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All Journal International Journal of Humanities Education and Social Sciences Journal of Innovation Research and Knowledge International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Dinamika Hukum Dan Masyarakat Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Parlementer : Jurnal Studi Hukum Dan Administrasi Publik Journal of International Islamic Law, Human Right and Public Policy Jurnal Multidisiplin Indonesia International Journal Of Synergi In Law, Criminal And Justice Jurnal Ilmiah Multidisiplin International Journal of Society and Law Prosiding Seminar Nasional Ilmu Hukum International Journal of Social Welfare and Family Law JURNAL TEKNOLOGI, KESEHATAN DAN ILMU SOSIAL
Tamaulina Br. Sembiring
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Education Engineering Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Other

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The Role Of Compensation In Medical Dispute Resolution : Legal And Ethical Implications Helmawan Trintono Subekti; Dahlan Dahlan; Tamaulina Br. Sembiring; Yasmirah Mandasari Saragih
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i2.45

Abstract

Compensation in the resolution of medical disputes in Indonesia is crucial as it provides financial compensation for patients who have suffered losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes each year. Determining fair and proportional compensation often poses complex challenges as it involves various aspects such as the level of patient loss, healthcare service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure justice and improve healthcare practices. The aim of this study is to identify the role of compensation in the resolution of medical disputes in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative juridical and empirical approach. The results show that compensation in the resolution of medical disputes in Indonesia is important to ensure justice for patients and the responsibility of healthcare providers. The process of determining compensation involves mediation, negotiation, and formal legal processes. The Health Law and health regulations require hospitals to have dispute resolution mechanisms and provide patients with legal rights to compensation. Legal and ethical aspects such as integrity and justice are considered in determining compensation, creating a holistic dispute resolution system to maintain justice and the quality of healthcare services.
Politics Of Legislation As Socio-Equilibrium In Indonesia Ismidar Ismidar; Tamaulina Br. Sembiring; Saphta Nugraha Isa
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.284

Abstract

The formation of laws and updates to legal materials must be aimed at realizing social equilibrium , namely an orderly, just and prosperous life. The pattern of communication or dialogue and dialectics that occur in the process of forming legislation will affect the character of the law, the more transparent and participatory the more responsive the law will be. This research method uses normative juridical. The legal policy of legislation should include three things: (i) guarantee justice in society ; (ii) create a peaceful life (create alive placidity ) by maintaining legal certainty; and (iii) realize usefulness (realize use ) by handling real interests in common life in a concrete manner. The application of the principle of justice is based on "legal enforceability" and "equality before the law". The principle of legal certainty is achieved through: (i) clear and firm norming regarding obligations and prohibitions; (ii) legal transparency that prevents society from normative confusion; and (iii) continuity of legal order that provides a reference for future behavior. The principle of utility is based on the ability of law as a social instrument to integrate the aggregation of social interests so that they do not clash with each other, and instead order occurs.
Influence Political Law in Formation and Enforcement Law in Indonesia Rudi Salam Tarigan; Ismaidar Ismaidar; Tamaulina Br. Sembiring
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.293

Abstract

Indonesia continues to face complex political and legal challenges. The developing political dynamics are a factor that influences the implementation of legal policies based on the principles of justice and the needs of the community. Efforts to improve law enforcement are carried out by accommodating the aspirations of the community, increasing the professionalism of law enforcement officials, and legal institutions. Legal politics is an activity to monitor law enforcement to achieve the goals of the state that has been set. This research aims to discuss the role of legal politics in the formation and enforcement of law in Indonesia. This study uses secondary data, obtained from the literature of journals on legal politics. Conclusion: the implementation of legal policies is sometimes still influenced by the interests of political elites, who use their power to enforce the law. However, this can be prevented by increasing public awareness to monitor law enforcement based on Pancasila values actively.
Reformation Government and Role Political Law in Forming Public Policy Hotman Manullang; Tamaulina Br. Sembiring; Ismidar Ismidar
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.294

