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All Journal Wacana Paramarta: Jurnal Ilmu Hukum Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha International Journal of Educational Research and Social Sciences (IJERSC) Aktual Justice International Journal of Social Service and Research Indonesian Journal of Multidisciplinary Science Journal of Social Research Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Journal of Comprehensive Science Journal of Social Science INJURITY: Journal of Interdisciplinary Studies West Science Law and Human Rights Enrichment: Journal of Multidisciplinary Research and Development International Journal Multidisciplinary AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Asian Journal of Social and Humanities
Sihotang, Erikson
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : Journal of Social Research

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Legal Protection For The Public Regarding The Amount of Compensation In Land Acquisition Activities For Development In The Public Interest Shufi Dahlan, Achmad Ady; Sihotang, Erikson; Ketut Wiratny, Ni
Journal of Social Research Vol. 4 No. 3 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i3.2457

Abstract

This study discusses the legal protection for communities regarding the amount of compensation in land acquisition activities for public interest development, emphasizing the principle of proportional compensation. It asserts that compensation should align with the value of the land and must be adequate, ensuring that land rights holders who relinquish their land do not experience social or economic decline. According to Articles 17 and 18 of Presidential Regulation No. 36 of 2005, if there is a dispute over the compensation amount, land rights holders have the right to submit objections to the Regent/Mayor, Governor, or Minister of Home Affairs, along with an explanation and reasons for the objection. The process of determining compensation should begin with deliberations, ensuring a fair and balanced resolution. This study concludes that the mechanism for providing compensation must prioritize deliberation, taking into account various factors, including social, cultural, legal, humanitarian, economic, and political aspects. These considerations ensure that the compensation process is not only fair and equitable but also respects the rights and dignity of the affected landholders, contributing to social harmony and public trust in the land acquisition process. This research provides valuable insights for policymakers and stakeholders involved in land acquisition for public development projects, ensuring that legal protections are in place to safeguard the interests of affected communities.   
Supervision in the Management of State-Owned Non-Movable Assets (Land) at the Class II Type A Navigation District Office, Benoa Dalmonce, Dalmonce; Sihotang, Erikson; Mulyawan Subawa, I Made
Journal of Social Research Vol. 4 No. 4 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i4.2486

Abstract

Supervision in the management of immovable State Property (BMN), especially land, is one of the crucial aspects to ensure accountability and optimization of state assets. This study aims to analyze the effectiveness of supervision in soil management at the Benoa Class II Type A Navigation District Office. A qualitative descriptive approach is used with data collection techniques through interviews, field observations, and document studies. The results of the study show that supervision has been carried out in accordance with applicable regulations, but there are still several obstacles, such as limited human resources, lack of asset data updates, and less optimal coordination between related agencies. In addition, it was found that there was a risk of potential land disputes due to the lack of clear ownership limits. To increase the effectiveness of supervision, it is recommended that data be updated regularly, human resource capacity building through training, and strengthening coordination with related parties. The implementation of information technology is also expected to support transparency and accuracy in land management as BMN.
Legal Protection Of The Beautycian Doctor Profession In Legal Dispute Resolution Gunawan, Nancy; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

Legislation in Indonesia has provided a lot of legal protection for aesthetic doctors in the form of legal protection for the rights of aesthetic doctors starting from the 1945 Constitution of the Republic of Indonesia, the Civil Code, the Criminal Code, the -Consumer Protection Law, Medical Practice Law, Health Law, Hospital Law, Health Personnel Law, and supported in Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, Regulations Minister of Health Number 290/Menkes/Per/III/2008 concerning Approval of Medical Actions, Minister of Health Regulation No. 36 of 2012 concerning Medical Secrets, Supreme Court Regulation no. 1 of 2016 concerning Mediation Procedures in Court. The role of the Indonesian Doctors Association in supporting the aesthetic doctor profession in resolving legal disputes is as a mediator in selecting expert witnesses. The Indonesian Doctors Association will help its members who are deemed guilty if according to the Indonesian Doctors Association the doctor has carried out procedures in accordance with their professional duties.
Review Of The Implementation Of The Electronic Medical Record System In Health Facility Services Based On The Regulation Of The Minister Of Health Number 24 Of 2022 Concerning Medical Records Asrofi, Ayus Fajar; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The implementation of electronic medical records in health facility services based on the Regulation of the Minister of Health of the Republic of Indonesia Number 24 of 2022 imposes an obligation on all health service facilities to maintain electronic medical records, including independent practice places run by health workers and medical personnel. The Ministry of Health can impose administrative sanctions or written warnings as well as recommendations for revoking or revoking accreditation status on health service facilities that commit violations. According to Article 32 of Minister of Health Regulation Number 24 of 2022, the contents of medical records are kept confidential by all parties involved in health services. These parties are health workers who provide health services, leaders of Health Service facilities, personnel related to the financing of Health services (insurance parties), pupils or students who are in charge of treatment and/or information management in Health Service facilities and other parties who have access to patient health data and information in Health Service facilities.
Legal Protection For The Medical Profession In Treating Unconscious Emergency Patients Without Informed Consent Wijaya, Indah Mira Tiaraputri; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The legal relationship between doctors and patients is a relationship based on trust. Legal protection for the medical profession in treating emergency patients without medical approval (informed consent) is regulated in Article 1338 of the Civil Code. The agreement remains binding on both parties, even though the conditions in Article 1320 of the Civil Code are not fulfilled, there are laws that specifically regulate informed consent and Article 1354 of the Civil Code, so that the therapeutic agreement or therapeutic transaction still exists and occurs. As a result, doctors are obliged to provide an achievement to the patient, namely making an effort by providing health services as an effort to cure the patient. In carrying out this effort, doctors must do it with all seriousness by using all the abilities and skills they have while being guided by standards.
Legal Protection For Foreign Medical Personnel According To Law No. 17 Of 2023 Concerning Health Tjua, Juliyanti; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2176

