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All Journal Journal of Health Policy and Management Aloha International Journal of Multidisciplinary Advancement (AIJMU) Journal of Law and Legal Reform
Arief Suryono
Faculty of Law, Universitas Sebelas Maret
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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The Implementation of Hardship Principles in OJK Regulation Number 11/POJK.03/2020 as a Strategy of Economic Strengthening in Handling the Impact of COVID-19 Pandemic Antryo Sandra Dewi; Arief Suryono; Yudho Taruno Muryanto
Aloha International Journal of Multidisciplinary Advancement (AIJMU) Vol 4, No 1 (2022): January
Publisher : Alliance of Health Activists (AloHA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33846/aijmu40104

Abstract

This legal research examines the implementation of the principle of hardship in the economic stimulus policies issued by the Government of Indonesia as a strategy to strengthen the economy in handling with the impact of the COVID-19 pandemic. This legal research is a normative or doctrinal legal research conducted by reviewing the literature. The research approach carried out uses a statue approach and a conceptual approach. This legal research uses both primary and secondary legal materials. Based on the results of this legal research, the implementation of the hardship principle which has different implications from the forje majeur or overmacht principle is considered to be able to accommodate the interests and legal protection of the rights of creditors and debtors. The principle of hardship become a legal basis for not canceling a contract so as to maintain the continuity of the contract. The application of the principle of hardship in Financial Service Authority in Indonesia it called as “Otoritas Jasa Keuangan” (OJK) Regulation Number 11 / POJK.03 / 2020 aims to achieve justice for debtors and creditors in the context of facing conditions of decline in economic growth due to the impact of COVID-19 pandemic. Keywords: principles of hardship; economic stimulus policy; COVID-19 pandemic
Legal Construction of Nursing Accountability in Circumcision Practice Panggih Sediyo; Isharyanto Isharyanto; Arief Suryono
Journal of Health Policy and Management Vol. 3 No. 2 (2018)
Publisher : Masters Program in Public Health, Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.683 KB)

Abstract

Background: Circumcision is one of the surgical practices often performed by nurses in rural and urban areas. Minister of Health Decree No. 1239 of 2001 on the registration and practice of nurses has not provided clarity on the limits of authority and legal protection for certain nurses. Many nurses provide services in the community that are not in accordance with the rules and authority.Subjects and Method: This was a normative study with statute, case study, and conceptual approach. Legal materials were collected using document review. Legal materials were analyzed by describing the problem under study.Results: Article 65 of Law Number 36 the Year 2014 on Health Personnel provides delegation of authority from the doctor to the nurse if the doctor cannot perform a medical service, provided that the physician is obliged to provide clear written authority delegation to perform the medical service. Regulation of the Minister of Health of the Republic of Indonesia No. 17 of 2013 on Amendment to Regulation of the Minister of Health No. Hk.02.02/Menkes/148/I/2010 Concer
Reorienting Investment Dispute Resolution in Indonesia: Towards a Fair and Efficient System Sahat Poltak Siallagan; Jamal Wiwoho; Arief Suryono; Itok Dwi Kurniawan; Acacio Fernandes
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4367

Abstract

In the era of Industry 4.0, the surge in foreign investment and the proliferation of global trade agreements have intensified the need for more reliable dispute resolution mechanisms. While the Investor-State Dispute Settlement (ISDS) system has long been the standard, it faces widespread criticism for its lack of transparency, fairness, and absence of an appellate mechanism. In response, the Investment Court System (ICS) has emerged as a novel alternative, introducing significant reforms such as the appointment of more qualified arbitrators, greater neutrality, enhanced transparency, and, crucially, a structured appeals process that offers stronger legal certainty. Although no disputes have yet been resolved through ICS, raising questions about its efficiency, the system represents a promising advancement in creating a more equitable and trustworthy framework. The appellate mechanism of ICS, in particular, addresses a critical shortcoming of ISDS, where arbitration awards are often challenged in national courts, leading to legal uncertainty. By balancing investor protection with state sovereignty to regulate in the public interest, ICS has the potential to enhance legal clarity, foster public confidence, and create a more stable and inclusive global investment environment.
Co-Authors Acacio Fernandes Antryo Sandra Dewi Isharyanto Isharyanto Itok Dwi Kurniawan Jamal Wiwoho Panggih Sediyo Sahat Poltak Siallagan Yudho Taruno Muryanto