Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : JURNAL ILMIAH ADVOKASI

LEGAL CERTAINTY OF VILLAGE ASSET LAND USED FOR SCHOOL BUILDINGS: A REVIEW OF MINISTER OF HOME AFFAIRS REGULATION NO. 3/2024 Fauzan, Muhammad; Haspada, Deni; Asril, Juli
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7422

Abstract

Village asset land has a vital role as a supporter of development and a source of village income, but there are often issues of legal certainty over its ownership and management status, especially when utilized as a school building. Therefore, a clear regulation and settlement mechanism in accordance with laws and regulations are needed so that village assets remain protected and can be optimally utilized for the public interest. This research aims to analyze the legal certainty of land ownership of village assets used as school buildings based on the Regulation of the Minister of Home Affairs Number 3 of 2024. The method used is normative juridical with a descriptive-analytical approach through the review of legislation, legal doctrine, and relevant secondary data. The results show that village land used for schools remains legally classified as village assets and must be managed in accordance with the principles of transparency, accountability, and legal certainty. The land exchange mechanism—as regulated in Articles 25 and 48A of Minister of Home Affairs Regulation No. 3 of 2024—requires replacement with land of equal or higher value, and proper certification under the village government's name. However, its implementation faces challenges, including uncertified land ownership, limited legal capacity of village officials, and bureaucratic hurdles in administrative approval, all of which hinder effective and lawful asset management and the preservation of the land’s social function. Keywords: Village assets; legal certainty; school; certification; swap
LEGAL PROTECTION FOR MIDWIVES PROVIDING FIRST AID IN EMERGENCY SITUATIONS BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH Hanafi, Doni; Asril, Juli; Pradita, Nugraha
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7413

Abstract

The legal protection of midwives in providing emergency care, as regulated in Indonesia’s Health Law Number 17 of 2023, is essential for ensuring legal certainty and safety in medical practice. This study aims to analyze the scope of legal liability related to first aid provided by midwives to patients in emergency situations. Using a normative juridical approach and descriptive-analytical method, this research is based on literature reviews and secondary data from relevant laws and professional guidelines. The findings indicate that midwives are legally protected as long as their actions follow professional standards, codes of ethics, and standard operating procedures. Legal protection includes the right not to be criminally or civilly prosecuted when giving life-saving aid in emergencies within their competence, even if done beyond their normal authority—as long as it is based on scientific judgment and good faith. However, legal sanctions may apply if midwives act negligently, without proper competency or authority, or if harm is caused due to failure to follow procedures, such as not making timely referrals or conducting improper medical treatment. Illustrative cases show that midwives can face criminal charges (e.g., under Article 359 of the Criminal Code) or civil lawsuits when there is proven malpractice or patient death due to unprofessional conduct. This study emphasizes the need for clear legal frameworks supported by preventive mechanisms (such as continuous professional education), repressive actions (like disciplinary or criminal measures), and non-litigation efforts (such as mediation or institutional protection through professional associations) to ensure justice, safety, and legal clarity for midwives practicing in emergency contexts..Keywords: midwife; emergency care; legal protection; professional standards; regulation