ORIGINAL RESEARCH ARTICLE | March 2, 2023
An Assessment of Activities Associated with the Rehabilitation of Children with Intellectual Disabilities in the Kumasi Metropolis
Vivian Asante, Owusu Isaac, Opoku Vincent Karikari, Kankam Keren Sarpomaa
Page no 39-44 |
10.36348/sjhss.2023.v08i03.001
Background: Intellectual disability is a disability characterized by limitations in the intellectual functioning and resulting in the need for extraordinary supports for the person to participate in activities involved with typical human functioning (Wehmeyer, Schalock, Verdugo et al., 2008). Rehabilitation is therefore an essential aspect in the life of the person with a disability. According to the World Health Organization (WHO, 2011), rehabilitation is a process that is aimed at enabling disabled persons reach and maintain their optimal physical, sensory, intellectual, psychological and social functional levels. Special schools provide the rehabilitation needs by encompassing educational needs, rehabilitation services and integrated education (Kuyini 2014). Special education has proven to be instrumental in the provision of activities that will foster social development and to the maximum extent possible assimilation into regular schools and community activities (Smith 2007). Aim: To investigate the activities undertaken to rehabilitate children with intellectual disabilities in selected schools in the Kumasi metropolis. Methods: The study was undertaken at the Garden City Special School and Community Special Vocational School and employed the use of the descriptive design with a qualitative approach. A sample size of fifteen respondents were used, out of which nine (9) were teachers and six (6) were parents. The study made use of two sampling techniques to select the respondents. The sampling technique employed in the selection of teachers was the non-probable purposive sampling whereas the technique for selecting parents was the convenience sampling. Research data was collected by the use of an interview guide and the data collected was analysed using thematic content analysis. Findings: The study found out that the activities undertaken to rehabilitate the students with intellectual disabilities in the selected schools, had the underlying basis of promoting independent living and improving the social skills of children with intellectual disabilities relationships with people. Teachers therefore ensured that students were trained in the activities of daily living, communication skills, social skills, fine and gross motor skills, functional arithmetic, vocational skills and the concept of money. The study revealed that children with intellectual disabilities gained a substantial increase in their social interactions and their health. However, it was noted that the special schools faced some challenges that hindered their rehabilitation efforts and these included inadequate teaching and learning materials, lack of new facilities and inadequate and unskilled teachers. Conclusion: The special schools are very instrumental in improving the quality of life of persons with intellectual disabilities.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Regional Notary Assembly Supervisor Authority in the Framework of Notary Supervision Optimization Based on Justice Value
Agus Armaini RY, Gunarto, Anis Mashdurohatun
Page no 45-49 |
10.36348/sjhss.2023.v08i03.002
The objectives of this study are to analyze and find weaknesses in the Regional Notary Assembly Supervisor Authority in Indonesia currently and how to reconstruct the law to realize a better Regional Notary Assembly Supervisor Authority based on justice value. The method used in this study uses an empirical juridical approach supported by a normative approach with the paradigm used by the constructivism paradigm. The results of the research show that there are that the regulation of the authority of the notary regional supervisory board in the context of supervising notaries is currently not optimal based on the value of justice as there are weaknesses in the regulation of the authority of the notary regional supervisory board in the framework of supervising notaries at this time as the board don't have the authority to impose sanctions on a notary. Therefore, there is a need for reconstruction of the authority of the regional notary supervisory board as stated in article 70 of Law No. 30 of 2004 concerning the position of a notary, in which the notary regional supervisory board must have the authority to impose sanctions on a notary.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Traffic Accident Settlement Based on Restorative Justice
Hendri Nupia Dinka Barus, Gunarto, Anis Mashdurohatun
Page no 50-55 |
10.36348/sjhss.2023.v08i03.003
The objectives of this research are to analyze and find legal weaknesses in the settlement of traffic accident cases using a restorative justice approach and how to reconstruct the legal settlement of traffic accident cases with a restorative justice approach. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weakness of the law in the settlement of traffic accident cases is in the lack of integration of legal arrangements for the settlement of criminal cases in the criminal law system, especially in the Criminal Procedure Code according to the rules of each institution. As a result, arrangements for settling cases based on restorative justice have not been able to guarantee legal certainty Therefore the legal reconstruction of the settlement of traffic accident cases with a restorative justice approach proposed by the author can be done by revising the provisions of Article 230 and Article 235 of Law no. 22/2009 concerning LLAJ, so that light, moderate and severe traffic accident cases can be resolved based on restorative justice. In addition to this, for heavy traffic accidents that cause fatalities, the settlement of cases based on restorative justice must not abort the prosecution of cases as it involves fatalities and therefore it must be processed normally.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Medical Dispute Settlement Based on Restorative Justice Value
