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Legalitas Dokter yang Memberikan Pelayanan Kesehatan di Rumah Sakit Zuhair, Naufal; Mangesti, Yovita Arie
CERMIN: Jurnal Penelitian Vol 8 No 1 (2024): JANUARI - JULI
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat - Universitas Abdurachman Saleh Situbondo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36841/cermin_unars.v8i1.4226

Rumah Sakit merupakan sebuah fasilitas pelayanan kesehatan yang bertujuan untuk menjadi sebuah wadah penampung antara tiap interaksi antara masyarakat (pasien) dengan tenaga medis (dokter) untuk pencapaian hak hidup sehat (the rights to helath care) dalam sebuah fasilitas pelayanan kesehatan yaitu instansi rumah sakit yang dihadirkan oleh pemerintahan untuk menjadi pemberi pelayanan kesehatan yang dibutuhkan. Dalam penelitian ini merupakan penelitian hukum normative, yang merupakan salah satu metode penelitian hukum normatif yang berfokus pada analisis bahan hukum sekunder. Selain itu penelitian ini juga menggunakan dengan pendekatan Perundang-undangan dan pendekatan konseptual. Hasil pada penelitian ini menyebutkan bahwa pentingnya legitimasi yang harus dimiliki dokter sebagai bentuk pencegahan dalam adanya kasus sengketa medis yang merugikan pasien dalam menggunakan haknya atas kesehatan diinstansi rumah sakit sebagai sarana pemberian pelayanan kesehatan dimana terjadinya malpraktik administratif yang dilakukan oleh dokter yang tidak memiliki legalitas dalam berpraktik di rumah sakit. Legalitas praktik dokter yang ditandai dengan pemenuhan syarat administratif yaitu kepemilikan Surat Tanda Registrasi (STR) dan Surat Izin Praktik (SIP). Sebagai tambahan kelengkapan diberikan Clinical Appointment dan Clinical Previeledge melalui kredensial di Rumah Sakit sesuai dengan Permenkes Nomor 755/MENKES/PER/IV/2011 tentang Penyelenggaraan Komite Medik Di Rumah Sakit.

State Responsibility in Providing Legal Protection against Child Victims of Sexual Violence Mangesti, Yovita Arie; Dharmawan, I Komang Aries
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3318

The background of this study discusses the state's responsibility to provide legal protection for children who have been sexually abused, while social norms still reveal the blurred norms between the rules and the implementation. The problem problem with this study is the urgency of the state's responsibility to provide legal protection to child victims of sexual abuse and state responsibility to provide legal protection against child abuse. The approach method used in this study is a normative-law study, which is a study that examines law regulations, legal principles, and also a theory or doctrine of law. The study also employed a constitutional approach and a case approach. The conclusion of this study is the rights of children who are victims of criminal ACTS accommodated by 2017 government government regulation no. 43 year 2017 on the implementation of restitution to children who are victims of criminal crimes, and there is yet another flawless flaw in the forced efforts of the implementation of restitution by the perpetrator to the child who has committed the crimes, If the perpetrator fails to render a court ruling of consistent force.

MEDICATION ERROR OF EXPIRED DRUGS FOR AMBULATORY PATIENTS Vitrianingsih, Yeni; Suhartono, Slamet; Mangesti, Yovita Arie; Budiarsih
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.325

Medication errors are commonly found in patient prescriptions. In Article 12 of the Pharmaceutical Law, these cases are only subject to administrative sanctions. It is also stated in the Minister of Health Regulation No. 72/2016 Articles 3 and 12 that the sanctions imposed are only administrative sanctions in accordance with the provisions of laws and regulations. The regulation is quite unclear, and will be clarified in the discussion of this research to identify laws that provide protection for ambulatory patients. The high problem of medication errors in patients indicates that it is required to take real action to prevent these cases to occur which cause detriment to the patient. Therefore, the objective of this research is to determine the factors that cause medication errors in the prescribing and dispensing phases. The research method used in this research is normative research with prospective data collection techniques which both methods can provide an overview and accuracy of data regarding the problem of medication errors on expired medicines. The results indicated that the factors causing medication errors in the prescribing phase and dispensing phase, such as work distractions such as ringing telephones, workload on health workers who are unable to do each job themselves, miscommunication between doctors and pharmacists about the use of drugs for patients, unsupported conditions while working, and education on writing prescriptions that do not comply with the requirements for completeness of prescriptions; the lack of a drug preparation room; and education regarding drug preparation that is not in accordance with prescription requests.

PERFORMING LEGISLATIVE FUNCTIONS: THE ROLE OF REGIONAL REPRESENTATIVE COUNCIL AND PEOPLE'S REPRESENTATIVE COUNCIL Gunawan, Bambang Panji; Zamroni, M.; Miarsa, Fajar Rachmad Dwi; Mangesti, Yovita Arie
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.224

Based on two factors, these are philosophical and legal aspect. In terms of the function of law, the existence of the Regional Councilor (DPD) and Legislative Assembly (DPR) can be established. Based on a provision in the 1945 Constitution, the Regional Councilor (DPD) and Legislative Assembly (DPR) were established, and, according to one philosophical definition, they represent all regional or people's representatives in Indonesia at the national scale. A system of functional industrial relations exists between the Regional Councilor (DPD) and Legislative Assembly (DPR) in relation to the function of legislation. The objective of this research are to find out the role of Regional Councilor (DPD) perform in the legislative functions; and Legislative Assembly (DPR) represent in obtaining legal products. The research that was accomplished was categorized as qualitative normative research based on the kind of data or legal materials examined. Due to institutional and constitutional limitations, the Regional Councilor (DPD) and Legislative Assembly (DPR) faced difficulties as a result of legal responsibilities. Institutional constraints are limitations imposed by the institution itself, such as insufficient support systems, unsuccessful legislation, and ineffective session management techniques. The Regional Councilor (DPD)'s current rules, Article 22D, paragraphs 1 and 2, and Law No. 27/2009 on MD3 are among the challenges we must overcome. These laws attempt to undermine the legislative authority of the Regional Councilor (DPD).

