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An Analysis of Differences in Proving the Element of "Distributing" in the Criminal Offense of Distributing Pharmaceutical Preparations Without A Distribution Permit (A Study of District Court Decision Number 56/Pid.Sus/2022/PN.Pct and Supreme Court Decision Number 2574 K/Pid.Sus/2023)
No full textThe circulation of illegal pharmaceutical preparations is a serious problem
that threatens the health of Indonesian society. Law Number 17 of 2023 concerning
Health has explicitly regulated the prohibition of circulating pharmaceutical
preparations without distribution permits, with threats of imprisonment and
significant fines as stipulated in Articles 435 and 436. This research aims to analyze
three main issues: (1) the regulation of criminal acts of circulating pharmaceutical
preparations without distribution permits according to Indonesian criminal law;
(2) the correlation between proving elements of criminal acts and the form of
judge's decisions; and (3) the judge's considerations and proof of circulation
elements in District Court Decision No.56/Pid.Sus/2022/PN.Pct and Supreme
Court Decision No.2574 K/Pid.Sus/2023.
This research employs a normative juridical method with a descriptive
approach and qualitative analysis through literature study of legal norms relevant
to the research problems.
The research findings indicate that the regulation of criminal acts of
circulating pharmaceutical preparations without distribution permits is governed
by Law Number 17 of 2023 concerning Health, particularly Article 435 which
regulates the circulation of pharmaceutical preparations that do not meet safety,
efficacy, and quality standards, and Article 436 which regulates pharmaceutical
practice without expertise and authority. This criminal act constitutes an unlawful
act that harms society as it contradicts proper social conduct and endangers public
health. The correlation between proving elements of criminal acts and judge's
decisions is based on the evaluation of valid evidence, where judges build
conviction through various approaches, whether formalistic, substantialist, or
progressive while maintaining integrity, professionalism, and independence to
achieve a balance between legal certainty, justice, and utility. Analysis of both
decisions shows that despite differences in perspectives between the first-instance
judge and the cassation level, both decisions have reflected legal certainty. The
Supreme Court considered that the defendant's receipt of Rp200,000.00 for the
purchase of Eximer pills through the witness's transfer constituted circulation
because a sale and purchase transaction had occurred, while the defendant had no
permit to circulate the drug and was not an authorized health worker, considering
that Eximer pills are prescription medications requiring a doctor's prescription.100 PagesSkripsi Sarjan
The Effect of Government Expenditure in the Education and Health Sectors on the Human Development Index (HDI) in Indonesia: An Ardl Approach
No full textThis study aims to analyze the effect of government expenditure in the education and health sectors on the Human Development Index (HDI) in Indonesia by incorporating control variables, namely population size, open unemployment rate, and gender ratio. The analytical method employed is the Autoregressive Distributed Lag (ARDL) model using EViews 10 software. The data used in this study are time series data covering the period 1990-2023, obtained from the Central Statistics Agency (BPS) and the Ministry of Finance of the Republic of Indonesia. The results indicate that in the short run, education expenditure has a positive and significant effect on HDI, while health expenditure and population size have a negative and significant effect. The open unemployment rate and sex ratio have a negative but insignificant effect on HDI. In the long run, education expenditure has a positive but insignificant effect, while health expenditure, population size, and sex ratio have a negative and significant effect. Meanwhile, the open unemployment rate has a positive but insignificant effect on HDI in Indonesia. Overall, the findings emphasize that improvements in HDI in Indonesia depend not only on the magnitude of government expenditure but also on the effectiveness of budget management, population growth control, employment expansion, and the enhancement of gender equality to achieve sustainable human development.144 PagesTesis Magiste
Analysis of the Development of Indonesian Kratom Exports to the United States, India, and China in the Context of National Regulations 2015-2024
No full textThis research conducts an explanatory-descriptive study of the development of Indonesian kratom exports (2015-2024) to the United States, India, and China. The analysis focuses on the key variable of national regulatory contradictions, namely the discrepancy between the National Narcotics Agency (BNN) and the Ministry of Agriculture (KEMENTAN), as the primary driver of trade uncertainty. Using a comprehensive quantitative approach (Growth Rate, CAGR, Proportional Ratio) on UNCOMTRADE data (HS 121190), this study produces transformative empirical findings, demonstrating that domestic regulatory dilemmas causally trigger global supply chain reallocation.
