Article Per Year (5 Year)
p-Index From 2021 - 2026
1.431
P-Index
This Author published in this journals
All Journal LAW REFORM Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Hasanuddin Law Review AL-Ishlah : Jurnal Ilmiah Hukum SIGn Journal of Social Science SASI
Halim, Hamzah
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 8 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : Hasanuddin Law Review

 1 
Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims Amiati, Mia; Halim, Hamzah; Hassim, Jady Zaidi
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.5346

Abstract

In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of restorative justice in life-threatening medical error cases. However, the provision regarding the handling of medical personnel facing criminal allegations and disciplinary sanctions raises concerns regarding clarity and implementation. Ambiguities surrounding key terms and the prioritization of restorative justice mechanisms without clear guidelines may result in delays and inconsistencies in the legal process. This study sheds light on the need for clarity and refinement in legal frameworks to ensure the protection of both medical personnel and patients while promoting accountability and justice within the healthcare system.
Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims Amiati, Mia; Halim, Hamzah; Hassim, Jady Zaidi
Hasanuddin Law Review VOLUME 10 ISSUE 1, APRIL 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i1.5346

Abstract

In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of restorative justice in life-threatening medical error cases. However, the provision regarding the handling of medical personnel facing criminal allegations and disciplinary sanctions raises concerns regarding clarity and implementation. Ambiguities surrounding key terms and the prioritization of restorative justice mechanisms without clear guidelines may result in delays and inconsistencies in the legal process. This study sheds light on the need for clarity and refinement in legal frameworks to ensure the protection of both medical personnel and patients while promoting accountability and justice within the healthcare system.
Judicial Discretion and Ultra Petita in Employment Termination Cases: Lessons from Dutch Arbitration System Sabur, Laode Muhammad; Razak, Abdul; Halim, Hamzah; Jamhur
Hasanuddin Law Review VOLUME 11 ISSUE 2, AUGUST 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i2.6521

Abstract

The principle of ex aequo et bono occupies a unique position within Indonesia’s legal landscape: although not expressly codified, it is increasingly invoked by judges to pursue substantive justice in employment termination disputes. This judicial practice, however, raises concerns regarding legal certainty and the boundaries of judicial authority, especially when decisions extend beyond the parties’ claims and risk violating the ultra petita doctrine. This article examines the application of ex aequo et bono in Indonesian labor courts through a normative legal analysis, using both comparative and conceptual approaches. A focal point of the study is Supreme Court Decision No. 223 K/Pdt.Sus-PHI/2017, in which the court terminated an employment relationship despite neither party explicitly requesting such relief. By comparing Indonesia’s judicial approach with the Netherlands, where ex aequo et bono is permitted exclusively within arbitration and only with explicit party consent. This article highlights the structural safeguards embedded in Dutch law that preserve both fairness and legal certainty. The results show that Indonesia’s unregulated use of ex aequo et bono creates inconsistencies and risks judicial overreach, underscoring the urgent need for statutory guidance. This study argues that incorporating explicit party consent and clearer procedural boundaries into Indonesia’s labor dispute resolution framework would better harmonize equity-based reasoning with the principles of legal certainty and judicial accountability.
Co-Authors A. M. Yunus Wahid, A. M. Yunus Abdul Razak Achmad Ruslan, Achmad Allo, Zet Tadung Amiati, Mia Aslan, Jamal Betsy Anggreni Kapugu, Betsy Anggreni Erni Dwita Silambi, Erni Dwita Fathan, Robbi Fransiskus Samderubun Hassim, Jady Zaidi Iskandar, Ismail Jamhur Jaya, Karman Kamaruddin, Hanim Karim, Muhammad Said Maskun Mukhlis, Muhammad Mutawalli Ratnawati Ratnawati Rizal Muchtasar, Rizal Sabur, Laode Muhammad Samad, Rezki Purnama Sriyana Sriyana Syarif Saddam Rivanie Syukri Akub, Muhammad