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All Journal Sriwijaya Law Review International Journal of Humanities Education and Social Sciences Formosa Journal of Social Sciences (FJSS) Hukum Pidana dan Pembangunan Hukum International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) International Journal of Economic, Technology and Social Sciences (Injects) International Journal of Law and Society International Journal of Law, Crime and Justice International Journal of Sociology and Law Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice International Journal of Society and Law Proceeding of the International Conference on Law and Human Rights Prosiding Seminar Nasional Ilmu Hukum
Muhammad Arif Sahlepi
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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THE ROLE OF THE COURTS IN PROVIDING LEGAL AID SERVICES TO THE POOR BASED ON LAW NUMBER 16 OF 2011 ABOUT LEGAL AID Dewa Sujira; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.337

Abstract

The implementation of the Legal Aid Post (Posbakum) by the District Court includes 3 (three) scopes of legal services in accordance with the provisions contained in Perma No. 1 of 2014. These 3 things are the service of waiving case fees, and holding trials outside the court building as well as Providing Court Posbakum. In relation to the implementation of Posbakum, the District Court only provides Posbakum room facilities for three accredited Legal Aid Providers or advocate organizations. Meanwhile, regarding legal aid funds for handling each case, it will be submitted by the Court through the Regional Office of the Ministry of Law and Human Rights. However, this does not mean that the function of this facilitator can be simply ignored, considering that the Posbakum is housed in the Court, it is worth noting that there is a special mandate from the State Administrators to the Court to be able to make legal services successful free of charge for the poor, of course. In this way, it can also be hoped that the presence of Posbakun in the Court environment will be able to erode the negative and frightening stigma about the Court for the general public.
ANALYSIS OF MALPRACTICE CRIMINAL ACTS COMMITTED BY NURSES FROM A HEALTH LAW PERSPECTIVE Sry Ningsih Saragih; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.414

Abstract

Malpractice is a significant issue in the health sector, where errors or negligence committed by medical personnel can cause serious harm to patients. In the context of Indonesian law, malpractice not only harms patients physically, but also has major legal implications. This analysis aims to examine the legal aspects and accountability related to criminal acts of malpractice in health law in Indonesia. Through this study, various laws and regulations governing medical practice, Law Number 17 of 2023 concerning Health, and the Criminal Code (KUHP), as well as administrative regulations governing the ethics and discipline of health workers are described. Malpractice liability can be categorized into three main forms: criminal, civil, and administrative. Criminally, medical personnel can be prosecuted if proven to have committed negligence that causes death or serious injury, in accordance with the articles in the Criminal Code. In the civil realm, patients who are harmed have the right to claim compensation through a lawsuit for unlawful acts (PMH). Meanwhile, administrative sanctions can be imposed by the relevant agencies if violations of professional standards and codes of ethics are found. This study concludes that legal regulations in Indonesia provide a clear framework for handling medical malpractice cases, although there is still a need to strengthen the legal protection mechanism for patients and more consistent law enforcement. Legal liability in malpractice cases includes preventive and repressive aspects, with the aim of providing justice for the injured party and maintaining the integrity of the medical profession.
AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Abstract

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.
Co-Authors Abdul Rahman Maulana Siregar Christine Natalia Pangaribuan Daniel Edward Hernando Situmorang Deny Prabowo Dewa Sujira Emmeninta Florensia Surbakti Ferry Irmawan Firman Halawa Habeahan, Delianto Henry Aspan Hepy Krisman Laia Ismaidar I, Ismaidar Jesslyn Elisandra Harefa Karolus Agung Dery Rianto MHD AZHALI Siregar Muhammad Daud Tarigan Mus Mulyadi Pahala Raja Situmorang Purba, Nelvitia Rahmayanti Rahmayanti Rahmayanti Rahmayanti Rahmayanti Ramadani, Suci Redyanto Sidi Ris Piere Handoko Romy Maranatha Ginting Saptha Nugraha Isa Sihombing, Yossri Mantaw sinergilp, Zufarnesia Sri Sulistyawati SRI UTAMI Sry Ningsih Saragih Sumarno T. Ikhsan Ansyari Husny Tonnes Gultom Venny Zahara Wildan Fahriza Yasmirah Mandasari Saragih