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All Journal UNEJ e-Proceeding Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Jurnal Simbur Cahaya Jurnal Suara Hukum Jurnal Ilmu Kenotariatan Acten Journal Law Review
Rhama Wisnu Wardhana
Fakultas Hukum Universitas Jember
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia

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Legal Protection For Patients Who Are Harmful Due To Medical Actions In The Installation Of Braces Without Medical Records (Study Decision Number 557/PK/PDT/2017) Munthe, Justin Ferdy; Wahjuni, Edi; Wardhana, Rhama Wisnu
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.4707

Abstract

Doctors in carrying out medical practice are required to keep medical records which are regulated in the Medical Practice Law. In dentistry, records play a very important role, mistakes made by doctors and dentists by not making medical records are a form of unlawful action. This research aims to examine the form of legal protection for patients if they are harmed due to the actions of a dentist who in practice does not keep medical records and to see how responsible the doctor is for these actions. The method used in this research is normative juridical with a statutory approach, case approach, and conceptual approach. This research discusses forms of legal protection which consist of internal and external forms of legal protection, then discusses the responsibilities of medical personnel based on the absolute prin. The legal protection provided to patients who are harmed by the installation of braces without medical records consists of internal and external legal protection. The principle of absolute responsibility is used basically because of the losses experienced by patients due to the negligence of medical personnel or doctors, which is called negligence in this case as a health service provider, so that Article 60 (2) of the Consumer Protection Law is imposed. In addition, the Judge's Law consideration (ratio decidendi) in Decision Number 557/Pk/Pdt/2017 is clearly very wrong and not based on law because in this case the complainant has attached evidence of disciplinary sanctions.ciple and the principle of error and discusses the legal considerations of judges.
Perlindungan Hukum Terhadap Perusahaan Asuransi Atas Adanya Penyalahgunaan Klaim Asuransi Wahjuni, Edi; Wardhana, Rhama Wisnu; Purwanto, Safira Oktavia
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.3462

Abstract

insurance that is starting to grow chosen by the public is property insurance. Property insurance is a product that provides compensation in the event of damage to the insured property. The purpose of writing this study is to analyze the forms of abuse of insurance claims and forms of legal protection for insurance companies from abuse of claims. The method is a normative juridical research type. The problem approach used is the legal approach (state approach) and the conceptual approach (conceptual approach). Based on the results of the study, The existence of misuse of insurance claims by unscrupulous company leaders who bring losses in payment of claims by insurance companies is a form of unlawful act as regulated in the provisions of Article 1365 of the Civil Code. Then, the form of legal protection for insurance companies from losses due to misuse of claims that the company leadership is required to return company money that has been misused.
Co-Authors Edi Wahjuni Iswi Hariyani Kurniawan, Nidal Safaraz Marzuki, Ismail Mataniari Diana Naiborhu Moh. Ali Munthe, Justin Ferdy Prakoso, Bhim Purwanto, Safira Oktavia Rahmadi Indra Tektona Restri Ismi Wardhani Syarifah Syawallentin Permatasari Wahjuni, Edi