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p-Index From 2021 - 2026
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All Journal FOCUS: Journal of Social Studies Humaniorum Journal
Raden Arif Awangga
IBLAM School of Law
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Analisis Yuridis Pidana terhadap Malpraktik Anestesi dalam Operasi Plastik di Klinik Kecantikan Sifa Agustina Nurbani; Raden Arif Awangga
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.166

Abstract

The rapid development of the aesthetic industry in Indonesia has led to a significant increase in invasive medical procedures, including the administration of anesthesia in plastic surgery procedures at aesthetic clinics. This condition gives rise to legal implications when such procedures are performed without complying with professional standards, legal authority, and patient safety principles, thereby potentially constituting medical malpractice with criminal consequences. This study aims to analyze the construction of criminal liability of medical personnel and aesthetic clinics in cases of anesthesia malpractice, examine criminal sanction mechanisms under Indonesian positive law, and identify normative gaps affecting legal protection and legal certainty for patients. This research employs a normative juridical method with statutory, conceptual, and case approaches through the analysis of the Criminal Code, Law Number 1 of 2023, Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and relevant case studies of alleged anesthesia malpractice in aesthetic clinics. The results indicate that anesthesia procedures performed without adherence to professional standards (lex artis), competence, and lawful authority constitute professional negligence (culpa professionalis) that may give rise to criminal liability when the elements of unlawful conduct, fault, harmful consequences, and causal relationship are fulfilled. Such criminal liability may be imposed not only on medical personnel as individual legal subjects but also on aesthetic clinics as corporate entities based on the principle of corporate criminal liability. This study concludes that although the criminal health law framework has provided a legal basis for criminal liability in anesthesia malpractice, normative gaps remain regarding the limits of anesthesia authority in aesthetic clinics. Therefore, regu
Analisis Implementasi Upah Minimum terhadap Kesejahteraan Pekerja di Indonesia Indah Hasanah; Raden Arif Awangga
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2250

Abstract

This study analyzes Indonesia’s minimum-wage policy after the enactment of Law Number 6 of 2023 and Government Regulation Number 51 of 2023, with particular attention to its legal design, implementation, and contribution to workers’ welfare. It uses normative legal research with statutory and conceptual approaches. Primary legal materials comprise the 1945 Constitution, manpower legislation, and wage regulations, while secondary materials include scholarly literature and official labor statistics. The materials are analyzed qualitatively through interpretation, systematization, and evaluation of the consistency between legal norms and implementation. The study finds that minimum wages function as a mandatory wage floor for workers with less than one year of service, whereas workers with longer service should be protected through a wage structure and scale. Although this framework can support purchasing power and prevent excessively low wages, its welfare effect remains uneven because of employer non-compliance, limited labor inspection, regional disparities, and the exclusion of many informal workers from wage-setting protection. The effectiveness of minimum-wage policy therefore depends not only on the annual formula but also on enforceable supervision, accessible complaint mechanisms, application of wage structures and scales, and coordination with social-security and productivity policies. The study’s novelty lies in evaluating the post-2023 framework through the combined lenses of normative protection, enforcement capacity, and the differentiated coverage of formal and informal workers.
Co-Authors Indah Hasanah Sifa Agustina Nurbani