Lyandova, Vanka
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Legal protection for doctors’ work safety in handling Covid-19 cases reviewed based on Saddu al-Dzari’ah Rizka, Rizka; Junaidi, Muhammad; Lyandova, Vanka; Ab.Rahman, Rozanah
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.22259

Abstract

Legal protection for doctor's work safety during the Covid 19 pandemic has not received optimal preventive action from the government with the data showing that the death of health workers in Indonesia accounts for the highest in Asia. This study aims to discuss the concept of legal protection for doctors' work safety in handling Covid-19 cases on the basis of Saddu al-Dzari'ah. The main data source for this study's juridical-normative methodology consisted of secondary data from written legal materials quantitatively examined to provide analytical descriptive data. Results show that legal protection for the safety of doctors in dealing with Covid-19 cases cannot be as required and correctly implemented in the legislation; in reality, the rights of doctors are still neglected and not fulfilled. The government's failure to take preventive measures to offer legal protection for doctors means that mafsadat (injury) in managing Covid-19 cases persists, which is also evidenced by the number of doctors who died from Covid-19. Our findings suggest the importance of having the concept of legal protection for doctors in handling Covid-19 cases based on Saddu al-Dzari'ah so that doctors get comprehensive protection.
Islamic nomocracy: from the perspectives of Indonesia, Spain and Russia Wibowo, Sugeng; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Ramon, Tomás Mateo; Budiono, Arief; Lyandova, Vanka
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.25358

Abstract

The Indonesian Islamic nomocracy paradigm has a long history and a cultural relationship with the national struggle that coincides with political and religious orientations. The Islamic nomocracy is inseparable from the relationship between Islam and the state rather than being linked to Islamic doctrine and power. This research employed the normative sociological method. It used a philosophical approach from Barbour’s paradigm of the relationship between religion and science and Habermas’ thought on religion in public spaces. This research strives to analyze the Islamic nomocratic paradigm pattern prior to Indonesian independence as a crucial stage that influences the following eras, namely the post-independence era, the Old Order Era, the New Order Era, and the Post-Reformation era up to now. This research aims to find the basics and the development of the Islamic nomocracy in the Indonesian legal system. The roots of the Islamic nomocracy legal thought in Indonesia can be traced to the pre-independence era. In the development of Islamic kingdoms, there was a dialog and integration process between the Islamic nomocracy and the kingdom government. After the War of Java, the conflict and independence pattern was formed. Before Indonesian independence, the Islamic nomocracy thought developed into Pan Islamism which tended to be conical to legal formalization through the caliphate system. After Indonesia’s independence, some of the Islamic nomocracy legal thought recognized the state as one of the legal systems in Indonesia besides customary law and positive law. Then, Indonesia became a partly-Islamic Legal State with a constant up-and-down relationship with the state. The authors also completed this paper with perspectives of Spain and Russia as both have been ruled under Muslim governance.