Article Per Year (5 Year)
p-Index From 2020 - 2025
1.94
P-Index
This Author published in this journals
All Journal LAW REFORM LAW REVIEW Jurnal IUS (Kajian Hukum dan Keadilan) JURISDICTIE Jurnal Hukum dan Syariah JURNAL AKUNTANSI KEUANGAN DAN MANAJEMEN Global Legal Review Edunity: Kajian Ilmu Sosial dan Pendidikan SASI Journal of E-business and Management Science
Irawati, Jovita
Faculty Of Law Universitas Pelita Harapan
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

Published : 12 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 12 Documents
Search

 1   2 
INKONSISTENSI REGULASI DI BIDANG KESEHATAN DAN IMPLIKASI HUKUMNYA TERHADAP PENYELESAIAN PERKARA MEDIK DI INDONESIA Jovita Irawati
Law Review Volume XIX, No. 1 - July 2019
Publisher : Fakultas Hukum, Universitas Pelita Harapan | Lippo Karawaci, Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v19i1.1551

Abstract

AbstractAs an institution authorized to deal with legal complaints concerning improper health services, Indonesian Medical Disciplinary Honorary Assembly (MKDKI) has the task of determining whether there are malpractices made by doctors or dentists in the application of medical disciplines in terms of medical professional standards. This authority is stipulated in Article 66 (1) Law Number 29 of 2004 concerning Medical Practice. However, disharmony which occurs between such article and article 66 (3) as well as several health related law in Indonesia seems like negating MKDKI role in determining the element of negligence at the time of an alleged violation such as medical malpractice. Based on this condiion, the study was conducted to examine the impact of such legal disharmony in the practices and services of  Indonesian health sector. Keywords: Medical Law, Patient’s Right, Existence of MKDKI AbstrakSebagai lembaga yang memiliki kewenangan dalam menangani pengaduan atas pelayanan kesehatan, Majelis Kehormatan Disiplin Kedokteran Indonesia (MKDKI) memiliki tugas untuk menentukan ada tidaknya kesalahan yang dilakukan oleh dokter atau dokter gigi dalam penerapan disiplin ilmu kedokteran dan kedokteran gigi yang tidak sesuai dengan standar profesi medik. Kewenangan ini tercantum dalam ketentuan Pasal 66 Ayat (1) Undang-Undang Nomor 29 Tahun 2004 tentang Praktik Kedokteran. Akan tetapi, disharmoni antara ketentuan Pasal 66 Ayat (1) dengan Ayat (3) dan beberapa regulasi yang terkait dengan bidang kesehatan seakan menegaskan peranan MKDKI dalam menentukan unsur kelalaian pada saat suatu dugaan pelanggaran seperti malpraktik medik. Penelitian ini dilakukan untuk mengkaji tentang akibat hukum dari disharmoni peraturan perundang-undangan di bidang kesehatan itu serta dampaknya terhadap praktik kedokteran Indonesia. Melalui tulisan ini diharapkan dapat diperoleh kesimpulan dan saran-saran yang relevan yang dapat diterapkan untuk mewujukan pembangunan kesehatan yang berkualitas untuk masyarakat. Kata Kunci: Hukum Kesehatan, Hak Pasien, Eksistensi MKDKI
Strengthening the Law on the Construction of High-rise Building That is Beneficial to Support National Development Michael Sofian Tanuhendrata; Jovita Irawati; Henry Soelistyo Budi
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4111

