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All Journal Journal of Social Research Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science
Erikson Sihotang
Universitas Mahendradatta, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences

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Implementation of the Principle of Nationalism for Indonesian Citizens Who Carry Out Mixed Marriages Without Separation of Property Related to Ownership of Land Rights in Bali Province Hartono Hartono; Kadek Dedy Suryana; Erikson Sihotang
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 8 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i8.422

Abstract

This research employs a normative-empirical legal research method to analyze the implementation of the principle of nationalism in land law for Indonesian citizens who enter into mixed marriages without prenuptial agreements in relation to land ownership rights in Bali Province. The empirical component involved in-depth interviews with five officials from the Regional Office of the National Land Agency (Badan Pertanahan Nasional or BPN) of Bali Province, eight notaries experienced in mixed marriage documentation, twelve legal practitioners specializing in agrarian law, and case study analysis of 25 mixed marriage property disputes processed through Bali courts from 2019 to 2024. Research objectives include analyzing the application of nationalism-based land law to Indonesian citizens in mixed marriages without property separation agreements and examining the legal consequences. The study reveals that Indonesian citizens are constitutionally entitled to land ownership rights under Article 33(3) of the 1945 Constitution. Main findings demonstrate that the principle of nationalism (grondverponding verbod) in Indonesian land law creates legal complications for mixed marriages. Indonesian citizens who acquire land rights after mixed marriage without property separation agreements face mandatory relinquishment within one year under Article 21(3) of the UUPA, or the land reverts to the state. However, Government Regulation No. 103/2015 provides solutions through court-determined property separation agreements, enabling Indonesian citizens to maintain land ownership rights while married to foreign nationals. The research concludes that urgent legal amendments are needed to balance the principle of nationalism with the constitutional rights of Indonesian citizens in mixed marriages, particularly regarding inheritance and protection of property rights.
Effectiveness Of Civil Judgment Execution In The Semarapura District Court A.A. Sagung Yuni Wulantrisna; Ni Ketut Wiratny; Erikson Sihotang
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.492

Abstract

The execution of civil court decisions is a decisive stage in the enforcement of justice and serves as a test of the effectiveness of the judicial system. This study aims to analyze the effectiveness of the execution of civil judgments at the Semarapura District Court using an empirical juridical approach. The results show that although the legal basis and execution procedures are clearly regulated, their implementation in practice still faces various obstacles. Data from 2022–2024 indicate that only a portion of execution requests are successfully implemented, while the rest fail or are withdrawn due to structural, substantial, and cultural barriers. Key challenges include the limited number of bailiffs, insufficient supporting facilities, unclear court orders, changes in the status of disputed objects, and strong community resistance rooted in local customs and kinship values. The Semarapura District Court has made several efforts, such as increasing coordination with security forces, involving community leaders, providing bailiff training, and digitizing administration. Ultimately, the effectiveness of execution depends on the synergy between legal substance, institutional structure, legal culture, supporting facilities, and the level of legal awareness in society. Multi-stakeholder collaboration is needed to ensure that law enforcement through civil execution is effective, fair, and socially harmonious.
Law Enforcement on The Misuse of "Brong" Exhaust Pipes in The Community Within The Jurisdiction of Bali Regional Police I Made Dwiseptya Wiranta Putra; Erikson Sihotang; Anak Agung Gde Putra Arjawa
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.507

Abstract

The Law Enforcement carried out by the Bali Regional Police in handling the use of brong exhausts is by enforcing traffic regulations, conducting compliant operations, providing services to the community, conducting patrols, conducting raids, and the Bali Regional Police also provide appeals regarding violations or driving regulations in the form of socialization to schools and the community and also providing appeals to shops selling brong exhausts not to sell brong exhausts. The obstacles for the Bali regional police in preventing violations by two-wheeled motor vehicle drivers that occur in their jurisdiction are internal and external obstacles. There are three internal obstacles experienced by the Bali Regional Police Traffic Police, including lack of socialization to the community, limited budget and lack of facilities and infrastructure. In addition to internal obstacles, there are also three external obstacles including lack of cooperation between the traffic police and other agencies related to traffic, low level of legal awareness of two-wheeled motor vehicle drivers, and also non-compliance by drivers with applicable regulations because there are always those who violate them. From these obstacles, the police continue to strive as their obligation to create a safe situation and condition for all parties.
Legal Protection Of The Beautycian Doctor Profession In Legal Dispute Resolution Nancy Gunawan; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

