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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.
LEGAL PROTECTION FOR WORKERS ON OCCUPATIONAL SAFETY AT PT. MEGA RAYA PROPERTY Kaenama Muhammad, Yunan; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9535

Abstract

The implementation of occupational safety has the primary goal of improving and maintaining all workers' physical, mental, and social welfare in all types of work, preventing health problems caused by work, and avoiding accidents during work. Cirebon is one area famous for its significant progress in industrial development, one of which is in the construction sector. These jobs have a high risk of work accidents during the construction process of construction projects because work safety standards are still inadequate. This is evidence of the lack of attention to the importance of occupational safety in construction work. In this study, a normative juridical approach method is used, namely literature law research, which is carried out by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The study results show that: (1) The form of legal protection in PT. Mega Raya Property uses a form of preventive legal protection because the company uses its policies in the employment agreement in the form of an oral agreement, so the form of legal protection for workers is not optimal because workers do not get their rights optimally and clearly if something happens. (2) The efforts to resolve work accident cases experienced by workers have been carried out based on the policy of PT. Mega Raya Property is per Government Regulation Number 82 of 2019 concerning the Implementation of Work Accident Insurance and Death Insurance Programs, and the final results are determined based on mutual agreement.
LEGAL PROTECTION FOR LOSS OF MOTORBIKES IN THE PARKING LOT OF THE TOURISM CENTER OF CIREBON REGENCY BASED ON REGIONAL REGULATION NO.11 OF 2019 CONCERNING THE IMPLEMENTATION OF PARKING: (Case study in Bukit Cinta – Mundu, Cirebon Regency) Andita Alfarisy, Panji; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9550

Abstract

Chapter 18, paragraph (1) of the Consumer Protection Law is included and regulated regarding the provisions for the Inclusion of Standard Clauses, where "Business actors in offering goods and or services intended for trading are prohibited from making or incorporating standard clauses on every document and or agreement when stating the transfer of responsibility of business actors", Chapter 18 paragraph (2) of the Consumer Protection Law states that "Business actors are prohibited from including standard clauses whose disclosure is difficult to understand". Chapter 32 of Cirebon Regency Regional Regulation No. 11 of 2019 which states that "Getting a sense of security for the use of Parking Space Units (SRP)". This type of research is Normative Law, which analyzes laws, regulations, and other legal materials. The problem in this study is how to provide legal protection for consumers who lose their motorbikes in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency and how to resolve disputes in the event of losses on the part of consumers who are parked in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency.Legal protection for consumers in the parking of motor vehicle tourism objects in Cirebon does not yet exist because of the standard clause on ticket parking related to the transfer of responsibility for the parking manager. This is clearly contrary to Chapter 18, paragraph (1) of the Consumer Protection Law. Including a standard clause with the transfer of responsibility has violated the freedom of contract in the Civil Code. Efforts to resolve disputes if there is a loss to the owner of the vehicle parked at the tourist attraction, then to divide or transfer the burden of responsibility, the parking manager can collaborate with the insurance company to provide parking insurance for each consumer. To protect consumers legally, several options of legal remedies can be pursued by litigation or non-litigation, such as mediation, mediation at the Directorate of Consumer Protection, the Dispute Resolution Agency (BPSK), and the District Court
JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS Karmenita, Karmenita; Kafi Habib, Rakha; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9552

Abstract

The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the normative juridical method with the type of qualitative research. The settlement of disputes in the case of unlawful acts is analyzed using the theory of justice; the dispute settlement efforts are not by the law and are considered unfair by the plaintiffs because what they are entitled to is not fulfilled. The plaintiffs did not receive compensation due to the defendants' destruction of land. They did not receive replacement land due to land included in the extension of the HGU, which resulted in the loss of land that the plaintiffs could use for economic activities.
Juridical Analysis of Transfer of Land Ownership Rights Unknown to the Previous Owner Mahaprakarsa, Bayu; Oktavian, Whisnu; Eka Faqridah, Dhea; Maulida, Irma; Karina, Siska
Journal of World Science Vol. 3 No. 6 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i6.626