Muhammad Ngazis, Pentadi Teguh Setiyanta, Anis Mashdurohatun, Sri Kusriyah
Page no 56-60 |
10.36348/sjhss.2023.v08i03.004
The background of this research is what are the weaknesses of the application of restorative justice in cases of medical disputes and how to reconstruct the law based on Restorative Justice value as a means to find new legal breakthroughs that are useful for the medical world as well as fulfill aspects of victim protection. The method used is an empirical approach, namely Sociological Normative, in which the study used in this research is a Socio-legal research approach. The findings of this study show that the weaknesses of the application of restorative justice in cases of medical disputes settlement is that the handling of cases of suspected medical disputes by police investigators will of course use procedures or procedures that are it is in the Criminal Procedure Code as a reference, this is because the UUPK and the Health Law do not regulate how the proceedings should be carried out if there is an allegation that a doctor has violated the articles in the UUPK as Mediation has weaknesses, namely limited juridical support for the process and its results, including the execution of the resulting dispute settlement (peace) agreement. The process and the resulting decisions cannot simply be forced. Laws that regulate mediation have not yet been enacted to provide legal certainty, so it is necessary to carry out legal reconstruction in the Law on Health and the Law on Medical Practice.
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Legal Reconstruction of Victim's Protection Regulations through Claims for Damages Case Combination Based on Justice Value
Achmad Jusriadi, Gunarto, Sri Endah Wahyuningsih
Page no 61-66 |
10.36348/sjhss.2023.v08i03.005
The objectives of this research are to analyze and find legal weaknesses of Victim's Protection Regulations through Claims for Damages Case Combination and how to reconstruct the Victim's Protection Regulations through Claims for Damages Case Combination based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. This study uses the constructivism paradigm. The approach method used is sociological juridical, with descriptive-analytical research specifications. The data used are primary data and secondary data, which are then analyzed. The results of the study show that the weaknesses in merging cases for compensation claims include: a) Lawsuits can only be filed at the first level; b) The public prosecutor who enters the request for compensation in the case file; c) The decision on compensation demands is very dependent on the criminal case, therefore, Based on the foregoing, the legal reconstruction as intended by the author is by adding a new article, namely article 98 paragraph (3) which reads: "That the Public Prosecutor is obliged to ask the victim whether he wants to make a claim for compensation" and also revises Article 100 paragraph ( 2) so that it reads: "If a criminal case is not filed for an appeal, then an appeal regarding the decision for compensation is still permitted."
ORIGINAL RESEARCH ARTICLE | March 27, 2023
Ideal Regulation of Land Registration Using Land Certificate as Evidence Based on Legal Certainty
Gunarto, Sari Nitiyudo, Anis Mashdurohatun, Widhi Handoko
Page no 67-71 |
10.36348/sjhss.2023.v08i03.006
The purpose of this study is to find out why the regulation on land registration in Indonesia is not ideal yet and what is the Ideal Regulation of Land Registration Using Land Certificate as Evidence Based on Legal Certainty. This writing method uses a constructivism paradigm, namely a paradigm with an ontology of relativism, a sociological juridical approach method, namely an approach by seeking information through direct interviews with informants empirically first and then proceeding with conducting research on primary data contained in interviews with informants and then strengthening it with studies literature through theoretical steps, the nature of this research is descriptive- analytical where the data is obtained from field data both interviews and/or questionnaires which are carried out by directly observing the competent parties. The result of the study shows that the system has weaknesses and technical constraints, namely in the process of collecting juridical data and physical data of land registration applicants is considered not in accordance with the achievement of targets from the PTSL program, lack of effectiveness of complete systematic land registration in theoretical studies the legal system is influenced by factors of legal substance. As well as suggestions in this writing, namely, the principle of Nemo Plus Juris should be able to better protect owners of land rights, to minimize the occurrence of lawsuits in court, land registration officers from the BPN/Ministry of Agrarian should examine the correctness of physical and juridical data on a plot of land accurately, if the landlord when land certificates act tend not to comply with regulations (not obey/disobey), then a reconstruction of land registration changes can be carried out because they are deemed unable to provide legal certainty and legal protection for holders of land certificates, the effectiveness of law enforcement or application is determined by the performance of BPN as PTSL organizers in maximizing the implementation of the PTSL program, presenting an innovation in e-certificates issuing policies regarding the enforceability of electronic land certificates equipped with hash code security, QR code, and single identity.