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All Journal Jurnal Interpretasi Hukum Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Geraldha Islami Putra Disantara
Universitas Negeri Surabaya, PSDKU Magetan, Indonesia
Law, Crime, Criminology & Criminal Justice

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Sistem Hukum Penanggulangan Darurat Kesehatan dalam Perspektif Omnibus Law: Relasi terhadap Hak Asasi Manusia Fradhana Putra Disantara; Fathul Hamdani; Ana Fauzia; Geraldha Islami Putra Disantara
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10512.1120-1130

Abstract

The purpose of this research is to examine various problems in overcoming the past health emergency (Covid-19 pandemic), and to initiate the use of the concept of omnibus law in the context of harmonizing the legal system for overcoming health emergencies with a human rights perspective. This research applies the normative research method using statutory, conceptual, and case approaches. The results show that the current regulation on health emergency management is still not comprehensive enough to guarantee legal certainty and protection of human rights. For example, the authority to determine regional quarantine in the hands of the Central Government is in fact not very effective, because each region in Indonesia has its own characteristics, so it would be better to apply regional quarantine asymmetrically by handing over the authority to determine regional quarantine to local governments who know better the real conditions in their regions. Then in terms of procurement and implementation of vaccinations, starting from the absence of legal certainty and protection to obtain halal-certified products (vaccines) as mandated in Law Number 33 of 2014 concerning Halal Product Guarantee, to the imposition of sanctions for delaying or terminating social security which actually contradicts Law Number 40 of 2004 concerning the National Social Security System. Therefore, it is necessary to harmonize the legal instruments for health emergency management using the concept of omnibus law which will revise all regulations related to the acceleration of infectious disease prevention, such as the implementation of regional quarantine, the application of sanctions, guarantees of community needs, to regulations related to the implementation of vaccinations.
The Problematics of the Legal Standing of Deoxyribonucleic Acid (DNA) Test Results Concerning Civil Relationships of Illegitimate Children: A Legal Pluralism Perspective Fradhana Putra Disantara; Dicky Eko Prasetio; Geraldha Islami Putra Disantara; Briggs Samuel Mawunyo Nutakor
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.5156

Abstract

Decision No. 46/PUU-VIII/2010 by the Constitutional Court has introduced legal challenges, particularly concerning the acceptance of DNA testing as evidence for establishing civil relationships between a child and their biological parent. This study aims to analyze the legal issues surrounding the use of DNA testing to prove civil rights of illegitimate children and the aspects of legal pluralism related to this use. The research employs a normative legal approach, utilizing case, conceptual, and legislative analyses. Findings indicate that the legal issues with DNA testing for establishing the civil rights of illegitimate children stem from the Constitutional Court's decision, which has not fully considered the legal pluralism perspective, leading to potential application challenges. Post-decision, DNA testing reflects a weak legal pluralism where the Court's ruling is not easily applicable due to conflicts with Islamic law as outlined in Article 100 of the Compilation of Islamic Law (KHI). Consequently, it is recommended that the Constitutional Court and judicial institutions consider legal pluralism aspects in their decisions to strengthen legal pluralism, ensuring that court rulings are optimally implemented in alignment with existing and practiced legal frameworks within society.
Co-Authors Ana Fauzia Briggs Samuel Mawunyo Nutakor Dicky Eko Prasetio Fathul Hamdani Fradhana Putra Disantara Fradhana Putra Disantara