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All Journal Ahkam: Jurnal Ilmu Syariah Bestuur Al-Jami'ah: Journal of Islamic Studies Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah Journal of Indonesian Legal Studies JOURNAL EQUITABLE Journal of Islamic Law JHCLS Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Hayat, Muhammad Jihadul
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Humanities Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Bestuur

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Medicolegal Perspective on Physician-Induced Demand Issue Wulandari Berliani Putri; Vita Widyasari; Juliet Musabula; Muhammad Jihadul Hayat
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.291 KB) | DOI: 10.20961/bestuur.v9i1.48281

Abstract

Physician-Induced Demand has long been a topic in the field of health science. However, compared to medical error or malpractice, PID receives less attention. The term PID itself is not recognized in Indonesian health regulations, but does it mean that the law permits it? This question is essential because the medical law insists that doctors perform medical efforts following professional standards and standard operating procedures. Physician-Induced Demand disguises an action that may manipulate and harm the patient's best interest. This study aims to shed light on the extent to which the medical law protects patients' rights from Physician-Induced Demand conduct. This study employs a juridical and normative approach. Primary resources were collected by investigating health regulations, while secondary resources were obtained from electronic databases. The result of this study shows that PID is a medical action against the will of law. Medical law requires that medical treatment be based on sound principles, such as following high-quality standards, honesty, fairness, humanity, nondiscrimination, efficiency, and effectiveness. Physician-Induced Demand, which tends to the interests of a physician, is opposed to those legal principles. Therefore, this study argues that Physician-Induced Demand violates the principles of medical law. It should be avoided under any circumstances. 
The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen Sri Wahyuni; Resti Dian Luthviati; Muhammad Jihadul Hayat; Utkarsh K. Mishra
BESTUUR Vol 10, No 1 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i1.64330

Abstract

Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.
Co-Authors Abdul Kadir Abdul Kadir Jaelani Abdul Kadir Jaelani Ahmad Bunyan Wahib Al Fatih, Sholahuddin Alfarisi, Muhammad Adib Andi Akbar Herman Awang, Nurulbahiah Djazimah, Siti Hakimi, Adul Rahim Henning Glaser Hilaire Tegnan I Gusti Ayu Ketut Rachmi Handayani Jaco Barkhuizen Juliet Musabula Lego Karjoko Lego Karjoko Mujib, M Misbahul Rabbani, Anila Resti Dian Luthviati Resti Dian Luthviati Sholahuddin Al-Fatih Siboy , Ahmad Sri Wahyuni Utkarsh K. Mishra Widyasari, Vita Wulandari Berliani Putri