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Legal Normative Analysis of Social Duty Of Hospital As Reviewed From Law Number 17 Of Year 2023 Concerning Health By Regional Public Hospital (Case Study Sultan Syarif Mohammad Al Kadri Pontianak Regional General Hospital) Josepb Nugroho Halomoan Simarmata; Siti Nurhayati; Bambang Fitrianto
International Journal of Society and Law Vol. 3 No. 2 (2025): Agust 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Hospital is the most important part of providing specialized healthcare service tocitizen in Indonesia. But there is concern about the healthcare that is provided at hospitals became profit oriented rather than social purpose. Every legal product about hospitals always mentions about the social function of hospitals. As time flies, the health law in Indonesia that is dynamic already changes, is the Law that rules about hospital social function still relevant?. The method used in this research is normative juridical research by reviewing the obligation to do hospital social function and social-spirited function by the regency general hospital such is implementing Regional Public Service Agency financial management pattern with the legislative approach. The result is hospital social function that is mentioned in Law number 17 of Year 2023 concerning Health is using the exact word that was mentioned in Law produced fourteen years ago. So this Law seems ineffective as there are so many changes in Legal Health reality as long as that period of time. The conclusion is there was a lack of caution in the processes of Legal Product Production as cause if the problem, so a change in regulation of hospital social function is needed to make sure it is relevant to date.
Analysis of Losses Experienced by Gakoptas in the Dispute Case with PT Torus Ganda: Legal and Economic Perspective: Case Study Analysis of Supreme Court Decision No.2642/K/PID/2006 Aura Preety Adisty; Muhammad Dzaky Epindo; Anu Berkat Kornelius Gulo; Bambang Fitrianto
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.628

Abstract

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.
IMPLEMENTATION OF PATIENT SERVICES IN THE EMERGENCY INSTALLATION OF PORSEA REGIONAL PUBLIC HOSPITAL Siska Tuanita L. Tobing; Bambang Fitrianto
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.v3i2.143

Abstract

Emergency Services are medical actions needed by emergency patients immediately to save lives and prevent disability. The problems in this study include how the legal relationship between doctors and patients in the Emergency Installation medical services according to health law in Indonesia, how the implementation of medical services to patients in the Emergency Room of the Porsea Regional General Hospital, and what form of legal protection regarding the actions of doctors in providing patient services in the Emergency Room of the Porsea Regional General Hospital. This study uses an empirical legal method with a descriptive analysis approach. Data were obtained through interviews, observations, and legal document studies. The legal relationship between medical and health personnel and patients in medical services in the emergency installation of a hospital according to health law in Indonesia is based on the principle that informed consent must be obtained before medical action is taken, especially in an emergency. The implementation of medical services for patients in the Emergency Room of Porsea Regional General Hospital has generally referred to a well-structured SOP, starting from the triage process to assess the patient's level of emergency to medical and administrative treatment. The form of legal protection for the actions of doctors in providing patient services in the Emergency Room (IGD) of Porsea Regional General Hospital focuses on the doctor's obligation to act quickly and appropriately in emergency situations, even though the patient cannot provide direct consent. Porsea Regional General Hospital also provides legal protection through the socialization of medical ethics and law, legal assistance for medical personnel in the event of a medical dispute, and a good documentation system to ensure that all medical actions are in accordance with applicable operational standards and procedures. Researchers recommend improving understanding of health law and therapeutic communication by medical personnel, periodic evaluation of SOPs by hospitals, and routine training on legal and ethical aspects of medicine, especially regarding the handling of emergency patients without consent to improve the quality and protection of services.
Pembocoran Rahasia Dagang Perusahaan oleh Mantan Karyawan : Perlindungan Hukum dan Klausula Rahasia Dagang Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.5746

Abstract

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.
Kontrak Kerja: Analisis Hukum dan Implementasi Muhammad Iqbal Rifai; Yopa Emalia Fajarini; Reinhard Silaen; Bambang Fitrianto
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.6052

Abstract

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.
LEGAL ANALYSIS OF JUDGES' CONSIDERATIONS IN DECIDING ON CURRICULUM RIGHTS OVER CHILDREN BY THE FORMER WIFE TO THE FORMER HUSBAND ACCORDING TO THE COMPILATION OF ISLAMIC LAW (Decision Study number 155/Pdt.G/2024/PA.Bji) Sonia Salsabilah; Bambang Fitrianto; Henry aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

Determination of custody of children under the age of 12 after divorce is usually guided by Article 105 of the Compilation of Islamic Law (KHI), which normatively mandates that child custody be granted to the mother. This research focuses on examining two main issues: the legal factors that influence the determination of child custody rights to the plaintiff, and how the court considers these legal factors in issuing a child custody decision. This research was conducted using a normative legal perspective using qualitative methods, based on an analysis of Decision No. 155/Pdt.G/2024/PA.Bji. The results show that the panel of judges did not adhere strictly to the literal meaning of Article 105 of the KHI, and preferred a more adaptive interpretation, adapting it to concrete conditions in the field. Although both parents are considered capable of caring for the children, the author argues that full custody should still be granted to the mother, considering that the children are still very young and emotionally closer to the mother in their daily lives.
CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF FORGERY OF COVID-19 CERTIFICATES (Study of Bitung District Court Decision Number 141/Pid.B/2021/PN Bit) Mayang Sari; Dahlan; Bambang Fitrianto
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2043

Abstract

The crime of forgery is a crime that contains elements of untruth or falsehood of an object that appears from the outside as if it is true, when in fact it is contrary to the real thing. This study aims to examine and analyze legal arrangements regarding the alleged forgery of Covid 19 swab certificates according to laws in Indonesia, the legal consequences committed by perpetrators of crimes related to the forgery of Covid 19 swab certificates and legal liability for perpetrators of the crime of forging Covid 19 swab certificates based on the decision of the Bitung district court Number 141/Pid.B/2021/PN Bit. This research method uses a type of normative juridical research that is descriptive analytical. The data sources obtained using secondary data are based on primary and secondary legal materials. The data collection technique used is a literature study. Legal arrangements related to alleged forgery of letters, especially doctors' certificates in Indonesia, have been regulated in the Criminal Code, especially Articles 267 and 268. Bitung District Court Decision Number 141/PID. B/2021/PN Bit emphasized that the application of criminal sanctions for falsifying Covid 19 swab certificates is a criminal conviction contained in the Criminal Code, namely article 268. The application of strict and definite punishment is urgently needed to prevent criminal behavior and provide a deterrent effect for other individuals who have the potential to commit similar acts.