Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Nadia Nabela
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Violation of Medical Oath as a Criminal Office of Health Law Nadia Nabela; Joko Setiyono
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7135

Abstract

As rights protected by the constitution, the right to health services is highly demanded by the government. On this basis, the state is obliged to respect, protect, and fulfill these rights, including by providing equal access to health services, preventing actions that can reduce the level of public health. In the 2012 Code of Medical Ethics, the violation of the medical oath is a violation of the Code of Ethics. However, in this paper the author examines more from the criminal side. Can a violation of an oath be considered a criminal offence? Therefore, this study examines Medical Discipline Violations as Violations of Criminal Law. The method that the author uses in this research is a normative legal approach method using secondary data sources which include primary legal materials, secondary legal materials and tertiary legal materials.The results of the research in this paper are: the author concludes that the violation of the medical oath is a form of action that is medical error (malpractice). When viewed from the form of medical ethics violations, it is a violation of the Standard Operating Procedures and Professional Standards and the rules/provisions for the application of science in the implementation of other medical practices. Then it is to be able to prove the error through a medical audit in determining the position of the error (malpractice). 
Constitutional Complaints and the Constitutionality of Pro Justitia Measures: A Comparative Analysis of Indonesia, Germany, and South Korea Ivan Zairani Lisi; Nur Aripkah; I Kadek Sudiarsana; Nadia Nabela; Faiqah Nur Azizah
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28316

Abstract

In practice, pretrial hearings in Indonesia often fail to be an effective instrument for protecting the rights of suspects and victims in the Pro Justitia process. Many cases show that the imbalance between law enforcement officials' authority and individual rights remains an unresolved. This situation differs from that in Germany and South Korea, where constitutional complaints have become an important instrument in the constitutional system for controlling and correcting state actions that violate citizens' constitutional rights, including within the criminal justice system. This study examines the extent to which the absence of a constitutional complaint mechanism in the Indonesian criminal justice system affects the protection of citizens' constitutional rights. Using a normative legal research method, with a statute, conceptual, and comparative approach, this study found that Indonesia has yet to implement a constitutional complaint mechanism as a corrective measure against state actions that violate citizens' constitutional rights. Preliminary hearings still have limitations in accommodating constitutional rights in criminal proceedings. The absence of this mechanism creates a void in the constitutional protection system in the judicial process in Indonesia as a whole. The implementation of constitutional complaints should be considered to strengthen the protection of constitutional rights and ensure the implementation of the Pro Justitia process in line with the principles of the rule of law
Co-Authors Faiqah Nur Azizah I Kadek Sudiarsana I Nyoman Adi Putra Ivan Zairani Lisi Nur Aripkah