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Journal : Jurnal Cahaya Mandalika

PERTANGGUNGJAWABAN HUKUM DOKTER ATAS TINDAKAN MEDIS YANG MENYEBABKAN HILANGNYA NYAWA PASIEN Andrew Kristianto Silalahi; Ika Dewi Sartika Saimima; Dwi Atmoko
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 1 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i1.1946

Abstract

The profession of a doctor with its scientific tools has unique characteristics. This specificity can be seen from the justification given by law, namely from the permissibility of carrying out medical actions on the human body in an effort to maintain and improve health status. Medical actions against the human body such as surgery, transplantation, removal of certain parts of human organs carried out by doctors are not classified as criminal acts. Conversely, if the action is not carried out by a doctor, it will be classified as a crime. The medical profession is positioned as a noble profession (afficium mobile) similar to the advocate profession. This profession has a noble mission to help people who are experiencing difficulties. The purpose of this study was to analyze the legal responsibility of doctors for alleged medical malpractice for surgical procedures based on Law Number 29 of 2004 concerning Medical Practice and procedures for resolving reports of alleged medical malpractice from an internal view of the medical profession. The term malpractice in the health service sector has recently begun to be widely discussed by the public from various parties as a result of the many complaints of cases that are suspected of being malpractice according to the designations and terms in society against the medical profession which is considered to have harmed patients in doctors treating a patient. As for this research, it uses a normative juridical method supported by an approach to events or phenomena that occur in society. The promulgation and enforcement of legal norms on the limits of medical malpractice are best contained in the Law on Medical Practice, which is now in effect in Law Number 29. 2004 concerning the Implementation of Medical Practice and how accountability should be carried out in accordance with positive law in force in Indonesia.
KONSTRUKSI YURIDIS TERHADAP PERTIMBANGAN MAJELIS HAKIM DALAM PUTUSAN NOMOR 46/PID.SUS/2021/PN.SRG BERDASARKAN PERATURAN PERUNDANG -UNDANGAN Fidri Sadri; Juanda; Dwi Atmoko
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 2 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i2.1993

Abstract

The crime of money laundering does not stand alone because the assets placed, transferred, or diverted by way of integration were obtained from the crime, meaning that there was already another crime that preceded it (predicate crime). There are 26 (twenty-six) types of predicate crimes obtained from the proceeds of money laundering crimes as stipulated in Article 2 Paragraph (1) of Law No. 8 of 2010. Basically, these activities consist of three steps, each of which stands alone but is often done together, namely placement, layering, and integration. Moreover, the crime of money laundering is closely related to financial, economic, banking, investment, juridical issues, and even social and political issues that have national and even global impacts as found in the case with Decision Number 46/Pid.Sus/2021/Pn. Srg.The research method used in this study is a normative juridical research method using a statutory approach. Based on the results of the research, it can be seen that the juridical construction is considered by the judge in deciding case number 46/Pid.Sus/2021/Pn. Srg namely by paying attention to the elements contained in the articles used by the public prosecutor in the indictment. When viewed based on legal principles, the application of these articles is appropriate for the crimes committed by the defendants, but based on the principle of justice, the decisions issued by the Panel of Judges are deemed not to be able to fulfill a sense of justice, because the victims do not receive complete compensation in accordance with with the losses they suffered, as well as the confiscation of evidence of economic value, it was felt that they did not fulfill a sense of justice because the state in this case did not suffer any losses.
PERLINDUNGAN HUKUM TERHADAP NASABAH BANK DALAM PENGGUNAAN KARTU ATM DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Hirwansyah; Dwi Atmoko
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 5 No. 2 (2024)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v5i2.2967

Abstract

The increasing development of technology has had a very significant impact in the financial sector. In the banking sector, of course it has a fundamental impact. The use of technology with digital transactions, especially using Automatic Teller Machines (ATMs), has its own value for bank customers. The use of ATMs by customers cannot be separated from the negative or positive value of the ATM. In fact, basically using an ATM is easier and saves time and energy. However, in implementation, failures sometimes occur which in the end will only harm bank customers, in this case consumers. As is known, bank customers themselves are also consumers, regulated in Law Number 8 of 1999 concerning Consumer Protection. Losses received by bank customers. Not necessarily because of the customer's own negligence, but also because of the failure of the ATM system. Sometimes the bank does not want to compensate for losses due to this incident, saying that it was due to customer negligence. The Customer Service System implemented by the Bank, in this case benefiting the bank, is of course detrimental to consumers. For this reason, it is necessary to have special regulations that regulate the role of banks in providing services to customers so that each party has the same rights and obligations in becoming partners, in this case between the bank and its customers.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN PADA PRODUK OBAT TRADISIONAL YANG BEREDAR DI MASYARAKAT Dwi Atmoko; Ahmad Baihaki
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 5 No. 2 (2024)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v5i2.3144

Abstract

Currently, the distribution of traditional medicines is increasingly widespread in society. The various products offered are very varied, ranging from local to international products. As is known, various kinds of diseases arise in society. People from various economic levels, especially from weak economic circles, are better off looking for traditional medicine because the price of the medicine may be expensive and the side effects it causes. Legal protection for the public as regulated in Law Number 8 of 1999 concerning Consumer Protection provides protection for the public regarding products sold by business actors. Business actors who produce traditional medicines are very diverse, ranging from large scale to small scale. Then, along the way, many traditional medicine businesses in making their products sometimes do not heed the regulations made by the government, namely by mixing their herbal products with chemical drugs, which are sometimes very dangerous for consumers who use these products. Basically, traditional medicines are pure plants which are believed to have the efficacy of treating certain diseases, the aim of which is to cure a person's existing disease. Consumer protection for medicines circulating in the community must receive strict supervision from the government, so as not to cause fatalities. Strict regulations on business actors must be monitored comprehensively and continuously. Strict sanctions must be given to business actors who violate the provisions so that it can have a deterrent effect, it is hoped that these business actors will not make the same mistakes, so that consumer protection can be achieved properly and optimally.