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Legal Awareness Of Hospitals In The Implementation Of The Regulation Of The Minister Of Health No. 44 Year 2018 On The Effectuation Of Hospital Health Promotion (Study At Hj. Fatimah Sulhan Pku Muhammadiyah Demak Hospital Ahmad Ghufron; Rizka Rizka; Wardah Yuspin
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.936

Abstract

Health Promotion is a process to empower the society through activities to inform, influence and assist the society to play an active role to support behavioral and enviromental changes and maintain and improve health towards optimal health status. The purpose of this study was to analyze the awareness of the implementation of PKRS based on Permenkes No. 44 of 2018 at Hj. Fatimah Sulhan PKU Muhammadiyah Demak Hospital. This research uses empirical research. The results of this study explain that hospitals in the implementation of PKRS based on Permenkes No. 44/2018 focus on 2 aspects, namely PKRS management and fulfillment of PKRS standards. In the preperation carried out, hospitals must consider the rules of the PKRS guidelines that have been regulated in the regulations. These regulations must not contradict but ini making internal rules, hospitals can add according to the technical needs of PKRS. The hospital has adjusted the PKRS guidelines and work program with the guidelines regulated by Permenkes No. 44/2018
Legal Responsibility Of Medical Personnel In Carrying Out Medical Procedures Muhammad Nur Aji Basuki; Wardah Yuspin; Siti Soekiswati
LEGAL BRIEF Vol. 13 No. 1 (2024): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i1.940

Abstract

Informed consent is a statement given by a patient to a doctor that he agrees to a medical procedure. Apart from that, informed consent itself is a form of communication between the patient and the doctor with the aim of providing information regarding surgical and/or treatment plans, surgical risks, surgical benefits, disease prognosis and etc. The aim of this study is to analyze the medical responsibility of medical personnel for medical procedures through informed consent. This research uses empirical juridical research. The results of this study explain the important role of informed consent in the practice of medical procedures in hospitals by medical personnel and the responsibility of medical personnels when there are allegations of malpractice committed due to negligence by medical personnel in carrying out their obligations to carry out medical procedures on patients
Urgensi Pembentukan Undang-Undang Fintech Di Indonesia: Harapan Dan Realita Di Era Pandemic Covid-19 Didik Irawansah; Wardah Yuspin; Ridwan Ridwan; Nasrullah Nasrullah
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.581

Abstract

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.
THE SHARIA COMPLIANCE OF SECURITIES CROWDFUNDING: A CASE STUDY ON SME Wardah Yuspin; Iramadya Dyah Marjanah; Arief Budiono; Jompon Pitaksantayothin
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.226-242

Abstract

The growth and development of Small Medium Enterprises (SME) have various challenges that must be overcome. Financing is one of the most challenging issues to be funded. Traditional finance is a funding instrument that is somewhat difficult to penetrate for SME as they are not yet bankable and are in the stage of business initiation. This is resolved by the stipulation of POJK regulation Number 37/POJK.04/2018 which was amended to POJK Number 16/POJK.04/2021 and becomes alternative funding for SME in Indonesia. This study uses emipirical research method with a qualitatif study approach. Primary data was obtained based on interviews and secondary data using desk research. There are two products issued by Securities Crowdfunding Sharia: Shares and Sukuk. These two products must fulfill the requirements of sharia principles, which should not incorporate with syariah compliance. The result of this research is that the products in SCF Syariah do not violate Sharia Compliance. Four categories have been analyzed, and the results show that they do not contain four categories that violate Sharia Compliance.
Perlindungan Konsumen Data Pribadi Nasabah Bank Syariah Indonesia ditinjau dari POJK Nomor 6/POJK.07/2022 Amandha Bayu Wiedyasari; Wardah Yuspin
Unram Law Review Vol 8 No 1 (2024): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v8i1.331