Abstract

The number of high-rise buildings in the big cities of Indonesia is increasing along with land being more limited and its prices being very high. Most of these high-rise buildings are in Jakarta and some of them are facing the risk of building failure that may cause business and operation interruption.  These buildings that have been erected and operating need to receive regular maintenance and supervision to ensure the building's condition and safety. Many building owners and managers do not conduct and plan maintenance and supervision properly causing these buildings of being at risk of fire and building structure – mechanical failure / damage. For this reason, rigorous regulations, and its enforcement in building construction and maintenance are needed to ensure that these buildings operate reliably and encourage building owners and facility manager to comply with them properly. Cultivated Penalty and strict sanctions need to be renewed and must be implemented properly by Government bodies and local authority. Building Audit Institute can be formed to assist the central government and local governments (Governor) in carrying out their functions to ensure the safety and security of buildings, including their users. Strengthening existing laws and regulations will greatly assist in law enforcement and certainty for owners, building managers and building users, which in turn will support national development.
Prescription Drugs Price Setting and Generic Drugs Prescription concerning Consumer Protection Law in Indonesia Jenny Jatemin; Jovita Irawati
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4126

Abstract

Health is one of the most important human rights in human life. Access to affordable prescription drugs is still a problem for people with out-of-pocket expenses. Generic prescription drugs that are much cheaper than non-generic drugs are still low, especially in non-government healthcare facilities. This research aims to provide suggestions of regulation on price control of prescription drugs and generic prescription drugs that will assure certainty and affordability for the public. The methodology is doctrinal legal research and is supported by empirical studies. The research finding consist of two things, namely the price of prescription drugs and the prescription of generic drugs. The first finding is that Highest Retail Price (HET) set by the manufacturer is potentially to be unlimited because there is no limit control. Currently, there are many drugs sold over HET with minimal supervision from the Government. The absence of law is found as the existing regulations are only for those listed in the National Formulary, while the rest have not been regulated. Therefore, the suggestion is to set ceiling prices for prescription drugs with comparison among generic drugs, branded generic drugs, and the originator; also create a refund mechanism for prices above HET to assure the consumers’ rights to get compensation under the Consumer Protection Law. The second finding is that only a few doctors prescribe generic drugs. Additionally, patients have not been involved in the treatment decisions.Therefore, the suggestion is to associate "the action of prescribing generic drugs" with the extension of doctor's license, namelythe Registration Certificate (STR); so that doctors will prescribe generic drugs without the need for close supervision due to their interests. With the increase of generic drugs’ prescription, the financing of health services, nationwide as well asindividually, can become more affordable.
Judicial Review of Hospitals' Legal Responsibility of Patients' Rights After the Covid-19 Pandemic Irawati, Jovita
Law Review Volume XXIII, No. 1 - July 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i1.6892

Abstract

Normatively, the legal responsibilities of hospitals in fulfilling patient rights are stipulated in the Health Act, the Hospital Act, and the Medical Practice Act. During the Covid-19 pandemic, which was declared a health emergency, various statutory provisions were also enacted, such as Infectious Disease Outbreak Law, Health Quarantine Law, Presidential Decree Number 11 of 2020 concerning the Determination of the National Public Health Emergency of Corona Virus Disease 2019 (Covid-19) and Minister of Health Regulation Number 4 of 2018 concerning Hospital Obligations and Patient Obligations. In practice, the increasing number of Covid-19 cases in Indonesia has resulted in hospitals being unable to accommodate patients who need treatment, especially patients with severe and critical conditions who require ICU treatment rooms. This study aims to find out hospital’s legal responsibility after the Covid-19 pandemic, especially for the protection of patient’s medical record security under the scheme of telemedicine services. In terms of facilities and infrastructure, the government needs to provide support by increasing the number of emergency hospitals to accommodate patients. This study uses normative juridical research methods supported by empirical studies. The results show that despite limitations in providing excellent health services to patients, hospitals must still maintain the rights of patient’s medical record security and safety while undergoing hospitalization. Legal umbrella is neeeded to guarantee the rights of health workers and hospitals in providing services to patients during this pandemic, especially the protection of Occupational Health and labor social security norms.
Access to Justice: Protecting Spousal Health from Sexually Transmitted Diseases Transmission within Marriage Irawati, Jovita; Andiani, Angie; Anthony Wijaya
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i2.1440

