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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health
Nomensen Sinamo
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Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Legal Protection Aspects Of Malpractice Victims Based Legal View In Indonesia Sabungan Sibarani; Nomensen Sinamo
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 2 No. 1 (2022): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v2i1.39

Abstract

Malpractice cases are a crime that is very common in Indonesia. Malpractice is basically an act of a professional that is contrary to standard operating procedures (SOP), code of ethics, and applicable laws, whether intentional or as a result of negligence that results in loss or death to others. Aspects of legal protection for patients who are victims of malpractice by doctors based on Indonesian law, namely : preventively with the existence of regulations governing malpractice, namely in the Civil Code (KUH Perdata), the Health Law, the Consumer Protection Law, the Medical Practice Law, and the Legal Code, Penal (Penal Code) and repressively the lack of action resulted in a loss, the person who performed the action imposed sanctions in the form of civil sanctions, namely to compensate both the administrator sanctions and criminal sanctions.
Legal Protection Aspects Of Malpractice Victims Based Legal View In Indonesia Sabungan Sibarani; Nomensen Sinamo
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 2 No. 1 (2022): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v2i1.39

Abstract

Malpractice cases are a crime that is very common in Indonesia. Malpractice is basically an act of a professional that is contrary to standard operating procedures (SOP), code of ethics, and applicable laws, whether intentional or as a result of negligence that results in loss or death to others. Aspects of legal protection for patients who are victims of malpractice by doctors based on Indonesian law, namely : preventively with the existence of regulations governing malpractice, namely in the Civil Code (KUH Perdata), the Health Law, the Consumer Protection Law, the Medical Practice Law, and the Legal Code, Penal (Penal Code) and repressively the lack of action resulted in a loss, the person who performed the action imposed sanctions in the form of civil sanctions, namely to compensate both the administrator sanctions and criminal sanctions.
Land Acquisition Of Former Building Use Rights (HGB) For The Construction Of Permanent Housing After The Earthquake In Tondo-2 Area, Hammer Setiawan, Puguh Aji Hari; Nurmawati, Bernadete; Herman, KMS; Sinamo, Nomensen
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

About 50,000 people were displaced by a 7.4 magnitude earthquake, tsunami, and liquefaction 10 km north of Palu City, Central Sulawesi Province, on September 28, 2018. The tragedy damaged many civic, social, and critical infrastructure in Palu City and nearby regions. The national government, Sulawesi provincial administration, and Palu city government are developing a relocation plan for earthquake, tsunami, and liquefaction-affected residents. This strategy will restore and rehabilitate sites like Palu City's Tondo-2 Area. To move affected residents to a safe area quickly after a disaster, land acquisition must be accelerated. This research aims to determine how the earthquake influenced the acquisition of ex-HGB land for Huntap's development in the Tondo-2 Area, Palu, and how such land acquisition was affected by the earthquake. Normative legal research is used. This study used a wide range of relevant books and scholarly papers. The Governor's development block authorized Huntap's construction in Tondo-2, as stated in Governor Decree No. 369/516/DIS-BMPR G.ST/2018, which determines the location (penlok) of land for permanent residential sites for disaster-affected communities in Central Sulawesi Province. The release or transfer of HGB from PT Sinar Putra Murni and PT Sinar Waluyo gave this 65.3-hectare state land its status. The community claims to own the land, and PT Sinar Putra Murni and PT Sinar Waluyo want compensation, which could lead to a lawsuit. Since the two firms no longer own the land, their legal chances are slim. If the firm continues to sue over land acquisition, Huntap can still be built under Law Number 2 of 2012 on Land Acquisition for Development for the Public Interest
Co-Authors Herman, KMS Nurmawati, Bernadete Sabungan Sibarani Setiawan, Puguh Aji Hari