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All Journal Cendekia: Journal of Law, Social and Humanities Journal of Private and Commercial Law
Mohd Zamre Mohd Zahir
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Religion Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Role of Communication in Health Services in Indonesia Cut Khairunnisa; masriadi, masriadi; Mohd Zamre Mohd Zahir; Muhammad Hatta; Nurarafah
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 1 No. 3 (2023): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8115983

Abstract

In the principle of informed consent, doctors were obliged to establish communication with patients before carrying out medical treatments. Information from the doctor became a guideline or consideration for patients in making a choice (freedom to choose) and gave approval to the doctor to carry out medical action to them. The obligation of doctors to effectively communicate has been regulated in Article 35 and Article 45 of Law No. 29 of 2004 concerning Medical Practice and further strengthened by Regulation of the Minister of Health of the Republic of Indonesia No. 290/ Menkes/ Per/ III/ 2008 concerning Approval of Medical Measures. The effectiveness of communication in health services was an act of caution in medical treatments. Before the medical treatment was carried out, the patient should already knew about the disease, the chances of healing, the risk of medical treatment and the patients were also given alternative methods of other treatments so that the patients has information about the illness and therapy that doctors would do. If communication between patients and doctors is effective, it could prevent medical malpractice.
Expert Witness against the Crime of Medical Malpractice in Indonesia Mohd Zamre Mohd Zahir; Muhammad Hatta; Khairunnisa, Cut; Yati Nurhayati
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 2 No. 1 (2024): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10463968

Abstract

In the legal aspect, the position and role of the doctor as an expert witness is very important. Their expert testimony even plays major consideration in the decision of the judges. However, it is not easy to invite doctors as expert witnesses if the suspects are their colleagues. In addition, the doctor, the expert witness, would give less objective testimony in court to protect their colleagues. Also, it is very rare that expert witness points out different medical measures carried out by the suspects. Proof mechanism by using a doctor as an expert witness is a flaw in law enforcement in cases of medical malpractice. Globally, there are some countries such as the Netherlands, Belgium, France and Switzerland that have introduced reversed burden proof systems.
The Principle of Utility in Revoking a Bankruptcy Adjudications in Bakruptcy Law Ivida Dewi Amrih Suci; R. Murjiyanto; Mohd Zamre Mohd Zahir; Sudiyana
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i1.4131

Abstract

Abstract   Bankruptcy law regulates the unity of assets due to bankruptcy adjudications, as stipulated in Article 64 paragraph (1) of the Bankruptcy Law, which establishes that "The bankruptcy of a husband or wife who is married under a unity of assets shall be treated as the bankruptcy of that unity of assets." However, bankruptcy law does not yet address the unity of assets that remain undivided due to divorce, and the case where a husband or wife who has divorced is declared bankrupt. The bankruptcy orders against these distinct legal subjects have been filed in separate commercial courts, indicating that they are indeed separate legal subjects. The question arises whether the undivided unity of assets can undergo a consolidation of bankrupt assets for both parties in separate cases. Drawing from Article 2 paragraph (1) of the Bankruptcy Law, which stipulates that "A debtor who has two or more creditors that remain unpaid and one of them has fallen due may be declared bankrupt," we inquire whether this principle can be applied. Likewise, based on the principle of integrity and the absence of provisions regarding undivided shared assets, this study adopts a generic legal approach. This research employs a normative methodology with the analytical framework of Kees Schuit's legal system theory and the goal theory of law, founded on the three general principles of Gustav Radbruch: certainty, utility, and justice. In conclusion, this research possesses prescriptive value in the realm of legal scholarship, particularly within the scope of bankruptcy law.   KEYWORDS: Principle of Justice, Undivided Shared Assets, Bankruptcy Adjudications
Public Interest in Plant Variety Protection: A Comparative Study of Compulsory Licensing in Indonesia and India for Food Security Andani, Devi; Sudiyana; Murjiyanto, R.; Ariyani, Nita; Mohd Zamre Mohd Zahir
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.28847

Abstract

This research aims to analyze and compare the legal frameworks of compulsory licensing in the Plant Variety Protection systems of Indonesia and India in accommodating public interest parameters and to analyze the granting of compulsory licenses for public interest in supporting food sovereignty and security in Indonesia. This research uses a normative juridical method with comparative and statutory approaches. The study utilizes secondary data, including primary and secondary legal sources, analyzed qualitatively to examine the regulatory differences in compulsory licensing regimes between Indonesian and Indian jurisdictions. The results of this research are: First, The findings indicate that India possesses a more comprehensive legal framework through the PPVFR Act, which explicitly integrates farmers' rights as a core element of public interest. In contrast, Indonesia's regulations remain administratively centered with an ambiguous definition of “public interest”. A fundamental difference lies in the activation procedures: India allows for swifter intervention against seed monopolies to ensure price stability, whereas in Indonesia, the mechanism is not yet optimally implemented due to a lack of technical implementing regulations capable of responding effectively to food crises. Second, the results indicate that while compulsory licensing is legally accommodated within Indonesia’s PVP system as a public interest instrument, its implementation remains suboptimal in supporting food sovereignty. Consequently,compulsory licensing remains passive, prioritizing the protection of breeders' exclusive rights over its strategic role in ensuring seed accessibility for smallholder farmers.
Co-Authors Ariyani, Nita Cut Khairunnisa Devi Andani Ivida Dewi Amrih Suci Masriadi, Masriadi Muhammad Hatta Nurarafah R. Murjiyanto, R. Sudiyana Yati Nurhayati