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LEGAL PROTECTION FOR PATIENTS IN THE IMPLEMENTATION OF HEALTH SERVICES AT CLINICS IN DUMAI CITY Juwita Yanti Pakpahan; Novi Juli Rosani Zulkarnain
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21636479

Abstract

This study analyzes the legal protection of patients in health services provided by clinics in Dumai City under Indonesia’s current health-law framework. The research uses a normative juridical method with statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, Minister of Health Regulation Number 11 of 2025, and related rules on medical records, referrals, pharmaceutical services, and personal data protection. The study finds that patient protection operates through preventive and repressive mechanisms. Preventive protection requires lawful clinic licensing, professional competence, service standards, informed consent, confidentiality, accurate medical records, patient safety, transparent fees, and effective referral procedures. Repressive protection is available through internal complaints, professional and administrative examination, mediation, civil claims, and criminal proceedings where legal elements are fulfilled. The main implementation challenge is not the absence of norms, but inconsistent documentation, insufficient communication, weak complaint management, and limited supervision. Therefore, clinics and the Dumai City Government should strengthen standard operating procedures, patient information systems, incident reporting, periodic compliance audits, and accessible non-litigation dispute resolution.
Reconciling Customary Land Rights and National Civil Law in North Sumatra: Toward an Integrative Land Dispute Resolution Framework Novi Juli Rosani Zulkarnain; Hairul Amren Samosir
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : RADJA PUBLIKA

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Abstract

Customary land disputes in North Sumatra reflect an ongoing tension between communal land tenure systems and Indonesia’s national civil and land-law framework. Although customary communities and their traditional rights are constitutionally recognised, their protection remains constrained by conditional recognition procedures, formal evidentiary requirements, fragmented institutional authority, and unequal bargaining power. This study aims to analyse the relationship between customary land rights and national civil law and to formulate an integrative framework for resolving customary land disputes. A qualitative socio-legal research design was employed by combining doctrinal legal analysis with empirical investigation. Legal materials included constitutional provisions, agrarian legislation, civil-law principles, land-registration regulations, mediation rules, and relevant judicial decisions. Empirical data were obtained through semi-structured interviews, document analysis, and field observations involving customary leaders, community members, government officials, land authorities, legal practitioners, mediators, and other relevant stakeholders. The findings reveal that customary communities primarily rely on oral histories, genealogical relationships, ancestral occupation, collective cultivation, and customary boundaries, whereas formal institutions prioritise certificates, cadastral maps, permits, and written administrative records. Existing resolution mechanisms remain insufficient because customary deliberation lacks formal enforceability, administrative procedures are institutionally fragmented, and civil litigation often reduces complex communal disputes to conventional ownership claims. This study proposes an integrative framework consisting of community identification, participatory mapping, verification of customary and formal evidence, temporary protection of disputed land, multi-stakeholder mediation, legally binding settlement, administrative registration, and post-settlement monitoring. The study concludes that customary law and national civil law should function as complementary rather than competing legal systems. The proposed framework contributes to legal-pluralist scholarship and provides practical guidance for achieving legal certainty, substantive justice, social legitimacy, and sustainable land governance.