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All Journal Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Parlementer : Jurnal Studi Hukum Dan Administrasi Publik Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi Jurnal Pendidikan dan Sosial Humaniora
I Made Kantikha
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Dokter Yang Diduga Melakukan Malpraktik Ditinjau dari Peraturan Perundang-Undangan Yang Berlaku Studi Kasus Putusan Mahkamah Agung Nomor 233 K/Pid.Sus/2021 Christian Elizar; Markoni Markoni; I Made Kantikha; Saragih Saragih
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i2.794

Abstract

Doctors cannot avoid the possibility of disabled patients even dying, even though in practice they are in accordance with professional standards and standard operational procedures based on patient health needs. This situation should be referred to as a medical risk, but it is often interpreted by parties outside the medical profession as malpractice, so an understanding of legal protection for doctors suspected of malpractice is needed in terms of applicable laws and regulations. By looking at the decision of the Supreme Court Number 233 K / PID. SUS/2021, even though found guilty, the Defendant cannot be charged under the Criminal Code because it has been regulated in Law Number 17 of 2023 concerning Health (Health Law) and Law Number 29 of 2004 concerning Medical Practice (Law on Medical Practice), thus affirming the existence of legal protection from laws that specifically regulate the practice of medicine. This study aims to analyze legal liability for doctors who commit malpractice, and analyze legal protection for doctors suspected of malpractice in terms of applicable laws and regulations. The research method is carried out in a normative juridical manner with statutory approach methods, conceptual approaches, and case approaches. As a result of the research, the principle of justice is not accommodated in the claim for accountability under Article 79 letter c of the Medical Practice Law. The Health Act has preventive and repressive means of protection. The defendant did not carry out his practice in accordance with the standards of the medical profession, and the standard of operational procedures and health needs of patients, so automatically medical ethics were violated, causing the defendant to be held accountable for his actions in disciplinary law, civil law, and criminal law. In order to be protected from legal liability, doctors must always carry out their practices in accordance with professional standards, and standard operational procedures based on patient health needs.
Perlindungan Hukum terhadap Konsumen dalam Kontrak Bisnis Properti Rikky Nelson Manurung; I Made Kantikha
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.65

Abstract

Property business is the activity of buying and selling a plot of land or house involving 2 (two) parties between the seller (business actor) and the buyer (consumer), in its implementation gives birth to legal relationships carried out through agreements. Quality in running a property business, business actors selling their plot of land to consumers are inseparable from the fact that the business actor gets the land previously from the landowner to then sell it to consumers. The method used in this study is Normative Juridical. The legal protection of agreements made by business actors and consumers in the property business is guided by articles 1320 and 1338 of the Civil Code. Breach of promise not to carry out the agreed is a form of default committed by one of the parties to the agreement as regulated by article 1234 of the Civil Code which can be resolved with a "win and win solution" through negotiations so that business actors and consumers are protected. Consumer protection in property business agreements starts from the beginning of the purchase, making the agreement, payment to the sale and purchase deed agreement. Consumers who have signed the agreement means that they have agreed to all the terms and conditions that have been set. All of these agreements, both oral, written, and deed are not authentic. Authentic deeds that are carried out legally, as long as consumers have fulfilled their achievements by making payments in full, not negligently, in accordance with their rights and obligations in Law no. 8 of 1999, consumers are obliged to get legal protection.
Kedudukan Hukum Justice Collaborator dalam Sistem Peradilan Pidana di Indonesia Aditya Redaya; Helvis Helvis; I Made Kantikha; Nardiman Nardiman
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 3 (2024): September: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i3.56

