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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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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.
Settlement Of Crimes Of Persecution Through Restorative Justice In The Jurisdiction Of The Bali Regional Police Mahardiana, I Gede Yoga; Sihotang, Erikson; Suandika, I Nyoman
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The Indonesian state is a state of law, based on Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This means that within the Unitary State of the Republic of Indonesia, the law must be upheld and become a means of carrying out activities in all aspects of national and state life. Laws that uphold human rights and guarantee equal status before the law are required to respond to all problems and conflicting interests of society. The problem formulation is how to resolve criminal acts of abuse through restorative justice in the Bali regional police? And what are the obstacles in resolving criminal acts of abuse through restorative justice in the Bali regional police? The research method in this case is empirical research, descriptive research, the data source is primary data; secondary data; and tertiary data, data collection techniques namely observation; interview; and documentation, and data processing and data analysis techniques, namely descriptive qualitative. Resolving criminal acts of abuse through Restorative Justice in the jurisdiction of the Bali Regional Police is carried out by integrating three forms of law enforcement, namely preemptive, preventive and repressive. However, the obstacles to this resolution are the lack of eyewitnesses, lack of human resources for law enforcement, and the trauma suffered by victims which is difficult to remove, so psychological support and long-term therapy are really needed to help victims recover emotionally and mentally.
PENTINGNYA PERIZINAN DALAM PEMBANGUNAN VILLA Sihotang, Erikson
Jurnal Ilmiah Raad Kertha Vol. 8 No. 02 (2025): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/1d5tca81

Abstract

Bali is a province in Indonesia with unique characteristics that contribute toregional development, where economic pillars are built on the strengths of the tourismsector. Its rich natural and cultural potential supports sustainable tourismdevelopment. The extraordinary natural beauty and unique cultural heritage of Balimake it one of the most popular tourist destinations in Indonesia. This view wassupported by Tourism Minister Arief Yahya, who stated that Bali is a destinationalready well-known on the global tourism map. Therefore, Bali is highly deserving ofbeing an icon of Indonesian tourism
Juridical Review of Traffic Accident Crimes Involving Pedestrians as Perpetrators at the Klungkung Police Resort Sihotang, Erikson; Rupini, Luh Made Ayu; Suandika, I Nyoman
International Journal of Social Service and Research Vol. 6 No. 1 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i1.1362

Abstract

Traffic accidents are not always caused by the driver of a motor vehicle; under certain conditions, they can also involve pedestrians as perpetrators. This phenomenon raises its own legal problems, especially in the process of determining perpetrators and applying criminal liability by law enforcement officials. This study aims to examine the determination of pedestrians as perpetrators of traffic accidents and to analyze law enforcement in these cases within the jurisdiction of the Klungkung Resort Police. It employs a normative juridical method supported by an empirical approach, with legislative and conceptual approaches. The data were analyzed based on the provisions of the Criminal Code, the Criminal Procedure Code, and Law Number 22 of 2009 concerning Road Traffic and Transportation, associated with field investigation practices. The results show that the determination of pedestrians as perpetrators of traffic accidents is based on the principle of negligence (culpa), with fulfillment of the elements of error and valid proof. Law enforcement against pedestrians as perpetrators of traffic accidents at the Klungkung Resort Police is carried out professionally by prioritizing evidence, prudence, and a restorative justice approach. This research emphasizes the importance of investigators' meticulousness in assessing the elements of error to avoid improper criminalization and ensure legal certainty and justice.
JURIDICAL ANALYSIS OF THE JUDGE'S DECISION IN THE CASE OF PROTECTED ANIMALS AT THE DENPASAR DISTRICT COURT Wiratny, Ni Ketut; Sihotang, Erikson; Widyatmika , Ida Bagus Ary
International Journal Multidisciplinary (IJMI) Vol. 3 No. 2 (2026): International Journal Multidisciplinary (IJMI)
Publisher : Antis-Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijmi.v3i2.449

Abstract

Objective: To analyze the considerations and inhibiting factors in criminal cases regarding protected animals in the Denpasar District Court, specifically in Decision Number 809/Pid.Sus/2024/PN Dps. Method: The case is analyzed based on the judge's considerations, including elements of intentionality, the defendant's ignorance, incorrect application of cumulative articles, and the use of justice and societal usefulness in decision-making. Results: The judge's considerations focused on intentionality, ignorance of the legal requirement for permits, and the application of the wrong articles. The defendant was not found guilty of committing a criminal act as the judge balanced legal certainty with justice and societal impact. Novelty: The case highlights the impact of outdated legislation, lack of coordination among law enforcement agencies, and the role of social media in facilitating the trade of protected animals.
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