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Henry Aspan

Faculty Of Social And Science, Universitas Pembangunan Panca Budi, Indonesia

Author-ID : 5496978

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LEGAL PROTECTION BY HOSPITALS AGAINST VIOLENCE EXPERIENCED BY DOCTORS Sulyaprilawati Battri Siahaan; Henry Aspan; Marice Simarmata
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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This normative legal study aims to examine legal protection for doctors who are victims of violence in hospitals in Indonesia. Using a normative legal approach based on an analysis of legislation, legal doctrine, and academic literature, this study identifies a discrepancy between the normative legal protection provisions and their implementation in hospital institutional practice. The research findings indicate that acts of violence against doctors, whether verbal, psychological, or physical, are structural problems and correlate with the suboptimal legal protection system at the hospital level. Although Law Number 17 of 2023 concerning Health explicitly recognizes doctors' right to legal protection in carrying out their profession, in practice, hospitals still tend to limit this protection to administrative aspects and have not yet established a comprehensive legal protection mechanism. Effective legal protection has been shown to contribute directly to increasing doctors' sense of security, maintaining professional independence, and improving the quality of health services. Thus, strengthening institutional legal protection for doctors is a fundamental prerequisite for the realization of safe, quality, and equitable health services.

IMPLEMENTATION OF SOCIAL SERVICE AT THE AVALOKITESVARA VIHARA AS AN INSTRUMENT FOR ASSESSING THE QUALITY OF HEALTH SERVICES IN THE ASPECT OF HEALTH LAW Riska Febria Afrila; Henry Aspan; Muhammad Arif Sahlepi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Health services are one of the efforts undertaken to improve public welfare and constitutional rights guaranteed by the 1945 Constitution and regulated in Law No. 17 of 2023 concerning Health. Health social services organized by religious institutions such as the Avalokitesvara Temple have strategic potential as an instrument for assessing the quality of health worker services, but the legal aspects and quality assessment mechanisms have not been comprehensively studied. This study aims to analyze the implementation of social services at the Avalokitesvara Temple as an instrument for assessing the quality of health worker services from a health law perspective, including legal regulations, service quality standards, functions as an assessment instrument, and legal protection for health workers. The study uses an empirical juridical approach with primary data from observations and in-depth interviews with health workers, managers, and beneficiaries, as well as secondary data in the form of laws and academic literature analyzed descriptively and qualitatively with data triangulation. Social services at the Avalokitesvara Temple have a strong legal basis and apply the principle of non-discrimination by involving a competent multidisciplinary medical team. This activity has the potential to evaluate the professional competence, ethics, and communication of healthcare workers, but faces obstacles such as limited medical equipment, unintegrated documentation, and the absence of specific SOPs and standardized assessment instruments. Legal protection for healthcare workers is guaranteed through Article 83 of the 2023 Health Law and liability insurance. The study recommends the development of specific SOPs, standardized assessment instruments, improvements to technology-based documentation systems, and strengthening cross-sector collaboration to ensure legal certainty and improve the quality of community-based services.

LEGAL ANALYSIS OF THE USE OF BUYBACK GUARANTEES TO SUPPORT DEVELOPER BUSINESS CAPITALIZATION AND MARKETING Juli Purwanti; Henry Aspan; Fitri Rafianti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Developer capital and marketing of their houses greatly affect the Indonesian economy, many developers need capital injections from banks, in addition to capital injections, developers can also obtain convenience in marketing completed houses through mortgages from banks that provide working capital loans. To facilitate mortgage approval for consumers, developers include a repurchase clause or better known as a Buyback Guarantee, a Buyback guarantee is a repurchase guarantee contained in a working capital cooperation agreement between banks and developers born from the principle of freedom of contract and the principle of Prudent in banking. This study aims to find out and explore how this credit agreement can be implemented and how this Buyback Guarantee clause is included in a banking credit agreement so that it can support capital and marketing of the developer's business. This study uses a Descriptive Juridical-Normative approach method. The formulation of the problem in this paper is How are the regulations and legality of the Buy Back Guarantee agreement clause as a form of repurchase guarantee between banks and developers and How the Buyback Guarantee Clause can support the Capital and Sales of the Developer's business. The results of this study demonstrate that the legality of credit agreements incorporating a buyback guarantee clause between banks and developers is based on the principles of freedom of contract and prudential banking principles.

