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Journal : Jurnal Akta

The Malpractice Administration Procedure in the Vortex of Crime: An Indonesian Perspective and Its Comparison with Other Countries Yeni Nuraeni; Alfies Sihombing Sihombing
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.34556

Abstract

Medical malpractice has become a complex issue that extends to criminal law, having serious implications for health practitioners and patients. The legal argument in determining the elements of negligence and medical malpractice is based on the difference in interpretation between ordinary criminal offenses regulated in the KUHP and medical criminal offenses. Th e aim of this study is to explain the theory and legal analysis related to the handling of medical malpractice cases in Indonesia and its comparison with other countries. This research uses normative juridic methods. The outcome of this study is the need for reforms in handling alleged medical malpractice cases in Indonesia by considering the paradigms and concepts of other countries to protect patient rights and improve the quality of health services in reducing the risk of malpractice in Indonesia.
Consumer Protection in Dental Health Services: An Analysis of Dentists' Practices in Indonesia Nuraeni, Yeni; Sihombing, Lasmin Alfies
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44725

Abstract

This study aims to explore the legal protection for consumers who use the services of dentists for braces in Indonesia. People need good dental health services, but many turns to dentists who offer more affordable prices without understanding the risks involved. Dentists are legally only allowed to make and install removable dentures, while medical procedures such as braces and veneers are outside their authority. This results in many consumers experiencing serious health problems, such as swollen gums and infections, but most patients do not file complaints or lawsuits due to a lack of understanding of their rights. This study includes a normative review of applicable legal regulations, including Law Number 8 of 1999 concerning Consumer Protection, which regulates the rights and obligations of consumers and business actors. The results show that dentists have a responsibility to provide services that meet standards, as well as an obligation to provide compensation if losses occur due to negligence. The public's readiness to file criminal charges against dentists who violate the law is also identified as a problem. Therefore, educational efforts are needed for the public to understand the risks of using the services of untrained dentists and the importance of choosing services from certified professionals. This research is expected to provide insight into legal protection for consumers and increase awareness of safe dental health practices.
The Development of Punishment in Indonesian Criminal Law Darmawan, Iwan; Nugraha, Roby Satya; Sihombing, Alfies L.
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41309

Abstract

With the birth of Law Number 1 of 2023 concerning the Criminal Code, it gives great hope for the development of punishment and punishment in Indonesian Criminal Law, which in turn gives hope for the fulfillment of a sense of public justice and the establishment of criminal law that guarantees legal protection from the threat of criminal offenders who can endanger the survival of the nation and state. Efforts to fundamentally reform the Indonesian criminal law have been carried out by reforming Law Number 1 of 2023 concerning the Criminal Code. The purpose of this study is to explain in detail that the development of punishment and punishment in Indonesian criminal law has undergone a fairly long development covering the Dutch colonial period, the independence period and post-independence. In the period before independence, the development of Indonesian Criminal Law was only limited to the colonial period or the Dutch colonization period. This research uses normative juridical research method. The conclusion that can be stated is that in the period before the Dutch colonization, the development of Indonesian Criminal Law was included in the scope of the Ancient Nusantara Criminal Law contained in the Ancient Nusantara Law Books originating from the period of kingdoms in the archipelago. This research finally recommends that in addition to the ancient Indonesian criminal law originating from the period of kingdoms in the archipelago, there is also customary criminal law spread throughout Indonesia.
Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia Sihombing, Alfies; Nuraeni, Yeni
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50255

Abstract

Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.