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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Suara Hukum SASI
Thapa, Nar Yan
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective Mustika, Ni Wayan Eka; Darma, I Made Wirya; Kurniawan, I Gede Agus; Thapa, Nar Yan
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1293

Abstract

The legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospitals
The Rights-Based Labor Law: A Comparison of Indonesian and Nepal Policies Rahayu, Devi; Munir , Mishbahul; Wartiningsih; Shokhikhah, Zilda Khilmatus; Thapa, Nar Yan
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p156-183

Abstract

Human Rights (HR) serve as a crucial foundation in labor policies to protect workers' rights. However, both Indonesia and Nepal face significant challenges in their implementation, such as rights violations in the informal and formal sectors in Indonesia, and the risk of exploitation of Nepali migrant workers, exacerbated by the pandemic, weak oversight, and a lack of social protection. This study aims to analyze the differences in the implementation of human rights-based labor laws in Indonesia and Nepal and to identify the factors influencing the success or challenges of their enforcement. The study employs a normative legal method with legislative, comparative, conceptual, and historical approaches to analyze the integration of human rights principles into labor policies in Indonesia and Nepal. It relies on qualitative data from library research, including primary, secondary, and tertiary legal materials. The findings reveal that the implementation of human rights-based labor laws in Indonesia and Nepal demonstrates a commitment to international principles through the ratification of ILO conventions. However, both countries face distinct challenges within their social, economic, and implementation capacities. Indonesia focuses on protecting minimum wages, social security, and regulating working hours but struggles with gender discrimination and issues in the informal workforce. Meanwhile, Nepal deals with caste discrimination, migrant worker protection, and inadequate social security schemes. Both countries encounter oversight challenges, but factors such as socio-economic context, pro-investment policies, and commitment to international standards influence the success and challenges of implementing human rights-based labor laws in these two nations.
Optimizing Regional Governance in Batam City Government-Business Entity Institutional Dualism Respationo, Soerya; Thapa, Nar Yan
SASI Volume 30 Issue 1, March 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i1.1869

Abstract

Introduction: The development of special areas of Batam began in the 1970s. With the support of special regulations made by the central government, Batam City becomes a competitive place for investment in Indonesia. Moreover Batam has geographical advantage because of its strategic location and adjacent to Malaysia and Singapore.Purposes of the Research: The research examines the legal framework governing the relationship between the Batam City Government and Batam Concession Agency, identifying overlap and potential conflicts, and promoting synergy with the Batam Business Entity.Methods of the Research: The study approach employed. Secondary data is used in this normative legal research strategy.Results of the Research: Research suggests that the legal structure between Batam City Government and Batam Concession Agency should promote cooperation and collaboration. In practice, overlapping jurisdiction areas might leave unclear and confusing duties and responsibilities for each entity. They were fulfilling each entity's duties. Overlapping zones can interfere with development and public services and cause institutional conflicts. The legal framework may require clarity or amendment to improve the interaction between the Batam City Government and the Batam Concession Agency. Optimize local government, for optimal local government, the law must assist the Batam City Government, and Batam Concession Agency cooperate. Batam City and Batam Concession Agency labor together cooperatively. Batam City and Batam Concession Agency collaborate.
Justice Beyond Rights: A Philosophical Inquiry into Intellectual Property Through Derrida’s Deconstruction Darma, I Made Wirya; Kurniawan, I Gede Agus; Mahadnyani, Tjokorda Mirah Ary; Thapa, Nar Yan
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 2 (2025): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i2.40020

Abstract

Intellectual property law, which aims to protect creators of intellectual works, faces significant jus-tice-related challenges in the context of globalisation and access inequality. These issues can be criti-cally examined through Jacques Derrida’s deconstruction approach, which reveals contradictions and limitations in the pursuit of substantive justice. This study aims to critique the legal conception of justice within intellectual property law (IPL) through Derrida’s philosophical framework of decon-struction and to examine the implications of applying this theory to the interpretation and imple-mentation of justice in IPL. This research employs a normative legal methodology with a conceptual approach, analysing primary, secondary, and tertiary legal materials through a literature study and applying qualitative data analysis techniques to assess the notion of justice in IPL through the lens of Derrida. The findings reveal normative contradictions and conceptual instabilities within the IPL system, particularly concerning foundational principles such as originality, exclusive rights, and intellectual ownership. By deconstructing the binary oppositions underlying IPL, the study reveals that exclusionary and biased legal structures frequently influence the application of justice principles in IPL. This study contributes to legal scholarship by advocating for a more inclusive and equitable legal framework that ensures access to knowledge, thereby opening up new interpretive possibilities in the discourse on justice within intellectual property law.
Co-Authors Devi Rahayu I Gede Agus Kurniawan I Made Wirya Darma Mahadnyani, Tjokorda Mirah Ary Munir , Mishbahul Mustika, Ni Wayan Eka Respationo, Soerya Shokhikhah, Zilda Khilmatus Wartiningsih