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POSBAKUM'S ROLE IN PROVIDING LEGAL ASSISTANCE TO UNDERCOMFORTABLE COMMUNITIESIN STATE STATE COURT Dewa Sujira; Muhammad Arif Sahlepi; Sumarno
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.62

Abstract

Posbakum defends people who are less fortunate, whether because of limited information facilities or because some people still view law as a field of knowledge that is full of ins and outs and complexities so that it is difficult to learn, even though in law it applies that a person's ignorance of the law cannot be used as an excuse to free that person from legal demands. . The research method used is empirical research, field research at the Posbakum at the Stabat District Court and interviews with people who are deemed capable of answering questions relating to the problem of the role of the Posbakum in providing legal assistance to underprivileged communities. That in order to realize the idea of ​​a rule of law, the State has an obligation to guarantee everyone's right to obtain justice. In other words, the State must guarantee the provision of legal aid for the underprivileged so that no one is denied access to justice as mandated by the constitution. In several cases handled by legal advice from the Posbakum of the Stabat District Court, the Posbakum of the Stabat District Court has had permanent legal force.
LEGAL PROTECTION FOR PATIENTS WHO EXPERIENCE LOSSES IN THE FIELD OF SERVICES MEDICAL DENTAL REVIEWED FROM THE LAW CIVIL Irma Novianti; Dahlan; Tamaulina Br. Sembiring; Sumarno; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.69

Abstract

Health services for patients by dentists are a right regulated by Law Number 36 of 2009 which has been changed to Law Number 17 of 2023 concerning Health. Patient rights are contained in Article 276 of Law Number 17 of 2023 concerning Health which aims to provide legal protection for patients, which is respected and implemented by health workers. This research aims to find out the regulations for dental health services in Indonesia, find out the legal relationship between dentists and patients in dental health services within the scope of civil law, and find out the legal protection for patients who experience losses in the dental field. services in civil law matters. The research method used in this research is normative juridical. The type of data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that legal regulations regarding dental health services in Indonesia have been regulated in Law Number 36 of 2009 article 58 which has been changed to Law Number 17 of 2023 concerning Health article 193 which regulates dentist services for patients, Ministerial Regulations Republic of Indonesia Health Number 1419/MENKES/PER/X/2005 concerning the Implementation of services provided in Doctor and Dentist Practices. and Minister of Health Regulation No. 20 of 2016 shows the authority to provide dental and oral health services. The legal relationship between dentists and patients in dental health services within the scope of civil law begins with a vertical paternalistic relationship pattern. The relationship between a patient and a doctor is considered an agreement known as a therapeutic transaction in accordance with Law Number 17 of 2023 concerning Health. Legal protection for patients who experience losses in the field of dental health services in terms of civil law is regulated in articles 1320, 1338, 1365, 1366, and 1367. The Civil Code provides protection for consumers in the sense of patients with the aim of protecting the interests of patients.
LEGALITY OF ELECTRONIC MEDICAL RECORDS (ELECTRONIC MEDICAL RECORDS) IN THE READINESS OF THE HOSPITAL MANAGEMENT INFORMATION SYSTEM BASED ON THE REGULATION OF THE MINISTER OF HEALTH NUMBER 24 OF 2022 CONCERNING MEDICAL RECORDS Indra Saputra; Sumarno; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.97

