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IMPLEMENTATION OF ADMINISTRATIVE MEASURES IN STATE ADMINISTRATIVE (TUN) DISPUTES Bambang Herianto; Abdul Rahman Maulana Siregar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.336

Abstract

The implementation of Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 6 of 2018, dated 4 December 2018 concerning Guidelines for Settlement of Government Administrative Disputes after taking administrative measures, which is a further regulation of the provisions in Articles 75, 76 and Article 77 of Law Number 30 of 2014 concerning Government Administration, bringing about changes in the state administrative justice system in Indonesia, namely relating to administrative efforts. This then raises issues regarding first, whether administrative measures are an obligation that must be taken first before filing a state administrative dispute lawsuit with the PTUN; and secondly, what are the legal procedures for making objections to State Civil Service (ASN) employment disputes; and thirdly what are the legal consequences of non-implementation of administrative efforts by the Plaintiff. The aim of this research is to analyze and describe the application of administrative efforts to state administration disputes. Normative juridical research methods are used to answer this problem. The results of the research show that administrative efforts must be carried out as legal protection for the people in State administrative disputes, and the legal procedure for making objections to ASN disputes is regulated in Article 129 of Law Number 5 of 2014 concerning State Civil Apparatus, and the Judge will reject the Plaintiff if not. take available administrative measures.
Kepastian Hukum dalam Penerapan Teknologi Kesehatan: Perlindungan Data Pasien dan Malpraktik Rayga Rayyan; Abdul Rahman Maulana Siregar
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i1.1230

Abstract

The rapid development of health technology has significantly contributed to healthcare services. Technologies such as Electronic Medical Records (EMR), telemedicine, and Artificial Intelligence (AI) have improved healthcare accessibility. However, these advancements also present legal challenges, particularly regarding patient data protection and liability for medical errors (malpractice). Patients have the right to data privacy, and data breaches can have serious consequences. In Indonesia, regulations such as the Ministry of Health Regulation No. 24 of 2022 on Medical Records have been implemented to strengthen patient data security. However, legal gaps still exist, particularly concerning the responsibility of third-party technology providers. Additionally, the application of technology increases the risk of malpractice, especially in the use of AI and telemedicine, where diagnostic errors can occur. Current regulations, including Law No. 17 of 2023 on Medical Health, do not fully address liability for errors involving technology. Therefore, stronger legal certainty and more comprehensive regulations are needed to keep pace with the rapid development of health technologies.
LEGAL PROTECTION FOR NURSES AS HEALTH WORKERS WHO COMMIT MALPRACTICE CRIMES Sry Ningsih Saragih; Muhammad Arif Sahlepi; Abdul Rahman Maulana Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.101

Abstract

This study examines how legal protection for health workers nurses who commit malpractice in hospitals. Nurses are the most important human resources in hospitals because in addition to their dominant number reaching 55-65%, nurses are also a profession that provides constant and continuous services for 24 hours to patients every day. The nursing profession often comes into contact with legal problems, such as malpractice lawsuits as a result of errors and negligence made, or if the patient's expectations of the nurse do not match reality. So in providing health services, a nurse must comply with professional ethics (professional code of ethics) and also comply with applicable laws, regulations and legislation. This study aims to determine the legal regulations for nurses as health workers who commit malpractice and how their legal protection is. This study was conducted using a qualitative method with a normative juridical approach, examining laws, books, journals and articles that discuss the protection of health workers. The results of this study show that nurses as health workers carry out their health services as regulated in Law No. 17 of 2023 concerning Health and comply with Law No. 11 of 2020 concerning Job Creation and receive legal protection as stated in Law No. 17 of 2023 concerning Health, Article 3 (h), Article 12 (d), Article 193 and Article 273.
Kepastian Hukum Bagi Tenaga Kesehatan dalam Kasus Malpraktik Akibat Pelanggaran Jam Kerja : Tanggung Jawab dan Perlindungan Hukum Kevin Stevanus Jeremia; Abdul Rahman Maulana Siregar
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 2 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i2.802

Abstract

This journal discusses legal certainty for healthcare workers in cases of malpractice resulting from violations of working hours. The primary focus of this study is to identify the legal responsibilities that can be imposed on healthcare workers and the legal protections available to them. Through an analysis of regulations under Law No. 17 of 2023, the article finds that although a clear legal framework exists, challenges remain in its implementation. The study also highlights the importance of transparent and fair resolution procedures to protect the rights of healthcare workers and patients. Therefore, collaborative efforts between the government, professional organizations, and healthcare institutions are needed to create a safe and supportive work environment.
LEGAL STUDY ON THE EXTENSION OF THE TERM OF OFFICE OF VILLAGE HEAD AND ITS IMPLICATIONS ON THE STABILITY OF VILLAGE GOVERNMENT Henny Simarmata; Abdul Rahman Maulana Siregar; Fauzan , Fauzan
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.v2i1.105

