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Perlindungan Masyarakat Hukum Adat di Wilayah Pesisir Pasca Berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Mohammad Zamroni; Rachman Maulana Kafrawi
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.99

Abstract

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.
Urgensi Pembatasan Prinsip Kebebasan Berkontrak Dalam Perspektif Historis Mohammad Zamroni
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.113

Abstract

The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.
Tinjauan Hukum Batalnya Suatu Perkawinan Terhadap Perjanjian Kredit Bank Mohammad Zamroni
Perspektif Hukum VOLUME 17 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i2.155

Abstract

The main function of the bank is to collect funds from the public in the form of deposits, and channel them to the public in the form of credit facilities. However, because the funds used as credit facilities are public funds, then giving credit must be in accordance with the precautionary principle. One of the application of the precautionary principle is to make a credit contract. Credit contract are not only carried out by banks with companies, but also between banks and individual debitor. If an individual debitor is married and does not have a marriage agreement, the husband and wife are generally involved in a credit contract. This is done in addition to guaranteeing loan repayments, also related to guarantees that are generally in the form of property. Basically marriage ties still have the potential to be canceled. So that there will be legal consequences when the marriage is canceled. This study focuses on analyzing the legal consequences of the credit contract made by banks with an individual debitor whose marriages are canceled by the Court.
LEGAL PROTECTION OF CANCER PATIENTS’ SOCIAL SECURITY PARTICIPANTS IN TARGETING THERAPY SERVICES IN HOSPITAL Made Agus Suanjaya; Sutarno Sutarno; Mohammad Zamroni
JILPR Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v4i3.141

Abstract

The purpose of this study to analyse laws and regulations as legal protection for social security participants in targeting therapy services in hospitals and to analyse the responsibility of the hospital for targeting therapy services. Legal protection for cancer patients participating in social security in targeting therapy services in hospitals in accordance with what is regulated in the 1945 Constitution, then Law Number 29 of 2004 concerning Medical Practice; Law of the Republic of Indonesia Number 36 of 2009 concerning Health, which shows that the state present in providing protection and legal protection to its people. So in practice in the field, both hospitals and medical personnel must stick to this rule so that cancer patients participating in social security receive optimal service in accordance with the latest scientific principles of medicine without violating applicable laws so as to create harmony between optimal patient treatment and applicable law. Hospital responsibility for targeting therapy services is crucial/important where hospitals have criminal responsibility regulated in the Criminal Code, civil liability related to default and unlawful acts as stated in the Civil Code and also administrative responsibility which is regulated in the rules medical.
LEGAL RESPONSIBILITIES OF THE LOCAL GOVERNMENT TO REDUCE THE ADDITIONAL INCOME OF EMPLOYEES OF THE CIVIL SERVANT FOR HEALTH PROFESSIONALS Baiq Yulia Handayani; Asmuni; Mohammad Zamroni; Ninis Nugraheni
JILPR Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v4i3.143

Abstract

The main objective of this study is to analyze the legal consequences of reducing the provision of additional income for health workers and to analyze the legal responsibility of local governments for reducing the right to provide additional income for health workers. The method used in this study is a normative juridical research method, so the approach taken in this research is a statutory approach (statute approach), historical approach (historical approach) and conceptual approach (conceptual approach). The results of the findings and studies in this study, it can be concluded that the legal consequences that occur if the actions taken by the local government to reduce the provision of additional income for Health Workforce Employees if they cannot be accounted for are revocable and invalid. So that the decision issued in February 2022 may be canceled, so that the Regent's regulation Number 1 of 2022 is reinstated. The legal responsibility of the local government regarding the reduction of the right to provide additional income for health workers is to return to the legal basis for providing additional income for employees based on government regulations number 12 of 2019 by looking at the principles of providing additional employee income which include the principles of justice, welfare and having legal certainty.
Hospital Legal Responsibilities for Misuse of Patient Personal Data In Electronic Medical Records Dian Ayu Lukitasari; Mohammad Zamroni; Andika Persada Putera
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.164

Abstract

The purpose of this study was to analyze the patient's personal data protection law in the electronic medical record and to analyze the legal responsibility of the hospital for the misuse of patient's personal data in the electronic medical record. This research uses normative research methods and uses statutory and conceptual approaches. The issuance of Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records which requires hospitals to maintain electronic medical records no later than December 31, 2022. The transition from conventional medical records to electronic medical records carries the risk of misusing patient personal data. The results of this study conclude that hospitals as personal data controllers and electronic system operators are required to implement Law Number 27 of 2022 concerning Protection of Personal Data in organizing electronic medical records except those specifically regulated by other laws and regulations and hospitals as corporations have legal responsibilities for misuse of patient personal data in electronic medical records, namely administrative liability, civil liability and criminal liability.
Local Government Responsibility for Home Care Services at Primary Health Care Katmini Katmini; Tauchid Noor; Mohammad Zamroni
Indonesian Journal of Global Health Research Vol 6 No 6 (2024): Indonesian Journal of Global Health Research
Publisher : GLOBAL HEALTH SCIENCE GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37287/ijghr.v6i6.5354

Abstract

Health has a major role in improving the degree of community life, therefore all countries strive to organize the best possible health services. The purpose of the study was to analyze the responsibility of local governments for home care services at primary health care center. This research uses normative legal research methods with a conceptual approach. Reference primary legal materials and secondary legal materials. The article was retrieved from a scientific journal databaseThe development of home care among the community is better if balanced with the quality of service. Apart from various obstacles in its implementation, the existence of home care is very important for today's society. Because the fundamental problem that is often experienced is the number of referrals to clinics from the local area that require clinical care. Before the existence of home care, individuals with health complaints needed to meet face-to-face at hospitals, polyclinics, and other welfare administration units. After home care was established, individuals who wanted to initiate medical services could simply call the hotline provided, making it more useful for the local area to gain access to healthcare. It is believed that home care will be the first stage of administrative data collection before referral to hospitals and clinics.