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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Literacy : International Scientific Journals of Social, Education, Humanities Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) International Journal of Economic, Technology and Social Sciences (Injects) International Journal of Law and Society Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice International Journal of Society and Law
Bambang Fitrianto
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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The Problematic Management Of Waqf In Subulussalam (The Overlap Between Law Number 41 Of 2004 And Qanun Aceh Number 10 Of 2018) Endang Suhendra; Henry Aspan; Bambang Fitrianto
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.977

Abstract

The Indonesian Waqf Board, abbreviated as BWI, is an independent institution established by the government to implement and develop waqf in Indonesia based on Article 47, paragraph 1 of Law Number 41 of 2004. Aceh is part of Indonesia within the scope of this legislation. However, because Aceh is a unique and autonomous region, Aceh has the authority to form its regulations governing Islamic law, including religious assets as regulated in Law Number 11 of 2006 concerning the Government of Aceh. Religious assets referred to in the law include zakat, infaq ṣadaqah, and waqf for the institution that regulates the management rights is an institution of specialty and specificity in the Government of Aceh and District / Municipal Government which, in carrying out its duties is independently authorized to maintain, maintain, manage and develop zakat, infaq, waqf assets and other religious assets, namely Baitul Mal by Aceh Qanun No. 10 of 2018 concerning Baitul Mal. The existence of two different institutions that manage waqf has resulted in the problematic management of waqf in Aceh and the overlapping rules and authorities of each institution. This research is a normative-empirical research with the category of live-case study based on empirical observations of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018 to analyze the Law used in the management of Waqf in Subulussalam Aceh. The normative legal research method is focused on analyzing legal documents and applying a library research approach. At the same time, the empirical legal research method requires direct observation, so research activities involve direct observation of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018.
THE ROLE OF MUI OF NORTH SUMATRA AND BPJPH OF THE MINISTRY OF RELIGIOUS AFFAIRS IN MONITORING PRODUCT HALAL STANDARDS CHALLENGES AND STRATEGIES IN CONSUMER PROTECTION Bambang Fitrianto; Aulia Rahman Hakim Hasibuan; Harun Firman Kurniansyah
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.50

Abstract

In the era of globalization, the demand for halal products is increasing, especially in Indonesia, which has the largest Muslim population in the world. The Indonesian Ulema Council (MUI) of North Sumatra and the Halal Product Assurance Agency (BPJPH) of the Ministry of Religious Affairs play an important role in ensuring that products in circulation meet the established halal standards. This study analyzes the challenges faced by both institutions in overseeing halal standards, including complex coordination and supervision issues. Using a normative-sociological approach, data were collected through literature studies and analyzed qualitatively. The results of the study indicate that regulatory harmonization, information technology development, and public education are the main strategies implemented to strengthen the halal product assurance system. In addition, strict law enforcement is also identified as a key factor in protecting consumers from products that do not meet halal standards. This study emphasizes the importance of cross-institutional cooperation and technological innovation to ensure justice and legal certainty in protecting Muslim consumers in Indonesia.
LEGAL PROTECTION FOR CREDITORS IN BANKRUPTCY PROCESSES REVIEWED FROM BANKRUPTCY LAW NO. 37 OF 2004 Ihsan Hamdi Armaoyuda Siregar; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.98

Abstract

Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) is a legal framework that regulates bankruptcy procedures in Indonesia, aimed at protecting creditors' rights in cases of debtor failure to fulfill their obligations. However, the existing protection is often inadequate, especially for concurrent creditors who do not have collateral for assets. The focus of this study is to evaluate the effectiveness of UUK-PKPU in protecting creditors, especially in conditions where the debtor's assets are insufficient. The methodology used is a normative legal approach with analysis of related documents and literature. The results of the study indicate that, although bankruptcy is regulated in detail, its implementation has not been effective in providing protection to concurrent creditors. Separatist creditors are given priority through execution rights, while concurrent creditors often lose the opportunity for debt recovery due to limited assets. The actions of debtors who hide assets have also not been dealt with firmly. The research recommendations include changes to the Criminal Code to increase sanctions for criminal acts of bankruptcy, development of credit insurance products, and strengthening the role of curators in auditing shareholders, which aim to create a fairer and more effective bankruptcy system.
LEGAL PROTECTION FOR NURSES IN IMPLEMENTING PROFESSIONAL AND INDEPENDENT HEALTH SERVICES (STUDY AT MURNI TEGUH MEMORIAL HOSPITAL) Yusuf Sitinjak; Mhd. Azhali Siregar; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i1.123

