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TANGGUNG JAWAB RUMAH SAKIT TERHADAP PASIEN PADA PELAYANAN INSTALASI GAWAT DARURAT DI RUMAH SAKIT DR. CIPTO MANGUNKUSUMO BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Angga Kurniansyah; Rineke Sara
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1604

Abstract

The position of hospitals as providers of health services and patients as recipients of health services in health facilities has been regulated in Law Number 17 of 2023 concerning Health which aims to increase awareness, willingness, and ability to live healthily for the community. This study discusses the responsibility of hospitals towards patients who experience losses in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital and the efforts made by patients who are harmed by the Emergency Room services of Dr. Cipto Mangunkusumo Hospital. This study uses a normative legal approach method that is empirical in nature. The results of the study indicate that the responsibility of hospitals towards patients in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital is due to inadequate health services, not in accordance with the rules and procedures, and can cause losses to patients. The hospital will provide health services until the patient recovers. If a patient is harmed, the patient can file a complaint with the professional ethics council, request compensation through a lawsuit for unlawful acts, or file a civil lawsuit for losses incurred due to the negligence of medical personnel on duty in the Emergency Room as regulated in Article 1367 of the Civil Code, Article 304 of the Criminal Code, and Article 531 of the Criminal Code.
ANALISIS HUKUM TERHADAP TINDAK PIDANA PEMBUNUHAN BERDASARKAN PASAL 338 KUHP (STUDI KASUS PUTUSAN NOMOR 9/PID.B/2023/PN.DPK) Johanes; Rineke Sara; Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1752

Abstract

The crime of murder is an act committed by a person or group of people who intentionally take or take the life of another person. Murder perpetrators are often found in adolescence. One form of juvenile delinquency is brawls, the impact of which can cause serious injuries to the point of taking the life of another person. The perpetrators of brawls that cause the loss of life of another person can be categorized as perpetrators of the crime of murder. This study discusses the application of the elements of the crime of murder based on Article 338 of the Criminal Code in the case of Decision Number 9/Pid.B/2023/PN.Dpk and whether the decision has provided a sense of justice. This study uses a normative juridical research method. The results of the study explain that the application of the elements of the crime of murder based on Article 338 of the Criminal Code in Decision Number 9/Pid.B/2023/PN.Dpk is appropriate because the actions committed by the Defendant Indra Beni Saputra alias Beni Bin Mulyadi contain the elements of whoever and the element of intentionally taking the life of another person. With the fulfillment of these elements, the Panel of Judges sentenced the Defendant to 9 (nine) years in prison. The decision handed down by the Panel of Judges has provided a sense of justice, this can be seen from the Panel of Judges' considerations where the Defendant committed assault using a sharp weapon which caused the victim's death, and is supported by evidence in the form of a sickle and evidence from the results of the Visum Et Repertum made by Citra Medika Depok Hospital which conducted an external examination.
The Improvement of Digital Literacy to Secure Data and Privacy in the Digital Age Francisca Romana Nanik Alfiani; Rineke Sara
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 12 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i12.1374

Abstract

Digital literacy is essential for navigating online spaces and ensuring safe and effective communication. In today's digital era, personal data and privacy are interconnected concepts crucial for individual rights and protection in an increasingly digital world. This study aims to assess digital literacy and its impact on digital security in Indonesia. The study takes a qualitative approach using descriptive methods, to aimed to answer questions about the state of digital literacy in society and how it can be improved to prevent cybercrime and enhance digital security. The findings can guide policymakers and organizations in promoting digital literacy as a means to enhance overall security.
Reconstruction of The Regulations on Verification of The Applicant's Identity by Notaries in The Preparation of Authentic Deeds to Address The Legal Void Regarding The Use of Fake Identities Kartika Kartika; Rineke Sara
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32856