Abstract

The transfer of property rights over land from one party to another can be obtained through a court decision. Based on the provisions of Law No. 5 of 1960 concerning Basic Agrarian Principles and Government Regulation No. 24 of 1997 concerning Land Registration, the sale purchase and transfer of land rights must be carried out in front of a land deed official (PPAT). Many problems arise regarding the ownership of land rights carried out under the hand, in the sense that they are not in accordance with the applicable regulation. The case can be detrimental to the buyer and even a lawsuit must be made through the court. The case in this study is a case of transfer of land rights because the loss of the certificate was later found after 25 years and the owner has a good intention to apply for a name change, but the previous owner of the certificate is unknown. This study aims to ensure legal certainty in the transfer of ownership of land that is unknown to the previous owner and explain the legal consequences of the transfer of ownership of the land after the issuance of a court decision. This study uses a normative juridical method and the method of data collection uses interviews and studies and reviews a applicable law and regulation as a basis for solving problems. Therefore, using a court decision can be the basis for rights that have permanent legal force in the transfer of land rights
JURIDICAL IMPLEMENTATION OF LOSS OF CERTIFICATE OF DEPENDENCY RIGHTS IN THE ROYA PROCESS Pribadi, Teguh; Nugraha, Fikri; Ulipah, Ulipah; Maulida, Irma
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.723

Abstract

Abstract: Background. In daily life, many people buy houses or land through credit from banks. When the certificate is used as collateral, dependent rights will be recorded on the certificate. After the debt is paid off, the landowner must delete the Dependent Rights through roya at the National Land Agency (BPN). Roya can be done after the debt guaranteed in the main agreement has been paid off. However, if the certificate of dependency rights is lost, then a Roya Consent Deed made by a notary is needed instead. Aims. This study discusses the juridical implementation of the loss of the Right of Dependency certificate in the Roya process, namely the removal of the Right of Dependency from the land book due to debt repayment by the debtor. In practice, the lost Dependent Rights certificate raises administrative problems, because the certificate is a valid written evidence in the ROYA process. However, based on the provisions of land law and technical policies of the Land Office, roya can still be implemented as long as the applicant, both creditors and debtors with the approval of the creditors, can meet formal requirements such as a loss report from the police, a statement of absolute responsibility, and proof of payment of debt obligations. Methods. This study uses a normative juridical approach with secondary data sources from laws, regulations, and land administration documents. Result. The study's results show that the Land Office can still process roya without a certificate of Dependent Rights as long as all procedures and supporting documents are met. Conclusion. This reflects applying the principles of legal certainty, protection of civil rights, and efficiency in public services in the land sector. Implementation. This reflects the law's flexibility in answering practical problems in the field while emphasizing the Land Office's active role in ensuring legal protection for all parties involved in the transfer and abolition of land rights.
THE EFFECT OF THE RECOMMENDATIONS OF THE COMMUNITY SUPERVISOR (PK) OF BAPAS GRADE 1 CIREBON ON THE JUDGE'S DECISION IN THE TRIAL OF CHILDREN FACING THE LAW (ABH) Maulida, Irma; Putri, Alya Dwi; Rafsanjani, Ari; Camila, Geisya Safana; Abeliyani, Lulu; Nurfadillah, Marsha
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.725

Abstract

Abstract Introduction. Indonesia's juvenile criminal justice system is designed to provide maximum protection for children's rights. Law No. 11/2012 on the Juvenile Criminal Justice System (UU SPPA) emphasizes the importance of the restorative justice approach as the main principle in handling cases of Children Against the Law (ABH). One of the supporting elements for the application of this principle is the recommendations prepared by the Community Supervisor (PK) in the Community Research Report (LITMAS). These recommendations provide a comprehens. Aims. The picture of the social, psychological, and family and community conditions in which children grow up, which then become material for the judge's consideration in determining the appropriate treatment. However, in court practice, PK recommendations are not always used as the basis for sentencing. There are disparities in how judges respond and accommodate the assessment results. Based on this, the author aims to analyze the influence of PK recommendations on judges' decisions in ABH trials. This research uses a normative juridical approach with mixed methods (qualitative and quantitative). Method. Data was collected from a documentation study of 11 judges' decisions heard in early 2025 until March 24, 2025, and through analysis of the accompanying LITMAS results. Results. This research shows that in 8 of the 11 cases, the judges aligned with the LITMAS recommendations (72.7%). Meanwhile, in the other 3 cases, the judges did not fully accommodate the recommendations of the PK, with a percentage of 27.3%. Conculsion. This finding shows that, although the PK recommendations significantly influence the majority of decisions, there is still room to improve the consistency and quality of their implementation. Increasing the capacity of PKs, standardizing the preparation of LITMAS, and strengthening communication between PKs and judges are some solutions that enhance the implementation of restorative justice.
Progressive legal perspective on legal certainty over land ownership in Genteng Village Ramadani, Jaka Mahisya; Firdaus, Wildan Abyan; Milyanti, Mia; Maulida, Irma; Andri, Gusti Yosi
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 12 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i12.913

