Ronald Saija, Ronald
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Penggunaan Persetujuan Medis Sebagai Alat Bukti Tamher, Gunawan; Saija, Ronald; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.868

Abstract

Introduction: Informend Consent is an agreement that is given after receiving information. Approval of action to be taken by the doctor must be done without any element of coercion.Purposes of the Research: The purpose of this paper is to determine the use of Informend Consent as evidence in civil disputes and the factors that influence it. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Saija, Ronald; Letsoin, Fransiscus X. V. R; Akyuwen, Rory Jeff; Radjawane, Pieter
SASI Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.