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All Journal Nagari Law Review Ekasakti Journal of law and Justice
Raspati, Lucky
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Law, Crime, Criminology & Criminal Justice

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Criminal Responsibility For The Occurring of a Patient Safety Incident In a Health Center Which Results in the Leaving of A Baby's Head in a Mother's Womb Before Birth in the Perspective of Health Law in Indonesia Yandriza; Raspati, Lucky; Elvandari, Siska; Irwan Nanda, Anggun
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/enk4hx15

Abstract

This research was motivated by a mother from Panpajung Village, Modung, Bangkalan, Madura, East Java, reporting a midwife to the police on suspicion of malpractice. The mother lost the baby she was carrying after the baby's head was left in the womb during the birth process at the health center. The explanation of this case is interesting for the author to discuss who should be responsible for it all, and what criminal responsibility is like regarding the occurrence of patient safety incidents at a community health center resulting in the baby's head being left in the mother's womb before birth in the perspective of health law in Indonesia. The death that occurred to the baby is of course the subject of our collective evaluation, while remaining in favor of the aim of criminal law to provide protection against crimes against a person's body and life, and the death that occurred to the baby, of course, is contrary to the mandate of Law no. 39 of 1999 concerning Human Rights regarding: The Right to Life, and the Right to Defend Life, and also contradicts the aim of health law to reduce suffering, prolong life, and accompany patients until the end of their lives. 
Formation of A Special Court for The Medical Profession Inrealizing the Aspirations of the Indonesian Doctors Association as Efforts to Develop National Health Law in Indonesia Yandriza, Yandriza; Raspati, Lucky; Elvandari, Siska
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.544-555.2025

Abstract

The object of this writing is based on the present, very often occurs among doctors, and or health workers proven to have made a mistake, and or medical negligence. Medical errors and or negligence can result in disability, and death of a patient. Disability and death of a patient cause thinking among doctors and/or health workers, it is considered that they have committed an alleged crime that endangers the safety of the body and life of a patient, so that doctors and/or health workers feel that they have been criminalized by certain parties. This criminalization is of course very confusing, considering that in fact in This criminal law perspective certainly cannot be said to be criminalization, in fact it can be said to be a form of criminal responsibility.
The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera Yoserwan, Yoserwan; Irzal Rias, A.; Tenofrimer, Tenofrimer; Arma, Diana; Raspati, Lucky
Nagari Law Review Vol 6 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.6.i.2.p.146-157.2023

Abstract

The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution). in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society.
Konfigurasi Politik UU Cipta Kerja, Dan Implementasi Putusan MK Nomor 35/PUU-X/2012: Masa Depan Kedaulatan Atas Penguasaan Hutan Adat Gusman, Delfina; Raspati, Lucky
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.592-605.2024

Abstract

This paper aims to describe the implications of the legal-political configuration of the Job Creation Law and the implementation of Constitutional Court Decision Number 35/PUU-X/2012. The data used in this study are legal materials in the form of writings published by previous researchers related to the object of this study, and materials in the form of laws and Constitutional Court decisions. These primary and secondary materials will be analyzed and interpreted qualitatively. This study finds that the Job Creation Law is an orthodox legislation formed by an authoritarian political configuration that has undermined the mandate of Constitutional Court Decision Number 35/PUU-X/2012 and has implications for the constitutional rights of customary law communities by revoking their constitutional rights over their customary forests.
Co-Authors Arma, Diana Delfina Gusman Irwan Nanda, Anggun Irzal Rias, A. Siska Elvandari Tenofrimer, Tenofrimer Yandriza Yandriza, Yandriza Yoserwan Yoserwan, Yoserwan