Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-8 | Issue-02 | 41-46
Original Research Article
Reconstruction of the Legality of Identification Results Approval of Mass Disaster Victims in the Implementation of Disaster Victim Identification Procedures Based on Justice Values
Dhiwangkoro Aji Kadarmo, Gunarto, Jawade Hafidz, Bambang Tri Bawono
Published : Feb. 27, 2025
Abstract
The purpose of this study is to find and analyze the weaknesses of the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure and to reconstruct the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure based on the value of justice Using the constructivism paradigm, the sociological legal approach method to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field and qualitative descriptive methods. The results of the study indicate that the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure is not yet based on the value of justice, due to the lack of distribution of DVI police doctors. Weaknesses in legal substance are Article 157 of Law Number 17 of 2023 concerning Health, Article 473 of Government Regulation Number 28 of 2024 concerning Implementing Regulations of Law Number 17 of 2023 concerning Health and Article 21 of Regulation of the Minister of Health Number 38 of 2022 concerning Medical Services for Legal Interests. Weaknesses in legal culture where legal culture will be aware of disasters and the importance of identification are still lacking. The reconstruction proposed by the author is to regulate those who have the right to issue identification results in DVI operations for mass disasters are DVI Police who have DVI Commander expertise certification which guarantees that the identification results are in accordance with the science used, so that they can be legally accounted for.