Abstract

Health services are defined as the provision of health efforts in a series of maintenance and improvement of personal health levels, all health service activities are carried out based on legal principles contained in binding regulations.Nursing as an integral part of health services has great leverage in health development efforts.The purpose of this study is to determine and examine the role and responsibilities of nurses in the implementation of professional and independent health services, and to determine and examine legal protection for nurses in the implementation of professional and independent health services. The preparation of this Thesis uses the Normative-Empirical Research Method used in the form of literature, journals, scientific articles and laws and regulations as well as related documents from various written sources related to the research and supported by empirical research in the form of interview results with various related parties. Then analyzed using qualitative analysis techniques and presented descriptively. The results of this study are: (1) The function of nurses in nursing practice consists of independent functions, interdependent functions and dependent functions. In relation to these functions, nurses have the ability to be responsible in carrying out their functions; (2) Legally, the nursing profession receives legal protection based on Article 53 paragraph (1) of Law Number 23 of 1992 and Article 1367 paragraph (1) of the Civil Code and Article 1367 paragraph (3). Based on these findings, Article 273 of Law Number 17 of 2023 concerning Health provides legal protection for health workers and medical personnel who carry out medical actions in health services. Health workers who are proven to be negligent can be subject to legal sanctions as referred to in Article 440 paragraphs (1) and (2); However, before being subject to criminal sanctions, the problem must be resolved through non-judicial channels as referred to in Article 310 of the Law. Medical personnel are not subject to sanctions if they can provide evidence that their work and actions are in accordance with professional standards, professional service standards, operational procedure standards, professional ethics, and patient requirements.
CIVIL LIABILITY OF COMPANIES THAT COMMIT FOREST DESTRUCTION FROM THE PERSPECTIVE OF ENVIRONMENTAL LAW IN INDONESIA Alya Amanda; Laura Yolanda Hutabarat; Fany Annisa Nst; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.66

Abstract

This study examines the civil liability of companies that damage forests from the perspective of Indonesian environmental law. The main focus of the study is to evaluate how effective the implementation of the principle of liability in the context of environmental protection, especially through strict liability mechanisms. This study uses a normative legal approach with secondary legal materials and primary legal materials as data sources. Data collection techniques are carried out through literature and documentation studies and qualitative analysis using a descriptive approach. The results of the study indicate that the implementation of strict liability can improve corporate accountability; however, to clarify the accountability mechanism and improve public access to justice, the legal system still needs to be changed.
CIVIL LIABILITY OF NURSES IN THERAPEUTIC AGREEMENTS IN LAW NO. 17 OF 2023 AND EFFORTS TO PREVENT VIOLATIONS OF THE LAW IN THERAPEUTIC AGREEMENTS Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.67

