Faculty of Law, Universitas Airlangga,
Jalan Dharmawangsa Dalam Selatan, Surabaya, INDONESIA

Abstract
The doctrine of separation of powers as one of the rule of law principles distributes the state authority among branches, namely the executive, the legislative, and the judiciary. The separation has the purpose to avoid concentration of power to one branch that may lead to the abuse of authority, which in this case gives tendency to the rule of power. The common constitutional power of the executive includes the state administration and the execution and enforcement of laws. This paper examines how the practices of state administration activities such as policy decision-making, execution of power and enforcement activities by the executive branch in Malaysia and Indonesia. It also analyses how the executive branch perfoms the powers in accordance to the rule of law. It mainly focuses on the institutional framework of the head of the government and head of state and the cabinet. The analysis allows for identifications of issues and proposals on the enhancement of the executive branch in both countries that would increase the quality of state administration in as well as promoting the rule of law. The study adopts a qualitative method where the fundamental discussions are based on doctrinal study with content analysis approach on the constitutional provisions, legal cases, circular and directive. The data acquired through doctrinal study is supported by semi-structured interviews with respondents that have been selected through purposive approach. This article concludes that the executive branch plays important roles in promoting the rule of law in both countries. The Constitution, in this case, provides constitutional limitation for the institutional branch of the executive to perform its powers. In the age of rule of law, the executive powers has to be limited. There is no power without limits. The laws has to provide a clear legal direction and reliable mechanism of checks and balances to govern the exercise of the executive powers.

Keywords
The Executive, Prime Minister, President, the executive power

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/RM3Xhub2wrBq


The prevalence of the palatinus torus discovery as an individual characteristic in identification
Dian Artanty (a*), Myrtati Dyah Artaria (b*)

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Corresponding Author
Dian Artanty

Institutions
a) Forensic Science Study Program, Post Graduate Studies, Universitas Airlangga, Surabaya
* dian.artanty-2018[at]pasca.unair.ac.id
b) Department of Anthropology, FISIP, Universitas Airlangga, Jl. Airlangga 4-6 Surabaya 60286, IndonesiaSurabaya, Indonesia.
* myrtati.artaria[at]fisip.unair.ac.id

Abstract
Torus palatinus is a protrusion of bone or exostosis which is generally found in the middle part of the palate in the maxilla. Not all individuals have a torus palatinus so this can be used for identification in forensic anthropology. The purpose of this study was to find out the prevalence of the torus palatinus from the Javanese and Papuan crania in the Anatomy and Histology Laboratory, Medical School, Universitas Airlangga. The sample consisted of 101 crania of males and females, age of 20 to 80 years. We observe the presence or absence of the torus palatinus in each cranium. Based on our observation, we found 1 cranium (1%) which had a torus palatinus. This individual is a Javanese Deuteromalayid male aged 50 years old. We conclude that the prevalence of the torus palatinus in this Javanes and papuan sample is only 1%. We do not encounter any torus palatinus in the crania from West Papua.

Keywords
torus palatinus; forensic identification; prevalence; osteoscopy; Deuteromalayid

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/drEWUzGb7tQA


The Protection for Peace Keepers and Peace Enforcer for the Use of Force Action
Dr Enny Narwati, SH, MH

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Corresponding Author
A Indah Camelia

Institutions
Faculty of Law - Universitas Airlangga

Abstract
Under article 24(1) the United Nation Charter, Security Council has an obligation to maintain peace and security across the globe. Therefore the Council has a power to conduct peace keeping and peace enforcement operations. However the spectrum of operation develops become military operations, as permitted by chapter VII of the UN Charter ‘action with respect to threats to the peace, breaches of the peace, and acts of aggression-. In contrast, the legal basis of the existence of the UN Forces is still unclear. In fact, the forces have carried out military operations throughout the world even without a strong legal basis. The paper will begin by describing the development between traditional and modern peace keeping and peace enforcement operations. Then, it will assess the legal source related to the forces, and measuring the validity of an action taken during the operation. And finally, the article will express the idea regarding how the UN should formulated the peace keeping and peace enforcement operations based on the rule of law.

