scholarly journals Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis

2020 ◽  
Vol 1 (1) ◽  
pp. 7-12
Author(s):  
Julius Roland Lajar ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Health Workers ◽  
Health And Safety ◽  
Code Of Conduct ◽  
Medical Personnel ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Standard Operating ◽  
Administrative Sanctions ◽  
Health Laws ◽  
Laws And Regulations

Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.

scholarly journals TINJAUAN YURIDIS PENEGAKAN HUKUM MALPRAKTIK DOKTER PADA PELAYANAN KESEHATAN DALAM PERSPEKTIF HUKUM PIDANA

2020 ◽  
pp. 47
Author(s):  
Budi Handoyo
Keyword(s):  
Law Enforcement ◽  
Medical Malpractice ◽  
Health Workers ◽  
Medical Profession ◽  
Criminal Liability ◽  
Health Sector ◽  
Medical Personnel ◽  
Criminal Code ◽  
Legal Certainty ◽  
Conceptual Approach

The problem of malpractice committed by doctors and medical personnel in health care is an act that is very detrimental to the patient in conducting treatment can result in worsening medical conditions, or death of a patient. Errors in carrying out the medical profession will form criminal liability. Therefore, it is necessary to have a special legal certainty in the health sector to provide legal justice for injured patients. the research used is normative juridical research or normative law. The approach taken is, the law approach, case approach and conceptual approach. Based on the results of the discussion, it was found that the process of criminal law enforcement for medical malpractice cases is regulated in Article 360 paragraph (1) and (2) of the Criminal Code which contains elements of negligence (kulpa) of doctors or medical personnel. To provide a stronger guarantee of legal certainty, law enforcement for medical malpractice and health workers is regulated in Law No. 36 of 2009 concerning Health and Law No. 36 of 2014 concerning Health Workers.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

Criminal Liability for Misuse of Electronic Medical Records in Health Services

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 215
Author(s):  
Prilian Cahyani ◽  
Astutik Astutik
Keyword(s):  
Health Services ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Practice ◽  
Medical Records ◽  
Health Workers ◽  
Criminal Liability ◽  
Medical Personnel ◽  
Conceptual Approach

Electronic medical records (RME) have been used in hospitals as a substitute for or complementary to medical records in the form of paper. The obligation to make medical records is the responsibility of every doctor or dentist in carrying out the medical practice. However, the use of electronic-based medical records does not rule out the possibility of raising problems in the field of law, if some abuse it. This will raise the issue of who has the obligation to take responsibility. The problem is the background of the author to write in an article with the title "Accountability for the Misuse of Electronic Medical Record Abuse in Health Services". The formulation of the problem in this article is: 1) Setting an electronic medical record; 2) Criminal liability for the misuse of electronic medical records. The research method used is normative legal research with a statutory approach and a conceptual approach. From the discussion, it can be seen that in Indonesia the obligation to make medical records is specifically regulated in the Medical Practice Law. Furthermore, in the Ministry of Health No. 269 / MENKES / PER / III / 2008 especially Article 2 paragraph 2 states that medical records can be made electronically. However, to date, no specific regulations are governing electronic medical records. The use of electronic systems in medical records makes it necessary to heed the provisions of Law No. 11 of 2008 concerning Electronic Information and Transactions. The party who has the responsibility for the misuse of the Electronic Medical Record covers people who in this case are medical personnel or certain health workers. Hospitals can also be held responsible for the misuse of electronic medical records.

scholarly journals Control of Alcoholic Drinks Distribution in Supporting Tourism Business

2020 ◽  
Vol 1 (4) ◽  
pp. 9-18
Author(s):  
Fitria Ramadhani Nuraini
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Conceptual Approach ◽  
Alcoholic Drinks ◽  
The Government ◽  
Administrative Sanctions ◽  
And Control ◽  
Laws And Regulations

In Surabaya city, the demand for alcoholic drinks by tourists is quite high so that sales of alcoholic drinks support the running of tourism businesses such as hotels, bars, restaurants, pubs, night clubs and discotheques. The purpose of this article is to find out  how to control the sales of alcoholic drinks in supporting the tourism business in Surabaya City and law enforcement efforts in controlling the distribution and sale of alcoholic drinks in the tourism business. The method used in this article is statute approach and conceptual approach. The results is related to this case, the government is making efforts to supervise and control the distribution of alcoholic drinks by making laws and regulations related to the control of the distribution of alcoholic drinks and stipulating requirements for tourism places that sell alcoholic drinks, one of which must have special permits. Administrative law enforcement consists of preventive administrative law enforcement, namely in the form of supervision and repressive administrative law enforcement, in the form of the application of administrative sanctions.

scholarly journals Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 433
Author(s):  
Arif Bahtiar Jefry ◽  
Lathifah Hanim
Keyword(s):  
Code Of Conduct ◽  
Civil Code ◽  
Strength Of Evidence ◽  
Criminal Sanctions ◽  
Judicial Decisions ◽  
Subjective Element ◽  
Injured Party ◽  
The Law ◽  
Article 50 ◽  
Administrative Sanctions

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
International Agreement ◽  
Conceptual Approach ◽  
Turtle Species ◽  
Criminal Sanctions ◽  
The World ◽  
Administrative Sanctions ◽  
Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

scholarly journals The urgency of asset confiscation sanction in tax crimes

2020 ◽  
Vol 9 (5) ◽  
pp. 285-293
Author(s):  
Rudi Margono ◽  
I Nyoman Nurjaya ◽  
Tunggul Anshari Setia Negara ◽  
Heru Hadi
Keyword(s):  
Corporate Governance ◽  
Economic Benefits ◽  
Economic Crime ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Legal Implications ◽  
The Future ◽  
Legal Uncertainty ◽  
Materials Used ◽  
Administrative Sanctions

