Lidya Shery Muis
Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo

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Liability of Pharmaceutical Companies in Drug Quality Assurance: Tanggung Gugat Perusahaan Farmasi Dalam Penjaminan Kualitas Obat Faiza Fitrianisa; Lidya Shery Muis
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1668

Abstract

General Background: Pharmaceutical companies have legal obligations to ensure the quality, safety, and proper distribution of medicines delivered to consumers. Specific Background: Drug quality assurance involves production and distribution standards, including Good Manufacturing Practices and Good Distribution Practices, while consumers require legal protection when medicines are defective or do not meet applicable standards. Knowledge Gap: Previous studies discussed pharmaceutical production, regulatory supervision, and drug distribution, but this study specifically examines the legal liability of pharmaceutical companies for drug quality defects throughout the distribution process. Aims: This study analyzes the legal obligations of pharmaceutical companies in maintaining drug quality and examines the relationship between Good Distribution Practices, product liability, consumer protection law, civil law, and health law. Results: Using normative legal research with a statutory approach, the study finds that pharmaceutical companies remain the primary legally liable parties for defective medicines, while liability may also arise for Pharmaceutical Wholesalers when defects result from improper distribution, storage, or transportation. Legal mechanisms include compensation, strict liability, product recall, and administrative sanctions where regulatory violations are established. Novelty: The study integrates pharmaceutical company liability with distribution-stage obligations and distinguishes the respective legal positions of pharmaceutical manufacturers and Pharmaceutical Wholesalers. Implications: The findings provide a legal framework for consumer protection and support the development of drug quality supervision and enforcement within the pharmaceutical distribution chain. Key Findings Highlights Pharmaceutical manufacturers remain the primary legally liable parties for defective medicines throughout the distribution chain. Pharmaceutical Wholesalers carry legal obligations concerning storage, transportation, and Good Distribution Practices. Product liability and strict liability operate within a layered legal responsibility system for consumer protection. Keywords : Pharmaceutical Liability, Drug Quality, Consumer Protection, Product Liability, Strict Liability
Protection of Patients' Rights to Optimal Health Services in Multi-Site Physician Practices in Sidoarjo Regency: Perlindungan Hak Pasien Atas Pelayanan Kesehatan Yang Optimal Terhadap Praktik Multi-Tempat Dokter di Kabupaten Sidoarjo Achmad Bayu Setiawan; Lidya Shery Muis
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1671

Abstract

General Background: Patient rights to safe, quality, and medically appropriate health services are protected by Indonesian health law. Specific Background: Physicians may practice at more than one health facility, but scheduling, consultation time, communication, and workload can affect the fulfillment of patient rights. Knowledge Gap: Although Law Number 17 of 2023 concerning Health establishes patients’ rights and physicians’ professional obligations, the implementation of these protections in multi-site physician practices in Sidoarjo requires empirical examination. Aims: This study analyzes legal protection of patient rights in multi-site physician practices in Sidoarjo by comparing legal provisions with conditions in practice. Results: Using an empirical juridical method with statutory and conceptual approaches, data were collected through interviews with five physicians, questionnaires involving 66 patients, observations, and documentation studies and analyzed descriptively and qualitatively. The findings show that patient rights were generally fulfilled at a fairly good level, while consultation time remained inadequate and scheduling required attention. Physicians reported that patient volume, movement between facilities, dense schedules, and limited rest time could increase workload. Novelty: The study connects statutory protection of patient rights with patient perceptions and physician experiences in multi-site practice in Sidoarjo. Implications: The findings support clearer scheduling management, workload evaluation, coordination among health facilities, continuous service-quality supervision, and accessible complaint mechanisms to maintain patient rights and quality healthcare. Key Findings Highlights 66 Patients Reported Generally Adequate Fulfillment Of Their Healthcare Rights. Consultation Duration Remained A Major Area Requiring Attention. Five Physicians Identified Workload And Scheduling As Practical Constraints. Keywords : Patient Rights, Legal Protection, Healthcare Services, Physician Practices, Health Law
Manufacturer Accountability With Dynamic System Control Guides Indonesia Autopilot Traffic Regulation: Pertanggungjawaban Produsen serta Kendali Sistem Dinamis Memandu Regulasi Lalu Lintas Autopilot Indonesia Filia Amanda; Lidya Shery Muis
Indonesian Journal of Law and Economics Review Vol. 21 No. 3 (2026): Agustus
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i3.1720

Abstract

General Background: Artificial intelligence advancements have facilitated the development of autopilot-driven autonomous vehicles operating without human intervention. Specific Background: Although autonomous vehicles have entered Indonesia since 2014, Law Number 22 of 2009 on Road Traffic and Transportation still positions human operators as the sole legal subjects, creating a legal vacuum regarding technological failures. Knowledge Gap: Prior Indonesian legal studies identified regulatory challenges for autopilot vehicles but lacked a comparative analysis of the United States and China to formulate comprehensive national legal reform. Aims: This study analyzes and compares the legal frameworks governing autonomous vehicles in the United States and China as a reference for developing Indonesian regulations. Results: Using normative legal research with comparative and conceptual approaches, findings reveal that the United States applies a decentralized state-level model emphasizing Society of Automotive Engineers (SAE J3016) automation levels, technical safety testing, and disengagement reporting, whereas China implements centralized pre-operation supervision, redefines the driver as a dynamic system controller, and enforces strict liability on manufacturers and operators under its Civil Code. Novelty: This research synthesizes China's centralized civil law strict liability model with the United States' technical safety and reporting standards into a regulatory framework tailored for Indonesia, including pilot testing in Nusantara Capital City (IKN). Implications: Indonesia should revise Law Number 22 of 2009 by adopting SAE automation classifications, expanding the driver definition to dynamic system controllers, and applying manufacturer strict liability to ensure legal certainty and public safety. Highlights: United States jurisdictions decentralize automated driving governance across individual states through technical safety evaluations, mandatory five million dollar insurance, plus annual failure disclosures. China centralizes pre-operation approvals while imposing absolute legal responsibility upon software developers, fleet operators, data providers, or local governments during technological malfunctions. Updating Act Number 22 of 2009 requires adopting six international automation levels, establishing specialized certification bodies, plus designating Nusantara Capital City as a testing zone. Keywords: Autonomous Vehicles, Strict Liability, Comparative Law, Dynamic System Control, Road Traffic Regulation