scholarly journals Analysis of Out of Court Medical Dispute Resolution According to the Laws and Regulations Applicable in Indonesia

SOEPRA ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 107
Author(s):  
Ariko Rahmat Putra ◽  
Noormartany Noormartany ◽  
Dony Septriana Rosady
2021 ◽  
Vol 4 (1) ◽  
pp. 1-11
Author(s):  
Agusniar Basoddin ◽  
Yulia A. Hasan ◽  
Zulkifli Makkawaru

Penelitian ini bertujuan untuk mengidentifikasi tentang status harta pada perkawinan siri dan penyelesaian sengketa harta kekayaan pada perkawinan siri. Penelitian ini menggunakan metode kualitatif, yang bersumber dari data responden, pembagian angket dan wawancara serta  bahan-bahan dari pustaka yang berlaku dan berkaitan dengan status harta kekayaan pada perkawinan siri yang terjadi di Dusun Taipalampang Kecamatan Bontoramba Kabupaten Jeneponto. Hasil penelitian ini menunjukkan bahwa fenomena perkawinan siri yang terjadi pada Dusun Taipalampang bisa menimbulkan  berbagai macam permasalahan dari aspek hukum dan lingkungan masyarakat. Perkawinan siri menurut Pasal 2 ayat (1) Undang-Undang Perkawinan No 1 Tahun 1974, perkawinan yang  sah adalah perkawinan yang dilakukan menurut hukumnya masing-masing agama dan kepercayaannya. Pada pasal tersebut undang-undang perkawinan menyerahkan syarat sahnya perkawinan dilihat dari sudut agama. pada perkawinan siri terdapat cacat administrasi karena pada pasal 2 ayat (2) UUP  dijelaskan bahwa tiap-tiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku sehingga apabila terjadi permasalahan pada sengketa perkawinan dapat diselesaikan dengan berdasarkan hukum yang berlaku. Diketahui bahwa pencatatan perkawinan merupakan salah satu bukti konkrit yang dapat digunakan untuk membuktikan apakah benar telah terjadi perkawinan, dengan adanya pencatatan juga memudahkan Pengadilan Agama menyelesaikan sengketa harta kekayaan apabila terjadi perceraian. Karena pada perkawinan siri tersebut sulit untuk menentukan status harta kekayaan dalam hukum apabila perkawinan tidak tercatat. This study aims to identify the status of property in unregistered marriage “nikah siri” and dispute resolution property on the unregistered marriage. This study uses a qualitative method, which is sourced from the data of respondents, the distribution of questionnaires and interviews as well as materials from the literature, which are valid and related to the status of property on unregistered marriage that happens in Taipalampang, Bontoramba District, Jeneponto Regency. The results of this study show that the phenomenon of “nikah siri” which happens in Taipalampang can cause a variety of problems from the aspect of law and society. Unregistered marriage, according to Article 2, paragraph (1) of the Marriage Law No. 1 Year 1974, a legal marriage is a marriage conducted according to the law of each religion and beliefs. In the chapter of the laws of marriage handed over the terms of the validity of a marriage is seen from the angle of religion. On Unregistered marriage, there are defects in administration because article 2, paragraph (2) UUP explains that every marriage is recorded according to the laws and regulations that apply so that in case of problems in a marital dispute can be resolved with the under applicable law. Be aware that the registration of marriage is one of the concrete pieces of evidence that can be used to prove whether the right has occurred to the marriage, with the recording also facilitating Religious Court resolve the dispute assets if they divorce. Because ‘nikah siri” is difficult to determine the status of the assets in the law if the marriage is unregistered.


2018 ◽  
Vol 251 ◽  
pp. 05022
Author(s):  
Dezhi Li ◽  
Huiyan Zhang ◽  
Xuehua Fang

Since formally introduced the friendly Amicable Settlement mechanism in 1987, FIDIC’ s efforts to promote and improve the alternative dispute settlement mechanism for construction work have been greatly developed. The current laws and regulations in China on alternative dispute resolution mechanisms for construction disputes are not perfect, and the newly revised “Conditions of contract for Construction” (GF2017-0201) lacks operability. It is of great significance to improve the dispute settlement mechanism by drawing on the provisions of article 20 of FIDIC (New Red Book), accumulate international experience and develop “One Belt And One Road”.