Abstract

Nurses have a very important role in supporting the quality of hospital services and public health services. Nurses are the spearhead and are often used as indicators of the quality of health services and play a role in determining the level of patient satisfaction. However, in practice, it is possible that negligence or errors made by health workers can occur which can have fatal consequences for patients. In this regard, nurses as medical personnel cannot be separated from the legal consequences of therapeutic transactions carried out as accountability for losses arising from negligence by health workers in carrying out service duties, this is regulated in Article 308 of Law No. 17 of 2023 concerning Health. The purpose of writing this journal is to determine the legal consequences of therapeutic transactions as civil liability for nurses in public health services. The method used in this thesis is normative legal research, with data collection through library research and related laws and regulations. Based on the results of the research conducted, the legal consequences of therapeutic transactions as civil liability for nurses in public health services are that health workers working in hospitals are also held legally accountable if they meet the requirements as stated in Article 308 of Law No. 17 of 2023 concerning Health, namely: Medical Personnel and Health Personnel who are held accountable for actions/deeds related to the implementation of Health Services that are detrimental to Patients in a Civil Law. Thus, civil liability in a therapeutic health service agreement, the perpetrator can be sued on the basis of breach of contract for the medical agreement made (Article 1243 of the Civil Code) and unlawful acts (Article 1365 of the Civil Code) if they have received a recommendation from the professional disciplinary council as Article 304 of Law No. 17 of 2023.
Legal Protection For Consumers In Online Transactions Involving Counterfeit Branded Bags: A Review Based On Law Number 8 Of 1999 Concerning Consumer Protection Ferdy Chalik; Dina Andiza; Bambang Fitrianto
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 5 No. 2 (2024): October 2024
Publisher : CERED Indonesia Institute

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

Abstract

The development of online transactions has made it easier for consumers to buy various products, including branded bags. However, this also increases the risk of the circulation of fake branded bags which is detrimental to consumers. Many buyers are deceived by cheaper prices and inaccurate information from sellers. Based on Law Number 8 of 1999 concerning Consumer Protection, consumers have the right to obtain goods that match the description and the right to compensation if a violation occurs. Therefore, this study aims to examine the legal regulations and legal protection efforts for consumers in online transactions of fake branded bags. This study uses a normative legal research method with a descriptive-analytical approach. Data were collected through a literature review covering primary, secondary, and tertiary legal materials, then analyzed qualitatively to understand the application of legal protection in online transactions. The results of the study show that although there are regulations governing consumer protection, their implementation still faces obstacles such as weak supervision of online transactions and a lack of consumer awareness of their rights. Consumers who are victims can file a complaint with the Consumer Dispute Resolution Agency (BPSK), file a civil lawsuit, or report to the authorities. To create a safer and fairer online trading ecosystem, there needs to be increased supervision, consumer education, and more specific regulations related to digital trading. In addition, law enforcement against business actors selling counterfeit goods must be tightened, so that it can provide a deterrent effect and ensure that consumer rights can be protected effectively.
THE IMPLEMENTATION OF RECONSTRUCTIVE AND AESTHETIC PLASTIC SURGERY AT RSUP H. ADAM MALIK MEDAN: COMPLIANCE WITH HEALTH REGULATIONS IN INDONESIA BASED ON LAW NO. 36 OF 2009 Arya Tjipta Prananda; Fitri Rafianti; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.36

Abstract

Plastic surgery, including reconstructive and aesthetic procedures, is increasingly significant in healthcare systems worldwide. In Indonesia, plastic surgery practices are governed by several health regulations, including the Health Law No. 23 of 1992 and the Medical Practice Law No. 19 of 2004. However, challenges in regulatory compliance and enforcement continue to affect patient outcomes. This study investigates how these procedures are implemented at RSUP H. Adam Malik Medan, particularly in light of existing health regulations. Using a qualitative approach, including interviews with healthcare professionals and patients, this research aims to identify gaps in legal compliance, patient safety, and ethical considerations in plastic surgery practices. The findings suggest a need for stronger regulatory oversight, better practitioner training, and improved patient education on informed consent and surgical risks.
AGRARIAN CONFLICT AND CIVIL LAW IN MANAGEMENT OF C OIL MINING IN THE BATANG TORU PROTECTED FOREST AREA SOUTH TAPANULI Vivian Hasra Sitompul; Bastian Romual s; Muhammad Dzaky Epindo; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.68