Abstract

Land ownership affects power structures and power relations in societies because it determines who has access to natural resources and available economic wealth. Land ownership is also a determinant of a person's social and political status, as well as the basis for access to public services such as education and health. This study aims to explore the perspective of progressive law on legal certainty of land ownership in Genteng Village as well as the view of behavioral economic theory to understand the habits of the people of Genteng Village in buying and selling land. The research method used is empirical juridical with a case study approach in the form of land buying and selling habits in Genteng Village without positive legal formalities. Data were collected through structured interviews with local stakeholders related to the problem studied. The results of the study show that the practice of land ownership in Genteng Village is often based on proof of sale and purchase such as sales and purchase receipts, without a positive legal process such as adequate certification or name change. The behavioral economic theory sees that the habits of the people of Genteng Village are only temporary and inconsistent in nature so that they can change in the future. The perspective of progressive law that emphasizes more on the aspect of justice views that the existing legal certainty must contain formal aspects and substantial aspects.
Efforts of The People of Geyongan Village In Obtaining Rights To Former Pangonan Land Junaedi, Junaedi; Nuralamsah Ramadhan, Dandhy; Hafidh Anwar, Aditiar; Maulida, Irma; Yosi Andri, Gusti
Asian Journal of Social and Humanities Vol. 2 No. 12 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i12.377

Abstract

The certificate of right to use on state land is a legal instrument that gives the holder the right to use state land for a certain period of time in accordance with the provisions of the applicable laws. This study examines the case of State Land intended for pangonan, which is located in Dukupace Block, Geyongan Village, Cirebon Regency, where the villagers use the abandoned Pangonan land, then they control it for various purposes such as agriculture and housing. Even though they have controlled the land for many years, the community does not have its ownership status. This will cause problems in the future if the status of the land is not yet owned by the people who occupy the land. The research method used is empirical juridical, with reference to various previous studies on state land ownership and land distribution justice. The results of the study show that there is a lack of public understanding of procedures and ownership conflicts. To overcome these obstacles, it is necessary to simplify the mechanism regarding rules and increase socialization. This study provides fair and inclusive policy recommendations, as well as concrete steps to improve the process of issuing use rights certificates and recognition of land rights based on long-standing physical tenure.
Pemberdayaan Perempuan untuk Pencegahan Stunting melalui Optimalisasi Kelompok Masyarakat di RW 17, Kelurahan Pegambiran, Kota Cirebon, Jawa Barat Marlina, Tina; Maulida, Irma; Ulfah, Siti Maria; Putri, Dessy Ika
Jurnal Pengabdian Masyarakat Inovasi Indonesia Vol 3 No 1 (2025): JPMII - Februari 2025
Publisher : CV Firmos

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54082/jpmii.676

Abstract

Penurunan angka stunting di Indonesia masih menjadi tantangan besar yang memerlukan perhatian serius dari berbagai pihak. Meskipun faktor penyebabnya sangat kompleks dan melibatkan banyak aspek, termasuk ekonomi, lingkungan, dan akses terhadap layanan kesehatan. Tidak sedikit juga pihak yang hanya menyalahkan ibu ketika anak mengalami stunting. Hal ini menyebabkan ibu menjadi merasa tidak berdaya dan sulit untuk fokus memenuhi nutrisi dan gizi anak. Oleh karena itu, program pemberdayaan perempuan menjadi penting dalam mengatasi permasalahan tersebut. Penelitian ini bertujuan untuk mengetahui bagaimana peran pemberdayaan perempuan melalui optimalisasi kelompok masyarakat dalam mencegah stunting, serta bagaimana efektifitas program pemberdayaan perempuan melalui optimalisasi kelompok masyarakat dalam mencegah stunting. Metode penelitian ini menggunakan pendekatan yuridis empiris, yaitu dengan wawancara kepada ibu-ibu di RW 17, Kelurahan Pegambiran yang memiliki anak balita. Hasil penelitian menunjukkan bahwa program ini berhasil meningkatkan pemahaman ibu tentang pentingnya pola makan sehat, pengasuhan yang baik, serta akses terhadap layanan kesehatan yang memadai. Program ini membuka ruang bagi ibu untuk saling berbagi pengalaman dan saling mendukung dalam upaya mencegah stunting sehingga membuat ibu menjadi percaya diri dalam menghadapi stigma negatif dan mencegah stunting pada anak-anak mereka. Hasilnya, terjadi penurunan angka balita stunting yang cukup signifikan yaitu sebesar 3,88% dari bulan Juni-September 2024.