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The Legal Power of Informed Consent as A Valid Evidence in Cases of Alleged Malpractice in Terms of Civil Law Siti Sundari; Saritua Silitonga; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Patients have rights that must be fulfilled when informed consent. Patient information rights are often ignored. There are at least two kinds of information, namely: first, the risks and complications that may occur, and the prognosis for the actions taken. Providing clear information at the time of informed consent will provide a sense of security and for the patient will understand the actions during the rehabilitation period. A medical action is an action that is full of risks. In legal norms any medical action that results in harm to a patient can be called medical malpractice if it fulfills certain elements in both civil and criminal law. Based on the above background, the problem is how the function of informed consent in evidence in court is related to efforts to find the truth and how is the strength of proving informed consent for judges against alleged malpractice in terms of civil law. For this purpose, research was carried out using a normative juridical approach, the research specifications used were descriptive analytical, the data used in this study were secondary data, namely data obtained through library research. The data technique used is literature. The analysis used is normative qualitative. Based on the results of the analysis of the patient's rights as Article 45 paragraph 1 of Law Number 29 of 2004 concerning Medical Practice says that the operation must obtain the patient's consent, If the patient's condition is an emergency, then the approval of the family. If it is not possible, the operation can be carried out by the hospital authority, Article 56 paragraph (1) of Law Number 36 of 2009 concerning Health states that everyone has the right to accept or reject part or all of the relief measures that will be given to him after receiving and understanding information regarding the action is complete. And based on Article 45 paragraph (3) of Law no. 29 of 2004 concerning Medical Practice explains that risks, complications and prognosis must only be given before surgery. So that normatively informed consent has a legal position as evidence of letters and instructions in cases of malpractice. However, this evidence must be supported by other evidence, such as expert testimony, but if it is related to the teaching of the law, the evidence must still be adjusted to the requirements of the evidence, namely: 1) Allowed by law, 2) Reability, 3) Necessity, and 4) Relevance. Thus, the value of the power of proving informed consent is not fully binding on the judge but depends on the conviction and accuracy of the judge.

Implementation of the Independent Law of Independent Campus Learning According to the Regulation of the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards Saritua Silitonga; Siti Sundari; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Independent Learning The independent campus is a policy of the Minister of Education and Culture which aims to encourage students to master various sciences to enter the world of work. The Independent Learning Campus Policy implemented by the Minister of Education and Culture of the Republic of Indonesia is an innovative step that should be appreciated in an effort to improve quality human resources.The Minister of Education and Culture issued a policy for public and private universities to run the Independent Learning Campus by granting the right to study for 3 semesters outside the study program. This research will raise the problem, namely: how to apply the law of Merdeka Learning Merdeka Campus according to the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards. The research method used in this research is the normative legal method, which is a legal research obtained from a literature study by analyzing a legal regulation that is applied by an institution. The results of this study are: the Independent Learning Policy of the Independent Campus, providing opportunities for students to broaden their knowledge horizons,

LEGAL OBLIGATION OF OUTSOURCING BUSINESS ACTIVITIES BASED ON CREATION OF EMPLOYMENT LAW Saritua Silitonga; Muhammad Hasbi; Muhammad Dhobit Azhary Lubis; Avib Setian
INFOKUM Vol. 10 No. 5 (2022): December, Computer and Communication
Publisher : Sean Institute

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In essence, every person or human (zoon politicon) always tries as much as possible to establish cooperative relationships in the field of law with other people. Before outsourcing was legalized in Indonesia,employment relationship problems are established based on the legal norms contained in the Civil Code or the Civil Code (Burgerlijk Wetboek) abbreviated as BW.The legal norms referred to are adapted to the noble values contained in the five precepts of the Pancasila, and constitutionally they should not conflict with the 1945 Constitution. The problem raised in this thesis is the legal obligation of outsourcing business actors based on the omnibus law and what are the obstacles in its implementation. the role of outsourcing business actors, especially PT. Global Permai Eternal. legal protection from employment agencies in the city of Medan. The law that regulates the employment agreement for a certain time, which basically still has shortcomings, so it is often said to be inconsistent, because the law that is applied is too broad and not specific.