Abstract

Management of Class C Mining in the Batang Toru protected forest area, South Tapanuli, is one of the crucial issues that triggers agrarian conflicts, especially related to the rights of customary law communities (MHA). This study aims to examine the civil law aspects in the management of Class C Mining and its implications for agrarian conflicts involving MHA. The agrarian conflict case in Batang Toru shows violations of civil regulations related to forest area use permits, business use rights, and utilization of natural resources. A descriptive qualitative approach is used in this study with a document analysis method of the National Inquiry report of the National Human Rights Commission and related government policies. The findings of this study indicate that agrarian conflicts in this area are driven by weak government supervision of the issuance of business permits, as well as rampant violations of MHA rights due to exploitation of natural resources that do not comply with legal procedures. The cases of PT. Gemala Borneo Utama and PT. Selantai Agro Lestari are real illustrations of how weak cross-sectoral government coordination has an impact on the sustainability of agrarian conflicts. In addition, the implementation of civil law in dispute resolution is still minimal due to the absence of cross-sectoral institutions that have full authority to handle agrarian conflicts comprehensively
CIVIL LEGAL ASPECTS IN INSURANCE AGREEMENTS (RESEARCH STUDY OF PT PRUDENTIAL LIFE ASSURANCE) Robby Tandean Oei; Bambang Fitrianto; Hasdiana Juwita Bintang
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.142

Abstract

This study discusses life insurance products accompanied by long-term investments from PT Prudential Life Assurance, which offers protection for insured by considering high risks related to market fluctuations and global economic uncertainty. This insurance product requires an in-depth understanding related to the legal arrangements for the insured, the legal liability of the insurance company in fulfilling claims, and the dispute resolution mechanism between the two parties. Therefore, it is important to research various legal aspects related to the implementation of life insurance products, especially those related to claim obligations, dispute resolution, and the difference between sharia and conventional insurance premiums. The formulation of the problem in this study is how the legal arrangements relate to life insurance products and what are the forms of legal liability that must be fulfilled by insurance companies in the claims process. This study aims to: 1) analyze the form of legal protection of the insured in the payment of life insurance claims, 2) examine the responsibility of insurance companies in the payment of life insurance claims, and 3) compare the form of dispute resolution and the difference between sharia and conventional insurance premiums. The methods used in this study are normative juridical approaches and empirical juridical approaches. The normative juridical approach is used to analyze legal provisions relevant to life insurance products, be it laws and regulations, agreements in insurance policies, or legal principles that govern legal protection for the insured. An empirical juridical approach is used to dig into data from practice in the field, which involves interviews with relevant parties in insurance companies and analysis of cases related to insurance claims. The data used in this study consisted of: 1) company policy documents and insurance policies, 2) laws and regulations governing the life insurance industry, 3) interviews with parties involved in the claims mechanism and dispute resolution, and 4) case studies related to insurance claims. The conclusion of this study shows that: 1) Legal protection for the insured in the payment of life insurance claims has been regulated in the applicable legal provisions, both through laws and regulations and clauses in the insurance policy, 2) The responsibility of insurance companies in the payment of claims is strictly regulated in the Consumer Protection Law, the Civil Code, and the Law on Insurance Business, 3) The settlement of insurance claims disputes is generally carried out through institutions Arbitration is in accordance with the terms of the policy, but can also be conducted through legal channels if there are no arbitration clause. The difference between sharia and conventional insurance premiums lies in the legal basis and the fund management mechanism, although both have similar basic principles in terms of legal protection for the insured.
Co-Authors Adri Sadewa Sirait Alya Amanda Anu Berkat Kornelius Gulo Arya Tjipta Prananda Aulia Rahman Hakim Hasibuan Aura Preety Adisty Bastian Romual s Berkat Perjuangan Ndruru Dahlan Dina Andiza Endang Suhendra Fany Annisa Nst Ferdy Chalik Harun Firman Kurniansyah Hasdiana Juwita Bintang Henry Aspan Ihsan Hamdi Armaoyuda Siregar Josepb Nugroho Halomoan Simarmata Laura Yolanda Hutabarat MAYANG SARI Mhd. Azhali Siregar Muhammad Dzaky Epindo Muhammad Iqbal Rifai Rafianti, Fitri Reinhard Silaen Robby Tandean Oei Roy Nanda Kesuma Siska Tuanita L. Tobing Siti Nurhayati Sonia Salsabilah Vivian Hasra Sitompul Yopa Emalia Fajarini Yusuf Sitinjak