Indonesia's dominance of kratom export volume in the US (98%) proved fragile following FDA intervention, which was then offset by exponential growth in the bypass markets of India and China. Specifically, the findings show that the Chinese market (with an average growth rate of 94% in export volume) and India experienced massive surges during the Narcotics Regulation period until the end of the Transition Period. This growth indicates India's transformation into an upstream processing center, while China's role as a strategic re-export hub facilitates access to heavily regulated end markets. These findings provide an important contribution to the literature on the trade in controversial commodities by validating the market bias mechanism in response to domestic and external policy inconsistencies.
Keywords : Kratom, Kratom Regulation, Growth Rate, CAGR, Proportional Ratio, Pattern and Trend Analysis.112 PagesSkripsi Sarjan
Analysis of the Application of Law in the Indictment of the Public Prosecutor Declared Null and Void in Online Gambling Criminal Cases (Study of Decision Number 1907/Pid.Sus/2024/PN.Mdn)
No full textCybercrime in the form of online gambling has grown rapidly across all levels of Indonesian society and has become a serious problem in Indonesia. Online gambling is easily accessible to everyone through electronic media and the internet. The methods of accessing online gambling mean that the legal regulations governing online gambling and conventional gambling are different. However, in practice, there are still law enforcement officials, particularly public prosecutors, who mistakenly apply legal regulations to online gambling crimes. Decision Number 1907/Pid.Sus/2024/PN.Mdn is an example of law enforcement officials' mistakes in applying legal regulations to online gambling crimes. The problem formulation in this thesis discusses the legal regulation of online gambling crimes according to the criminal law system in Indonesia, the validity requirements for indictments and the forms of indictments, as well as an analysis of the public prosecutor's indictment that was declared null and void in Decision Number 1907/Pid.Sus/2024/PN.Mdn. This research uses a normative juridical research method with a legislative and case study approach, relying on secondary data from primary, secondary, and tertiary legal materials. The results of this thesis discussion show that, in general, the crime of gambling is regulated in Articles 303 and 303 bis of the Old Criminal Code and also Articles 427 and 427 of Law Number 1 of 2023 concerning the Criminal Code. However, in Indonesian criminal law, the regulation of online gambling crimes is specifically regulated in Article 27 Paragraph (3) in conjunction with Article 45 Paragraph (2) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. An indictment has two (2) validity requirements, namely material validity and formal validity. The validity requirements for an indictment are regulated in Article 143 Paragraph (2) of the Criminal Procedure Code (KUHAP) and in the criminal justice system in Indonesia, an indictment has four (4) forms, namely single, subsidiary, alternative, and cumulative. The decision of the Panel of Judges in Decision Number 1907/Pid.Sus/PN.Mdn, which decided to acquit the defendant and return the indictment of the Public Prosecutor, was appropriate considering that the material validity requirements of the indictment prepared by the Public Prosecutor were not met, so that the Public Prosecutor's indictment gave rise to legal uncertainty (obscur libel).112 PagesSkripsi Sarjan
Analysis of Combustion Characteristics in Stationary Engine Fuel a Mixture of Pyrolysis Gasoline and Pertalite
No full textThe utilization of plastic waste through the pyrolysis process into alternative
fuel is one of the solutions to address the fossil fuel energy crisis and environmental
problems caused by plastic waste. This study aims to analyze the combustion
characteristics and exhaust emissions of a stationary engine using a blend of pyrolysis
gasoline and Pertalite. Testing was conducted with variations of Pertalite and
pyrolysis gasoline blends, namely G100P0, G90P10, G70P30, G50P50, and G0P100.
