Hubungan Hukum Dokter dan Pasien  Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum.

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LEGAL RELATIONSHIP BETWEEN DOCTORS AND PATIENTS IN MEDICAL SERVICE EFFORTS

Diponegoro Law Review ◽

10.14710/dilrev.2.1.2017.123-140 ◽

2017 ◽

Vol 2 (1) ◽

pp. 123

Author(s):

Endang Kusuma Astuti

Keyword(s):

Medical Care ◽

Criminal Law ◽

Medical Service ◽

Civil Law ◽

Legal Aspects ◽

Administrative Law ◽

Legal Responsibility ◽

Medical Services ◽

Legal Relationship ◽

The Relationship

The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law

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Time of Opening of Inheritance According to the Legislation of Ukraine

University Scientific Notes ◽

10.37491/unz.77.8 ◽

2020 ◽

pp. 89-96

Author(s):

Denys FEDOSEIEV

Keyword(s):

Civil Law ◽

Civil Code ◽

Inheritance Law ◽

Legal Personality ◽

Legal Literature ◽

Relevant Field ◽

The Relationship ◽

Legal Consequences

The article explores time of opening of inheritance under the legislation of Ukraine. The legislation of the category “opening of inheritance” enshrined in the Civil Code of Ukraine is established. The definitions of the concept of «opening of inheritance» available in the legal literature are analyzed and the most substantiated and that corresponds to the legal reality among all analyzed definitions of the category «opening of inheritance» is established. Emphasis is placed on the fact that a significant number of definitions of the concept of «opening of inheritance» is identified with the onset of certain legal facts, and not always taken into account all the necessary circumstances. It is emphasized that for the opening of the inheritance it is also important to have a rule of civil law, which regulates the issue and civil legal personality of the participants in the inheritance. It is noted that the time of heritage opening is an integral part of the concept of «opening of inheritance». The normative and scientific definitions of the concept of «time of heritage opening» are clarified. The analysis is carried out and it is emphasized that some statements are incorrect in the context of understanding the time of heritage opening, in particular, regarding the identification of understandings of the concepts «time of heritage opening», «opening of inheritance», «death of the testator». The own approach to understanding of a category «time of heritage opening» is offered. Circumstances that are directly related to the time of the opening of the inheritance and for which the time of the opening of the inheritance has legal consequences have been established. Attention is drawn to the fact that the time of the opening of the inheritance is in direct interdependence and interaction with such categories of civil law as «term», «term», and «moment». The relationship between the concepts of «term», «term», and «moment» is analyzed. It is proved that with the time of the opening of the inheritance, the terms that have a direct significance for the inheritance process begin. The list of terms in the inheritance law which begin from the date of death of the person (testator) or the announcement of its deceased is defined. The legal significance of the opening of inheritance and the time of heritage opening for inheritance law and inheritance, as well as the need for further research in the relevant field are substantiated.

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Legal Review of the Recognition of Outsidered Children Based on the Book of Civil Law

Budapest International Research and Critics Institute (BIRCI-Journal) Humanities and Social Sciences ◽

10.33258/birci.v4i2.1911 ◽

2021 ◽

Vol 4 (2) ◽

pp. 2193-2199

Author(s):

Masitah Pohan

Keyword(s):

Research Method ◽

Analytical Approach ◽

Civil Law ◽

Civil Code ◽

Literature Study ◽

Legal Research ◽

Legal Relationship ◽

The Impact ◽

Legal Consequences

Legal review due to the recognition of out-of-wedlock children based on the Civil Code, where it is known that a child is a gift from God Almighty and if the child is born outside the marriage between a boy and a girl without acknowledgment by the parents, the child is not will have a legal relationship with his parents. This research is motivated by the importance of recognizing children born outside of marriage. The purpose of this study was to determine the legal consequences of an out-of-wedlock child if they received recognition from their parents, and to determine the impact on the outside child if they did not receive recognition. The research method used is normative legal research through literature study and using an analytical approach. Based on the results of the research, it is understood that children outside of marriage are children born outside of legal marriages, so with the recognition made by the parents, there will be a civil relationship between the child and the father and mother (Article 280 of the Civil Code).

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PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v3i2.1453 ◽

2016 ◽

Vol 3 (2) ◽

pp. 280

Author(s):

Sedyo Prayogo

Keyword(s):

Civil Law ◽

Civil Code ◽

Legal Issues ◽

Clear Distinction ◽

Court Decisions ◽

Contractual Relationship ◽

The Law ◽

Relationship Of ◽

The Relationship ◽

Legal Consequences

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.

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AKIBAT HUKUM AKTA OTENTIK YANG TERDEGRADASI MENJADI AKTA DIBAWAH TANGAN

Jurnal Akta ◽

10.30659/akta.v4i3.1804 ◽

2017 ◽

Vol 4 (3) ◽

pp. 323

Author(s):

Soegeng Ari Soebagyo ◽

Gunarto Gunarto

Keyword(s):