Abstract

This research aims to study and analyze the legal protection of customer personal data of banks reviewed in POJK No. 6/POJK.07/2022 and the case of leakage of customer personal data of Bank Syariah Indonesia viewed in POJK No. 6/POJK.07/2022. The method used is qualitative research with a normative legal approach. The results show that 1) personal data is data about an individual who is identified or can be identified that needs to be protected. From personal data, private information about an individual can be obtained, which needs to be protected by banking institutions as institutions that rely on public trust for their sustainability. The leakage of customer personal data has legal protection for consumers and the public, as outlined in OJK Regulation No. 06/POJK.07/2022 concerning Legal Protection in the Financial Services Sector, aimed at strengthening consumer protection aspects, including the protection of bank customer personal data as financial service consumers. This regulation emphasizes the prohibition of providing consumers' personal data to third parties. This regulation includes rules on legal sanctions for parties that fail to comply with the provisions, such as provisions regarding the prohibition for financial service providers to misuse consumers' personal data or information. Sanctions imposed include administrative sanctions and nominal fines. 2) Cases of leakage of customer data from Bank Syariah Indonesia can be pursued legally for the leakage of customer personal data in banking services against cybercrimes, according to Article 1 of POJK No. 6/POJK.07/2022. PT. Bank Syariah Indonesia must compensate customers for damages caused by system malfunctions and unlawful acts (PMH) according to Article 11 of POJK No. 6/POJK.07/2022 regarding the prohibition of providing consumers' personal data and/or information. Bank Syariah Indonesia must be responsible for the leakage of customer data without the need for proof of fault, as sanctions for data breaches have been regulated in Article 3, paragraph 3, of POJK No. 6/POJK.07/2022.
The law alteration on artificial intelligence in reducing Islamic bank’s profit and loss sharing risk Yuspin, Wardah; Wardiono, Kelik; Budiono, Arief; Gulyamov, Said
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.23051

Abstract

Artificial Intelligence is categorized into the domain of computer science focused on creating intelligent machines that function like humans. Artificial Intelligence supports institutions including Islamic Financial Services in learning, making decisions, and providing useful predictive analytics. The progress and promise that artificial intelligence has made and presented in finance have so far been remarkable, allowing for cheaper, faster, closer, more accessible, more lucrative, and more efficient finance especially during the pandemic Covid-19 when people are required to stay at home yet still doing a banking transaction. Despite the incredible progress and promise made possible by advances in financial artificial intelligence, it nevertheless presents some serious perils and limitations. Three categories of risks and limitations involve the rise of virtual threats and cyber conflicts in the financial system, society's behavioral changes, and legal amendments that cannot respond to technological developments, especially in developing countries. The main objective of this article is to evaluate the operations of the potential risks that may arise in the use of Artificial Intelligence in Islamic finance services, especially dealing with the legal arrangement that is supposed to be in line with business development. Indonesia is a country that adheres to civil law system, in which every legal arrangement is supposed to be based on written law. The lack of this legal system is where the speed of legal changes cannot keep up with the pace of technological development, which is present as a hinder to the development of Artificial Intelligence in the financial system. This article concludes that Artificial Intelligence will have a huge impact in the future on the Islamic Finance industry, but in the Indonesian context, it still needs various efforts to reduce the potential risk that eventually has a big impact on the progress of Islamic banks.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PROSTITUSI ONLINE MELALUI APLIKASI MICHAT Bahari, Roni; Yuspin, Wardah
Media Keadilan: Jurnal Ilmu Hukum Vol 14, No 2 (2023): Oktober
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jmk.v14i2.13234

