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Alternative Settlement of Medical Malpractice Cases in The Perspective of Legal Sociology Adil Akhyar
JURNAL AKTA Vol 11, No 1 (2024): March 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.v11i1.37358

Medical malpractice always gets the spotlight or complaints and catches the law enforcement officials as a mistake made by doctors, midwives, nurses, pharmacists or hospitals. In fact, it is not uncommon for cases like this to be exposed in the mass media and other social media, as if the suspect suspected of committing malpractice had indeed committed the act (Media as a Pre-Court). In addition to requiring proof and the opinion of experts in their field, a health practitioner is a noble occupation, so good name is also valuable in carrying out their activities as health practitioners. Cases of suspected medical malpractice are rarely examined in terms of causality (cause and effect), whereas reviewing other actions as a cause and effect of the alleged malpractice is important, which is why it is necessary to use Restorative Justice before taking action, especially in cases of medical malpractice. This paper describes the existence of the Restorative System in the Indonesian judicial system as a concept that is very relevant if used to resolve cases related to health practitioners and good name in carrying out their profession. This paper is conceptual with descriptive analysis method. It can be concluded that the Restorative system in the settlement of Malpractice cases is a way out of the problems and trauma faced by health practitioners as a win-win solution in the face of claims or demands against them.

Pertanggungjawaban Pidana Atas Tindakan Memperniagakan Satwa Dilindungi Undang-Undang Di Dalam Daerah Pabean (Studi Putusan Pengadilan Negeri Nomor 1750/Pid.B/LH/2019/PN.Mdn) Kurniawan, Indra; Syah, Danial; Akhyar, Adil
Jurnal Hukum dan Kemasyarakatan Al-Hikmah Vol 5, No 1 (2024): Edisi Maret 2024
Publisher : universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v5i1.9691

Analysis of Handling the Code of Ethics for Ad Hoc Supervisors in Constitutional Law Oktafia, Wani; Marzuki, Marzuki; Akhyar, Adil
International Journal Of Education, Social Studies, And Management (IJESSM) Vol. 5 No. 1 (2025): The International Journal of Education, Social Studies, and Management (IJESSM)
Publisher : LPPPIPublishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52121/ijessm.v5i1.723

Handling of ethical violations by Ad Hoc supervisors is in accordance with Article 3 Paragraph (2) of Bawaslu Regulation Number 4 of 2019 concerning the Mechanism for Handling Violations of the Code of Ethics of the District Election Supervisory Committee, Village/Sub-district Election Supervisory Committee, and Polling Station Supervisors. In this article, the Regency/City Bawaslu handles violations of the code of ethics committed by Ad Hoc supervisors. This study raises 3 (three) formulations of the problem, namely: first, What are the legal regulations regarding the code of ethics of election organizers according to the Law?, second, What is the Authority of the Regency/City Bawaslu in Implementing Bawaslu Regulation 4 of 2019? And third, How is the Implementation of Bawaslu Regulation 4 of 2019 by the Regency/City Bawaslu in the process of Handling Violations of the Code of Ethics of the Ad Hoc Election Supervisory Committee?. The research uses the nature of the research used is descriptive analytical, the type of research used in this study is normative juridical, the data collection tool in the research that will be used in this study uses Library Research. The data analysis used is by using a qualitative method that produces descriptive-analytical data. Based on the results of the study, with the delegation of authority from the DKPP given to their respective superiors based on DKPP Regulation No. 3 of 2017 as amended several times, most recently through DKPP Regulation No. 1 of 2021, the authority given by the DKPP to the Regency/City Bawaslu is in accordance with the constitutional law system in Indonesia.

Tinjauan Yuridis Terhadap Wanprestasi Dalam Perjanjian Hutang Piutang (Studi Putusan Nomor 36/Pdt.G/2022/PN Sng) Khaira, Hanna; Harahap, Nurasiah; Akhyar, Adil
Jurnal Hukum dan Kemasyarakatan Al-Hikmah Vol 6, No 3 (2025): Edisi September 2025
Publisher : universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v6i3.12168

Analysis of Handling the Code of Ethics for Ad Hoc Supervisors in Constitutional Law Oktafia, Wani; Marzuki, Marzuki; Akhyar, Adil
International Journal Of Education, Social Studies, And Management (IJESSM) Vol. 5 No. 1 (2025): The International Journal of Education, Social Studies, and Management (IJESSM)
Publisher : LPPPIPublishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52121/ijessm.v5i1.723

Handling of ethical violations by Ad Hoc supervisors is in accordance with Article 3 Paragraph (2) of Bawaslu Regulation Number 4 of 2019 concerning the Mechanism for Handling Violations of the Code of Ethics of the District Election Supervisory Committee, Village/Sub-district Election Supervisory Committee, and Polling Station Supervisors. In this article, the Regency/City Bawaslu handles violations of the code of ethics committed by Ad Hoc supervisors. This study raises 3 (three) formulations of the problem, namely: first, What are the legal regulations regarding the code of ethics of election organizers according to the Law?, second, What is the Authority of the Regency/City Bawaslu in Implementing Bawaslu Regulation 4 of 2019? And third, How is the Implementation of Bawaslu Regulation 4 of 2019 by the Regency/City Bawaslu in the process of Handling Violations of the Code of Ethics of the Ad Hoc Election Supervisory Committee?. The research uses the nature of the research used is descriptive analytical, the type of research used in this study is normative juridical, the data collection tool in the research that will be used in this study uses Library Research. The data analysis used is by using a qualitative method that produces descriptive-analytical data. Based on the results of the study, with the delegation of authority from the DKPP given to their respective superiors based on DKPP Regulation No. 3 of 2017 as amended several times, most recently through DKPP Regulation No. 1 of 2021, the authority given by the DKPP to the Regency/City Bawaslu is in accordance with the constitutional law system in Indonesia.

Malpractice during the Covid-19 Pandemic in Indonesia from a Medico Legal Perspective Akhyar, Adil; Sofian, Ahmad
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30676

This article examines malpractice cases during the Covid-19 pandemic in Indonesia from a medico-legal perspective, with particular attention to the problem of causality in determining legal liability. The study employs a qualitative legal review supported by empirical case materials, statutory analysis, medico-legal literature, and relevant scholarly studies. Using a meta-synthesis approach, the article identifies how emergency health conditions, limited resources, rapidly changing medical protocols, and institutional responses during the pandemic created complex causal relationships between medical conduct, patient harm, and legal responsibility. The findings indicate that several malpractice-related incidents during the pandemic involved overlapping dimensions of criminal, civil, ethical, and administrative violations, particularly in patient treatment and the evacuation of bodies of Covid-19 patients by task force officers and medical personnel. The study argues that these cases reveal a condition of causal uncertainty, in which conventional civil liability doctrines face difficulties in proving a direct causal link between wrongful conduct and damage. Accordingly, this article proposes that Indonesian civil law should develop a more refined framework for tort liability in cases involving uncertain causation, including the possible recognition of proportional liability or causal probability-based responsibility. This refinement is essential to ensure legal protection for patients and families while maintaining fairness for medical professionals operating under public health emergency conditions.

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