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All Journal Jurnal Sosial dan Teknologi Devotion: Journal of Research and Community Service Journal of Social Science Journal Of Law Sciences (Legisci) Journal of Law and Social Politics Jurnal Greenation Sosial dan Politik Rechtsnormen: Journal of Law
Sri Primawati Indraswari
Universitas Swadaya Gunung Jati
Humanities Civil Engineering, Building, Construction & Architecture Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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RESOLUTION OF CASES OF ALLEGED MALPRACTICE OF BIDAN IN SUPPORTING BIRTH IN HOSPITALS BY PENAL MEDIATION (Case study of alleged midwife malpractice in a Cirebon Regency hospital) Dino Ubassandrio; Raja Ath-Thuur Rabbani; Wahyudin Wahyudin; Sri Primawati Indraswari; Harmono Harmono
Journal Of Social Science (JoSS) Vol 3 No 7 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i7.348

Abstract

Malpractice is an error of medical personnel in carrying out their profession that is not in accordance with professional standards and standard operating procedures, resulting in the patient receiving serious injuries, disabilities, and even death. This study aims to analyze the factors that cause the alleged malpractice of midwives in assisting childbirth and the settlement of cases of alleged malpractice with penal mediation. In this study, the method used is a normative juridical approach that involves analyzing the applicable laws related to malpractice cases by midwives as well as reviewing recent cases, with the use of secondary data collection techniques focused on literature review. The results of this study conclude that the main factor in the occurrence of malpractice in midwives is the existence of errors in the form of both negligence and culpa caused by carelessness. The settlement of alleged malpractice cases with penal mediation is a settlement of cases outside the court by bringing together the parties involved, one of the alternative solutions is Penal Mediation. These findings can provide a deeper understanding of the application of responsibility in the context of alleged malpractice by midwives and can contribute to the improvement of legal norms that are more effective in dealing with these problems. The implications of the results of this study are expected to serve as a guide for the authorities, legal practitioners, and the public in facing and understanding the challenges associated with alleged malpractice cases involving midwives.
Perlindungan Hukum Keterlibatan Anak Dalam Promosi Judi Online ’Bani, Feny Nursya; Fahrein, Shenna Ismi; Bhakti, Tegar Yuda; Indraswari, Sri Primawati; Rasta, Gunadi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.454

Abstract

Penelitian ini bertujuan untuk menganalisis fenomena keterlibatan anak dalam promosi judi online, serta untuk mengeksplorasi penerapan kebijakan hukum pidana, khususnya melalui pendekatan restoratif dalam menangani permasalahan tersebut. Penelitian ini menggunakan metode penelitian hukum normatif, dengan mengkaji norma-norma hukum yang berlaku, terutama yang terkait dengan Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (UU SPPA). Penelitian ini juga mengidentifikasi faktor-faktor sosial, psikologis, dan digital yang mempengaruhi anak untuk terlibat dalam promosi judi online. Hasil penelitian menunjukkan bahwa anak-anak sangat rentan terhadap pengaruh lingkungan digital, termasuk promosi judi online yang sering disebarkan melalui media sosial dan platform daring. Anak-anak yang terpapar pada konten semacam ini sering kali dipengaruhi oleh teman sebaya dan kurangnya pengawasan dari orang tua. Selain itu, pendekatan restoratif yang diatur dalam UU SPPA menawarkan solusi yang lebih baik dibandingkan dengan penghukuman pidana. Diversi, sebagai pengalihan penyelesaian perkara anak dari proses peradilan pidana, terbukti lebih efektif dalam memberikan pemulihan dan rehabilitasi bagi anak-anak. Oleh karena itu pentingnya kebijakan yang lebih adaptif terhadap perkembangan teknologi digital, serta perlunya peningkatan literasi digital untuk orang tua dan masyarakat. Pendekatan hukum yang berfokus pada pemulihan dan rehabilitasi akan lebih membantu anak-anak dalam menghadapi dampak negatif dari keterlibatan mereka dalam promosi judi online.
Therapeutic Transactions for Medical Services through Online Clinics on A Legal Perspective Indraswari, Sri Primawati; Sutrisno, Endang; Maulida, Irma; Karmenita, Karmenita
Devotion : Journal of Research and Community Service Vol. 4 No. 9 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v4i9.560