Abstract

The problems that arise are related to the legality of medical records, where many hospitals still do not have electronic medical records (EMR) and this is not in line with PERMENKES number 24 of 2022 concerning electronic medical records. This study aims to determine the importance of the Electronic Medical Record (EMR) system in use in the world of health, to find out how ready hospitals are to implement EMR (Based on Regulation of the Minister of Health No. 24 of 2022), to find out how the Legality of Electronic Medical Records (EMR) in the Readiness of the Hospital Management Information System Based on Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records. This study uses an empirical legal research type by looking at the problems of Electronic Medical Records in hospitals and using a statute approach (statutory regulations) by looking at the aspects of PERMENKES. The research results The legal basis used by RSUD for the implementation of EMR are: Law number 17 of 2023 concerning Medical Practice, Law number 44 of 2009 concerning Hospitals. Regulation of the Minister of Health of the Republic of Indonesia Number 1045 / MENKES / PER / XI / 2006 concerning Guidelines for Hospital Services within the Ministry of Health, Decree of the Minister of Health of the Republic of Indonesia Number 129 / MENKES / SK / II / 2008 concerning Minimum Hospital Service Standards. The legality of electronic medical records (EMR) in the readiness of the hospital management information system based on the Regulation of the Minister of Health No. 24 of 2022 concerning Medical Records is the right choice in today's era, and its existence is protected by law. The implementation of medical records at RSUD. dr. A. Tjokro Dipo Lampung Province is good based on the results of purposive sampling. Informants were taken based on certain criteria.
THE ROLE OF VISUM ET REPERTUM EVIDENCE IN EXAMINATION OF ACTION CASES ABORTION CRIMINAL (Study of Bantul District Court Decision Number 153/Pid.Sus/2022/PN.Btl) Kiki Maharani Fadhilah; Tamaulina Br. Sembiring; Sumarno
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.98

Abstract

This gives rise to the intention to end the pregnancy and this is called abortion. Visum et repertum plays an important role as evidence in the judicial process, especially in abortion cases. The role of Visum et Repertum in determining material truth is very important and important, especially in criminal cases, considering the increasing number of criminals who hide their crimes from the law. The research method uses the qualitative analysis method, which is a way of analyzing data sourced from legal materials based on concepts, theories, statutory regulations or the researcher's own views. The aim of this research is to determine the criminal liability of perpetrators of abortion crimes, the validity of the post mortem et repertum as evidence in the process of proving the crime of abortion and the role of the post mortem et repertum evidence in the examination of abortion crime cases in Bantul District Court Decision Number 153/Pid .Sus/2022/Pn.Btl. In this research, three main theories were chosen to provide a strong and relevant theoretical foundation according to each focus of the chapters discussed, namely grand theory, middle theory and applied theory. This theory is very important because evidence is a fundamental element in criminal law, which plays a role in determining the truth of a criminal incident and identifying the party responsible for the action. Visum et repertum plays an important role in providing objective and scientific evidence to strengthen or evaluate the reliability of other evidence in litigation. The results of this research are: 1) Based on the Indonesian Criminal Code, abortion is a criminal act, except in certain conditions regulated in Articles 299, 346, 347, 348, and 349 KUHP.BTL, the abortion violates applicable legal restrictions and the perpetrator is declared criminally accountable. Courts consider several factors, including the perpetrator's intent and the circumstances in which the abortion was performed outside of legal exceptions, to determine the appropriate punishment for the offense. 2) Visum et repertum plays an important role in determining the crime of abortion, especially in Decision Number 153/Pid. Sus/2022/PN..
Analisis Deviant Behavior Dalam Keluarga {Parenting} Terhadap Perkembangan Sosial Emosional Anak Usia Dini Di Desa Jati Sari Langkat. Rita Nofianti*; Sumarno Sumarno; Husna Farisah
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 8, No 4 (2023): Agustus, Social Religious, History of low, Social Econmic and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v8i4.26675

Abstract

Penelitian ini bertujuan untuk mengetahui penelitian ini mengeksplorasi Deviant Behavior atau perilaku menyimpang pada anak usia dini dan dampaknya terhadap perkembangan sosial dan emosional mereka. Dengan metode deskriptif kualitatif, penelitian ini mencermati bentuk-bentuk perilaku menyimpang seperti kekerasan fisik (mencubit, memukul), dan faktor-faktor yang mempengaruhinya seperti lingkungan sosial desa, latar belakang pendidikan, dan pekerjaan. Hasil penelitian menunjukkan dampak negatif perilaku menyimpang terhadap perkembangan sosial dan emosional anak, termanifestasi dalam ketidakpercayaan diri, sifat pemalu, kecenderungan untuk diam, dan perkembangan kognitif yang tidak optimal. Penelitian ini menekankan bahwa perilaku menyimpang adalah hasil dari diferensiasi hubungan dalam keluarga dan berdampak signifikan terhadap perkembangan anak usia dini. Hal ini menunjukkan pentingnya intervensi dini dan pendukung dalam mencegah dan menangani perilaku menyimpang ini.
Implementation Of Patient Rights And Obligations In Health Services In Hospital (Study At Pidie Jaya Regional Hospital) Sunita Melati Nasution; Sumarno; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 1 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i1.28