Abstract

Studies This investigate connection between change order manage And strength law-politics Which to form policy public. Studies This explore influence from change governance the current government in progress to design and implementation policy public with background behind reform order manage moment This . For analyze various subject, study This use study qualitative with analysis document And study literature in a way comprehensive. Framework theoretical in study This covers knowledge about governance changes, which include various models and their impacts. At the same time, the idea about dynamics law-politics investigated , highlighted How problem law interact with process political For to form results policy public. Study This to study world post reform through thorough data analysis, analyzing change policy public and its performance. Research This Also to study role component law-politics in making policy, highlighting contribution, obstacle, and the problems that faced. Findings This highlight existence relatedness between reform government And strength legal-political, so that give outlook about landscape policy the public who are developing. Study This add better understanding Good about impact governance changes and complex processes involvement law-politics in development policy public. The maker policy will get benefit from consequence This , Which will give outlook important for order manage And formation more policies effective . The proposal emphasize areas that need achieved in reform future governance and consolidation not quite enough answer law-politics in evolution policy public Which currently ongoing.
Decision Factors Court Constitution Related Results Election President 2024 Against Indonesian Politics and Law Ismaidar Ismaidar; Tamaulina Br. Sembiring; Raja Arsyadil Fiqry Siregar
International Journal of Social Welfare and Family Law Vol. 2 No. 1 (2025): International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v2i1.151

Abstract

The Republic of Indonesia is a constitutional state, as specified in Article 1, Paragraph (3) of the 1945 Constitution. As a nation that upholds the rule of law as the highest authority in its governmental system, the existence of the Judiciary plays a central role as an absolute requirement for upholding the supremacy of law to ensure justice. According to the provisions of Article 24, Paragraph (2), the Supreme Court and the Constitutional Court are institutions with the highest authority in enforcing law and justice in accordance with the mandate of the Constitution. The 2024 Indonesian Presidential and Vice-Presidential Election, also known as the 2024 Presidential Election, is the fifth such election in Indonesia to choose the President and Vice President of the Republic of Indonesia. The results of this election triggered various reactions from different groups. Criticism of the results, particularly from opposing candidates, was not uncommon. This debate occurred not only among political elites but also within the broader community. The purpose of this study is to examine the factors influencing the Constitutional Court's decision regarding the results of the 2024 Presidential Election and its impact on Indonesia's political and legal systems. This research employs a normative juridical legal approach, using library research as the primary data source. The study reveals that in resolving disputes over the 2024 Presidential Election results, the Constitutional Court considered valid and relevant evidence, despite dissenting opinions from some judges. The decision's impact-both in terms of the winner's legitimacy and public perception-can either enhance or deteriorate public views on the quality of Indonesia's democracy. This research is expected to provide deeper insights into the role of the Constitutional Court in safeguarding electoral integrity, addressing political controversies, and its implications for Indonesia's future political system.
LEGAL PROTECTION FOR PATIENTS WHO EXPERIENCE LOSSES IN THE FIELD OF SERVICES MEDICAL DENTAL REVIEWED FROM THE LAW CIVIL Irma Novianti; Dahlan; Tamaulina Br. Sembiring; Sumarno; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.69

Abstract

Health services for patients by dentists are a right regulated by Law Number 36 of 2009 which has been changed to Law Number 17 of 2023 concerning Health. Patient rights are contained in Article 276 of Law Number 17 of 2023 concerning Health which aims to provide legal protection for patients, which is respected and implemented by health workers. This research aims to find out the regulations for dental health services in Indonesia, find out the legal relationship between dentists and patients in dental health services within the scope of civil law, and find out the legal protection for patients who experience losses in the dental field. services in civil law matters. The research method used in this research is normative juridical. The type of data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that legal regulations regarding dental health services in Indonesia have been regulated in Law Number 36 of 2009 article 58 which has been changed to Law Number 17 of 2023 concerning Health article 193 which regulates dentist services for patients, Ministerial Regulations Republic of Indonesia Health Number 1419/MENKES/PER/X/2005 concerning the Implementation of services provided in Doctor and Dentist Practices. and Minister of Health Regulation No. 20 of 2016 shows the authority to provide dental and oral health services. The legal relationship between dentists and patients in dental health services within the scope of civil law begins with a vertical paternalistic relationship pattern. The relationship between a patient and a doctor is considered an agreement known as a therapeutic transaction in accordance with Law Number 17 of 2023 concerning Health. Legal protection for patients who experience losses in the field of dental health services in terms of civil law is regulated in articles 1320, 1338, 1365, 1366, and 1367. The Civil Code provides protection for consumers in the sense of patients with the aim of protecting the interests of patients.
LEGAL PROTECTION FOR DOCTORS IN PROVIDING HEALTH SERVICES AT THE COMMUNITY HEALTH CENTER OF BENER MERIAH DISTRICT Desy Radhiyah; Dahlan; Tamaulina Br. Sembiring
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.95