ROLE OPTIMIZATION OF REGIONAL REPRESENTATIVE COUNCIL IN THE LEGISLATIVE FUNCTION Gunawan, Bambang Panji; Suhartono, Slamet; Mangesti, Yovita Arie; Miarsa, Fajar Rachmad Dwi
Srawung: Journal of Social Sciences and Humanities Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v2i3.374

The Regional Representative Council or DPD is an institution that represents the region as a state institution. After the bicameral parliamentary structure was established, the idea of bicameral became both strengthened and weakened. This research aims to identify the situation of the Regional Representative Council according to the 1945 Constitutional amendment and the weaknesses of the Regional Representative Council in implementing its legislative function. The type of research used in this legal research is descriptive-analytical with an evaluative normative juridical approach. The findings of the research identified that the situation of the Regional Representative Council, according to the 1945 Constitutional amendment, caused several changes in its position, members, functions, term of office, as well as its relationship with the House of Representatives. On the other hand, the weaknesses of the Regional Representative Council in implementing its legislative function were caused by its’ limited authorities, its’ unequal position with the House of Representatives, and its consideration, which was not even being considered by the House of Representatives as the House of Representatives was not obligated to, its' non-exclusive status, and its’ potentially conflict of interest.

Restitution Arrangements for Children Who are Economically and/or Sexually Exploited Based on Principles of Justice Purba, Melana; Mangesti, Yovita Arie
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.267

This article examines the implementation of the right to restitution for child victims of economic and sexual exploitation. The goal is to assess how effectively the right to restitution is fulfilled for such victims, based on the analysis of Decision No. 331/Pid.Sus/2021/PN Yyk. It is a normative legal study with a prescriptive focus, utilizing both primary and secondary legal sources. The method of legal material collection involves a literature review with a case approach. The analysis is conducted using the syllogistic method and a deductive reasoning process. The findings reveal that the child victim received a restitution payment of Rp. 81,650,000. The decision by the Yogyakarta District Court, however, lacks clear legal certainty, as the charges presented before the trial were confirmed to be valid and compelling for the judge in reaching his decision. The judgment also reflects a sense of justice, as it addresses the victim's needs, including medical and psychological care, through a criminal decision that mandates compensation for the child victim.

The Problem of Non-Communicable Disease Service Policy During Covid -19 in Indonesia and Malaysia Budiarsih, Budiarsih; Mangesti, Yovita Arie; Chaidar, Muhammad; Che Ngah, Anisah
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1270

This research aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.

LAW ENFORCEMENT ON FISHERY: PROHIBITION OF TRAWL NETS AS AN EFFORT TO PROTECT SMALL FISHERMAN FAIRLY Ardhiansyah, Hendra Yudha; Suhartono, Slamet; Mangesti, Yovita Arie
KLAUSULA (Jurnal Hukum Tata Negara Adminitrasi Dan Pidana) Vol 3 No 2 (2024): KLAUSULA (Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana Dan Perdata)
Publisher : Universitas Islam kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/klausula.v3i2.6215

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

THE LANGUAGE OF REGULATIONS: EXPLORING THE RIGHT TO RESTITUTION FOR CHILD VICTIMS OF SEXUAL CRIMES Mardiwel, Mardiwel; Suhartono, Slamet; Setyorini, Erny Herlin; Mangesti, Yovita Arie
Ensiklopedia Research and Community Service Review Vol 4, No 1 (2024): Vol. 4 No. 1 Oktober 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v4i1.1091

Abstract: Children's rights are also part of the most fundamental human rights. Generally, protection for children is represented by children who come into contact with the law. From the Child Protection Law emphasizes that legal protection for children is the state's obligation, including for child victims of sexual violence. Every child who becomes a victim of a crime has the right to restitution. The purpose of research is to analyze and find the essence and concept of restitution for child victims of sexual violence based on the principle of justice. The type of research is normative legal using normative legal case studies, with approaches including legislative, philosophical, conceptual, case, and comparative approaches. The collection of legal materials is conducted by reviewing literature sources. The analysis of legal materials in this normative research consists of reading regulations, journals, and other references.Result shows that the essence of providing restitution for child victims of sexual violence based on the principle of justice is that children are vulnerable victims for whom the state is obligated to advocate for their rights in the form of restitution, making it easily accessible and beneficial for child victims. The concept of providing restitution for child victims of sexual violence emphasizes the need to reinforce the Sexual Crimes Law for children in fulfilling the right to restitution and must be clearly regulated through policies that facilitate child victims of sexual violence in applying for restitution.Keywords: restitution, children, sexual violence, principle of justice

Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly Ardhiansyah, Hendra Yudha; Suhartono, Slamet; Mangesti, Yovita Arie
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.887

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

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