Abstract

The development of digitalization of almost all aspects of modern life, including healthcare, has been influenced by the use of technology. Health is very important for everyone, no matter age, socioeconomic status, or other factors. The current digital age in the provision of medical services through virtual clinics has grown rapidly. However, the existence of online clinics creates unclear legal regulations for therapeutic transactions, which can have potentially adverse legal repercussions for patients. Patients can file lawsuits against online clinics and healthcare professionals involved if there is an error in diagnosis or treatment. Therapeutic transactions consist of medication, diagnosis and medical treatment. But in online clinics, there is debate about the legality and ethics of these therapeutic transactions. Some of the problems that arise in therapeutic transactions through online clinics include the inability to perform physical examinations, medical data security issues, and the inability to track patient histories. The method used to assess is doctrinal (normative juridical), considering the concept of law as written law, which is made by local government regulations. The results showed that Health Law Number 36 of 2009 concerning Health and Article 1320 of the Civil Code, which regulates the legal terms of an agreement, can be used to assess the validity of therapeutic transactions carried out in online clinics. The research findings also show that fulfillment of the requirements of Health Law Number 36 of 2009 must include the responsibility of patients who receive medical care through online clinics. To optimize their services on online clinic platforms such as the Cirebon City Health Office, health service providers and health practitioners such as doctors, medical personnel, and other health workers use this platform. These organizers must consider Health Law Number 36 of 2009, which covers medical practice standards, telemedicine patient privacy, and a doctor's license or License to Practice. In addition, special policies must be made by the central government and the Cirebon City Health Office to provide clear legal protection for patients who receive medical services through online clinics when conducting medical transactions.
Legality of MSMEs for Tourism Village Development S, Ali; Fitria, Nyimas; Kartika Meilani, Indah; Sutrisno, Endang; Indraswari, Sri Primawati
Jurnal Sosial Teknologi Vol. 4 No. 5 (2024): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v4i5.1218

Abstract

This research explores the implementation of legalities faced by Micro, Small and Medium Enterprises (MSMEs) in tourist villages, with a focus on understanding and compliance with applicable regulations. The research method involves in-depth interviews with MSME owners and related stakeholders in the tourist villages selected for the survey. The research results identified that MSMEs in tourist villages often face difficulties in understanding and fulfilling the necessary legal requirements, such as business permits. These findings highlight the need for a more integrated approach and active assistance from relevant parties, including government and non-government organizations, to increase MSMEs' understanding and compliance with applicable regulations. The results show that the legality of MSMEs, such as business permits and product certificates, has a significant impact on the growth and sustainability of tourist villages. Implementing clear regulations and a good understanding of the legal process can increase the competitiveness of MSMEs and strengthen the local economy. This research provides policy recommendations for the government and practical guidelines for MSME owners in utilizing legality to support sustainable development of tourist villages.
Legal Harmonization in the Era of the New Indonesian Penal Code: A Study on the Application of Restorative Justice in Traffic Accidents Djajadi Djajadi; Dudung Hidayat; Sri Primawati Indraswari
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1136

Abstract

Background. This study is grounded in the shifting paradigm of punishment within the New Indonesian Penal Code, which emphasizes a restorative justice approach, amidst the continued dominance of a formalistic framework under the Traffic and Road Transportation Law, particularly in cases of negligence resulting in death. Aims. The study aims to analyze the differences in legal regulation and the implications of applying restorative justice within these two legal regimes. Methods. The research employs a qualitative approach using normative legal research methods, relying on document analysis of statutory regulations, legal principles, sentencing principles, and the new paradigm introduced by the Indonesian Penal Code. Result. The findings reveal a normative inconsistency between the Traffic Law, which restricts restorative justice based on the severity of criminal sanctions, and the New Penal Code, which allows for restorative approaches based on the nature of the offense and specific circumstances, including reconciliation and compensation. Conclusion. It is concluded that the formalistic approach in law enforcement practices has not yet fully aligned with the restorative direction of contemporary penal reform. Implementation. The study highlights the need for regulatory harmonization and adaptive law enforcement policies that are more responsive to the principles of substantive justice and modern penal paradigms.
Effectiveness of Pretrial in Testing the Legality of Arrest and Detention Sri Primawati Indraswari; Rachel Chan; Ava Lee
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2096