Abstract

The extension of the village head's term of office has become an interesting issue in the dynamics of legal politics in Indonesia, considering its crucial role in the stability of village government. The change in term of office from 6 to 9 years has raised a debate between government effectiveness and democratic principles. Supporters argue that this extension increases the stability and sustainability of village development, while opponents consider it to be risky to strengthen patronage politics and hinder leadership regeneration. The main focus of this study is to analyze the legal basis underlying the extension of the village head's term of office and how this policy affects the stability of village government. The research method used is the normative legal method with a statutory and conceptual approach, and is supported by an analysis of various relevant regulations. Research shows that the extension of the village head's term of office has a legal basis in the changes to village government regulations that aim to improve leadership effectiveness and the sustainability of village development programs. However, this policy also raises various challenges, especially related to aspects of democracy, accountability, and control over the implementation of village government. Without a strict monitoring mechanism, extension of office can increase the risk of abuse of power and reduce community participation in the village government process.
LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE AGAINST MINORS (ANALYSIS OF DECISION NUMBER 221/Pid.Sus/2024/PN MEDAN) Rizky Aulia; T. Riza Zarzani; Abdul Rahman Maulana Siregar
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

This research discusses the legal protection of child victims of sexual violence based on the analysis of Decision Number 221/Pid.Sus/2024/PN Medan. In the Indonesian legal system, child protection is regulated in various laws, such as Law No. 35 of 2014, Law no. 17 of 2016, and Law on the Crime of Sexual Violence No. 12 of 2022. This study employs a normative legal research method with a case and legislative approach. The results indicate that legal protection for child victims includes preventive, repressive, and rehabilitative aspects. Although regulations are adequate, implementation in the field still faces obstacles such as the victims' fear of reporting and the limitations of law enforcement officers. In the analyzed case, the defendant was sentenced to 13 years in prison and a fine of Rp. 60 million, reflecting serious efforts in law enforcement. This study emphasizes the importance of synergy among the state, family, and community to create effective protection for children.
CRIMINAL LIABILITY IN ACTS OF SEXUAL ABUSE COMMITTED BY CHILDREN Apriani Pasaribu; Ismaidar , Ismaidar; Abdul Rahman Maulana Siregar
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

Child molestation is a complex issue involving legal, psychological, and social aspects. The juvenile justice system in Indonesia aims not only to punish but also to educate and rehabilitate child perpetrators. Through normative juridical methods and case approaches, this journal concludes that criminal responsibility for child perpetrators of sexual abuse has its own specificities compared to adult perpetrators, as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This journal examines the form of criminal responsibility for children who commit acts of sexual abuse by emphasizing a restorative approach and protection of children's rights. Law enforcement must adhere to the principles of the best interests of the child, rehabilitation, and social reintegration. Indonesian law provides a clear framework through the Juvenile Criminal Justice System Act, which primarily aims to protect children's rights, provide education, and provide rehabilitation
Reverse Evidence System in Corruption Crime: Critical Analysis, Obstacles and Challenges Mamanda Tarigan, Fitra; Arif Sahlepi, Muhammad; Abdul Rahman Maulana Siregar
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.6491

Abstract

This research aims to discuss the legal arrangements of reverse evidence in corruption trials and comprehensively examine the obstacles and challenges of reverse evidence in corruption cases. The type of research is normative juridical, which discusses certain legal phenomena and analyses them based on laws or norms that live in society. The results of this study show that the reverse proof system is regulated in the provisions of Article 37, Article 37A, and Article 38B of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption, which states the defendant's obligation to prove otherwise against property owned not derived from the proceeds of corruption crimes. Reverse proof of corruption crimes has obstacles and challenges such as legal substance factors, focus of proof, inconsistency, violation of rights, and resistance of law enforcement. The challenges of reverse proof are: improving the performance, professionalism, and integrity of law enforcement officials, as well as the clarity of regulations to apply reverse evidence outside of corruption crimes such as narcotics and terrorism.
Relevansi Penerapan Teori Hukum pada Hukum Kesehatan Terkait Hak dan Kewajiban Dokter dalam Melakukan Pelayanan Kesehatan Annisa Dea; Abdul Rahman Maulana Siregar
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 1 (2025): Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i1.66

Abstract

In the word legal theory is a foundation, opinion, understanding related to reality by describing the hypotheses studied. Theory provides an explanatory understanding by organizing the problems being faced, the purpose of methodological deepening in the background in order to obtain better and broader knowledge to solve related issues. In the world of health, theory is very necessary before carrying out field practice that directly involves dealing directly with patients to provide good health services. The application of legal theory in the world of health provides an understanding in studying the law that is clearer about legal materials and systematic views on legal statements. In this case, it is also inseparable from legal theory in medical practice, because in providing health services, doctors in the profession know their rights and obligations.
Persetujuan Tindakan Medis Dalam Anestesiologi dan Perawatan Intensif Tinjauan Teori Hukum dan Hak Pasien Pirma Ivan Ricky Manurung; Sulyaprilawati Battri Siahaan; Abdul Rahman Maulana Siregar
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 2 (2025): Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i2.171

Abstract

Informed consent is an essential element in health services, including in the field of anesthesiology and intensive care, which have high risks and involve critical medical decisions. This study aims to analyze the procedures and implementation of informed consent for patients in the anesthesia and intensive care unit, highlighting the legal and ethical aspects of decision-making. A qualitative approach was used to evaluate patients' and families' understanding of the medical information provided, their rights in agreeing to or refusing medical treatment, and the role of doctors in ensuring that consent is given voluntarily and informatively. Data were obtained through in-depth interviews with health practitioners and a review of related legal and medical ethics literature. The results of the study indicate that the implementation of informed consent in the intensive care unit and anesthesiology unit often faces challenges due to the critical condition of the patient, time constraints, and the complexity of communication. Therefore, this study recommends strengthening communication policies and training for medical personnel to ensure that patient rights are met and medical actions can be carried out in accordance with applicable ethical and legal principles.