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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah International Journal of Law Reconstruction Media Iuris Khazanah Hukum Law Development Journal Proceedings Series on Social Sciences & Humanities Volksgeist: Jurnal Ilmu Hukum dan Konstitusi International Journal of Law Society Services Innovative: Journal Of Social Science Research Jurnal Ilmiah Sultan Agung SASI TABELLIUS
Andri Winjaya Laksana, Andri Winjaya
Fakultas Hukum Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Formulation of Criminal Sanctions Policy in the Form of Fines for Illicit Trafficking of Class I Narcotics from the Perspective of Legal Justice Values (Case Study of Decision Number 427/Pid.Sus/2023/Pn Bkn) Prayurisna, Yoga Baya; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51127

Abstract

Abstract. The research aims to determine the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court, and the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court is in accordance with the objectives of punishment as a manifestation of the value of legal justice. The method used is sociological juridical, examining the legal reality experienced in the field or based on problems regarding legal matters and existing realities, with the theory of legal effectiveness and legal justice. The results of the research and discussion are that (1) the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court has normatively been carried out in accordance with statutory regulations, but has not been effective substantially and culturally according to the theory of legal effectiveness of Lawrence M. Friedman. (2) That the implementation of criminal sanctions in the form of fines for the illicit trafficking of Class I Narcotics in the Bangkinang District Court has fulfilled the aspect of legal certainty and some of the objectives of punishment, but has not fully reflected the value of legal justice in the perspective of Pancasila justice according to Yudi Latif. The justice that is upheld is still formal and has not touched the social-humanitarian dimension as a whole.
Legal Responsibility of Medical Specialist for Illness or Death: The Essence of Justice Edi, Prasetyo; Laksana, Andri Winjaya
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.49705

Abstract

This study examines the legal liability of medical specialists who perform medical procedures beyond their scope of competence, resulting in patient morbidity or mortality. The issues analyzed include the essence of justice in the regulation of physician legal liability and the ideal formulation of legal policies in medical practice, particularly amidst the advancement of medical techniques. The research method employed is legal research using a socio-legal approach and explanatory specification. Data sources comprise primary and secondary legal materials, as well as empirical data in the form of complaints and decisions from the Indonesian Medical Discipline Honorary Council (MKDKI) that have attained legal finality, analyzed through descriptive qualitative methods. The results indicate that justice in physician legal liability must be understood as proportional justice, given the disparity in knowledge and authority within the therapeutic relationship between doctor and patient. Medical specialists may be held legally liable if proven to have committed competence violations, such as practicing beyond their authority, failing to refer patients, or providing inadequate medical care. This study emphasizes that physician legal liability is not solely based on the outcome, but rather on violations of professional standards, discipline, and the degree of negligence involved. Consequently, it is necessary to strengthen regulations and oversight mechanisms in medical practice to ensure patient safety and legal certainty for medical personnel.
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors Mekarsari, Septi Wahyuning; Prayitno, Ahmad Hadi; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both from the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The research specifications are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements still have binding legal force as long as they meet the legal requirements of the agreement as regulated in Article 1320 of the Civil Code. However, the agreement has limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the contractual obligations, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, a breach of contract has the potential to compromise the quality of healthcare services and patient safety, thus requiring the hospital to retain legal responsibility for the provision of healthcare services. Therefore, this study recommends that cooperation agreements be drawn up in the form of an authentic deed or at least legalized.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Law Enforcement Against Abuse of Authority by The Lurah in Issuing Multiple Certificates (Case Study in Medokan Subdistrict, Surabaya) Estuanti, Ananda; Arifulloh, Achmad; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study examines the enforcement of law against the abuse of authority by a village head (lurah) in the issuance of double land certificates, with a case study in Medokan Subdistrict, Surabaya. The issue of double certificates represents a serious failure in land administration that directly undermines legal certainty and the protection of community land rights. In practice, the issuance of double certificates is often linked to the abuse of authority by local government officials through manipulation of juridical data, issuance of unlawful land statements, and disregard for the principle of prudence in public service. This research employs an empirical juridical method with a qualitative approach, combining statutory analysis with an examination of legal practices in the field. Data were collected through literature review, legal documents, and analysis of relevant empirical facts. The findings indicate that weak supervision, low integrity of officials, and an underdeveloped land administration system are the main factors contributing to the occurrence of double certificates. Law enforcement against officials who abuse their authority still faces significant obstacles, particularly in terms of evidence and inter-agency coordination. This study is expected to contribute academically to the development of notarial and land law, as well as provide practical recommendations for improving land administration governance based on legal certainty and justice.
Co-Authors Achmad Arifulloh, Achmad Adriano, Muhammad Ricky Akbar, Muhammad Ilham Alfateo, Alvin Deo Ali, Nuraliah Anis Mashdurohatun Anugerah, Muhammad Dito Argo Victoria, Ong Arpangi Bambang Tri Bawono Dian Pramana dwi wahyono Estuanti, Ananda Fareha, Nur Handayani, Yusrina Hargiharso, Muhammad Dimas Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Hidayat, Yudhi Taufiq Nur Ida Musofiana, Ida Iman, Muhammad Khoirul Khasanah, Dian Ratu Ayu Uswatun Madrah, Muna Yastuti Malau, Nike Rumondang Margono Margono Marpaung, Marzuki Joshua Maulidiawati, Wahdah Mekarsari, Septi Wahyuning Moh. Nurul Huda, Moh. Nurul Muhammad Iqbal Nooryono, Makhsyar Partimi, Yuli Prasetyo Edi, Prasetyo Prayitno, Ahmad Hadi Prayurisna, Yoga Baya Putratama, Muhammad Rafly Rachman, W. Erfandy Kurnia Resmi, Puji Rimbawan, Andhika Yuli Saraya, Sitta Setiadinanti, Syakina Setyo Trisnadi Shallman, Shallman Sijabat, Niko Andri Silaban, Roynaldo Simarmata, Rustam Efendi P Sitanggang, Marulitua Johannes Sri Endah Wahyuningsih Suranto Suranto Suwondo, Denny Tari, Mayang Ul-Husna, Muhammad Brata Widayati Widayati Widono, Janu winanto, winanto Yassine, Chami Yudhana, Syela Ambri Zanira, Naufal Fajar