Legislation in Indonesia has provided a lot of legal protection for aesthetic doctors in the form of legal protection for the rights of aesthetic doctors starting from the 1945 Constitution of the Republic of Indonesia, the Civil Code, the Criminal Code, the -Consumer Protection Law, Medical Practice Law, Health Law, Hospital Law, Health Personnel Law, and supported in Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, Regulations Minister of Health Number 290/Menkes/Per/III/2008 concerning Approval of Medical Actions, Minister of Health Regulation No. 36 of 2012 concerning Medical Secrets, Supreme Court Regulation no. 1 of 2016 concerning Mediation Procedures in Court. The role of the Indonesian Doctors Association in supporting the aesthetic doctor profession in resolving legal disputes is as a mediator in selecting expert witnesses. The Indonesian Doctors Association will help its members who are deemed guilty if according to the Indonesian Doctors Association the doctor has carried out procedures in accordance with their professional duties.
Review Of The Implementation Of The Electronic Medical Record System In Health Facility Services Based On The Regulation Of The Minister Of Health Number 24 Of 2022 Concerning Medical Records Ayus Fajar Asrofi; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The implementation of electronic medical records in health facility services based on the Regulation of the Minister of Health of the Republic of Indonesia Number 24 of 2022 imposes an obligation on all health service facilities to maintain electronic medical records, including independent practice places run by health workers and medical personnel. The Ministry of Health can impose administrative sanctions or written warnings as well as recommendations for revoking or revoking accreditation status on health service facilities that commit violations. According to Article 32 of Minister of Health Regulation Number 24 of 2022, the contents of medical records are kept confidential by all parties involved in health services. These parties are health workers who provide health services, leaders of Health Service facilities, personnel related to the financing of Health services (insurance parties), pupils or students who are in charge of treatment and/or information management in Health Service facilities and other parties who have access to patient health data and information in Health Service facilities.
Legal Protection For The Medical Profession In Treating Unconscious Emergency Patients Without Informed Consent Indah Mira Tiaraputri Wijaya; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The legal relationship between doctors and patients is a relationship based on trust. Legal protection for the medical profession in treating emergency patients without medical approval (informed consent) is regulated in Article 1338 of the Civil Code. The agreement remains binding on both parties, even though the conditions in Article 1320 of the Civil Code are not fulfilled, there are laws that specifically regulate informed consent and Article 1354 of the Civil Code, so that the therapeutic agreement or therapeutic transaction still exists and occurs. As a result, doctors are obliged to provide an achievement to the patient, namely making an effort by providing health services as an effort to cure the patient. In carrying out this effort, doctors must do it with all seriousness by using all the abilities and skills they have while being guided by standards.
Legal Protection For Foreign Medical Personnel According To Law No. 17 Of 2023 Concerning Health Juliyanti Tjua; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2176

Abstract

Legal protection for foreign doctors/doctors in carrying out their profession refers to Article 273 and Article 291 (1) of the Health Law. Article 291 paragraph (1) if you comply with professional standards, service standards, rational procedural standards and professional ethics, taking into account the patient's health needs, organizational culture in the hospital or medical institution where the doctor works. Doctors' responsibilities towards patients refer to statutory provisions, including legal, administrative and ethical responsibilities.
Legal Accountability Of Doctors In Conducting Virtual Health Services (Telemedicine) Olivia Julita; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2180

Abstract

The regulations or legal basis for telemedicine regulations in Indonesia are contained in Law Number 17 of 2023 concerning Health and Minister of Health Regulation Number 20 of 2019 concerning the Implementation of Telemedicine Services Between Health Service Facilities and Minister of Health Decree Number 489 of 2021 concerning Telemedicine During the Covid-19 Pandemic . The legal responsibilities of doctors in providing virtual health services (Telemedicine) are civil, criminal and administrative legal responsibilities, while professional responsibilities will be followed up in accordance with the procedures in the medical code of ethics.
Responsibility Of Doctors In Medical Services To Patients According To Laws And Regulations Olivia Pusparini; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2181

Abstract

A doctor's legal responsibility is a doctor's "relationship" to legal provisions in carrying out his profession. The responsibility of a doctor in the field of law is divided into three parts, namely the responsibility of a doctor in the field of civil law (Articles 1365, 1366, 1426) criminal, (Article 322, Article 351, Article 356 of the Criminal Code regarding abuse, Article 359, Article 360, and Article 378 of the Criminal Code regarding acts of fraud and ethical responsibility. Legal protection for patients in health services claiming their rights as regulated in Article 276 of the Health Law, can claim compensation for health workers and/or health providers who cause losses due to errors or negligence of doctors.
Settlement Of Medical Disputes Through Restorative Justice According To Law No. 17 Of 2023 Concerning Health Rudy Adiputra; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2182

Abstract

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.
Co-Authors A.A. Sagung Yuni Wulantrisna Anak Agung Gde Putra Arjawa Ayus Fajar Asrofi Hartono Hartono I Gede Yoga Mahardiana I Made Dwiseptya Wiranta Putra I Nyoman Suandika Indah Mira Tiaraputri Wijaya Juliyanti Tjua Kadek Dedy Suryana Nancy Gunawan Ni Ketut Wiratny Olivia Julita Olivia Pusparini Ronald Suryaprawira Rudy Adiputra