Ngah, Anisah Che
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Child Support Right In The Human Rights Perspective Alam, Arief Syahrul; Chaidar, Muhamad; Ngah, Anisah Che
SASI Volume 30 Issue 3, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i3.2193

Abstract

Introduction: The provision of Article 28 B paragraph (2) and Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia can be stated as the philosophical basis for children's rights on viability, growth, and development; and the rights to protection from violence and discrimination; as well as the rights to recognition, assurance, fair legal protection, and certainty, as well as equal treatment in front of the law.Purposes of the Research: To find out that every regulation related to child support rights from the human rights perspective should refer to the philosophical basis of the nation that is Article 28 B paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of Republic of Indonesia. The focus of the legal problem in this study is child support rights from the human rights perspective.Methods of the Research: The juridical normative method with statute approach, conceptual approach, constitutional approach, and Comparative approach is used as the research methodology in this study.Results of the Research: However, with the implementation of Article 28 B paragraph (2) of the 1945 Constitution of Republic of Indonesia that placed the State, Government, and Regional Governments are obliged to ensure the protection, care, and welfare of the children by paying attention to the rights and obligations of the parents, guardians or other people who legally responsible to the children. The provision of that Article asserts that the problem of children's protection is not only the responsibility of their parents, but also has become the responsibility of the state, government, and regional government. Therefore, it can be concluded that the post-divorce child maintenance rulings in Malaysia are better than those in Indonesia, as the implementation of child maintenance rulings in Malaysia is monitored by the BSK, which is a part of the Court responsible for handling all matters related to child support.
Miscommunication As A Cause Of Disputes In The Relationship Between Doctors And Patients In Hospitals_ Astuti, Endang Kusuma; Yustina, Endang Wahyati; Ngah, Anisah Che
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21791

Abstract

The legal relationship between doctors and patients always employs communication as a means to reach a mutual acceptance and understanding of each party. However, miscommunication more often than not happens in that legal relationship, thus producing disputes between doctors and patients. The problem raised in this study is how miscommunication between doctors and patients in medical services can cause medical disputes. The study utilized sociolegal research as its research method, with the location of the research being done in Semarang. The results of the study reveal that miscommunication between doctors and patients can be a cause of disputes due to the distinct gap between expectations and the reality received by patients. This distinctive gap could emerge when there are differences in culture and language between doctors and patients. Therefore, the gap caused by miscommunication is one of the most frequent causes of disputes between doctors and patients in medical services.
Respon Pemerintah Indonesia Terhadap Hak Asasi Anak dalam Konvensi Internasional (Refleksi Ius Constitutum dan Prospek Ius Constituendum) Ngah, Anisah Che; Rahman, Abdul
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 3 No 2 (2014): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v3i2.1514

Abstract

Children’s rights are well-established through various international conventions. But, the international conventions do not well implemented in Indonesian law. Besides that, international convention is often interpreted differently in Indonesian law. To guarantee children’s rights, the government and society of Indonesia must be effort to implement international conventions already ratified correctly.