Parameters tested include in-cylinder pressure, peak combustion pressure, IMEP,
HRR, combustion location and duration, indicated power, specific fuel consumption,
thermal efficiency, and emission gases. The results showed that increasing the
pyrolysis oil ratio decreased the Mean PCP in the G0P100 sample, accompanied by
an increase in CoV PCP. This decrease in PCP correlates linearly with the decrease
in Mean IMEP and engine power. Technically, the high viscosity and density of
pyrolysis oil inhibit atomization, thereby reducing HRR, delaying burn location by 1-
3°CA, and extending burn duration by 1-3°CA. Analysis results indicate that while the
addition of pyrolysis gasoline lowers peak performance and flame propagation speed,
the highest thermal efficiency was achieved with the G90P10 blend, and the best ISFC
was found in G50P50. This indicates that pyrolysis oil has great potential as an
alternative fuel because its high heating value is able to compensate for the longer
combustion duration.71 PagesSkripsi Sarjan
Comparison of the Effects of Chicken and Sheep Manureon the Growth of Three Commodities: Rice, Soybeans, and Pakcoy
No full textThis study aims to analyze the effect of various types of manure on the
growth of rice (Oryza sativa L.), soybeans (Glycine max L.) and pakcoy
(Brassica rapa L.), as well as to provide practical recommendations for the use of
manure in supporting sustainable and environmentally friendly agriculture. This
research was conducted at the Faculty of Agriculture of the University of North
Sumatra from july 2024 to December 2024. The study employed a Non-Factorial
Randomized Block Design with treatments including chicken manure 20 tons/ha,
sheep manure 20 tons/ha, chicken manure 20 tons/ha + sheep manure 20 tons/ha,
chicken manure 15 tons/ha + sheep manure 15 tons/ha, and chicken manure 10
tons/ha + sheep manure 10 tons/ha. The results showed that the response of rice
plants to chicken manure and sheep manure had a significant effect on plant height,
number of leaves, number of tillers, biomass weight, and fresh weight of the canopy,
but had no significant effect on fresh root weight. The best treatment for rice plants
was obtained with a combination of 20 tons/ha of chicken manure and 20 tons/ha
of sheep manure. A different response was obtained for soybean plants, where the
application of chicken manure and sheep manure had a significant effect on plant
height and number of soybean leaves at 3-5 weeks after sowing. The combination
treatment of 20 tons/ha of chicken manure and 20 tons/ha of sheep manure showed
the highest yield, but did not have a significant effect on biomass weight, fresh
weight of the canopy, and fresh weight of the roots. The response of pakcoy plants
to the application of various doses of chicken manure and sheep manure did not
have a significant effect on plant height, number of leaves, biomass weight, fresh
shoot weight, or fresh root weight of pakcoy plants.104 PagesSkripsi Sarjan
Integration of CURE and SHAP Methods for Mapping Stunting Risk Factor Analysis in Medan City
No full textStunting is a chronic nutritional problem that remains a major challenge in public health development in Indonesia, including in Medan City, as it directly affects the quality of human resources in the long term. This condition is influenced by various multidimensional factors such as socioeconomic conditions, environmental sanitation, access to clean drinking water, parenting patterns, and the availability of healthcare services. This study aims to map regional stunting risk in Medan City by integrating the Clustering Using Representatives (CURE) method for regional grouping and SHapley Additive exPlanations (SHAP) for identifying the most influential risk factors. The dataset used in this study consists of 16,525 toddler records obtained from the Medan City Health Office and has undergone data preprocessing. Six main features were selected for the clustering process based on data completeness and relevance to stunting risk, namely exclusive breastfeeding, income level, health insurance ownership, housing condition, sanitation, and drinking water sources. The clustering results produced four regional clusters with excellent clustering quality, as indicated by a Silhouette Score of 0.899 and a Davies–Bouldin Index of 0.131, confirming that the clusters are compact and well separated. The SHAP analysis reveals that parental occupation (0.6523), sanitation (0.2507), and access to clean drinking water (0.2316) are the most dominant factors influencing stunting risk, followed by health insurance ownership (0.2205), exclusive breastfeeding status (0.1623), income level (0.1603), and housing condition (0.0803). The integration of CURE and SHAP provides a stunting risk mapping that is not only descriptive in illustrating the spatial distribution of risk but also explanatory in identifying the main contributing factors, thereby serving as a strong foundation for formulating targeted and sustainable region-based stunting intervention policies.115 PagesSkripsi Sarjan
The Impact of Self-Esteem on Psychological Well-Being among Female Adolescents Using TikTok
No full textThis study aims to examine the influence of self-esteem on the psychological well-being of female adolescents who use TikTok. The study involved 280 participants. A quantitative research method was employed, with data collected using Likert-scale instruments. Self-esteem was measured using the Rosenberg Self-Esteem Scale (RSES) developed by Rosenberg (1965) and later modified by Maroqi Nelan (2018) based on two dimensions proposed by Rosenberg (as cited in Tarafodi & Milne, 2002), namely self-competence and self-liking. This scale consists of 10 items. Psychological well-being was measured using the Adolescents’ Psychological Well-Being Scale (PWB-A) developed by Viezo et al. (2018) and adapted into Indonesian by Sunardy (2023), consisting of 20 items based on four dimensions. Data were analyzed using simple linear regression with the assistance of JASP. The results indicate a positive influence of self-esteem on the psychological well-being of female adolescent TikTok users, with a significance value of p < 0.002 (p < 0.05). Self-esteem contributed 3.5% to the psychological well-being level of female adolescent TikTok users.117 PagesSkripsi Sarjan
Unlawful Acts Through The Unilateral Termination Of Agreements In Franchise Agreements (A Study Of Decision Number 5897 K/Pdt/ 2024)
No full textA franchise agreement is a bilateral agreement subject to the provisions of the Civil Code and specific franchise regulations. Unilateral termination of a franchise agreement without the consent of the other party may give rise to legal issues related to unlawful acts. This research analyzes Supreme Court Decision Number 5897 K/Pdt/2024 involving PT My Salon International as the franchisor and CV Agatha Carissa Aglaia along with Retno Margiastuti as the franchisees. The issues examined include the termination provisions of franchise agreements as bilateral agreements are regulated under the Civil Code, the elements of unlawful acts relate to the termination of franchise agreements by one party without the consent of the other party, and to analyze the judges' considerations and decisions regarding the elements of unlawful acts in connection with unilateral termination of franchise agreements.