Abstract

Justice collaborators play an important role in law enforcement. The role or function of a justice collaborator includes disclosing a criminal act or the impending occurrence of a criminal act, so that the return of assets resulting from criminal acts can be achieved to the state, providing information to law enforcement officials, providing testimony in the judicial process. The aim of this research is to analyze the legal position of justice collaborators in the criminal justice legal system in Indonesia. This research uses a type of normative juridical research by analyzing primary, secondary and tertiary legal materials. The results of the research are that the legal position of justice collaborator has a very important role in uncovering a well-organized criminal act, or a particular criminal case, so that the suspect or defendant's request to become a justice collaborator must be granted. considered based on the evidence at trial in this case. It is within the judge's authority to grant the justice collaborator's request, because this will affect the sentence. In conclusion, justice collaborators are not regulated in the criminal procedural law book in Indonesia, but are regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Joint Regulations for Law Enforcement Officials and Witness and Victim Protection Institutions concerning Protection of Witnesses and Victims. Complainant, Reporting Witness and Perpetrator Witness Working Together.
Pertanggungjawaban Pidana terhadap Pelaku Penyebaran Situs Judi Online: Studi Kasus Putusan Pengadilan Negeri Payakumbuh Nomor 123/Pid.Sus/2023 Handriyan Cahya Mahmudi; Joko Widarto; I Made Kantikha
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 4 (2025): Desember : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i4.10340

Abstract

The development of information and communication technology in the digital era has significantly transformed the forms and modus operandi of criminal acts, including the emergence of online gambling conducted through websites and social media platforms. This phenomenon raises legal challenges because the previous Indonesian Criminal Code (KUHP) regulated gambling only in its conventional form and was therefore unable to fully accommodate the characteristics of cyber-based gambling activities. In response, the government enacted the new Criminal Code (Law No. 1 of 2023), which will take full effect in 2026 and introduces important reforms through Articles 426 and 427. These provisions explicitly prohibit and criminalize any person who offers, facilitates, or participates in gambling enterprises, including those using electronic means. However, the application of these provisions to individuals who merely disseminate online gambling links remains debatable, particularly concerning their position within the structure of criminal liability. This study aims to examine the criminal liability of individuals who disseminate online gambling links via social media, as reflected in the District Court of Payakumbuh Decision No. 123/Pid.Sus/2023. The research relies on secondary data obtained from literature, legislation, legal documents, academic books, and electronic sources. This study employs a normative juridical approach, analyzed descriptively, logically, and systematically using a deductive method. The findings indicate that disseminating online gambling links is considered an act of providing an opportunity to gamble, thereby rendering the perpetrator criminally liable even though they are not directly involved in gambling activities. However, the imposition of equal criminal sanctions on both link promoters and principal actors does not fully reflect the principle of justice, as their roles and degrees of culpability differ substantially. This study emphasizes the importance of distinguishing the roles of actors within online gambling activities to ensure proportional sentencing and contributes to the scholarly development of applying the new Criminal Code to technology-based crimes.
Denda dalam Keadaan Kahar Akibat Wanprestasi pada Perjanjian Pengangkutan Andrian Fauji Silalahi; I Made Kantikha
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 1 (2026): Maret : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i1.10483

Abstract

The relationship between the two legal subjects who entered into an agreement resulted in the emergence of a bond in the form of rights and obligations of both parties to an achievement, for that coal transportation agreement from South Kalimantan to Belawan - Medan which should be scheduled on May 16 - 19, 2017, but in reality from May 19 - 23, 2017 there was a Force Majeure in the form of a major flood which resulted in the inability to carry out Haulinng activities (Coal Transportation), thus making the issuance of a fine for breach of contract by imposing Demurrage fees. In this study, the formulation is how a lawsuit for breach of contract can occur in a coal shipping agreement in a force majeure situation and how the judge's decision is considered regarding the determination of unilateral fine sanctions in force majeure in a coal shipping agreement from Kalimantan to Medan. This study is also useful for analyzing the criteria for breach of contract in force majeure in a coal shipping agreement and for analyzing the resolution of the determination of unilateral fine sanctions in force majeure in a coal shipping agreement from Kalimantan to Medan. Which in this study uses a normative juridical research method. According to the theory of justice, if the force majeure event can be proven by only one party with evidence that cannot be denied, then both parties are obliged to set aside/ignore the agreement first until the force majeure can be resolved. Therefore, it can be concluded that the Judge's consideration is also in line with the application of the force majeure clause, but the fines submitted by the Panel of Judges still impose fines on both parties because both have suffered losses.
Co-Authors Aditya Redaya Andrian Fauji Silalahi Christian Elizar Handriyan Cahya Mahmudi Helvis, Helvis Joko Widarto Markoni Markoni Nardiman Nardiman Rikky Nelson Manurung Saragih Saragih