ENHANCEMENT OF ADDITIONAL CRIMINAL EFFECTIVENESS REVIEWS IN CORRUPTION CASES Saritua Silitonga; Sarah Furqoni; Muhammad Dhobit Azhary Lubis; Surya Hamdani
Jurnal Scientia Vol. 12 No. 03 (2023): Education, Sosial science and Planning technique, 2023 (June-August)
Publisher : Sean Institute

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It seems like you've provided a description of a specific corruption case and the challenges associated with prosecuting and recovering state losses in such cases. This paper discussed difficulties law enforcement faces when dealing with corruption cases and executing judgments related to the return of embezzled state funds. The case of I Putu Sudiartana, who was found guilty of corruption by a District Court Judge, exemplifies these challenges. The research methodology used in the case appears to be normative jurisdiction, which involves analyzing legal principles and regulations. The study draws on both primary data sources, obtained from informants and parties related to the issue, and secondary data sources, such as relevant documents and literature. The primary challenge highlighted is the difficulty in recovering state funds from corrupt individuals. Perpetrators of corruption often hide their ill-gotten gains in financial systems and legitimate business activities, making it challenging for law enforcement, including the Attorney General's office, to trace and seize these assets. The phrase "payment of replacement money" likely refers to the process of recovering the embezzled funds by requiring the convicted individual to pay back the equivalent amount of money they obtained through corruption. This process encounters obstacles due to the complex financial maneuvers used by corrupt individuals to hide their assets. Overall, the passage discusses the complexities and challenges faced by law enforcement and prosecutors in handling corruption cases, particularly when it comes to recovering state losses and executing judgments for the return of embezzled funds. It highlights the need for more effective strategies and measures to tackle corruption and enhance asset recovery efforts.

NEW SYSTEM IN CRIMINAL PROCEEDINGS AGAINST VILLAGE HEADS FOR CORRUPTION OF VILLAGE FUNDS Surya Hamdani; Saritua Silitonga; Sarah Furqoni; Muhammad Dhobit Azhary Lubis
Jurnal Scientia Vol. 12 No. 04 (2023): Education, Sosial science and Planning technique, 2023, Edition September-Nov
Publisher : Sean Institute

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Decision number 168 k/pid.sus/2018 on behalf of the defendant kabul santosa bin wito diharjo was proven legally and convincingly guilty of committing the crime of "corruption", sentencing the defendant therefore to imprisonment for 4 (four) years and a fine of Rp200,000,000.00 (two hundred million rupiah) provided that if the fine is not paid it will be replaced by imprisonment for 6 (six) months, imposing additional punishment on the defendant to pay compensation of Rp124. 995,925.00 (one hundred twenty-four million nine hundred ninety-five thousand nine hundred twenty-five rupiah) which is compensated or calculated with the money confiscated by the public prosecutor in the amount of Rp124,995,925.00 (one hundred twenty-four million nine hundred ninety-five thousand nine hundred twenty-five rupiah). The purpose of this study is to examine the criminal act of corruption of village funds committed by the village head of Bunder and examine the judge's consideration in deciding the case of criminal acts of corruption of village funds committed by the village head and examine the accountability of the village head who committed criminal acts of corruption of village funds.

Reconstructing Corporate Environmental Sanctions through Ecological Justice in Indonesia Saritua Silitonga; Anggiat p. Simamora; Surya Hamdani; Sarah Furgoni
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 2 (2026): June
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i2.1582

Corporate environmental crime in Indonesia raises a difficult socio-legal problem: sanctions may punish polluting corporations while damaged ecosystems remain unrestored. This article examines how sanctions against corporate polluters are constructed under Indonesian law and how they should be reconstructed in light of ecological justice. The study uses normative legal research with socio-legal sensitivity, applying statutory, conceptual, and prescriptive approaches to legislation, corporate liability doctrine, environmental sanction provisions, and the ecological justice literature. The findings show that Indonesian law recognises corporate criminal liability and additional sanctions, including restoration, profit confiscation, closure of business activities, fulfilment of neglected obligations, and corporate supervision. However, the framework is weakened by discretionary restoration orders, evidentiary difficulty, institutional fragmentation, and an anthropocentric legal culture. The article contributes a restoration-oriented reconstruction model that places ecological recovery, unlawful gain removal, corporate compliance reform, and executable institutional mechanisms at the centre of environmental punishment. It argues that sanctions should be assessed not merely by their punitive severity, but by their capacity to repair ecological harm and prevent recurrence.

TANGGUNG JAWAB KORPORASI TERHADAP PENCEMARAN LINGKUNGAN DI KAWASAN INDUSTRI MEDAN: PERSPEKTIF HAK ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT Saritua Silitonga; Sarah Furqoni; Nita Nurvita
Law Jurnal Vol 7, No 1 (2026)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v7i1.9605