Abstract

Background. Pretrial procedures play a vital role in testing the legality of arrest and detention, ensuring that individuals' rights are protected against arbitrary detentions. Legal safeguards such as judicial review of arrests are essential in preventing abuses of power by law enforcement agencies. In many jurisdictions, pretrial hearings serve as a critical mechanism to determine whether there is enough evidence to justify continued detention, thus promoting the rule of law and human rights protection. Objective. This study aims to evaluate the effectiveness of pretrial hearings in testing the legality of arrest and detention. The research investigates how these procedures influence the protection of individual rights and the overall functioning of the justice system. Method. A qualitative research design was employed, utilizing case studies, legal analysis, and interviews with legal professionals, detainees, and human rights advocates. Data were collected from multiple jurisdictions to assess the impact of pretrial procedures on the legality of detention. Results. The findings suggest that pretrial hearings are an effective mechanism for testing the legality of arrests and detentions, but their application is inconsistent, with some jurisdictions lacking adequate legal frameworks to ensure timely and fair reviews. Conclusion. The study concludes that while pretrial hearings can significantly contribute to the protection of individual rights, improvements in procedural consistency and access to legal representation are needed to enhance their effectiveness.
Legal Aspects in Mergers and Acquisitions (M&A) in Indonesia Sri Primawati Indraswari; Vishal Yadav; Ananya Rao
Rechtsnormen: Journal of Law Vol. 3 No. 4 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i4.2097

Abstract

Background. Mergers and acquisitions (M&A) are integral to corporate strategies, playing a crucial role in business expansion and market consolidation. In Indonesia, the legal framework surrounding M&A is complex and influenced by various laws and regulations. The legal aspects of M&A transactions, including corporate governance, antitrust laws, and the protection of minority shareholders, are pivotal in ensuring that these corporate actions are legally sound and contribute to economic development. Objective. This study aims to analyze the legal aspects of mergers and acquisitions in Indonesia, focusing on the regulatory framework, legal procedures, and challenges faced by companies engaged in M&A. The research seeks to identify key legal considerations that impact the success and failure of M&A transactions in Indonesia, with a particular focus on corporate governance and antitrust regulations. Method. A qualitative research design was employed, utilizing legal document analysis, case studies, and interviews with legal professionals, corporate lawyers, and business executives. This approach allows for a comprehensive understanding of the legal landscape and practical challenges in M&A transactions. Results. The findings indicate that while Indonesia has a well established legal framework for M&A, issues related to regulatory compliance, transparency, and legal enforcement remain significant obstacles. Conclusion. The study concludes that while the legal aspects of M&A in Indonesia are progressing, further improvements in regulatory clarity, enforcement, and corporate governance are needed to foster a more conducive environment for M&A transactions.
Law Enforcement on The Practice of Thuggery in Indramayu Regency Arief Rachman Maulana; Dimas Furwanto; Virlie Meylody; Sri Primawati Indraswari; Gunadi Rasta
Rechtsnormen: Journal of Law Vol. 3 No. 2 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i2.2258

Abstract

Background. Thuggery is increasingly prevalent in every social activity. Not only does it cause fear in the community, but the practice of thuggery is also the cause of the decline in the level of public trust in Law enforcement. The study formulates the problem by examining how the modus operandi is often used in the practice of thuggery in Indramayu Regency and how law enforcement can overcome the practice of thuggery. Purpose. This study aims to analyze the modus operandi used in thuggery activities and understand and evaluate law enforcement's effectiveness in thuggery. Methods. The research method used is Empirical Jurisprudence. Direct observation was carried out in areas with a relatively high level of thuggery in Indramayu Regency. Result. The study's results show that one mode of thuggery often encountered in Indramayu Regency is Illegal Levy under the pretext of selling mineral water. Conclusion. Law enforcement consists of several aspects, such as the legal factors themselves, law enforcement factors, facilities and facilities factors, community factors, and cultural factors.   Implementation. Law enforcement is strengthened by increasing legal awareness in the community and implementing stricter sanctions to reduce the practice of thuggery in the future.
Implementation of Inclusive Education Policies for Persons with Disabilities Bela Nirmala; Febiana Febiana; Salwa Salsabina; Sri Primawati Indraswari; Raden Henda
Rechtsnormen: Journal of Law Vol. 3 No. 5 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i5.2260