Abstract

This study explores how Indonesia’s present regulatory framework navigates to protect spousal health from Sexually Transmitted Diseases (STDs) transmission within marriage. Employing a normative legal approach which combines statutory analysis and comparative methods. The analysis focuses on Indonesia’s regulatory framework. Findings reveal that the current regulations including the Constitution 1945, Health Law, Marriage Law, Elimination of Domestic Violence Law, Criminal Code, various Regional Regulations and Regulation of The Minister of Health. These regulations provide limited coverage of instances where individuals jeopardies the health of others, particularly spouses, through the transmission of STDs. Comparative analysis of Singapore, Cambodia, Brunei Darussalam, and the United Kingdom demonstrate a common emphasis on informed consent and risk mitigation, often achieved through criminalization of non-disclosure of HIV status. However, the study acknowledges the limitations of such punitive approaches in achieving sustainable public health outcomes. The conclusion proposes moving beyond the current framework. It suggests leveraging the Health Law’s framework for family health promotion and its association with disease control. This could involve establishing a regulatory system grounded in scientific research, prioritizing a consensual and holistic approach cantered on comprehensive education and prevention programs. This approach recognizes STDs as a social issue requiring collective action, contrasting with the tendency in some neighboring countries to view them solely as a medical concern. By addressing these legal gaps and fostering responsible sexual health practices within marriage, Indonesia can contribute to a healthier and more secure marital environment for its citizens.
Integrating IPR Integrity and Freedom of Expression: A Normative Analysis Budi, V. Henry Soelistyo; Girodon-Hutagalung, Matahari; Irawati, Jovita
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.62089

Abstract

Algorithm as a digital innovation plays a crucial role in facilitating communication and public discourse. Its utilization is a significant issue that must be carefully analyzed to ensure it doesn’t impede key human rights, specifically the right to freedom of expression. The widespread use of digital platforms has created an urgency to examine this issue. The purpose of this study is to analyze the interaction between algorithms as digital innovations, their protection through the relevant IPR regimes, and their implications on freedom of expression. Through normative legal research methods and a statutory approach, this research finds that among various intellectual property regimes, the patent system offers the best potential for balancing the protection of algorithmic innovations with transparency. However, the analysis also reveals that current patent regulations still lack certain provisions to adequately safeguard freedom of expression in relation to patented algorithms. This research offers a proposed model of development that can be utilized to improve Indonesia’s protection of the right to freedom of expression through the patent regime, while also protecting algorithms as a key digital innovation.
Comparison of Agreement Law in Indonesia and Malaysia: Phenomenon of Standard Agreement Practices Manurung, Shenti Agustini; Irawati, Jovita; Sudirman, Lu; Agustianto, Agustianto; Farahdina, Farahdina
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2683

Abstract

Introduction: Indonesia and Malaysia are countries with fairly good economic levels in the ASEAN. Economic growth in the business world also has an influence on contract law because the phenomenon that occurs is the use of standard agreement models in the business world to make business processes more effective and efficient.Purposes of the Research: The aim of this research is to analyze the differences in contract law in Indonesia and Malaysia, also describe the phenomenon of standard agreement practices that occur in Indonesia and Malaysia, and analyze the validity of standard agreements that apply in Indonesia and Malaysia.Methods of the Research: The research method used is normative juridical. The type of study used is through literature study. The type of data used is secondary data consisting of primary legal materials, namely the Civil Code, the Malaysian Contracts Act 1950, the 1957 Sale of Goods Deed.Results Main Findings of the Research: The research results show that Indonesia and Malaysia are countries that have implemented standard agreement. These two countries also have a legal basis that allows standard agreements to come into force on the condition that there must be clauses that emphasize the rights and obligations of the parties to achieve justice.
Implementation of the Deferred Prosecution Agreement (DPA) Concept in Handling Corporate Crime in the Laws of Indonesia and Other Countries Ibrahim, Metty Murni Wati; Irawati, Jovita; Ginting, Jamin; Purba, Nelson Pardamean
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 5 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i6.252