Pertumbuhan sektor industri di Kawasan Industri Medan (KIM) telah memberikan kontribusi yang signifikan terhadap pembangunan ekonomi daerah. Namun demikian, perkembangan tersebut juga meningkatkan risiko terjadinya degradasi lingkungan, khususnya yang bersumber dari limbah bahan berbahaya dan beracun (limbah B3). Transformasi kebijakan lingkungan hidup pasca berlakunya Undang-Undang Nomor 6 Tahun 2023 tentang Cipta Kerja, terutama terkait mekanisme pengawasan Analisis Mengenai Dampak Lingkungan (AMDAL), yang disertai dengan masih terbatasnya transparansi informasi lingkungan dan semakin berkembangnya praktik greenwashing oleh korporasi, menunjukkan bahwa sistem perlindungan lingkungan belum berfungsi secara optimal dalam menjamin hak konstitusional masyarakat atas lingkungan hidup yang baik dan sehat. Penelitian ini bertujuan untuk mengkaji pertanggungjawaban korporasi terhadap pencemaran lingkungan di Kawasan Industri Medan dengan menitikberatkan pada pengawasan AMDAL, pengelolaan limbah B3, serta praktik greenwashing dalam kegiatan industri. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan peraturan perundang-undangan (statutory approach), pendekatan konseptual (conceptual approach), dan pendekatan kasus (case approach). Hasil penelitian menunjukkan bahwa meskipun kerangka hukum lingkungan hidup berdasarkan Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup sebagaimana telah diubah dengan Undang-Undang Nomor 6 Tahun 2023, serta Peraturan Pemerintah Nomor 22 Tahun 2021, telah menyediakan instrumen hukum yang relatif komprehensif, implementasinya masih menghadapi berbagai kendala. Kendala tersebut meliputi lemahnya kapasitas pengawasan, rendahnya budaya kepatuhan korporasi, serta manipulasi citra perusahaan sebagai entitas yang ramah lingkungan (greenwashing). Penelitian ini menegaskan pentingnya penguatan tata kelola lingkungan melalui peningkatan efektivitas pengawasan, transparansi informasi lingkungan, serta penerapan prinsip tanggung jawab mutlak (strict liability) secara konsisten dalam penegakan hukum lingkungan guna mewujudkan pembangunan industri yang berkelanjutan dan keadilan ekologis.

TANTANGAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA TERHADAP PENCEMARAN LIMBAH INDUSTRI DALAM IMPLEMENTASI PRINSIP POLLUTER PAYS HUKUMasi Prinsip Polluter Pays Hukum Saritua Silitonga; Muhammad Dhobit Azhary Lubis
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Environmental law enforcement in Indonesia continues to face significant challenges in addressing criminal offenses related to industrial waste pollution. Although the Polluter Pays Principle has been formally incorporated into Indonesia’s environmental legal framework, its practical implementation remains inconsistent and often ineffective in ensuring environmental justice and deterrence. This study aims to examine the enforcement of environmental law in cases of industrial waste pollution by analyzing the extent to which the Polluter Pays Principle is applied within legal and policy discourses. Employing a qualitative approach, this research integrates normative–empirical legal analysis with critical discourse analysis of environmental regulations, court decisions, and policy documents. Data were collected through systematic legal document review and case-based analysis of industrial pollution incidents with criminal and administrative implications. The findings reveal a substantial gap between regulatory norms and enforcement practices, particularly in the allocation of environmental restoration costs to polluters. Moreover, the legal and policy language used in regulatory instruments and judicial reasoning tends to weaken the operational role of the Polluter Pays Principle as a mechanism of environmental accountability. This study underscores the urgency of strengthening environmental law enforcement through regulatory harmonization, consistent sanctioning mechanisms, and the reconstruction of legal discourse toward ecological justice and sustainable development. The results contribute both theoretically and practically to the advancement of environmental governance and law enforcement reform in Indonesia.

PERLINDUNGAN SUNGAI SEBAGAI RUANG EKOLOGIS PUBLIK DALAM PENEGAKAN TINDAK PIDANA LINGKUNGAN Muhammad Dhobit Azhary Lubis; Saritua Silitonga
Jurnal Perspektif Hukum Vol. 6 No. 2 (2025): Desember 2025
Publisher : Universitas Harapan Medan

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Rivers constitute public ecological spaces that play a strategic role in environmental sustainability and in fulfilling the public’s right to a good and healthy environment. However, in practice, rivers in Indonesia continue to face serious threats from pollution and environmental degradation caused by human activities that are not yet effectively addressed through environmental criminal law enforcement. This study aims to analyze the protection of rivers as public ecological spaces within the framework of environmental criminal law enforcement and to assess its contribution to the fulfillment of the right to a healthy environment. This research employs a normative legal research method using statutory, conceptual, and case-based approaches, particularly through the analysis of court decisions related to river pollution. The findings indicate that, normatively, environmental regulations provide an adequate legal foundation for river protection; nevertheless, their implementation remains constrained by challenges in evidence gathering, the application of corporate criminal liability, and inconsistencies in sentencing practices. The study further reveals that the integration of environmental criminal law enforcement with an ecological restorative approach has significant potential to strengthen river protection and promote ecological recovery. Therefore, this research emphasizes the importance of reinforcing environmental criminal law enforcement as a strategic instrument to safeguard rivers as public ecological spaces and to ensure the public’s right to a good and healthy environment.

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