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Sinambela, Hotman
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Law, Crime, Criminology & Criminal Justice

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Kajian Hukum tentang Pengalihan Benda Jaminan Fidusia Tanpa Persetujuan Tertulis dari Penerima Fidusia: (Studi Kasus Putusan Nomor 244/Pid.Sus/2021/PN. Grt) Sane, Mardiman; Sinambela, Hotman
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1678

Abstract

Abstract The transfer of fiduciary collateral objects without the creditor's approval is still often carried out by debtors, which according to the provisions cannot be done without the creditor's approval but is still carried out by the debtor, where when the debtor has difficulty paying off his receivables, there is no longer a collateral object that can be executed by the creditor in lieu of paying off the receivables. debtor. The formulation in this research is how to apply the law to perpetrators of criminal acts of transferring objects that are the object of fiduciary collateral without the written consent of the fiduciary recipient and what the judge's legal considerations are in handing down decisions regarding the transfer of objects that are the object of fiduciary collateral without the written consent of the fiduciary recipient in decision number 244/Pid.Sus/2021/PN Grt. The research method used in this research is a normative juridical research method. The normative juridical approach isan approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. Furthermore, based on the provisions in Article 36 of the Fiduciary Law, a Fiduciary Giver who transfers, pawns or rents out objects that are the object of Fiduciary Guarantee as intended in Article 23 paragraph (2) without prior written approval from the Fiduciary Recipient, will be punished with a crime. maximum imprisonment of 2 (two) years and a maximum fine of IDR 50,000,000 (fifty million rupiah). And the judge's legal considerations in handing downthe verdict in Decision Number 244/Pid.Sus/2021/PN Grt refer to the article charged by the public prosecutor against the defendant under Article 36 Jo. Article 23 paragraph (2) Law No. 42 of 1999 concerning Fiduciary Guarantees. Based on the facts revealed during the trial, the Judge concluded that all the elements of the article were fulfilled so that the defendant was legally and convincingly proven guilty of committing the crimi al act of transferring objects that were the object of fiduciary collateral without the written consent of th e Fiduciary Recipient.
Rekonstruksi Perlindungan Hukum bagi Dokter dalam Praktik Telemedicine: Perspektif Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan Wijaya, Hadi; Pardede, Charles DL; Sinambela, Hotman
Jurnal Hukum Lex Generalis Vol 6 No 12 (2025): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i12.1889

Abstract

The development of information technology has brought significant changes in the health sector, one of which is the practice of telemedicine that enables medical services to be provided without spatial and temporal limitations. However, the presence of telemedicine raises new issues related to legal protection for doctors as professionals who perform their duties in accordance with ethical and legal standards. This article aims to analyze the forms of legal protection for doctors in the practice of telemedicine under Law Number 17 of 2023 concerning Health and to identify the challenges encountered in its implementation. This study employs a normative juridical method with statutory and conceptual approaches, supported by the analysis of justice theory, legal certainty, and legal protection. The findings indicate that there are six main forms of legal protection: protection of professional rights and obligations, legal certainty in service standards, liability mechanisms, guarantees of patient data confidentiality, administrative protection through licensing, and ethical protection through professional organization supervision. Nevertheless, its implementation faces several obstacles, such as limited detailed technical regulations, disharmony of norms across legislations, weak digital infrastructure, low legal and technological literacy among medical professionals and patients, and challenges in law enforcement. In conclusion, legal protection for doctors in telemedicine already has a sufficiently strong normative basis, yet remains suboptimal in practice. Therefore, regulatory reconstruction, strengthening the role of professional organizations, and improving human resources and infrastructure are required to establish telemedicine that is accountable, safe, and fair for all parties.
Co-Authors Hadi Wijaya Pardede, Charles DL Sane, Mardiman