Abstract

This study attempts to examine the Legal Protection for Doctors in Providing Health Services at the Bener Meriah Regency Health Center. A doctor in carrying out his profession will very likely get a situation that leads to the realm of law, it can be due to the final result of a treatment process carried out by the doctor which if the patient who is being treated dies or is disabled, it could get a response from the patient's family that this is malpractice. The problems written in this study are: How is the inpatient health service system at the Bener Meriah Regency Health Center, what are the factors of inpatient health services that can bring doctors at the Bener Meriah Regency Health Center into the realm of law, How is the legal protection for doctors in providing inpatient health services at the Bener Meriah Regency Health Center. This research is a qualitative research that is descriptive in nature with an empirical legal approach whose data consists of primary data and secondary data, then primary data is taken through interviews and secondary data sourced from legal materials based on concepts, theories, laws and regulations. The research shows that the inpatient health service system at the health center that was the object of the research has carried out and provided maximum and quality health services for the local community, and has carried out its duties in accordance with the applicable SOP, while the factors that can bring doctors into the legal realm are referral factors, availability of equipment and drugs, and visas requested by members of the community, legal protection is given to doctors who treat patients at the health center in Bener Meriah Regency after being assessed as having carried out their duties properly.
THE ROLE OF VISUM ET REPERTUM EVIDENCE IN EXAMINATION OF ACTION CASES ABORTION CRIMINAL (Study of Bantul District Court Decision Number 153/Pid.Sus/2022/PN.Btl) Kiki Maharani Fadhilah; Tamaulina Br. Sembiring; Sumarno
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.98

Abstract

This gives rise to the intention to end the pregnancy and this is called abortion. Visum et repertum plays an important role as evidence in the judicial process, especially in abortion cases. The role of Visum et Repertum in determining material truth is very important and important, especially in criminal cases, considering the increasing number of criminals who hide their crimes from the law. The research method uses the qualitative analysis method, which is a way of analyzing data sourced from legal materials based on concepts, theories, statutory regulations or the researcher's own views. The aim of this research is to determine the criminal liability of perpetrators of abortion crimes, the validity of the post mortem et repertum as evidence in the process of proving the crime of abortion and the role of the post mortem et repertum evidence in the examination of abortion crime cases in Bantul District Court Decision Number 153/Pid .Sus/2022/Pn.Btl. In this research, three main theories were chosen to provide a strong and relevant theoretical foundation according to each focus of the chapters discussed, namely grand theory, middle theory and applied theory. This theory is very important because evidence is a fundamental element in criminal law, which plays a role in determining the truth of a criminal incident and identifying the party responsible for the action. Visum et repertum plays an important role in providing objective and scientific evidence to strengthen or evaluate the reliability of other evidence in litigation. The results of this research are: 1) Based on the Indonesian Criminal Code, abortion is a criminal act, except in certain conditions regulated in Articles 299, 346, 347, 348, and 349 KUHP.BTL, the abortion violates applicable legal restrictions and the perpetrator is declared criminally accountable. Courts consider several factors, including the perpetrator's intent and the circumstances in which the abortion was performed outside of legal exceptions, to determine the appropriate punishment for the offense. 2) Visum et repertum plays an important role in determining the crime of abortion, especially in Decision Number 153/Pid. Sus/2022/PN..
Faktor-Faktor Pendorong Masyarakat Di Medan Krio Melakukan Tindakan Membuang Sampah Sembarangan Siregar, Vinna; Mumtaz Jasmine; Nuke Panenggaran; Tika Hairani; Tamaulina Br. Sembiring
Jurnal Ilmiah Multidisipin Vol. 2 No. 1 (2024): Jurnal Ilmiah Multidisiplin, Januari 2024
Publisher : Lumbung Pare Cendekia

