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Aris Priyadi
Faculty of Law, Universitas Wijayakusuma Purwokerto

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Tanggung Jawab Dokter/Rumah Sakit Akibat Malpraktik Medis SebagaiUpaya Perlindungan Hukum Bagi Pasien Aris Priyadi
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.nh1swc85

Abstract

The relationship between a doctor and a patient is basically a civil law relationship, where the patient comes to thedoctor to cure his illness and the doctor promises to try to treat or cure the illness. Civil relations are legal relationscarried out by parties who are in equal positions. The relationship between the doctor and the patient gives rise torights and obligations or in other words the agreement/agreement between the doctor and the patient gives rise toan obligation, in this case a business contract (inspanning verbintennis) because it is based on an obligation to dobusiness. Doctors are obliged to provide care with care and attention in accordance with professional standards. Soif the patient/family finds out that the doctor has not fulfilled his obligations as stated in the agreement, he can file alawsuit for breach of contract before the court and ask for the agreement to be fulfilled and can demandcompensation. Likewise, if a doctor in his service to a patient commits an act that violates the law, then inaccordance with the provisions of Article 1365 of the Civil Code which regulates unlawful acts, the plaintiff (victim,patient) can demand compensation, both material and immaterial. The principle of the reverse burden of proof canbe applied in medical cases, so the rights of the patient (plaintiff) will be protected, meaning that the plaintiff(patient), even though it is difficult or impossible to prove the fault of the defendant (doctor, hospital) and will stillobtain his rights, namely in the form of compensation both material and immaterial.Keywords: Doctor's liability, malpractice, medica
Eksekusi Putusan Pengadilan Dalam Perkara Perdata Di Pengadilan NegeriPurwokerto Kelas 1B Aris Priyadi
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.c02ek163

Abstract

Court decisions must be enforceable or enforceable. Court decisions are meaningless if they cannot beimplemented. Therefore, the judge's decision has executorial power, namely the power to carry out what isstipulated in the decision, either voluntarily or under coercion by state instruments. Execution is theimplementation of a court decision that has obtained permanent legal force (in kracht van gewijsde) which iscarried out by force because the losing party in the case does not want to fulfill/obey the implementation of thecourt decision voluntarily. There are two forms of execution when viewed from the target to be achieved by thelegal relationship stated in the court decision, namely actual execution and execution of payment of a sum ofmoney. Purwokerto District Court Class 1 B, in the event that the execution has gone through an executionprocedure.
Tinjauan Hukum Tentang Hibah Dan Batasan Pemberian Hibah Aris Priyadi
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.21845075

Abstract

A grant is a gift from one person to another where the giver is still alive. Materially, the existence of a grant hassomething to do with inheritance. Provisions/rules regarding grants in Indonesia are still pluralistic. Basically, anowner of property has the right and freedom to give/grant to anyone, including his children, provided that the gift(grant) does not cover and does not reduce other rights as heirs. If the conditions and pillars are met then the grantis valid. Giving grants according to Islamic law (Compilation of Islamic Law) is limited to a maximum of 1/3 (onethird) of the total assets of the grantor. In the event that grants are made to their children (heirs), then thelimitation is that grants must be made with the principle of justice. This grant limit is given to protect the rights ofthe heirs after the grantor dies. In addition to the maximum limits regulated in the Compilation of Islamic Law (KHI),customary law and the Civil Code also provide the same limits on grant grants. This is intended to protect theabsolute rights of the heirs and to avoid losses suffered by the heirs whose share cannot be reduced according to law(legitieme portie).
Putusan /Akta Perdamaian Sebagai Bagian Dari Sistem MediasiBerdasarkan Perma No. 1 Tahun 2016 Di Pengadilan NegeriPurwokerto dan Pengadilan Negeri Banyumas Tahun 2022 Aris Priyadi
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.6m39z449

Abstract

Settlement of civil disputes is known as a peaceful institution as stipulated in Article 130 HIR in essence, thejudge is obliged to reconcile the parties in a dispute as the basis for the implementation of the peace processin every civil case examination, but these peaceful institutions are not effective and efficient in resolving acase. dispute resolution (settlement method) out of court, known as Alternative Dispute Resolution (ADR).Perma No 1/2016, among other things, states: Every judge, mediator and parties are required to follow theprocedure for resolving disputes through mediation. Not taking the mediation procedure based on thisregulation is a violation of the provisions of Article 130 HIR/154 Rbg which results in the decision being nulland void. The Purwokerto District Court and the Banyumas District Court have in principle implemented theprovisions of PERMA No. can be resolved by a peace agreement and confirmed by a Peace Deed Decision
Perlindungan Hukum Terhadap Hak-Hak Anak dan PerempuanPasca Perceraian Aris Priyadi
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.7a7zdc46