Keywords
Peace Support Operation. Peace Keeping, Peace Enforcement, combatant

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/ZAD4K6G7QPuw


THE REVIEW OF ISLAMIC LEGAL CONCEPT IN ISLAMIC LAW TOWARDS ACTION OF OBJECT DISPOSAL OF STATE FIDUSIA GUARANTEE
Aninda Adistyana Dewi

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Corresponding Author
ANINDA ADISTYANA DEWI

Institutions
Postgraduate Airlangga University

Abstract
An abstract is a brief summary of a research thesis determine the legal consequences that occur from the act of seizure by the State of the object of fiduciary guarantee in terms of the according concept of Rahn in Islamic law and review of Law Number 42 year 1999 about Fidusia-s result. The following types of research are normative juridical sources from primary legal material in the form of regulations that discuss the theory of rahn concepts and secondary legal material in the form of books relating to the discussion with the conceptual approach and the statue approach. Data were analyzed qualitatively logically and systematically descriptive. The results of the analysis resulting from primary and secondary legal sources explain that there are cases of seizure of objects of fiduciary collateral by the State that occur due to criminal acts committed by the debtor making the legal status of the fiduciary guarantee erased or destroyed, but not removing the principal agreement and insurance claims. Murtahin has the right to demand rahin to continue to carry out its obligations, namely to pay off its debts by making efforts to reschedule the receivables with a mutually agreed time period. The legal effort that can be taken by both parties is that it can use the non-litigation efforts by deliberation and if no agreement is reached then the settlement can be through the Religious Courts.

Keywords
Deprivation; Rahn; Fiduciary guarantee.

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/QPaptqbFJDY7


The Role of Psychology Scientists in the Interview Process in Forensic Scope
Sakina Dini Kurniawati

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Corresponding Author
Sakina Dini Kurniawati

Institutions
Forensic Science of Post Graduate School of Airlangga University, Surabaya, Indonesia

Abstract
Evidence that is considered valid based on Article 184 of the KUHAP (Criminal Procedure Code) includes witness statements and statements of suspects. But in reality, the information provided by witnesses and suspects may not be in accordance with the actual event. The emotional shock experienced by the witness can cause a discrepancy between the incident and the information given. Likewise from the side of the suspect. A suspect can manipulate his mental state to avoid his responsibilities. One of the roles of psychology scientists in the forensics field is helping the authorities in obtaining information that is in accordance with the actual event and also analyzing the mental condition of both the real suspect and witness

Keywords
forensic; psychology; forensic interview

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/xWQtufNy6VD3


THE SERTIFICATE THAT OFFICIALLY REGISTERED AS THE OWNERSHIP OF LAND
Ardhita Sudana Putera*

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Corresponding Author
Ardhita Sudana Putera

Institutions
Program Studi Magister Sains Hukum dan Pembangunan Sekolah Pascasarjana Universitas Airlangga
Kampus B. Jl. Airlangga No. 4-6, Surabaya 60286, Telp. (031) 5041566 / Fax. (031) *Email : ardhita.sudana.putera-2018[at]pasca.unair.ac.id

Abstract
Bassically the right of land occured because of it was officially registered. The right could be the letter of right authority (SKPH), this occured because of the law or the agreement in the land affairs. The people who got the law protection of the right of land based on legalistic. Article 19 paragraph 2 letter c UUPA, mentioned that the certificate is the accurate evidence. The government regulation No. 24 of 1997 has has provided the affirmation stipulated in the provisions of the article 32 paragraph 2, the content of the article leads to the guarantee of the "absolute" certificate of proof. However, it does not rule out the possibility of problems with the land. The approach method used is an empirical juridical approach and the specifications used in this study are analytical descriptive research quality. From the results of the study it can be concluded that the protection and guarantee of legal certainty for the legal subjects as proofs, then immediately register land to obtain land rights certificates and the government in this case the National Land Agency (BPN) must be held accountable because it is a non-governmental government agency in Indonesia which has the task of carrying out government duties in the field of Land in accordance with the provisions of the legislation. National Land Agency (BPN) was formerly known as the Agrarian Office. National Land Agency (BPN) is regulated through Presidential Regulation Number 20 of 2015.

Keywords
Certificates, Land, Legal Protection, Government, Guarantees

Topic
Law, Police and Forensic

Link: https://ifory.id/abstract/rGdXyg8YVDMz


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