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Abstract

Membuang sampah sembarangan tidak pada tempatnya adalah kebiasaan buruk yang merugikan bagi masyarakat. Sampah yang dibuang sembarangan dan dibiarkan bisa memicu datangnya berbagai bakteri, virus dan parasit yang dapat membawa penyakit. Adapun penulisan artikel ini menggunakan penelitian kualitatif dengan metode yuridis empiris yaitu melakukan observasi langsung ke lapangan dan melakukan wawancara. Hasil penulisan artikel Ini bertujuan untuk menganalisis dan mendeskripsikan atau menjelaskan apa saja faktor-faktor yang mendorong masyarakat di Medan Krio melakukan pelanggaran yaitu membuang sampah sembarangan. Kesadaran lingkungan untuk tidak membuang sampah sembarangan menjadi salah satu faktor untuk menjaga lingkungan tetap bersih, terjauh dari sumber penyakit dan menciptakan kehidupan masyarakat yang sehat.
Aspek – Aspek Pidana Dalam Pengelolaan Sampah Masyarakat Shazland Abdurrahman; Muhammad Irfan Faisal Barus; M al affu; Joe Vans Rajs; Tamaulina Br. Sembiring
Jurnal Ilmiah Multidisipin Vol. 2 No. 1 (2024): Jurnal Ilmiah Multidisiplin, Januari 2024
Publisher : Lumbung Pare Cendekia

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Abstract

Pencemaran lingkungan hidup akibat sampah diatur dalam Undang-Undang Pengelolaan Sampah Nomor 18 Tahun 2008 yaitu Bab atau peraturan yang berlaku saat ini. Kedua, Hambatan yg di alami dinas kebersihan dalam membersihkan pencemaran sampah, dan juga kurangnya pengetahuan dan kesadaran masyarakat desa medan krio mengenai hukum dan pentingnya lingkungan hidup. Keahlian penegakan hukum, kurangnya sarana dan prasarana yang memadai. Kami ucapkan terimakasih untuk dinas kebersihan atas dalam memerangi pencemaran, termasuk dengan melakukan koordinasi dengan masyarakat desa Medan Krio, melakukan kegiatan hubungan masyarakat dan berkonsultasi dengan masyarakat setempat.
Co-Authors Abdul Rahman Maulana Siregar AFRIZAL AFRIZAL Alimal Yusro Siregar Aura Ananda .P. Dalimunthe Berkat Perjuangan Ndruru Bonus Tarigan Christianto , Christianto Dahlan Dahlan Dahlan Davina Sarah Azzevi Denny Prabowo Desy Radhiyah Eddy Edi Budi Mulia Eri Siswanto Fahmi Fahrurozi Fuja Andre Sal Gressia Sitanggang Harry Gusti Atmaja Helmawan Trintono Subekti Hotman Manullang Iftitah Rizkya Cahyani Irma Novianti Ismaidar , Ismaidar Ismaidar I, Ismaidar Ismidar Ismidar Jeni Alfikri Ginting Joe Vans Rajs Johan Berkat Fanolo Joito Rajagukguk Kayla Putri .A. Matondang Kiki Fadhilah Kiki Maharani Fadhilah Lara Fitri Yani Simarmata Lutfiah Ananda Nasution Luthfia Azahra M al affu M. Agung Hidayah Nst M. Homayun Lubis Muhammad Arif Suparman Muhammad Fachrur Rozi Muhammad Imam Drajat Muhammad Irfan Faisal Barus Muhammad Raihan Mumtaz Jasmine Napitupulu, Yehezkiel Kristanto Nuke Panenggaran Pema Suryanta Bintang Raja arsyadil fiqry siregar Revelino Pangaribuan Rico Palentino Kacaribu Rio Ferdika Ririn Eka Ariyanti Rudi Salam Tarigan Saphta Nugraha Isa Shazland Abdurrahman Sigit Tri Satya Sitepu Siregar, Vinna Siti Nurhayati Sumarno Suntya Indah Lestari Suvanzi Binsar Aritonang T. Ikhsan Ansyari Husny Tasya Feronica Siregar Tengku Muhammad Reza Fikri Dharmawan Tika Hairani Tiofani Naura Br. Tobing Tria Wahyu Artita Tubagus Aditya Wardhana Yasmira Mandasari Saragih Yasmirah Mandasari Saragih