Abstract

Legal protection for foreign doctors/doctors in carrying out their profession refers to Article 273 and Article 291 (1) of the Health Law. Article 291 paragraph (1) if you comply with professional standards, service standards, rational procedural standards and professional ethics, taking into account the patient's health needs, organizational culture in the hospital or medical institution where the doctor works. Doctors' responsibilities towards patients refer to statutory provisions, including legal, administrative and ethical responsibilities.
Legal Accountability Of Doctors In Conducting Virtual Health Services (Telemedicine) Julita, Olivia; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2180

Abstract

The regulations or legal basis for telemedicine regulations in Indonesia are contained in Law Number 17 of 2023 concerning Health and Minister of Health Regulation Number 20 of 2019 concerning the Implementation of Telemedicine Services Between Health Service Facilities and Minister of Health Decree Number 489 of 2021 concerning Telemedicine During the Covid-19 Pandemic . The legal responsibilities of doctors in providing virtual health services (Telemedicine) are civil, criminal and administrative legal responsibilities, while professional responsibilities will be followed up in accordance with the procedures in the medical code of ethics.
Responsibility Of Doctors In Medical Services To Patients According To Laws And Regulations Pusparini, Olivia; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2181

Abstract

A doctor's legal responsibility is a doctor's "relationship" to legal provisions in carrying out his profession. The responsibility of a doctor in the field of law is divided into three parts, namely the responsibility of a doctor in the field of civil law (Articles 1365, 1366, 1426) criminal, (Article 322, Article 351, Article 356 of the Criminal Code regarding abuse, Article 359, Article 360, and Article 378 of the Criminal Code regarding acts of fraud and ethical responsibility. Legal protection for patients in health services claiming their rights as regulated in Article 276 of the Health Law, can claim compensation for health workers and/or health providers who cause losses due to errors or negligence of doctors.
Settlement Of Medical Disputes Through Restorative Justice According To Law No. 17 Of 2023 Concerning Health Adiputra, Rudy; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2182

Abstract

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.
Legal Protection For Patients Due To Misdiagnosis In Online Health Service Platforms (Telemedicine) Based On Positive Law In Indonesia Suryaprawira, Ronald; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

Health regulations in guaranteeing legal protection for patients regarding misdiagnosis in online health service platforms based on positive law in Indonesia. Protection is contained in the provisions in Article 3 paragraph (2) and paragraph (4), as well as Article 7 of Medical Council Regulation Number 47 of 2020. Prohibitions For doctors who practice medicine via telemedicine, it is regulated in Article 9 of the Medical Council Regulation Number 47 of 2020, which is confirmed by Article 2 of the Minister of Health Regulation Number 20 of 2019. In addition, for Health Facilities providing and requesting consultations, they must register and submit it to the Minister of Health. through the Directorate General of Health Services. Resolving legal disputes between patients and online health service providers if a misdiagnosis occurs can submit a complaint to the Indonesian Medical Discipline Honorary Council in accordance with the provisions of Article 66 of the Medical Practice Law. Resolving legal disputes between patients and online health service providers can settlement through court or outside court.
Co-Authors Adiputra, Rudy Agung Darma Wibawa, Anak Ariawan, I Wayan Yogi Eka Arjawa , Anak Agung Gde Putra Asrofi, Ayus Fajar Bayu Arya Pratama, I Gede Dalmonce, Dalmonce Damanik, Siti Nurmawan Darmayanti, Ni Putu Eka Dewi, Ni Putu Laria Dwipayudha, I Dewa Kadek Gunawan, Nancy I Nengah Simpen I Putu Dhiyo Hadi Pramana Indri Astuti, Ni Wayan Jody Arya Sejati, Kadek Julita, Olivia Ketut Wiratny, Ni Kofi, Angri Dianto Laksemini, Wayan Leonardo Sibarani, Baginda Victor Mahardiana, I Gede Yoga Mulyawan Subawa, I Made Nurmawan Damanik, Siti Nyoman Suandika, I Pusparini, Olivia Putra, I Made Dwiseptya Wiranta Putra, I Nyoman Suartha Adhi Putra, I Putu Diarsa Putra, Made Andrey Dwipayana Putra, Nyoman Tri Jaya Ragawati, Ni Ketut Rupini, Luh Made Ayu Saputra, Komang Edy Dharma Sariani, Ni Luh Wiwik Shufi Dahlan, Achmad Ady Sihotang, I Nyoman Suandika , I Nyoman Suandika, I Nyoman Suarsika, I Komang Subawa, Mulyawan Suryana , Kadek Dedy Suryana, Kadek Dedy Suryaprawira, Ronald Tjua, Juliyanti Widyatmika , Ida Bagus Ary Wijaya, Indah Mira Tiaraputri Wiranti Rendang, Dewa Ayu Sinta Wiratny, Ni Ketut Wulantrisna, A.A. Sagung Yuni