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All Journal Pandecta Jurnal Dinamika Hukum Wacana, Jurnal Sosial dan Humaniora Diponegoro Law Review Jurisprudence Sriwijaya Law Review Jurnal Ilmiah Hukum LEGALITY Widya Yuridika Indian Journal of Forensic Medicine & Toxicology Audito Comparative Law Journal (ACLJ) Indonesia Law Reform Journal (ILREJ)
Fifik Wiryani
Universitas Muhammadiyah Malang
Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Jurnal Ilmiah Hukum LEGALITY

 1 
MEDIASI DALAM PENYELESAIAN SENGKETA MEDIK DOKTER DENGAN PASIEN (ANALISIS PUTUSAN PN NO. 38/PDT.G/2016/PN.BNA DAN PUTUSAN MAHKAH AGUNG NO. 1550 K/PDT/2016) Nurul Ummah; Fifik Wiryani; Mokhammad Najih
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v27i2.10158

Abstract

Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel aggrieved by the related parties. Mediation is also able to produce a peace agreement from both parties so that it can provide benefits for both. Dispute resolution efforts can use several means of mediation, including through litigation and non-litigation, both of which have their own advantages and disadvantages. In the case in Banda Aceh, the legal route was prioritized compared to mediation because of the patient's dissatisfaction, as well as the case of cassation decisions that did not receive the compensation offered by the defendant so that the court route was taken. The mediation used did not have a positive impact on both parties so that the mediation was considered a failure. Mediating is expected to provide good and fair benefits to all disputing parties so as to produce a sense of satisfaction and justice without any shortcomings of both. This mediation is also regulated in 1999 Law number 30 concerning arbitrage and options for resolving disputes that are outside the court and according to the 2008 regulation number 1 regarding mediation in court which was later refined back to the Supreme Court regulation of the Republic of Indonesia No.1 of 2016. This research is a descriptive type of juridical normative research, with an approach to the law and secondary data obtained from various types of literature studies and document studies, then the data is analyzed qualitatively. With the result that the hope that the legislation has been perfected is that the dispute resolution process outside the court can be more optimal, and also that the community feels much better benefits and benefits from the existence of mediation.
Transgender viewed from the perspective of positive law, health, and cultures in Indonesia Fifik Wiryani; Nurul Ummah; Mokhammad Najih; Muhammad Nasser; Nur Rohim Yunus
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16916

Abstract

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.
Co-Authors Abdul Haris Arsyzilma Hakiim I NYOMAN NURJAYA Isdian Anggraeny M Nasser M. Nasser M. Nasser Muhammad Iqbal Muhammad Nasser Muliarini, Prita Najih, Mokhammad Nasser, M Nor Samsi Nurul Ummah Nurul Ummah Prita Muliarini Rendra Widyakso Sugiharto, Setyo Tiwuk Herawati Warkum Soemitro Yunus, Nur Rohim Yusufa Ibn Sina Setiawan