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All Journal Al-Adl : Jurnal Hukum IJLSH
Muhammad Hatta
Faculty of Law, Universitas Malikussaleh, Aceh, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Accountability of Nazir in the Waqf Legal System of Indonesia Ahmad 'Azam bin Mohd Sharif; Nasrullah Nasrullah; Muhammad Hatta; Hidayatullah Hidayatullah
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.9800

Abstract

Good waqf management will provide benefits and contribute to developing the people's economy and alleviating poverty. Nazir greatly influences this in his responsibilities as the manager of waqf assets. This study aims to provide an analysis of Nazir's responsibilities as the manager of waqf assets according to the waqf legal system in Indonesia and an overview of how to revitalize Nazir's status, roles and responsibilities in managing waqf in Indonesia. This research is normative legal research with a statutory regulation approach. The results of this research are that according to Waqf law in Indonesia, Nazir's responsibility in carrying out his roles, duties, functions and authority is one of the things that Nazir bears. Mistakes made by Nazir in managing waqf will have an impact on problems of administrative sanctions and even criminal. However, along with the weight of Nazir's responsibility, it has yet to be accompanied by the Indonesian waqf legal system favouring Nazir. One way to revitalize Nazir's status, roles and responsibilities are by revising or reconstructing the Law on Nazir in waqf law in Indonesia to include nazir in one of the pillars of waqf.
Legal Analysis of Medical Malpractice Cases Based On Supreme Court Decision Number 85/Pdt/2021/PT.PAL Afwan Ridha; Dafrinaldi; Muhammad Hatta; Ikramsyah Irwali
International Journal of Law, Social Science, and Humanities Vol. 3 No. 1 (2026): IJLSH - March 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v3i1.274

Abstract

This study examines the legal aspects of Supreme Court Decision Number 85/Pdt/2021/PT.PAL relating to alleged medical malpractice in Indonesia. The research focuses on analysing the judges' legal considerations, the application of medical professional standards, and the forms of legal liability of medical personnel from civil, criminal, and professional perspectives. The research uses a normative legal method with a case approach and a statute approach. The results show that in the decision, the judge applied the prudence principle and the lex artis ad hoc doctrine, which is the assessment of medical actions based on professional standards at the time the action was performed, not based on the final outcome. The judge emphasised that in order to prove medical malpractice, three main elements must be fulfilled: negligence of professional standards, actual harm to the patient, and a direct causal relationship between the two. The criminal liability of doctors is ultimum remedium, so it can only be applied if there is proven gross negligence or intent that causes serious harm. This ruling strengthens legal certainty and protection for doctors who have acted in accordance with professional standards, while also providing legal guidelines for the protection of patients' rights.
Co-Authors Afwan Ridha Ahmad 'Azam bin Mohd Sharif Dafrinaldi Hidayatullah Hidayatullah Ikramsyah Irwali Nasrullah Nasrullah