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Legal Protection For Consumers Using Dentures By Dental Services Restiana, Adevia Ayu; Purwani, Sagung Putri M. E.
Unram Law Review Vol 7 No 2 (2023): 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.v7i2.302

The research aims to analyse the legal protection for consumers who use prosthodontics by dental worker, and the legal authority and responsibility of dental worker (dentists) regarding the installation of false teeth (prosthodontics). The research used is normative legal research, using a statutory approach and a conceptual approach with primary legal material and secondary legal material. Legal protection for consumers regarding dental service practices has not been fully implemented in the Consumer Protection Law. The authority of dental worker (dentists) has been regulated in Minister of Health Regulation 39 of 2014. However, in practice, it is not implemented following applicable regulations. The responsibility of dental worker (dentists) for patients who use dentures (prosthodontists) is they provide pain relief medication due to the installation of dentures as well as repairing the installation of the dentures they have made. Additionally, the dental worker shall provide compensation following the applicable law.

Legal Protection of Patients Who Do Care in Dental and Oral Therapists Based on Permanence No. 20 of 2016 on Permission and Maintenance of Dental Therapist Practice Putu Ria Purnami; Purwani, Sagung Putri M.E; Kartika, I Gusti Ayu Putri; Adiyaryani, Ni Nengah
Unram Law Review Vol 8 No 2 (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.v8i2.359

The field of health is one that is given authority by the government in carrying out the service by dentists and oral therapists. The purpose of this paper is to analyse the legal protection of patients in dental and oral therapy, as well as the legal authority and responsibility of oral and dental therapists in providing care in accordance with their competence. This study utilizes normative law. Using a Legal and Conceptual Approach to Primary Legal Materials, Secondary Law Materials, and Tertiary Legislative Materials. The Consumer Protection Act does not fully implement the legal protection for consumer patients against dental and oral therapy practices. The authority of dental and oral therapists has been regulated in Permenkes 20 of 2016, but in practice, it is not implemented in accordance with the competence and provisions in force. The dental and oral therapist's responsibility to the patient is to give only painkillers, refer to the dentist, and provide compensation according to the rules in force.

The Urgency of Regulating Witness Rights Accompanied by Legal Counsel in Pre-Adjudication Examination as a Form of Human Rights Fulfillment Dwipayana Putra, Kadek Angga; Purwani, Sagung Putri M.E.
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1612

The existing issue in the legal system is the lack of assurance and fairness in ensuring a witness's right to have legal representation during the pre-trial phase. The goal of this research is to evaluate the urgency of regulating the rights of witnesses accompanied by legal advisors during pre-trial examinations as a form of fulfilling human rights, as well as efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-adjudication stage as a form of fulfilling human rights. The benefits of writing provide a basic understanding regarding the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage as a form of fulfilling human rights. The emptiness of norms underlies this research with a type of normative legal research as well as a statutory and conceptual approach. The research results show that the urgency of regulating the rights of witnesses accompanied by legal advisors at the pre-trial stage is based on the principle of equality before the law which is fundamentally regulated in the constitution. In connection with efforts to fulfill the rights of witnesses accompanied by legal advisors at the pre-trial stage, extensive legal interpretation can be carried out by expanding the meaning of the definition of witness, so that the rights of witnesses described in the law can become a reference, in addition there is a role for law enforcers to assist in fulfilling the rights of witnesses.

Analisis Yuridis Pasal 112 dan Pasal 127 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika: Upaya Reformulasi untuk Menjamin Kepastian Hukum Hariyawan, Agus Sukma; Purwani, Sagung Putri M.E.
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2275

This study aims to analyze the legal relationship between Article 112 and Article 127 of Law Number 35 of 2009 on Narcotics, focusing on formulating legal provisions that ensure legal certainty. The research adopts a normative legal method, employing approaches based on statutory regulations, conceptual analysis, and case studies. The findings reveal an overlap between the provisions of Article 112, which stipulates sanctions for drug distributors, and Article 127, which provides lighter sanctions, including rehabilitation, for drug abusers. The ambiguity in Article 112, particularly regarding narcotics usage, has led to prolonged debates and inconsistent application. This overlap has resulted in subjective interpretations by law enforcement officials, emphasizing the need for reformulated provisions grounded in the principles of lex certa and lex scripta. The study concludes that Article 112 should specifically address narcotics distributors, while Article 127 should focus on drug abusers, clarifying that the sanctions for abusers should prioritize rehabilitation measures. Such reformulation is essential to address legal uncertainty, reduce interpretative conflicts, and ensure proportional justice for narcotics offenders based on their roles and levels of culpability. These recommendations aim to foster a more consistent legal framework, enhancing the effectiveness of narcotics law enforcement while safeguarding the rights of justice seekers.

