从法律社会学角度看导致幼儿死亡的巴厘岛狂犬病患者的法律保护问题

Carwan Carwan, Sari Indah Lestari, Yenny Febrianty, Mahifal Mahifal
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引用次数: 0

摘要

因患狂犬病而死亡的幼儿侵犯了2002年第23号法律解释中关于儿童保护的概念所概述的生命权、生存权和发展权。本文研究的问题是:法律社会学如何研究狂犬病传播预防条例的有效性;法律社会学视角下巴厘岛狂犬病受害者的法律保护如何导致幼儿死亡?本文采用的研究方法是司法实证。结果表明,在讨论的情况下,孩子的父母是疏忽大意的,因为他们认为伤口小而安全。因此,患者(家属)玩忽职守,没有向卫生机构报告接受进一步治疗。关于造成死亡的过失,《刑法》第359条作了解释,其中规定:"任何人因过失(过失)造成他人死亡,应处以最高五年徒刑或最高一年的轻刑。"从法律社会学的角度来看,家庭对儿童的任意对待,而不考虑儿童在被宠物狗咬伤后的健康状况下的保护权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Protection of Rabies Victims in Bali, Which Resulted in The Death of Toddler from a Legal Sociology Perspective
A toddler victim of rabies that causes death violates the right to life, survival and development as outlined in the conception of child protection in the explanation of Law No. 23 of 2002. The problems in this paper are: How is the Legal Sociology Study of the Effectiveness of Rabies Transmission Prevention Regulations, and How is the Legal Protection of Rabies Victims in Bali Causing the Death of Toddlers from a Legal Sociology Perspective? The research method used is Juridical-Empirical. The results showed that the toddler's parents were negligent in the case discussed because the wound was considered small and safe. Hence, the patient (family) was negligent and did not report to the health facility for further treatment. Regarding negligence that causes death, it is explained in Article 359 of the Criminal Code, which reads as follows: "Any person through whose fault (negligence) causes the death of another person shall be punished by a maximum imprisonment of five years or a maximum light imprisonment of one year." From the perspective of Legal Sociology, there is the arbitrary treatment of children carried out by families without paying attention to the child's right to protection following his health condition after being bitten by his pet dog.
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