Abstract

This research uses a normative empirical research method that combines a normative analysis approach with empirical methods to explore certain legal issues that discuss the concept of a Deferred Prosecution Agreement (DPA) as an alternative dispute resolution in corporate crime cases in Indonesia, taking into account the experiences of the United States and the United Kingdom. The main focus is to identify the advantages and disadvantages of DPA implementation in Indonesia, including maintaining corporate reputation, minimizing the risk of bankruptcy, and resolving cases efficiently. The weaknesses of DPA in Indonesia include its vulnerability to abuse of authority and the absence of specific regulations governing its use.
Hospital Management Support to Enhance Nursing Excellence: A Health Law Perspective Irawati, Jovita
Journal of E-business and Management Science Vol. 2 No. 2 (2024): Desember 2024
Publisher : PT. BERBAGI TEKNOLOGI SEMESTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61098/jems.v2i2.234

Abstract

The management team's role in the hospital environment significantly impacts nurses' behavior in providing excellent patient care. Therefore, this study aimed to examine the effect of the management team on nurses' job enjoyment, medical affairs, and excellent care in Jakarta hospitals. In addition, it investigated the impacts of nurses' job enjoyment and medical affairs on excellent patient care. This study used a quantitative approach and survey method involving 200 hospital nurses in Jakarta. Questionnaire data were analyzed using variance-based structural equation modeling. Consequently, all the hypotheses were accepted. The management team affects nurses' job enjoyment, medical affairs, and excellent care in Jakarta hospitals. Additionally, nurses' job enjoyment and medical affairs contribute to excellent care. These findings confirm the importance of policies encouraging hospital management involvement in creating a better work environment to improve patient care.
Judicial Review of Hospitals' Legal Responsibility of Patients' Rights After the Covid-19 Pandemic Irawati, Jovita
Law Review Volume XXIII, No. 1 - July 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i1.6892

Abstract

Normatively, the legal responsibilities of hospitals in fulfilling patient rights are stipulated in the Health Act, the Hospital Act, and the Medical Practice Act. During the Covid-19 pandemic, which was declared a health emergency, various statutory provisions were also enacted, such as Infectious Disease Outbreak Law, Health Quarantine Law, Presidential Decree Number 11 of 2020 concerning the Determination of the National Public Health Emergency of Corona Virus Disease 2019 (Covid-19) and Minister of Health Regulation Number 4 of 2018 concerning Hospital Obligations and Patient Obligations. In practice, the increasing number of Covid-19 cases in Indonesia has resulted in hospitals being unable to accommodate patients who need treatment, especially patients with severe and critical conditions who require ICU treatment rooms. This study aims to find out hospital’s legal responsibility after the Covid-19 pandemic, especially for the protection of patient’s medical record security under the scheme of telemedicine services. In terms of facilities and infrastructure, the government needs to provide support by increasing the number of emergency hospitals to accommodate patients. This study uses normative juridical research methods supported by empirical studies. The results show that despite limitations in providing excellent health services to patients, hospitals must still maintain the rights of patient’s medical record security and safety while undergoing hospitalization. Legal umbrella is neeeded to guarantee the rights of health workers and hospitals in providing services to patients during this pandemic, especially the protection of Occupational Health and labor social security norms.
Co-Authors Agustianto Agustianto, Agustianto Agustini, Shenti Andiani, Angie Anthony Wijaya Farahdina, Farahdina Girodon-Hutagalung, Matahari Henry Soelistyo Budi, Henry Soelistyo Ibrahim, Metty Murni Wati Jamin Ginting Jenny Jatemin Lu Sudirman Michael Sofian Tanuhendrata Ningrum, Martha Sasmita Purba, Nelson Pardamean Siahaan, Steven Theonald P.