Legal Protection for Patients in Telemedic Services in Indonesia Rohmatul Hajiriah Nurhayati; I Wayan Parsa; Sagung Putri M.E Purwani
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1592

The development of information and communication technology had a significant impact on various sectors, including the health sector. One of the main innovations is telemedicine, namely a long-distance health service that utilizes technology for medical consultations between patients and medical personnel. This service is increasingly important, especially in Indonesia, which has a large and diverse geographical area. The COVID-19 pandemic has also accelerated the adoption of telemedicine. However, various legal challenges arise related to protecting patient rights, such as data privacy, obligations of medical personnel, and regulatory oversight. This research aims to analyze legal protection for patients in telemedicine services in Indonesia, with a focus on the importance of clear and comprehensive regulations. The method used is normative legal research, which analyzes legal regulations, laws and guidelines governing telemedicine services, as well as relevant legal principles. The research results show that the legal aspect of patient protection includes important aspects such as confidentiality of medical data, quality of service, informed consent, professional responsibility of medical personnel, and the right to access medical records. Doctors who carry out telemedicine must be registered and have a valid practice license, as well as maintain confidentiality and provide services according to standards. Although telemedicine provides many benefits, strict oversight and regulatory compliance are essential to ensure patient safety and protection.

Analysis of Judicial Decisions Imposing Sentences Below The Minimum Penalty Threshold in Article 112 Paragraph (1) of The Narcotics Law Radha Rani, Ni Made Dwi; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 05 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i05.1926

This research analyzes the Decision of the Denpasar District Court Number 249/Pid.sus/2024/PN Dps, wherein the court imposed a sentence below the special minimum threshold as stipulated in Article 112 paragraph (1) of the Narcotics Law. Employing a normative juridical research methodology with a statutory approach, this study examines the legal considerations utilized by judges in rendering decisions below the minimum threshold and identifies the implications of such decisions on law enforcement and narcotics policy in Indonesia. The findings demonstrate that the judicial panel based its decision on Supreme Court Circular Letter (SEMA) Number 3 of 2015, considering that the defendant was proven to be a user and possessed a relatively small quantity of narcotics. This phenomenon of sentencing below the minimum threshold generates legal complexities in the form of legal uncertainty due to its contravention of the legality principle, the diminishment of deterrent effects, and the creation of inconsistency in judicial decisions that potentially undermines public confidence in the judiciary. This research recommends harmonization of legislation pertaining to narcotics offenses, development of more proportionate sentencing policies with a public health approach, and the necessity for a monitoring system regarding judicial decisions that deviate from special minimum provisions.

Analysis of Judicial Decisions Imposing Sentences Below The Minimum Penalty Threshold in Article 112 Paragraph (1) of The Narcotics Law Radha Rani, Ni Made Dwi; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 05 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i05.1926

This research analyzes the Decision of the Denpasar District Court Number 249/Pid.sus/2024/PN Dps, wherein the court imposed a sentence below the special minimum threshold as stipulated in Article 112 paragraph (1) of the Narcotics Law. Employing a normative juridical research methodology with a statutory approach, this study examines the legal considerations utilized by judges in rendering decisions below the minimum threshold and identifies the implications of such decisions on law enforcement and narcotics policy in Indonesia. The findings demonstrate that the judicial panel based its decision on Supreme Court Circular Letter (SEMA) Number 3 of 2015, considering that the defendant was proven to be a user and possessed a relatively small quantity of narcotics. This phenomenon of sentencing below the minimum threshold generates legal complexities in the form of legal uncertainty due to its contravention of the legality principle, the diminishment of deterrent effects, and the creation of inconsistency in judicial decisions that potentially undermines public confidence in the judiciary. This research recommends harmonization of legislation pertaining to narcotics offenses, development of more proportionate sentencing policies with a public health approach, and the necessity for a monitoring system regarding judicial decisions that deviate from special minimum provisions.

