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Analisis Sejarah Hukum Terhadap Perubahan Atas Undang Undang Tentang Perlindungan Anak Marune, Abraham Ethan Martupa Sahat
Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Vol. 12 No. 2 (2023): Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah
Publisher : LPPM STIS Hidayatullah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52051/ulumulsyari.v12i2.272

Abstract

This study aims to analyze the legal history of Law Number 35 of 2014 which is an amendment to Law Number 23 of 2002 concerning Child Protection. This analysis will identify existing legal gaps in the law, taking into account the historical context and evolution of child protection law in Indonesia. This study uses a normative juridical research method and is descriptive-analytical. The main data used are laws related to child protection, including Law Number 35 of 2014 and Law Number 23 of 2002. In addition, historical documents, court decisions, and related literature are also analyzed to understand the context and interpretation of the law used. relevant. Data collection techniques involve literature study and document search. The results of the study show that the legal history of changes to child protection laws is due to significant changes in terms of social development, paradigm shifts, and increased awareness of children's rights related to child protection arrangements. The focus of the application of child protection law boils down to fulfilling optimal protection for witnesses and victims where the current conditions make it possible for violence and sexual crimes to occur, the perpetrators of which are children.
Legal responsibility of foreign doctors who commit medical malpractice in Indonesia Marune, Abraham Ethan Martupa Sahat
Science Midwifery Vol 12 No 1 (2024): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v12i1.1428

Abstract

This research investigates the legal liability of foreign doctors in cases of malpractice and illegal medical practices in Indonesia. It explores the legal framework governing such practices and the protection available to victims. Despite existing laws such as Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 concerning Medical Practice, they fail to adequately safeguard patients, particularly in cases involving foreign doctors. Although legislation mandates health as a human right and outlines legal protection for victims, enforcement is lacking. There's a notable absence of specific regulations governing the supervision of foreign doctors practicing in Indonesia. While various laws touch on aspects of supervision and regulation, such as Law Number 13 of 2003 concerning Employment and Law Number 6 of 2011 concerning Immigration, they lack specificity. The research recommends revising and enhancing legal regulations to address these gaps, particularly focusing on regulations pertaining to foreign doctors' practices and patient protection. This includes advocating for specialized regulations tailored to address malpractice committed by foreign doctors and ensuring their enforcement to uphold patient safety and rights.
Analisis Sejarah Hukum Terhadap Perubahan Atas Undang Undang Tentang Perlindungan Anak Marune, Abraham Ethan Martupa Sahat
Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Vol. 12 No. 2 (2023): Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah
Publisher : LPPM STIS Hidayatullah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52051/ulumulsyari.v12i2.272

Abstract

This study aims to analyze the legal history of Law Number 35 of 2014 which is an amendment to Law Number 23 of 2002 concerning Child Protection. This analysis will identify existing legal gaps in the law, taking into account the historical context and evolution of child protection law in Indonesia. This study uses a normative juridical research method and is descriptive-analytical. The main data used are laws related to child protection, including Law Number 35 of 2014 and Law Number 23 of 2002. In addition, historical documents, court decisions, and related literature are also analyzed to understand the context and interpretation of the law used. relevant. Data collection techniques involve literature study and document search. The results of the study show that the legal history of changes to child protection laws is due to significant changes in terms of social development, paradigm shifts, and increased awareness of children's rights related to child protection arrangements. The focus of the application of child protection law boils down to fulfilling optimal protection for witnesses and victims where the current conditions make it possible for violence and sexual crimes to occur, the perpetrators of which are children.
Criminal Liability of Indonesia’s State-Owned Enterprise Directors for Acts That Cause State Financial Losses Marune, Abraham Ethan Martupa Sahat
Interdisciplinary Social Studies Vol. 1 No. 2 (2021): Reguler Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.398 KB) | DOI: 10.55324/iss.v1i2.25

Abstract

Directors of state-owned enterprises can be prosecuted because of suspicions of their actions which cause state finances loss. The objectives of this research is to find out the responsibilities of directors which cause state finances loss. This research used normative juridical methods.b The research found that the directors of state-owned enterprises were assumed as state officers. State-owned company assets were interpreted as state assets, as well as state loss was interpreted as state finance loss. In administrative law, when directors of state-owned enterprises do an action that causes state financial loss, they are obliged to return the loss, but in criminal law, returning the loss will not eliminate the penalty of the criminal.
Polemics of the Bill on the Alcoholic Beverages’ Prohibition in Indonesia Marune, Abraham Ethan Martupa Sahat; Tanadi, Irgo Senjaya
Interdisciplinary Social Studies Vol. 1 No. 3 (2021): Reguler Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v1i3.39

Abstract

Background: The emergence of the Draft Bill on the Prohibition of Alcoholic Beverages, where it regulates the prohibition on producing, trading, consuming, and other matters related to alcoholic drinks. This certainly causes polemic among the people, because there are several aspect of life related to alcoholic drinks. Aim: Therefore, the author did the research regarding to the effectiveness, impact and challenges faced by the government in the enactment of the Draft Bill on Alcoholic Beverages. Method: The research of this paper is carried out with normative juridical method, qualitative types and documentation instrument methods to examine the relationship between two different but related variables. Findings: From the results of the research, it can be concluded that the drafting of the Alcoholic Drinks Bill in terms of its effectiveness will be very difficult to carry out and its impacts include the cultural, economic, security, and tourism sectors. Each of the Draft Law should be considered entirely in the interest of the people and not personal interests. The government must implement the protocol in accordance with the law and the community must also obey and carry out every right and obligation as citizens who are dedicated and virtuous towards the state constitution.