법과정책 ◽  
2011 ◽  
Vol 17 (1) ◽  
pp. 119-142
Author(s):  
SangChan Kim ◽  
권수진

2021 ◽  
Vol 6 (16) ◽  
Author(s):  
Izuan Izzaidi Azmi ◽  
Norfarhana Md Daud ◽  
Bill Atkin ◽  
Faznur Md Rashid Khan

As medical negligence has become a public concern today, there is an increasing number of medical negligence claims which commonly settled through litigation. However, numerous problems regarding the practice of litigation have come to light. Hence, the research aims to examine the current medical dispute resolution in Malaysia to find a better solution. The findings show that there are weaknesses and flaws of the existing practice and found that there are other alternative dispute resolutions available and more suitable. Thus, the research provides the grounds for legal reform and makes recommendations for improvement of Malaysia’s medical negligence dispute resolution framework. Keywords: medical negligence; dispute resolutions; Malaysia eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI:


Author(s):  
Ariep Mulyadi ◽  

The therapeutic transaction agreement is an agreement between a doctor and a patient which is a legal relationship. Therefore, it gives birth to rights and obligations between doctors and patients which have the potential to cause medical disputes between doctors and patients (malpractice). There are two ways to process medical dispute resolution, namely litigation (through court) and non-litigation (outside court). The litigation process is costly and time-consuming, and often results in one party being the winner and the other party being the loser. The protracted process in court causes a lot of sharp criticism of the judiciary when carrying out its functions, therefore it is necessary to improve the judicial system towards being effective and efficient, especially in medical disputes between doctors and patients. So the medical dispute mediation route between doctors and patients can be an alternative dispute resolution (ADR) that is more effective and efficient. The purpose of this study was to analyze the elements of a therapeutic agreement based on contract law in the Civil Code. And Analyzing mediation as an alternative to dispute resolution of therapeutic agreements for doctors and patients. To achieve this objective, research was conducted using normative juridical legal research methods. So this research approach uses the Statute Approach or research approach to legal products, by examining all laws and regulations related to what will be researched.


2021 ◽  
Vol 2 (3) ◽  
pp. 15-24
Author(s):  
Adelin Litan ◽  
Fresley Hutapea ◽  
Rina Mutiara

Medical disputes that are rife in the medical world in Indonesia are a separate burden for medical personnel in carrying out daily practices, where the hospital as a place for medical personnel to work, should be responsible for medical personnel involved in medical disputes. The absence of sufficiently clear regulations governing the responsibility of hospitals in resolving medical disputes, makes medical personnel, in this case, the most disadvantaged part. The purpose of this study is to empirically determine the applicable laws and regulations regarding the responsibility of hospitals in the process of resolving medical disputes and the effectiveness of their implementation. The research method used is qualitative research with case study approach. Data sources are primary and secondary data. The data analysis subjects were informants, namely the director of medical services, the legal department officer and the public relations officer. The analysis tool uses interactive analysis. There were at least 4 laws and regulations related to hospital responsibility for medical personnel and implementation of regulations regarding hospital responsibility towards medical dispute process is 88%. The research found no guidelines for handling medical disputes. This study shows that the laws and regulations related to hospital responsibility and their implementation in the medical dispute resolution process have been implemented. The recommendation to Hospital X Cibinong is to make guidelines on the flow of medical dispute handling and provide education about health law to all hospital staff, especially medical personnel as parties most vulnerable to malpractice suits.


2021 ◽  
Vol 2 (2) ◽  
pp. 339-345
Author(s):  
Dewa Gede Agung Getsumeda ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara

For parties who wish to resolve disputes without trial or arbitration, alternative dispute resolution is an option. This choice is entirely dependent on the wishes of the disputing parties. There is a dispute between the two parties so that each party can choose the method used. This study aims to determine the legal regulation of minor maltreatment committed by children through mediation and to find out the legal consequences if minor maltreatment crimes committed by children are resolved through mediation. The type of research used is normative legal research. Primary data is obtained from field reviews while secondary data is obtained from articles, laws and regulations, from books. In addition to these provisions, minor violations that can be resolved through mediation are criminal acts which can be in the form of confinement or imprisonment for a maximum of 3 (three) months or a maximum of Rp. 7,500.00 (Seven thousand five hundred). Criminal offenses committed by children under 8 years. The conclusion of this study is that the legal consequences if the crime of minor maltreatment committed by children is resolved through mediation, including settlement through deliberation, peace and agreement of the perpetrator, victim and family so as to produce a win-win solution. A peaceful settlement is basically an agreement that the parties consider good from all other ways.


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