Abstract

The purpose of this study is to investigate the legal loopholes concerning the use of false identities in Indonesian notarial practice, as well as the legal provisions governing a notary’s verification of an appearer’s identity in the preparation of an authentic deed. Notaries are public officials authorized to prepare authentic deeds with perfect evidentiary force, as stated in Articles 1868 and 1870 of the Civil Code. In practice, verification of the appearer’s identity is a crucial aspect of ensuring the validity of a deed and providing legal certainty for the parties. However, the provisions concerning the identity verification mechanism under Law Number 2 of 2014 concerning the Position of Notary remain general in nature and do not regulate in detail the standard procedures for verifying an appearer’s identity, thereby potentially leading to identity misuse, such as the use of false identities or identities belonging to other persons in the preparation of deeds. This study analyzes laws and regulations, legal theory, and relevant literature using a normative juridical legal research method with statutory and conceptual approaches. The results of the study indicate a legal gap in the mechanism for verifying an appearer’s identity by a notary, which has the potential to create legal uncertainty and the risk of legal liability for notaries. Therefore, a more comprehensive reconstruction of legal regulations is needed by strengthening identity verification obligations, developing standard verification procedures, and utilizing the national population administration system to ensure the authenticity of the parties’ identities in the preparation of authentic deeds, thereby increasing legal certainty and legal protection in notarial practice.
Comparative Authority in Cybercrime Investigation: Indonesian Police and Related Institutions John Piter Tampubolon; Rineke Sara
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.448

Abstract

The rapid expansion of information technology has significantly increased cybercrime in Indonesia, necessitating a clear and coordinated law enforcement framework. This article aims to comparatively analyze the authority to investigate cybercrime between the Indonesian National Police (Polri) and other related institutions, including the Attorney General’s Office, the National Cyber and Crypto Agency (BSSN), and the Ministry of Communication and Informatics (Kominfo). The research employs a normative juridical method with statutory and conceptual approaches, supported by comparative analysis of institutional authority based on Law Number 1 of 2024 concerning Electronic Information and Transactions, the Criminal Procedure Code (KUHAP), and Law Number 16 of 2004 concerning the Prosecutor’s Office. The findings indicate that Polri holds dominant and comprehensive investigative authority, while other institutions perform supportive, supervisory, and technical functions without direct investigative attribution. However, regulatory fragmentation and weak coordination mechanisms create overlaps and inefficiencies in cybercrime handling. This study concludes that regulatory harmonization and the establishment of an integrated coordination framework are essential to ensure effective, accountable, and human-rights-oriented cybercrime law enforcement in Indonesia.
Effectiveness of Investigator Certification in Improving Special Crime Investigation Quality at Bengkulu Police Sonny Wibisono; Rineke Sara
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.451

Abstract

This study aims to analyze the effectiveness of investigator and assistant investigator certification as a mandatory instrument for improving the quality of special criminal investigations at the Directorate of Special Criminal Investigation of the Bengkulu Regional Police. The research employs a normative juridical method using statutory and conceptual approaches by examining the Criminal Procedure Code (KUHAP), Law No. 2 of 2002 on the Indonesian National Police, Perpol No. 6 of 2019 on Criminal Investigation, and Perkap No. 99 of 2020 on the development of superior police human resources. The findings demonstrate that certification significantly enhances investigator competence, professionalism, and compliance with procedural law, which is reflected in more complete case files, higher procedural accuracy, and increased success rates in achieving the P-21 stage. Certified investigators also show stronger legal reasoning in case handling and investigation termination decisions. However, the effectiveness of certification is constrained by limited certified trainers and assessors, unequal distribution of certified investigators, and weak integration of competency supervision among internal units. The study concludes that investigator certification is an effective legal and managerial instrument to improve investigation quality, provided it is supported by strengthened internal regulations, digitalized training and assessment systems, and an integrated performance-based evaluation framework.
Legal Vacuum in Regulating the Status of Refugees and Asylum Seekers in Indonesia as a Consequence of Non-Ratification of the 1951 Convention and the 1967 Protocol Ratna Pristiana Mulya; Rineke Sara
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.458

