Ni Nyoman Putri Purnama Santhi
Bali International University

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A LAW ATTEMPT TO RESOLVE THE VACUUM OF NORM BY FORMULATION PERPPU AS A NEW LEGAL FORMATION RELATED TO THE IMPLEMENTATION OF INTERIM REPLACEMENTS IN SPECIAL SITUATIONS Ni Nyoman Putri Purnama Santhi; Hendij Ana Widowati
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The existence of mass or collective corruption cases committed by DPRD legislators in the current legal reality has caused a vacuum in the legislature and stagnation in the administration of local government. DPRD legislators who have been identified as defendants must resign through the mechanism of inter temporal replacement (PAW). Principally, the problem is that the rights of these defendants are still protected by law because there has been an unincracht decision. This is the case of the legal studies issues raised in this paper. The research used in this writing is normative legal research because there are problems with the condition of vacuum norms so that new laws and regulations are needed to regulate the stagnation of local government administration due to mass corruption. Furthermore, it is necessary to establish a new law, namely Government Regulation in Lieu of Law (Perppu) as a new legal norm that regulates special situations. In terms of overcoming if similar legal problems will occur again at a later time, then the provisions in the Perppu will apply and otherwise the MPR, DPR, DPRD, and DPD Law (MD3 Law) is not applicable in the special situation problem, as the use of the principle of lex posteriori derogat legi priori applies.
The Effectiveness of The Implementation of Legal Protection for Vocational High School Students Who Have Had Work Accidents in The Field Work Practice: A Case Study at The Alantara Sanur Ni Wayan Eka Damayanti; Ni Nyoman Putri Purnama Santhi; I Putu Harry Suandana Putra; Ni Putu Yuliana Kemalasari
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.2974

Abstract

Field Work Practice (Praktik Kerja Lapangan/PKL) is an essential component of the Vocational High School (SMK) curriculum intended to equip students with genuine workplace experience, yet its implementation within the hospitality industry carries a real risk of occupational accidents that may harm students who hold the dual status of learners and apprentices. This study aims to identify and analyze the effectiveness of legal protection for SMK students who experienced occupational accidents during PKL at The Alantara Sanur, and to identify the supporting and inhibiting factors affecting that effectiveness. The study employs an empirical juridical method with a descriptive character, using the fact approach, statute approach, and conceptual approach. Data were collected through document study, interviews, and field observation. The findings indicate that the implementation of legal protection for PKL students at The Alantara Sanur has not been fully effective. Based on Soerjono Soekanto's five factors of legal effectiveness, a gap between das sollen and das sein was found across all dimensions, including normative gaps in regulation (Law No. 1 of 1970, Law No. 13 of 2003, and Ministerial Regulation No. 50 of 2020) that fail to explicitly provide social security for PKL students, weak supervision by schools and industry, unstructured occupational safety training, low legal awareness among students and hotel staff, and a speed-oriented work culture. The inhibiting factors are multilevel and mutually reinforcing, while the supporting factors an existing normative framework, an improvable SOP and MoU, and industry good faith may serve as a foundation for reform. This study recommends regulatory refinement accompanied by a tripartite supervisory mechanism among schools, industry, and government, as well as the strengthening of structured occupational safety training for PKL students.
The Legal Standing of Living Wills as Notarial Deeds in the Indonesian Health Law System: A Study on the Legal Certainty of Refusal of Medical Treatment Efrianza Efrianza; Ni Nyoman Putri Purnama Santhi
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3038

Abstract

A living will is a legal instrument that sets out a person's wishes regarding future medical treatment they wish to receive or refuse once they are no longer legally competent to give consent themselves. Law Number 17 of 2023 on Health regulates informed consent for medical procedures, but does not explicitly regulate the mechanism of an advance directive for future decisions, creating a normative vacuum that risks legal uncertainty for patients, families, and medical personnel. This study aims to examine the legal standing of living wills within the Indonesian health law system and to analyze the extent to which a notarial deed may serve as a valid and binding legal instrument for recording a living will. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that a notarial deed, given its perfect evidentiary force under Articles 1868 and 1870 of the Indonesian Civil Code, holds considerable potential to strengthen the legal certainty and binding force of a living will compared with the medical consent forms currently used in hospitals. The study recommends a proposed legal construction (ius constituendum) that explicitly recognizes the living will in the form of a notarial deed as part of the national health law system.
The Legal Position of The Feasibility Study in Hospital Development Under Law Number 17 of 2023 on Health I Wayan Gede Subawa; I Putu Harry Suandana Putra; Ni Nyoman Putri Purnama Santhi; Ni Putu Yuliana Kemalasari
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3039

Abstract

This study aimed to analyze the legal framework governing the preparation of a feasibility study for hospital development under Law Number 17 of 2023 on Health and its implementing regulations, to examine the position of needs and feasibility assessment in the feasibility study as the basis for licensing and hospital establishment, and to analyze the legal consequences of hospital development carried out without a feasibility study that complies with statutory requirements. This research employed normative legal research using statutory, conceptual, and analytical approaches, with primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that a feasibility study in hospital development functions as a substantive basis for licensing, an administrative control instrument, and a means of protecting public interest, since none of the regulations examined explicitly defines feasibility study as a mandatory legal document, leaving a normative gap regarding its definition, methodology, and evaluation mechanism. Hospital development without a feasibility study that complies with legal requirements may result in rejection or revocation of licenses, legal liability of the organizer, civil losses, and disruption of the protection of patients' and society's rights. The study concludes that a feasibility study must be positioned as a legal compliance instrument that is comprehensively prepared before hospital development is carried out, and recommends that the government formulate a national technical standard covering its definition, scope, methodology, and evaluation mechanism.