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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Mahadi : Indonesia Journal of Law Acta Law Journal
Hilbertus Sumplisius M. Wau
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Yuridis Atas Kasus-Kasus Perbuatan Melawan Hukum Bidan Di Masyarakat T. Keizerina Devi Azwar; Chastry Meher; Marice Simarmata; Hilbertus Sumplisius M. Wau
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.10267

Abstract

This study aims to find out and analyze the responsibility of a midwife for unlawful acts that occur and are carried out in the midst of society. The profession of a midwife must provide health services including maternal health, child health, women's reproductive health and family planning based on responsible, accountable and competent services. However, in practice there are always individuals who commit violations and negligence that are against the law in society. The issues raised from this study are how to regulate unlawful acts by midwives and the extent of midwives' responsibility for PMH carried out in the community. The research method used is normative juridical research which is descriptive analytical using literature and case techniques supported by secondary data. Data analysis was carried out using qualitative research methods. The results of this study indicate that the regulation of unlawful acts by midwives can be found in Articles 1365, 1366, 1367 of the Civil Code, up to Article 58 of Law Number 36 of 2009 concerning Health. The midwife's responsibility for unlawful acts committed in the midst of the community is given as long as it is proven to have committed a violation and caused the patient to suffer losses due to negligence from the medical action given by the midwife, so that the midwife will be fully responsible such as imposing administrative sanctions starting from written warning sanctions to revoking the license to practice . Furthermore, the imposition of civil sanctions, namely giving compensation to patients, to imposing criminal sanctions due to negligence which resulted in the patient being seriously injured causing death. This study concludes that the imposition of sanctions and reprimands on midwives is given on the basis of the magnitude of the errors and omissions they have made so that the consequences will be midwifery administrative responsibility, civil liability based on unlawful acts, and criminal liability if proven to have committed gross negligence which resulted in the patient being seriously injured up to death. From this study it can be seen that a midwife must and should prioritize a midwife's professional attitude such as the public's expectations of a midwife's profile, for this reason the community expects and wants a midwife to continue to prioritize a friendly, skilled and responsive attitude in their field according to their expertise and competence.
Hypothetical Scenario between Sirius Corporation vs Magma Logistics based on Singapore and Japan Perspective Mahmuddin; Hilbertus Sumplisius M. Wau
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.11497

Abstract

Merger and Acquisition (M&A) is still one of key point in international business law. More and more Asian companies doing the transaction to thrive their business. In essence, M&A is a way of transfer of ownership and control in a business or more corporations. Sirius Corporation and Magma Logistic are two main parties in these issues. We will be conducting research and collect information regarding the hypothetical scenario and conclude the findings. There are several important things need to be highlighted such us jurisdiction, legal rights, and corporation strategies in the event of the transactions. Not only that, but timeline for this transaction also play a pivotal point when the M&A deal occur. A series of details event also included in the timeline in order to gain a deep understanding how the companies interact before the M&A occurs. We also compare how Singapore and Japan law and regulation difference with each other in term of M&A deals for Sirius Corporation and Magma Logistic. I believe these two jurisdictions are the most used for companies in Asian. The main reason because they have strict implementation and practical for business to use not like many others Asian countries.
Limitations on the Use of Social Media in Health Services in Terms of Legislation Tengku Keizerina Devi Azwar; Utary Maharany Barus; Montayana Meher; Hilbertus Sumplisius M. Wau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6073

Abstract

Activities on social media have become a habit that isdifficult for users to leave behind, making theseactivities take place continuously in order to continueto exist on social media. But not all of these activitiesare beneficial, they can also be disastrous for users andeven other people. The urgency of this study is to focuson the limits of the use of social media in health careactivities, which will see and know the rules governingthe limits of the use of social media during health careactivities. Reviewing whether the activity of recordinghealth service activities is justified by law so that itwill not interfere with health service activities. Thisstudy uses normative law which is descriptiveanalytical, using a comparative law and case approach.The data source uses secondary data sources, consistingof primary legal materials, secondary legal materials,and tertiary legal materials. Data collection usesliterature collection techniques with data collectiontools in the form of document studies and legislation,with data analysis using qualitative research. Thisstudy concludes that in Indonesia, activities on socialmedia have not yet been regulated, making it difficultfor justice seekers to gain access if there is abuse ofactivities on social media, especially when providinghealth services
The Validity of Marriage Registration in the Customary Viewpoint Indonesia Puspa Melati; Runtung; Siregar, Mahmul; Zulfi Chairi; Windha; Faradila Yulistari; Lesly Saviera; Saddam Shauqi; Hilbertus Sumplisius M. Wau
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study explores the validity of marriage registration according to customary law in Indonesia and its relationship with national legislation. Marriage registration is a crucial element of the Indonesian legal system, as stipulated in Law Number 1 of 1974 concerning Marriage, which aims to provide legal certainty, ensure the legal status of children, and protect the civil rights of couples. However, many indigenous communities still hold fast to the tradition that traditional marriage ceremonies are sufficient to legitimize a marriage without requiring official registration. This study found that although customary law recognizes the validity of marriages through traditional rituals, the neglect of official registration with state institutions has legal consequences, such as unclear legal status for spouses and children in inheritance and population administration matters. This research underscores the need for policy integration between customary law and national law to ensure that the rights of indigenous communities remain protected without neglecting formal legal requirements. Potential solutions include public education and simplifying registration procedures to make them more user-friendly for Indigenous peoples.
Co-Authors Azwar, Tengku Keizerina Devi Chastry Meher Faradila Yulistari Lesly Saviera MAHMUL SIREGAR Marice Simarmata Montayana Meher Puspa Melati Runtung Saddam Shauqi Solly Aryza T. Keizerina Devi Azwar Utary Maharany Barus Windha