Abstract

There is a legal void concerning the status of refugees and asylum seekers because Indonesia has not yet joined the 1951 Convention on the Status of Refugees and its 1967 Protocol. Current national laws, especially Presidential Regulation No. 125 of 2016, provide only technical guidelines for administrative matters, such as shelter and inter-agency coordination, without regulating the substantive legal status or basic rights of refugees. This situation results in the absence of a national mechanism for determining refugee status and complete dependence on the United Nations High Commissioner for Refugees (UNHCR), ultimately weakening Indonesia's legal sovereignty. From a social, political, and economic perspective, the presence of refugees creates additional burdens for local governments, potential conflict with local communities, and challenges in international diplomacy, particularly with the refugees' final destination countries. Human rights aspects are also affected, as refugees often lack adequate access to education, health care, and employment, increasing their vulnerability. This article emphasizes the importance of normative steps such as ratifying the 1951 Convention and the 1967 Protocol, drafting specific legislation regarding refugees, improving inter-agency cooperation by working with global institutions like the International Organization for Migration (IOM) and the UNHCR. A human rights-based policy approach that consistently considers national security interests is a solution that can balance humanitarian moral obligations with state sovereignty. In this way, Indonesia is expected to be able to provide more comprehensive protection for refugees while maintaining its international reputation
Reconstruction of Notary Responsibility Arrangements in the Preparation of Digital-Based Authentic Deeds to Ensure Legal Certainty in the Era of Technological Transformation Anisa Syamsiah Soraya; Rineke Sara
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32860

Abstract

This study aims to analyze and reconstruct the regulation of notary responsibilities in the creation of digitally authentic deeds to ensure legal certainty in the era of technological transformation. The Civil Code, Notary Law, and Electronic Information and Transactions Law are reviewed as part of the normative juridical research method, which takes a statutory and conceptual approach, and various related legal doctrines. The results indicate that the current legal construction remains conventional and formalistic, thus incapable of accommodating digitally based notarial practices. It creates a legal vacuum, disharmony of laws and regulations, and unclear boundaries of notary responsibilities in the digital space, which impacts legal uncertainty. Therefore, regulatory reconstruction is needed through a redefinition of the concept of electronically authentic deeds, a reformulation of notary authority in cyber notary practice, and an affirmation of notary legal responsibilities in electronic systems. Furthermore, harmonization of notary regulations and electronic transaction law, as well as the establishment of an integrated digital notary system, are strategic steps to achieve legal certainty and legal protection for all parties.
The Criminalization of Polygamy in Indonesia’s New Penal Code: Perspectives of Legal Certainty and Gender Justice M. Johan Pakpahan; Rineke Sara
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32862

Abstract

This study examines the criminalization of polygamy under Indonesia’s new Penal Code, with particular emphasis on legal certainty and gender justice. The study is grounded in the normative tension between criminal law and marriage law in Indonesia, where polygamy remains conditionally permissible under marriage law but may give rise to criminal liability when legal requirements are violated. This research employed a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of legislation, court decisions, and relevant legal scholarship. The findings indicate that the criminalization of polygamy under the new Penal Code still leaves room for legal uncertainty, particularly regarding the distinction between lawful polygamy and punishable conduct. Moreover, from the perspective of gender justice, the current legal framework has not yet provided optimal protection for women and children as vulnerable parties. Therefore, a comprehensive reconstruction of criminal law policy is required in order to establish a more coherent and human rights-oriented legal framework. Such reform is essential to achieving legal certainty and gender justice in the regulation and practice of polygamy in Indonesia.
Samenloop in The Form of A Criminal Act of Joint Persecution or Participation in The Victim of Wrongful Arrest Committed by The Police Implications for Justice Tubagus Ahmad Ramadan; Rineke Sara
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1632

Abstract

The phenomenon of samenloop in cases of wrongful arrest by police officers in Indonesia poses serious implications for justice and public trust. This issue arises from structural and cultural weaknesses in the policing system, leading to persecution, abuse of authority, and falsification of evidence against victims. This study aims to analyze the factors causing samenloop and its impact on victims and the criminal justice system. Using a qualitative approach, the research examines 50 documented cases of wrongful arrest from 2019 to 2023, identifying patterns of violations and systemic shortcomings. The findings reveal that samenloop frequently stems from inadequate accountability mechanisms, poor human rights training, and entrenched organizational cultures that enable misconduct. The consequences include psychological harm to victims, erosion of public confidence, and inefficiencies in the justice system. This study concludes that addressing samenloop requires comprehensive reforms, including strengthening legal frameworks, enhancing human rights-based training for police officers, and fostering a culture of accountability within police organizations. These measures are essential to uphold justice and rebuild public trust in law enforcement institutions.