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Journal : Arena Hukum

POLITIK KRIMINAL PENANGGULANGAN TINDAK PIDANA KEKERASAN PSIKIS TERHADAP ANAK DALAM RUMAH TANGGA Aji Lukman Ibrahim
Arena Hukum Vol. 15 No. 3 (2022)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2022.01503.5

Abstract

This study aims to find the prime causes of psychological violence against children in the household and to formulate policies to overcome psychological violence against children in the household. This normative research uses a statute approach and a conceptual approach. The results of the study indicate that there are several prime causes of psychological violence in the household, such as the perpetrator’s lack of knowledge about the forms of domestic violence, the closure of children as victims, less harmonious relationships among family members, wrong way of parenting, psychological factors of the perpetrator, economic factors and the Covid-19 Pandemic. Overcoming psychological violence against children in the household can be done with a single-track system (penal) in the form of conditional sentence which is applied as shock therapy in order to prevent the perpetrator from repeating his actions. The double track system is in the form of action against the perpetrator, namely consultation with a psychologist. Meanwhile, non-penal efforts are in the form of pre-marital debriefing to the bride and groom about the forms of domestic violence, children’s rights and good parenting.
Legal Aspects of Telemedicine and Prevention of Malpractice Risks Nasution, Fatihana; Aji Lukman Ibrahim
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.9

Abstract

This study aims to determine the practice of implementing telemedicine in Indonesia and examine the legal formulation of telemedicine implementation to prevent malpractice risks to patients. The study employs a normative juridical method with a statutory and conceptual approach. Secondary data is utilised, including primary (legislation), secondary (literature reviews), and tertiary legal materials (dictionaries) relevant to telemedicine and its legal implications. The findings reveal that Indonesia currently lacks specific regulations governing telemedicine. The existing Health Minister Regulation Number 20 of 2019 is inadequate to comprehensively guide telemedicine practices in the country. As a result, the implementation of telemedicine carries significant legal risks. Based on established principles of medical practice, telemedicine poses malpractice risks because doctors do not physically examine patients. Furthermore, the current regulations fail to address the primary aspects of telemedicine comprehensively, exacerbating the risk of malpractice and creating legal uncertainty when malpractice occurs. To address these issues, it is crucial to develop specific telemedicine regulations. These regulations should define the doctor-patient relationship, outline the rights and obligations of all parties, ensure the protection of electronic medical records, establish criminal sanctions for violations, and create an independent supervisory body to oversee telemedicine practices.