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All Journal Jurnal Hukum Adigama JURNAL USM LAW REVIEW
Fayuthika Alifia Kirana Sumeru
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Law, Crime, Criminology & Criminal Justice Social Sciences

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INSPANNING VERBINTENIS DALAM TINDAKAN MEDIS YANG DIKATEGORIKAN SEBAGAI TINDAKAN MALPRAKTEK Fayuthika Alifia Kirana Sumeru; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Article 28 of the 1945 Constitution states that one of the rights that every human being must have is health. So that in its implementation it provides efforts in the form of health to the community through the provision of appropriate health services. However, medical actions performed by doctors can lead to 2 categories, namely: Inspanning Verbintenis (seek results) and Resultaat Verbintenis (promising results). Inspanning Verbintenis is an agreement or agreement to make maximum efforts in carrying out what has been agreed, while Resultaat Verbintenis is an agreement that will provide concrete results, namely in accordance with what has been agreed. It should be understood that before taking medical action, the patient has the right to know information about the medical action to be carried out which in this case has been regulated in the Regulation of the Minister of Health. It is known that the general public only knows the results, but the actions taken by doctors do not rule out the possibility of producing results that may not be in accordance with the patient's wishes. As well as medical actions that have been appropriate, but in fact cause reactions that may be referred to as malpractice actions due to the results of the reaction to the medical action given.
Legal Status of Transmigration Land Which Has Been Auctioned By The State Assets Service Office and Auction Until The Certificate is Issued Fayuthika Alifia Kirana Sumeru; Tjempaka Tjempaka
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11775

Abstract

This study aims to examine the legal status of land rights that can be owned by transmigration communities and the legal protection that can be taken by the community if they feel disadvantaged. The research method used is normative legal research using a statutory approach and a case approach. The government is holding a transmigration program for population equality throughout Indonesia, therefore, a transmigration area was formed as a residential area and a place of business for the community to improve the community's standard of living. Over time, the need for land has increased because community growth is not comparable to the available land, so it often causes disputes. One example of a land dispute that occurs is transmigration land owned by the community that has changed ownership to company land, where the transmigration land owned by the company was obtained by winning an auction. This study was conducted to determine the appropriate legal system in resolving transmigration land disputes whose land is used as an auction object, as well as to find out about the legal protection received by transmigration communities. The results of the study are that the legal status of transmigration land that is used as an auction object should still belong to the transmigration community because transmigration land cannot be transferred, while legal protection for transmigration communities should mean that the land is not used as an auction object by the local government because it still belongs to the transmigration community.
Co-Authors Hanafi Tanawijaya Tjempaka Tjempaka