CIVIL LIABILITY OF HOSPITALS FOR MEDICAL RISKS LEGAL REVIEW AND IMPLICATIONS FOR MEDICAL PRACTICE INDONESIA Pirma Ivan Ricky Manurung; Henry Aspan; Muhammad Arif Sahlepi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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This study adopts a normative legal perspective to explore the configuration and extent of civil liability attributed to hospitals in Indonesia, with particular attention to patient losses arising from alleged medical negligence or malpractice. Employing a doctrinal approach grounded in the examination of statutory provisions and legal doctrines, the research identifies a notable evolution in the allocation of responsibility. Legal accountability, which was previously directed toward individual healthcare professionals, has progressively shifted to hospitals as institutional entities. Notably, the Hospital Law, as stipulated in Article 46 of Law Number 44 of 2009, assigns hospitals a central role as the entities responsible for legal consequences arising from healthcare services. This legislative orientation reflects the principle of vicarious liability as articulated in Article 1367 paragraph (3) of the Indonesian Civil Code, under which an institution may be held legally responsible for acts committed by individuals operating within its sphere of authority . Within this legal construct, hospitals are regarded as autonomous legal persons responsible for the conduct of all healthcare personnel operating within their organizational framework, including physicians, and are consequently obliged to provide compensation when patients incur harm. The analysis also highlights the necessity of drawing a clear distinction between acts of professional negligence that give rise to civil liability and medical risks that are inherently associated with clinical interventions and have been duly acknowledged through valid informed consent. Taken as a whole, the findings indicate that Indonesian law has developed a structured and stringent model of hospital accountability, serving not merely as a means of providing remedies to patients, but also operating as a regulatory instrument means to improve healthcare quality and strengthen clinical risk management, thereby ensuring substantive legal protection for patients..

Countering Online Drug Trafficking Networks through the Application of Cybersecurity Technology: A Case Study of the Labuhanbatu Resort Police Andi Fahri Hasibuan; Riza Zarzani; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i2.109

This research analyzes the characteristics of pretrial rulings that annul the suspect designation by the Corruption Eradication Commission (KPK) and its implications for the performance and independence of the institution. Regulatory changes through Law No. 10 of 2015 and Law no. 19 of 2019 pose challenges related to the principles of justice, legal certainty, and the integrity of legal processes. Pretrial decisions that invalidate the suspect designation emphasize the importance of adherence to legal procedures and the protection of human rights in the enforcement of anti-corruption laws. Judicial oversight through pretrial is necessary to maintain a balance between KPK's independence and the protection of individual rights. The findings underscore the need for clearer and more accountable regulations to ensure effective and fair anti-corruption efforts

Co-Authors Abdul Rahman Maulana Siregar Abdul Razak Nasution Ade Syafitri Agus Adhari Ahmad Junaidi Alief, Muhammad Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Bambang Fitrianto Beby Sendy Berton Lumban Tobing Chandra Dewi Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Depari, Jon Heder Dhermawan, M. Ryan Dian Mahardi Lestari Dina Andiza Dira Dinda Alti Doly Amanda NST Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Etty Uyun Fadlan Fadlan Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Ginting, Gloria Gita Putri Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hardi Hermawan Hasdiana Juwita Bintang Hasdiana Juwita Bintang Henky Dalimunte Henny Saida Flora Herman , Herman Hotman Manullang Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Juli Purwanti Kiki Farida Ferine Lestari Lamindo Limbong Lestari, Dian Mahardi Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Mariana Zhuo Marice Simarmata Mariduk Lumban Tobing MHD AZHALI Siregar Mhd. Azhali Siregar Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Edwin Syahputra Lubis Muhammad Fauzy Daulay Muhammad Husni Dalimunthe Muhammad Iqbal Anwar Muhammad Juang Rambe Muhammad Riza Murnita, Eva Mutia Octavia Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Pirma Ivan Ricky Manurung Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Putri Shabrina, Shoniya Dwi Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Riska Febria Afrila Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Rozaini Rozakiya, Aliftha Rumengan, Angelina E. Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sulyaprilawati Battri Siahaan Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tarigan, Egi Christianta Tarigan, Hendra Julianto Marselinus Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yahya Tanjung Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zarzani, Riza Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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