I Putu Harry Suandana Putra
Bali International University

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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 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.