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Policy Paper: Determining Mental Capacity in Criminal and Civil Law

This paper sets out a study of mental capacity in Indonesian criminal law, capital punishment and civil law. Indonesian Law Number 18 Year 2014 Regarding Mental Health (UUKJ) provides a new legislative framework for mental health issues within Indonesia that seeks to protect and rehabilitate mentally ill people. Articles 71-73 …

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Policy Paper: Determining Mental Capacity in Criminal and Civil Law

This paper sets out a study of mental capacity in Indonesian criminal law, capital punishment and civil law. Indonesian Law Number 18 Year 2014 Regarding Mental Health (UUKJ) provides a new legislative framework for mental health issues within Indonesia that seeks to protect and rehabilitate mentally ill people. Articles 71-73 …

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LGBT = Nuclear? Indonesia’s Phobia Emergency

In patriarchal culture, LGBT people are an “Other” that is exiled by the hetero-normative community. This exile causes stigma and discrimination. The prevalent view in the community, of LGBT people as unnatural and in contradiction to many religious values, contributes to the pervasiveness of homophobia and discrimination against LGBT people. …

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The Bipolar Law: Protecting or Incarcerating?

Problems of health do not only concern issues that are physical, but also psychological. In 2013, a research on basic health estimated that about 1.7 per mille of Indonesian households have a family member with severe mental disorder. Without early and effective treatment the disorder is potentially harmful for an individual’s …

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Flogging in Numbers and Complications

The local government has received full mandate under the Constitution of 1945 to govern itself in accordance with autonomy prinicple and assistance duty.By the autonomy, the local government has the right, authority,and obligation to maintain its government specificallyini certain sectors, i.e. education, health, public work, spatial planning, public housing, settlement area, …

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Discrimination on HIV: An Epidemic

HIV/AIDS prevalence in Indonesia is the highest in Southeast Asia region. From 2005 to 2015 the cumulative numbers of HIV cases are 191.073 and 77.121 of AIDS cases. Over the last ten years, various prevention efforts have been made by the government, ranging from harm reduction program in 2006, prevention of …

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Death of Prisoners: Failure of Sentencing

The birth of prison is thought to be in line with the change of sentence objective, from retaliation principle to rehabilitation principle. Criminal perpetrator is not only acknowledged as a person that causes suffering, but also as someone who has committed a mistake and could be guided again. However, prison …

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