Law Number 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP), regulates administrative sanctions and criminal sanctions. The KUP Law method does not yet regulate how to save the loss of state revenue because it does not regulate the implementation of criminal fines, the legal implications of different decisions that cause legal uncertainty, injustice and have not provided benefits, especially in an effort to collect taxes. The purpose of this paper is to find out, analyze, and find the urgency of regulating criminal sanctions for the deprivation of assets in tax crime. This study is normative legal research with a legislation approach, historical approach, comparative law approach, conceptual approach, and case approach. The legal materials used are primary and secondary legal materials. Analysis of legal material is done with a descriptive perspective. The results of this study indicate that the inclusion of fine sanctions in the KUP Act turns out to lead to different interpretations resulting in legal uncertainty and does not provide economic benefits for the state in law enforcement, because the sanctions for fines are not complemented by implementing sanctions in the form of additional criminal sanctions in the form of confiscation of assets belonging to the defendant or an act (maatregel) in the form of requiring improvement of corporate governance in accordance with good corporate governance or placement of a legal company, where an economic crime is committed under a certain period of time, so that in the future the KUP Act, additional sanctions or actions to strengthen / complete in the future criminal sanctions for fines.

scholarly journals Hospital Policy in Providing Medicines outside the Provisions of Permenkes No. 28/2014 to BPJS Participant Patients

2021 ◽  
Vol 8 (1) ◽  
pp. 21-29
Author(s):  
Joko Wahono
Keyword(s):  
Health Service ◽  
Health Workers ◽  
Legal Responsibility ◽  
National Defense ◽  
Conceptual Approach ◽  
Hospital Policy ◽  
The Public ◽  
Hospital Policies ◽  
Prescribed Medicines ◽  
Laws And Regulations

This study analyzes criminal, civil and administrative legal responsibility for hospital policies in administering medicines outside the provisions of Permenkes Number 28 of 2014. This research is a normative legal research using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The document study is used to collect legal material. The legal materials in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The health service that is often provided by the hospital to the public is a form of health service that is carried out outside the provisions of the regulations that must be carried out in accordance with the prevailing laws and regulations. The results showed that the implementation of medicine services for BPJS participant patients at the hospital was not in accordance with the Minister of Health Regulation No. 28 of 2014, BPJS participant patients were prescribed medicines outside the National Defense Forces to buy medicines at outside pharmacies at their own expense. The hospital can be held responsible for criminal, civil and administrative law. Therefore, it is hoped that hospitals and health workers, especially doctors, in carrying out their duties and obligations must comply with the prevailing laws and regulations in order to avoid the risk of legal liability.

scholarly journals Analisa Penjatuhan Sanksi Administrasi Dan Sanksi Pidana Dalam Penanganan Tindak Pidana Perbankan Ditinjau Dari Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan Dan Undang-Undang Nomor 7 Tahun 1992 Tentang Perbankan Beserta Perubahannya

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Satria Anggara Pinandita
Keyword(s):  
Economic Growth ◽  
Financial Services ◽  
Banking Sector ◽  
Criminal Sanctions ◽  
Administrative Sanctions ◽  
Laws And Regulations

Criminal acts, crimes, and law violations continue to evolving along with the development of technology and economic growth. Which also results in the arising of crime in the banking sector. In the prevailing laws and regulations, Crime in the Banking Sector may be subject to criminal and administrative sanctioning. Criminal sanctions and administrative sanctions against Crimes in Banking are regulated in Law Number 21 of 2011 concerning the Financial Services Authority and Law Number 7 of 1992 concerning Banking. In the imposition of criminal sanctions and administrative sanctions, individuals and Financial Services Institutions in the Banking Sector can be imposed.

scholarly journals Implementation of Good Corporate Governance Principles in Commercial Banks

2020 ◽  
Vol 7 (10) ◽  
pp. 404
Author(s):  
Adinda Mutia Gani ◽  
Kurniawan Kurniawan ◽  
Hirsanuddin Hirsanuddin
Keyword(s):  
Corporate Governance ◽  
Data Analysis ◽  
Commercial Banks ◽  
Qualitative Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Good Corporate Governance ◽  
Administrative Sanctions ◽  
Legal Consequences

This research was conducted to find out how the application of the principles of Good Corporate Governance by Bank Indonesia to Commercial Banks and what are the legal consequences if Commercial Banks do not apply the principles of Good Corporate Governance in carrying out banking activities. This research is a normative legal research with a statutory and conceptual approach and qualitative data analysis. The results obtained from research conducted were that the implementation of Good Corporate Governance at Commercial Banks by Bank Indonesia was caused by the economic and monetary crises that occurred in Indonesia in 1997-1999 due to the failure to apply Good Corporate Governance in every activity in the company and in banking and legal consequences. for Commercial Banks that do not apply Good Corporate Governance in their banking activities as stipulated in Bank Indonesia Regulation Number 8/14 / PBI / 2006 Article 69, namely administrative sanctions and No criminal sanctions for Commercial Banks that do not apply Good Corporate Governance in their banking activities.

Sign in / Sign up

Export Citation Format

Share Document