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All Journal Unes Law Review RETORIKA: Journal of Law, Social, and Humanities
Anggi Purnama Tradesa
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PERLINDUNGAN HUKUM TERHADAP DEBITUR DALAM PENARIKAN SITA JAMINAN FIDUSIA TANPA MELALUI LELANG PENGADILAN Anggi Purnama Tradesa; Zainal Asikin; Eduardus Bayo Sili
UNES Law Review Vol 4 No 2 (2021): UNES LAW REVIEW (Desember 2021)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i2.230

Abstract

Debtors as legal subjects are entitled to legal protection, both preventive and repressive, written or unwritten. The legal protection provided is an implementation of the principle of recognition and dignity that is rooted in Pancasila and the Constitution. This study aims to analyze the protection and legal remedies of the debtor in withdrawing the confiscation of fiduciary guarantees without going through a court auction. This research is a normative legal research. The results of this study include: The debtor's legal effort in withdrawing a fiduciary guarantee without going through a court auction is to ask the creditor to show a Fiduciary Guarantee Certificate issued by the Fiduciary Registration Office. If the creditor cannot show a fiduciary guarantee certificate, then the debtor does not need to submit the collateral, because the creditor does not have the right to execute the collateral.
Status Hukum Karya Intelektual yang Dihasilkan oleh Kecerdasan Buatan dalam Rezim Hukum Paten Indonesia Anggi Purnama Tradesa; Lalu Mariawan Alfarizi
RETORIKA: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v3i2.1550

Abstract

This study aims to analyze the legal status of intellectual works produced by artificial intelligence in the Indonesian patent law regime through a normative legal approach, as well as determining the legitimate patent holder for inventions produced by artificial intelligence when human contribution to the invention process is minimal or indirect. This study uses a normative legal method, which views law as written norms in legislation and legally binding behavioral guidelines. The research approach includes a legislative approach and a conceptual approach. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematics to facilitate analysis. The analysis is carried out by applying grammatical, systematic, and teleological legal interpretations, and using legal theory and principles as analytical tools to assess the form and mechanism of legal protection. The research results indicate that the analysis and discussion outlined above can lead to the conclusion that Indonesia's patent law regime, which still requires inventors to be human legal subjects, is not fully capable of guaranteeing legal certainty for inventions produced by artificial intelligence. The concept of inventor in Law Number 13 of 2016 concerning Patents still relies on an anthropocentric paradigm, which links inventions directly to human cognitive abilities and legal responsibilities.
Tanggung Jawab Hukum Tenaga Kesehatan Dalam Kasus Malpraktek Medik di Rumah Sakit Irpan Suriadiata; Anggi Purnama Tradesa; Angga Dinata
RETORIKA: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i1.1558

Abstract

This study aims to analyze the legal responsibility of health workers in cases of medical malpractice in hospitals according to Indonesian laws and regulations. It also examines the construction of legal responsibility of health workers in cases of medical malpractice from the perspective of civil, criminal, and administrative law. It also examines the legal responsibility of hospitals for medical malpractice committed by health workers within the framework of employment relationships and the provision of health services. This study uses a normative legal method, which views law as written norms in laws and regulations and legally binding behavioral guidelines. The research approach includes a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematics to facilitate analysis. The analysis is conducted by applying grammatical, systematic, and teleological legal interpretations, and using legal theory and principles as analytical tools to assess the forms and mechanisms of legal protection. The research findings indicate that the legal system needs to reconstruct its accountability framework by clarifying the boundaries between medical risk and malpractice, and assigning civil, criminal, and administrative responsibilities proportionally. Hospitals should strengthen their institutional accountability through the application of the principles of vicarious liability and corporate liability, ensuring effective oversight, procedures, and risk management. Preventive approaches, health law education for medical personnel, and non-litigation dispute resolution mechanisms can improve patient safety
Co-Authors Angga Dinata Eduardus Bayo Sili Irpan Suriadiata Lalu Mariawan Alfarizi Zainal Asikin