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Bing Waluyo
Faculty of Law, Universitas Wijayakusuma

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Hubungan Dokter dengan Pasien Dalam Bidang Kesehatan Bing Waluyo
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.abd9jf50

Abstract

The relationship between doctors and patients begins with a vertical, paternalistic relationship pattern, which isbased on the principle of father knows best, which gives birth to a paternalistic relationship. The position/position ofthe doctor and the patient are not equal, namely the position of the doctor is considered higher than the patient,because the doctor is considered to know best about all kinds of diseases and how to cure them, while the patient isconsidered to know nothing about the disease and he submits it completely to the doctor. Doctors are placed aspatrons (protectors) and patients are placed as clients (protected people). Then, in its development, the vertical,paternalistic relationship pattern shifted to a horizontal, contractual relationship pattern. This relationship givesbirth to a horizontal contractual legal aspect which is inspanningsverbintenis which is a legal relationship betweentwo legal subjects (patients and doctors) who are of equal status, giving rise to rights and obligations for the partiesconcerned. This legal relationship does not promise anything (healing or death) because the object of the legalrelationship is the maximum effort made by the doctor carefully and with tension based on his knowledge andexperience in treating illnesses to cure the patient's illness.Keywords: Juridical Review, Relationship, Doctor and Patient, Health Sector
Kajian Terhadap Risiko Pada Jual Beli Benda Bergerak Bing Waluyo
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.wq9bf220

Abstract

Risk is the obligation to bear losses as a result of an event (event) that befalls the object of the agreement beyondthe fault of one of the parties. Based on this understanding, it can be seen that the issue of risk stems from theoccurrence of events beyond the fault of one of the parties to the agreement. This event in contract law is called astate of coercion (overmacht; force majeure). Thus, the issue of risk is the aftermath of the problem of coercivecircumstances (overmacht; force majeure), which is an event that is unintentional, cannot be predicted orknown, and is beyond the power of the compelling debtor. When viewed from the type, the state of coercion canbe divided into two, namel An absolute/absolute force majeure situation, and A situation of compulsion(overmacht; force majeure) that is relative, Regarding the risks in buying and selling movable objects, in the CivilCode there are three regulations, namely Regarding certain objects (Article 1460 of the Civil Code), Regardingobjects sold according to weight, quantity or size (Article 1461), and Regarding the objects for sale which aresold according to piles (Article 1462). Based on Article 1462 of the Civil Code, the risk of the object lies with thebuyer.
Kajian Terhadap Perikatan Alamiah MenurutKitab Undang–Undang Hukum Perdata (KUH Perdata) Bing Waluyo
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.z0xbda51

Abstract

The source of the engagement as regulated in Article 1233 of the Civil Code, can occur due to two things, namelyan engagement born of an agreement and an engagement born of law. Engagements born from laws consist ofengagements born from laws only and those born from laws due to human actions which can be distinguishedinto human actions that are in accordance with the law (rechtmatige) and those that are against the law(onrechtmatige). Engagements born from the law due to human actions in accordance with the law, one ofwhich is contained in Article 1359 of the Civil Code, which consists of two paragraphs, namely paragraph 1which regulates the right to claim back payments that are not owed, and paragraph 2 regulates if a personlegally voluntarily fulfill the obligations of the natural engagement, then the payment is not a payment that isnot owed, it can be concluded from the contents of the article, namely that the payment made by the debtorcannot be requested back. Furthermore, regarding how and what is meant by natural engagement, the CivilCode does not explain in detail, on this basis it encourages the author to write a study on natural engagementaccording to the Civil Code (KUH Perdata). The approach method in this paper is normative juridical, while thespecifications in this paper are descriptive analytical.
Co-Authors Aris Priyadi Suryati Suryati