Abstract

The enforcement of online prostitution laws against sexual service providers or prostitutes on the MiChat application which have not been strictly regulated in the laws and regulations in Indonesia and also criminal sanctions have not been able to create a deterrent effect for the perpetrators. This study aims to find out how law enforcement is carried out against online prostitution performed by PSK through the MiChat application. The research method used is normative legal research using statutory approaches, conceptual approaches, and case approaches. The research results show that online prostitution through the MiChat application is happening in various ways and its modus operandi, law enforcement against online prostitution through the MiChat application influenced by several factors including legal factors that have not explicitly regulated sex workers, law enforcement factors that have their respective roles in enforcing prostitution laws online less qualified in the field of information technology, inadequate facilities and infrastructure, and social and cultural factors that are still indifferent and do not care about this criminal act of prostitution.Keywords: Law Enforcement, Online Prostitution, PSK, MiChat Application
Cyber Indoctrination Victims in Indonesia and Uzbekistan: Victim Protection and Indoctrination in Practice Budiono, Arief; Absori, Absori; Wardiono, Kelik; Yuspin, Wardah; Gulyamov, Said Saidakhrarovich
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.127

Abstract

Terrorism has become a global phenomenon, affecting not only those hurt or killed by acts of terrorism but also involving women as significant contributors to indoctrination worldwide, including in Indonesia and Uzbekistan. This research aims to explain the evolving roles of women in terrorism in Indonesia and Uzbekistan and how terrorists use cyber indoctrination to target women in these countries. The research was conducted in Indonesia and Uzbekistan using the classical-normative dogmatic juridical method with a library-based approach. Cyber indoctrination has proven highly effective in persuading women to join and take initiative in acts of terror. Women who become involved in terrorism due to exposure to pseudo-religious ideologies through cyber indoctrination have human rights and should be legally protected as victims of cyber indoctrination by terror groups. This article contributes to the recognition of women's rights as victims of cyber indoctrination and sheds light on the changing role of women in terrorism. It aims to raise awareness among society, governments, law enforcement agencies, and religious leaders about the strategies of pseudo-religious cyber indoctrination employed by terrorists. It encourages them to take preventive and repressive actions to combat terrorism and safeguard women from its allure.
Legal Awareness Socialization in Using Internet in Paulan Village Karanganyar budiono, arief; Wardiono, kelik; Chandra, Rizky Aditya; Zuhdi, Syaifuddin; Yuspin, Wardah; Farid, Achmad Miftah
KADARKUM: Jurnal Pengabdian Kepada Masyarakat Vol. 5 No. 1 (2024): Juni
Publisher : Fakultas Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/kdrkm.v5i1.8198

Abstract

Indonesia is currently experiencing a very rapid technological advancement. Apart from conducting buying and selling transactions through the internet/digital media, people can also conduct businesses. Then, in this community service program, the authors discussed how to respond to this technological advancement. This is because, in this current millennial era, there is a risk for cyber-crimes and cyberbullying that is currently rampant in every existing social media to obtain money. The target of this socialization is the youth of the Paulan Village Karang Taruna (Youth Organization), Colomadu Regency, Karanganyar Regency, Central Java, Indonesia where almost all of them utilize the Internet in daily life. This community service utilized the descriptive method. The authors employed the legal counselling method as a method of analysis. This legal socialization activity was carried out through lectures, dialogs, discussions, as well as problem resolution related to legal awareness in utilizing the internet and social media with the theme “The Importance of Legal Awareness in Utilizing the Internet and Social Media”. Through this method, participants obtained materials on how to be wise in utilizing social media and the Internet. They are also trained to resolve cyber-crime-related legal issues. After participating in this event, it can be seen that the target of this socialization had a better understanding and knowledge on the Law on Electronic Information and Transaction. Apart from that, they also showed better attitudes in utilizing social media. Socialization should routinely be organized with different materials, while still discussing the importance of utilizing social media
PERTANGGUNGJAWABAN BANK TERHADAP NASABAH KORBAN KEJAHATAN ITE DI BIDANG PERBANKAN Yudanto, Yudanto; Surbakti, Natangsa; Yuspin, Wardah
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7764