Abstract

Healthcare services include all attempts to preserve and enhance a person's health, stop and treat illnesses, and recover their condition. The purpose of this study is to investigate Pidie Jaya Regional Hospital's legal aspects of healthcare services. The study concentrates on the way patients' rights and obligations are carried out and points up the challenges to this process. One used a descriptive method in an empirical study approach. Using both primary and secondary data, data were gathered by observations, interviews, and literary reviews. The results show that Law Number 17 of 2023 on Health rules several areas of healthcare services, including legality, balance, timeliness, good faith, prudence, transparency, autonomy, non-maleficence, beneficence, justice, confidentiality, honesty, and adherence. Patients' rights and obligations are enforced at the Pidie Jaya Regional Hospital by means of processes intended to guarantee that service standards are satisfied and that patients' rights are most respectfully respected. Obstacles such as a lack of knowledge and awareness, problems with facilities and human resources, and administrative and regulatory barriers, however, prevent the full realization of patients' rights and obligations. Notwithstanding these difficulties, Pidie Jaya Regional Hospital has responded to patient complaints by making sure their rights are respected in line with the hospital's dedication and operation as a public health agent. This paper comes to the conclusion that improving service quality depends critically on knowledge and application of pertinent legal components in healthcare services as well as awareness-raising and resource management. It also provides ideas on how satisfying patient rights and enhancing administrative effectiveness in regional hospitals would help to improve healthcare facilities.
Implications and Legal Aspects of Online Gambling According to Law No. 11 of 2008 concerning Electronic Information and Transactions Batua Hamonangan; T. Riza Zarzani; Sumarno
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.116

Abstract

Online gambling has become a significant phenomenon in the current digital era, giving rise to various implications and legal aspects that need to be considered. Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) is one of the relevant legal foundations in regulating online gambling activities. The legal implications of online gambling according to the ITE Law include recognition of electronic evidence, law enforcement against violations that occur online, and protection of consumers involved in online gambling transactions. Legal aspects that need to be considered include determining legal sanctions for online gambling players, the obligation of organizers to comply with the provisions of the ITE Law, and efforts to prevent and overcome harmful online gambling practices. By understanding the implications and aspects of this law, it is hoped that a safer and more orderly digital environment can be created for people in their online activities.
Legal Protection for Hospitals Against Delay in Payment of Claims by BPJS Ismawan Adrianto; Sumarno
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Health is a human right and one element of prosperity that must be realized in accordance with the ideals of the Indonesian nation. As intended in the 1945 Constitution of the Republic of Indonesia (UUD 1945) contained in Article 28 H paragraph (1) and Article 34 paragraph (2) and to provide comprehensive social security, the state is developing a National Social Security System for all people Indonesia by establishing Law Number 40 of 2004 concerning the National Social Security System (UU SJSN). As a form of implementation of the SJSN Law, the government issued Law Number 24 of 2011 concerning the Social Security Administering Body (UU BPJS) to accelerate the implementation of the national social security system as a whole, including National Health Insurance (JKN) which will be administered by BPJS Health. This research adopts a normative juridical method, which focuses on analysis of statutory regulations, policy documents, and legal literature relevant to legal protection for hospitals against delays in payment of claims by BPJS. This research discusses Late Fines, Supply Chain Financing (SCF), Dispute Resolution, Termination of Claim Payment Agreements by BPJS. Hospitals have an obligation to provide services to BPJS participating patients and BPJS Health's obligation is to pay hospital claims according to the agreement. The delay in payment of claims by BPJS Health will of course affect the hospital's cash flow. One way to protect hospital interests is to provide legal protection against delays in claim payments by BPJS Health. The first legal protection provided is to use a complaint mechanism. Apart from that, more specific legal protection is also regulated, namely the existence of late fines for BPJS Health which refers to Presidential Regulation Number: 82 of 2018 and cooperation agreements, the SCF program to maintain hospital cash flow, dispute resolution carried out by deliberation and termination of the agreement if it is wrong. one party is proven to have defaulted as stipulated in the cooperation agreement.