Corporate Criminal Liability for Criminal Acts of Corruption: A Comparison of State Criminal Law Systems and Civil Law Systems Seri Karna, Kadek Yoga Maheswara; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2188

This study examines corporate criminal liability in corruption cases within the civil law system, comparing the legal frameworks of Indonesia and France. The civil law system, adopted by both countries, relies on codified laws rather than judicial precedents. In Indonesia, corporate liability for corruption is regulated under Law No. 31 of 1999, as amended by Law No. 20 of 2001, while in France, it is governed by the French Penal Code (Code Pénal Français). Findings show that neither country provides a single explicit provision detailing which corruption offenses corporations can commit, requiring semiotic and systematic interpretations to determine applicable liability. In France, corporations may be held liable for active and passive bribery, influence peddling, unlawful benefit-taking, and favoritism in procurement, as stipulated in Articles 433-1, 435-1, 432-11, 432-12, and 432-14 of the Code Pénal Français. Similarly, Indonesia allows corporate liability for bribery, misuse of authority, unlawful enrichment, obstruction of justice, and related offenses, though certain crimes involving personal duties such as abuse of office remain limited to natural persons. Despite regulatory differences, both systems emphasize that only offenses feasibly committed by corporations may incur liability, highlighting the need for clearer procedural guidelines and legal harmonization.

Corporate Criminal Liability for Criminal Acts of Corruption: A Comparison of State Criminal Law Systems and Civil Law Systems Seri Karna, Kadek Yoga Maheswara; M.E. Purwani, Sagung Putri
West Science Interdisciplinary Studies Vol. 3 No. 08 (2025): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v3i08.2188

This study examines corporate criminal liability in corruption cases within the civil law system, comparing the legal frameworks of Indonesia and France. The civil law system, adopted by both countries, relies on codified laws rather than judicial precedents. In Indonesia, corporate liability for corruption is regulated under Law No. 31 of 1999, as amended by Law No. 20 of 2001, while in France, it is governed by the French Penal Code (Code Pénal Français). Findings show that neither country provides a single explicit provision detailing which corruption offenses corporations can commit, requiring semiotic and systematic interpretations to determine applicable liability. In France, corporations may be held liable for active and passive bribery, influence peddling, unlawful benefit-taking, and favoritism in procurement, as stipulated in Articles 433-1, 435-1, 432-11, 432-12, and 432-14 of the Code Pénal Français. Similarly, Indonesia allows corporate liability for bribery, misuse of authority, unlawful enrichment, obstruction of justice, and related offenses, though certain crimes involving personal duties such as abuse of office remain limited to natural persons. Despite regulatory differences, both systems emphasize that only offenses feasibly committed by corporations may incur liability, highlighting the need for clearer procedural guidelines and legal harmonization.

Legal Legism in the Era of the National Criminal Code: The Prosecutor's Office as a Fair Law Enforcer Resta, Ngurah Wahyu; Swardhana, Gde Made; Kasih, Desak Putu Dewi; Purwani, Sagung Putri M.E.
International Journal of Social Service and Research Vol. 5 No. 10 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i10.1339

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) affects the duties and functions of the Prosecutor's Office as a law enforcer, which has tended to be formalistic and procedural, thus encouraging this institution to place more emphasis on fulfilling the principles of justice, the effectiveness of law enforcement, and the protection of victims' rights, while strengthening its strategic role in the prevention and prosecution of criminal acts in accordance with the new norms in the Criminal Code. However, the recognition of the National Criminal Code regarding the existence of living law in society other than written law creates tension between legal certainty and substantive justice (social justice). Prosecutors face a dilemma when an act that is recognized as criminal under customary law is not written in the law, thus creating legal uncertainty in the practice of prosecution. The result of this study is the principle of formal legality Article 1 paragraph (1) of the National Criminal Code which is linear with the view of the school of legalism emphasizes that every act can only be punished based on written law, ensuring legal certainty and protection of human rights. The enactment of Article 2 of the National Criminal Code, the principle of legality has expanded its meaning, which in its regulation recognizes the laws that live in society (living law) and social values, customary norms, and substantive justice in the sense of the principle of material legality. The real implementation can be seen in the innovation of the Bali High Prosecutor's Office through Bale Kertha Adhyaksa Jaga Desa and Umah Restorative Justice, which integrates positive law and customary law of Tri Hita Karana. The Prosecutor's Office now plays an adaptive, humanist, and fair role, guarding social harmony as well as legal certainty.

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