Abstract

Background. Limited access to education for people with disabilities in Indonesia, especially in Cirebon City, is still a serious issue that causes social and economic inequality. Inclusive education is a strategic solution to ensure equal rights, but its implementation in the field is often not optimal. Purpose. This study aims to evaluate the implementation of inclusive education policies in SLB Negeri in Cirebon City based on effectiveness, efficiency, and responsiveness. Methods. The method used is normative juridical with a descriptive approach, focusing on Law No. 8 of 2016 and Cirebon City Regional Regulation No. 10 of 2023. Result. The study's results show that the policy has not been implemented optimally due to limited human resources, infrastructure, minimal teacher training, and complex bureaucracy. In addition, there is still inequality between Public and Private SLBs. Conclusion. Based on William N. Dunn's policy evaluation, this policy has been ineffective and unresponsive. It is necessary to increase the budget, train educators, simplify the bureaucracy, and strengthen the monitoring and evaluation system. Implementation. This study recommends improving regulations and cross-sectoral collaboration to ensure equal access to education for people with disabilities.
Legal Review of the Administration of Aesthetic Clinics Consumer Protection and Legal Liability in the Administration of Aesthetic Clinics: A Normative Juridical Analysis under Indonesian Health Law Sri Primawati Indraswari; Dadan Taufik Fathurohman
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.151

Abstract

Background: The rapid growth of aesthetic clinics reflects changing lifestyles and increasing demand for beauty care services. However, consumers often face difficulties in selecting safe and trustworthy aesthetic services, resulting in complaints, legal disputes, and potentially fatal consequences. Objective: This study analyzes Indonesia’s legal framework governing aesthetic clinics, the gap between normative provisions (das Sollen) and their implementation (das Sein), as well as the forms of consumer protection and legal liability applicable to aesthetic clinic services. Method: This normative juridical research employed statutory, conceptual, and case approaches. The primary legal materials included Law Number 17 of 2023 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, and Minister of Health Regulation Number 17 of 2024. These materials were supported by secondary and tertiary legal sources, which were analyzed using descriptive and interpretive methods. Results: Significant implementation gaps were identified, including noncompliance with licensing requirements, inadequate informed consent procedures, invasive aesthetic procedures performed by unqualified personnel, and weak supervision by regional health authorities. Conclusion: Although the regulatory framework is normatively comprehensive, its implementation remains inadequate. Strengthening consumer protection requires improved public education, enhanced regulatory supervision, and consistent enforcement of civil, criminal, and administrative liability mechanisms to ensure consumer and patient safety.
Co-Authors Ananya Rao Arief Rachman Maulana Ava Lee Bela Nirmala BHAKTI, Tegar Yuda Chan, Rachel Dadan Taufik Fathurohman Dimas Furwanto Dino Ubassandrio Djajadi Djajadi Dudung Hidayat Endang Sutrisno FAHREIN, Shenna Ismi Febiana Febiana Febiana, Febiana Fitria, Nyimas Furwanto, Dimas Gunadi Rasta HARMONO HARMONO Henda, Raden Irma Maulida Karmenita, Karmenita Kartika Meilani, Indah Lee, Ava Maulana, Arief Rachman Meylody, Virlie Nirmala, Bela Rachel Chan Raden Henda Raja Ath-Thuur Rabbani Rao, Ananya Rasta, Gunadi S, Ali Salsabina, Salwa Salwa Salsabina Virlie Meylody Vishal Yadav Wahyudin Wahyudin Yadav, Vishal ’Bani, Feny Nursya