The research method employed is normative juridical research, descriptive in nature, using statutory and case approaches. Secondary data were collected through primary legal materials (legislation, court decisions, franchise agreements) and secondary legal materials (books, journals, scholarly articles). Data analysis was conducted qualitatively with deductive conclusions. The data collection technique consisted of library research and the data collection instrument was document study.
This research demonstrates that the termination of franchise agreements is governed by Articles 1266 and 1338 Paragraph (2) of the Civil Code, which require the consent of the parties or a court decision. Unilateral termination satisfies the elements of unlawful acts under Article 1365 of the Civil Code, namely the existence of an unlawful act, fault, damages, and causal relationship. Unilateral termination constitutes an unlawful act even when there is a clause waiving Article 1266 of the Civil Code, as it violates the fundamental principles of contract law and the principle of good faith. This decision provides legal certainty that Article 1266 of the Civil Code is mandatory and cannot be simply waived, and affirms the importance of executing agreements in good faith and following proper procedures in terminating franchise agreements.159 PagesSkripsi Sarjan
Development of An Indonesian Aphasia Assessment Instrument through A Language Network Correlation Approach in Primary Progressive Aphasia
No full textBackground: Primary Progressive Aphasia (PPA) is a neurodegenerative syndrome characterized by progressive impairment of language, with substantial implications for patient care, early intervention, and long-term management. Despite its clinical importance, there is no Indonesian-language assessment tool specifically designed to capture the linguistic deficits of PPA. Linguistic features of Bahasa Indonesia—such as limited inflectional morphology and distinct syntactic and semantic structures—pose additional challenges for adopting instruments developed in English. This study aimed to develop and validate the Instrumen Afasia Neurodegeneratif Indonesia (IRFANI) as a culturally and linguistically appropriate tool for diagnosing and characterizing PPA in Indonesian speakers.
Methods:This multi-phase study included: (1) identification of relevant linguistic domains in PPA; (2) development of test specifications and item generation; (3) qualitative evaluation through expert review to establish content validity; (4) pilot testing; (5) quantitative psychometric evaluation; (6) assessment of construct validity and reliability using first- and second-order Confirmatory Factor Analysis (CFA); (7) establishment of normative data and cut-off scores based on 300 healthy adults, (8) analysis of IRFANI performance in relation to cortical atrophy patterns in patients with PPA, and (9) diagnostic algorithm development. All procedures adhered to ethical standards.
Results: IRFANI was successfully developed, comprising seven core language domains aligned with the linguistic features that distinguish PPA variants. Expert review demonstrated strong content validity. CFA supported acceptable model fit for both subtest-level and second-order factor structures. Most items met psychometric criteria, and subtests showed high reliability. Normative scores and demographic-adjusted cut-offs were established. IRFANI scores correlated significantly with TADIR and MoCA-INA, and were sensitive to differences based on peak neuronal atrophy patterns, supporting its clinical utility. These findings informed the development of an IRFANI-based diagnostic algorithm for PPA.
Conclusion: IRFANI is a valid and reliable Indonesian-language assessment instrument for evaluating linguistic deficits in PPA. It provides a robust framework for early diagnosis, monitoring disease progression, and guiding individualized speech-language interventions. The tool contributes substantially to the advancement of neurocognitive assessment in Indonesia and holds potential as a national standard for PPA evaluation.264 PagesDisertasi Dokto