Abstract

In general, it can be said that it is the will of the people who carry out the marriage, that the marriagewill continue and only be interrupted when one of the husbands or wives dies. But in reality, maintaining ahappy and eternal family is not easy. In the course of the household, there are often problems that resultin disputes and quarrels. When the rights of one party are violated, or one of the parties does not carryout their obligations, there will be turmoil in the household. Many husbands and wives finally decide to endtheir marriage by divorce. Divorce has legal consequences both for ex-husbands and ex-wives and forchildren. The Marriage Law does not provide a clear description if there is a dispute or struggle for childcustody (hadhanah), then custody of the child is given to the father or mother. However, the Compilationof Islamic Law (KHI) provides a more detailed description of child custody or hadhanah. Based onArticle 105 in conjunction with Article 156 of the Compilation of Islamic Law (KHI).
Analisis Yuridis Terhadap Permohonan Perwalian Dalam Pengurusan Izin Jual Tanah Anak Di Bawah Umur Aris Priyadi
Wijayakusuma Law Review Vol. 6 No. 2 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.745g8179

Abstract

In general, a child is someone who is not yet an adult or is not married. It is not possible for children under this age to carry out legal actions by themselves. For all legal actions, minors are under the authority of the Guardian. To sell land and buildings with the condition that parents act as guardians, you must apply for guardianship and apply for a permit to sell property for minors in the District Court. The purpose of writing this thesis is to understand the application procedures and responsibilities of guardians in processing permits to sell assets of minors in the District Court. This research uses a normative juridical approach, namely, it is carried out by examining theoretical concepts and statutory regulations related to this writing. The data source for this research is a secondary data source, namely data obtained through literature study. The method used in data analysis is a qualitative method, namely interpreted logically and systematically and then conclusions are drawn. The results of this research show that the application submission process consists of: first, the administrative stage, namely: the applicant brings the application letter, submits the case files to the first desk to register the application, pays the down payment, the First Desk Officer submits the SKUM and a copy of the application. Second, the trial stage, namely: The Panel of Judges reads the petition along with the evidence and grants the petitioner's petition. The guardian's responsibility is to make a list of the child's assets under his or her control and record all changes in assets used for the child's benefit until the end of the guardianship period.
Wanprestasi Dalam Perjanjian Jual Beli Khususnya Yang Disebabkan Adanya Cacat Tersembunyi Aris Priyadi
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.8knj0p90

Abstract

The main obligation of the seller in the sale and purchase agreement is to give up property rights over the object being traded and to bear enjoyment over the object and to bear any hidden defects. In Article 1504 of the Civil Code, namely the seller is obliged to bear hidden defects in the object being sold, which makes the object unable to use the intended use, or thereby reduces the use of it, so that if the buyer finds out about the defect, he will absolutely not buy the item, or will not buy it other than at a lower price. However, determining the size of the existence of a hidden defect in each person will be different, there may be someone who can accept the object he bought, even though according to the opinion of other buyers the object has hidden defects. The existence of hidden defects in the objects purchased can result in losses to the buyer because they do not get the object as expected in accordance with what has been previously agreed between the seller and the buyer, and will have legal consequences for the parties. From these descriptions, it encourages the author to write about a study of hidden defects in the agreement in the sale and purchase of movable objects. The research approach method used is juridical normative, while the research specification used is descriptive analysis.
Implikasi Hukum Dari E-Commerce Dalam Perspektif Perlindungan Konsumen Aris Priyadi; Teguh Anindito; Wiwin Muchtar Wiyono
Wijayakusuma Law Review Vol. 7 No. 2 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.ven6xd63

Abstract

This study aims to analyze the implications of the development of e-commerce for consumer protection in today's digital era. With the increase in online transactions, consumers face various challenges, including data security, fraud, and unclear product information. This study explores how consumer protection regulations and policies have been adapted to address these issues. The research method used is a literature review and descriptive analysis of regulations in force in several countries. The results indicate that although several countries have developed legal frameworks to protect consumers in e-commerce transactions, gaps remain that require further attention, particularly in law enforcement and consumer education. This study suggests the need for more comprehensive regulatory updates and effective education strategies to increase consumer awareness in the digital environment. Thus, the implications of e-commerce from a consumer protection perspective emphasize the importance of collaboration between the government, e-commerce service providers, and consumers to create a safe and transparent ecosystem.
Co-Authors Teguh Anindito Wiwin Muchtar Wiyono