Abstract

The recent rise in ITE crimes in the banking sector has given rise to new problems, both legally and economically. These crimes often involve resource users, infrastructure, and customer identities. As a result, in terms of implementing criminal law, especially banking and financial services companies must bear responsibility for their customers' losses. The importance of bank accountability towards its customers who are victims of ITE crimes from a criminal law perspective is the objective discussed in this research. This legal research refers to positive legal norms in accordance with the hierarchy of existing laws and regulations, legal principles, legal doctrine, as well as other literature relating to Bank responsibility for crimes in criminal law. The results of the analysis from this research show the importance of protecting bank customers by banks and that there have been efforts made by the Indonesian banking industry to empower and protect consumers with the banking criminal regulations in Law no. 10 of 1998 which is mentioned in detail therein.
Co-Authors Absori Absori Adi Nugroho Ahmad Ghufron Ahzar, Rizki Maulana Aidul Fitiada Azhari Aidul Fitriciada Azhari Amanda Putri Ariyani Amandha Bayu Wiedyasari Ameilia Annisa Salsabila Andria Luhur Prakoso Andriadin, Andriadin Andriati, Fatmi Anindhita Nurfaatin Sukirman Anisa, Nurul Arief Budiono Ash-shidiqqi, Ellectrananda Anugerah Ata Fauzie Athiyyatulmajid, Salsabila Aya Mohammed Youssef Abd Allah Azhar Alam Azhari, Aidul Fitiada Bahari, Roni Baskoro Tri Pamungkas Basuki, Muhammad Nur Aji Berlian Ramadhany Ayuningtyas Binar Sapto Nugroho Chandra, Rizky Aditya Danang Kurniawan Danang Sugihardana Diana Setiawati Diyah Murti Hastuti ellectrananda anugerah ash-shidiqqi Eny Purwandari Esmara Sugeng Etyn Ariyani Susilowati Fadhilah, Astutik Fafta Aini Putriana Fahmi Fairuzzaman Farid, Achmad Miftah Fauzie, Ata Femy Wahyu Fitriani Gandung Triyanto Genta Arya Mohammad Ghufron, Ahmad Gulyamov, Said Gulyamov, Said Saidakhrarovich Harun Hatinuraya, Yurisvia Previlega Indah Maulani Iramadya Dyah Marjanah Irawansah, Didik Isman, Isman Jati, Ridho Bawana Jompon Pitaksantayothin Jompon Pitaksantayothin Kelik Wardiono Kurniawan, Adityo Wiwit Kuswardhani Kuswardhani Lukman Hakim M Junaidi, M Marisa Kurnianingsih Marjanah, Iramadya Dyah Moh. Indra Bangsawan Mohammad, Genta Arya Muchamad Iksan Mudofi, Luthfi Nurul Hidayah Muhammad Edi Hermawan Muhammad Nur Aji Basuki Muhammad Nur Aji Basuki Mutimatun Ni’ami Nasrullah Natangsa Surbakti Noviasari, Ryska Nur ilmi putri febriyanti Nurlina Afifah Litti Nurrachman, Alfan Dzikria Peggy Dian Septi Nur Anggraini Pramesti, Nadila Putri Rahardjo, Trisno Rajput, Trisha Ridwan Rika Yunita Hardiyati Rizka Rizka Rizka Rizka Rizka Rizka Rizka, Rizka Said Saidakhrarovich Gulyamov Sakia Agia Salsabella Septarina Budiwati Septarina Budiwati Setiyawan, Wahyudi SH, Harun Shofiana Eka Aulia Siti Soekiswati Syaifuddin Zuhdi Syaifuddin Zuhdi Syaifuddin Zuhdi Syaifuddin Zuhdi SYAMSUL HIDAYAT Tampawestri, Miranti Kusretno Ulfa, Nadiya Wiliani, Amalia Yudanto Yudanto Yulian Dwi N Yurisvia Previlega Hatinuraya Zuhdi, Syaifuddin Zuvarcan, Diaz Alifarizki