Criminal Law ◽

Civil Law ◽

Civil Code ◽

Research Approach ◽

Legal Research ◽

Legal Validity ◽

Primary Material ◽

Article 50 ◽

Incorrect Information ◽

Legal Consequences

The study entitled "Legal Effects Against the Authentic Deed of Degradation Becoming a Deed of Hands" aims to recognize the legal consequences of the degraded authentic deed and the responsibility of Notary over the degraded authentic deed to become a deed under the hand. This research uses juridical socio legal research approach, in collecting data more emphasized on source of primary material, in the form of legislation, studying law norms and law science sera theory in addition to interviews to the parties related to the problem in carefully. Based on the method, the research produces principally (i) Authentic deeds can be degraded into deeds under the hand when the requirements of the authentic deed are not met, whether material or formal terms which have the authority to judge them is a court. ) What are the legal consequences of an authentic deed that is deemed to be a deed under the hand does not have legal validity as an authentic deed, only a word under the hand that has no legal force to bind this subject under KUHperdata article 1869 and can be seen in Law no. 2 Year 2014 jo. UU no. (3) Article 51 paragraph (4), (iii) The responsibility of a Notary if The authentic deed he made into a deed under the hand, the Notary may be held accountable; (-) Administrative liability If a Notary is found guilty of violating Article 85 of Law Number 30 Year 2004 which regulates the obligation and prohibition for Notary in carrying out his / her position. (-) Accountability according to Civil Law of this matter as Article 1365 Civil Code, and can be seen In Law no. 2 Year 2014 jo. UU no. Article 49 paragraph (3) of Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4) (-) Accountability under criminal law if Notary deliberately falsely authentic deed or intentionally include incorrect information in the authentic deed he madeKeywords: Authentic Deed, Notary, Degradation

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Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p01 ◽

2020 ◽

Vol 5 (3) ◽

pp. 436

Author(s):

Wulan Wiryantari Dewi ◽

Ibrahim R

Keyword(s):

Legal Protection ◽

Civil Code ◽

Legal Research ◽

Legal Relationship ◽

The People ◽

Notary Public ◽

Administrative Sanctions ◽

Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

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Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽

10.30659/akta.v5i2.3100 ◽

2018 ◽

Vol 5 (2) ◽

pp. 441

Author(s):

Indah Esti Cahyani ◽

Aryani Witasari

Keyword(s):

Property Rights ◽

Legal System ◽

Civil Law ◽

Civil Code ◽

Good Faith ◽

Freedom Of Contract ◽

Related Statement ◽

The Subject ◽

The Law ◽

Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

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THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW

10.12783/dtem/mebit2021/35619 ◽

2021 ◽

Author(s):

YUN-LING YU

Keyword(s):

Economic Development ◽

Market Economy ◽

Legal System ◽

Civil Law ◽

Civil Code ◽

Socialist Market Economy ◽

Economic Law ◽

Chinese Characteristics ◽

The Relationship ◽

Socialist Market

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

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PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN JUAL BELI TANAH LETTER C DI BAWAH TANGAN

Jurnal Privat Law ◽

10.20961/privat.v8i1.40388 ◽

2020 ◽

Vol 8 (1) ◽

pp. 144

Author(s):

Socha Tcefortin Indera Sakti ◽

Ambar Budhisulistyawati

Keyword(s):

Legal Protection ◽

Civil Code ◽

Legal Rights ◽

Legal Certainty ◽

Legal Relationship ◽

Legal Consequences ◽

Made In ◽

Laws And Regulations

Abstract This article aims to analyze and to understand the legal protection provided to the parties involved in under-hand agreement of the sale of Letter C land. The legal protection or all of the parties involved is contained in the agreement if the agreement specifically stated it in its clauses. The kegal protection outside of the agreement is contained in the laws and regulations in force which is Civil Code and Statute. The legal protection is an important aspect to ensure the fulfillment of a person’s legal rights. Furthermore, it also has other objective, which is to realize legal certainty, legal benefits, and justice for the parties. Legal protection can be preventive or repressive. The agreements made in the underhand sale of Letter C land forms a legal relationship between the two parties. The legal relations are relationships that result in legal consequences guaranteed by the laws and regulations. Every legal act that causes legal consequences must have legal protection, especially when there is a dispute between the parties. Dispute can occur after the under-hand agreement of the sale of Letter C Land was agreed, therefore legal protection is needed to provide solutions, certainty and clarity towards the resolution of the existing as well as the potential post-agreement disputes. Keywords: Legal Protection; Under-hand Agreement; the sale of Land.Abstrak Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian dibawah tangan jual beli tanah Letter C. Perlindungan hukum yang diberikan bagi para pihak dalam perjanjian dibawah tangan terdapat di dalam perjanjian apabila dalam perjanjian disebutkan secara khusus dalam klausula-klausula yang telah disepakati dalam perjanjian. Perlindungan hukum yang terdapat diluar perjanjian yaitu dalam ketentuan peraturan perundang-undangan yang berlaku, yaitu KUHPerdata dan undang-undang. Perlindungan hukum merupakan suatu hal yang penting dalam menjamin terpenuhinya hak-hak hukum seseorang. Selain itu, perlindungan hukum yang diberikan memiliki tujuan lain yaitu guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) maupun represif (memperbaiki). Perjanjian yang disepakati dalam perjanjian jual beli tanah Letter C dibawah tangan menimbulkan suatu hubungan hukum antara dua pihak yang membuatnya. Hubungan hukum sendiri merupakan hubungan yang menimbulkan akibat hukum yang dijamin oleh hukum atau undang-undang. Setiap perbuatan hukum yang menimbulkan akibat hukum harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa diantara para pihaknya. Sengketa pertanahan dapat timbul setelah disepakatinya perjanjian jual beli tanah Letter C, maka dari itu diperlukan perlindungan hokum untuk memberi solusi dan kepastian serta kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati. Kata Kunci: Perlindungan Hukum; Perjanjian di bawah tangan; Jual Beli Tanah.

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2. English legal system—an overview

English Legal System ◽

10.1093/he/9780198808152.003.0002 ◽

2018 ◽

Author(s):

Steve Wilson ◽

Helen Rutherford ◽

Tony Storey ◽

Natalie Wortley

Keyword(s):

European Union ◽

Criminal Law ◽

Legal System ◽

Common Law ◽

Civil Law ◽

European Convention ◽

The European Union ◽

Parliamentary Sovereignty ◽

Legal Concepts ◽

The Relationship

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.

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