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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) SASI Journal of Law and Legal Reform
Chansrakaeo, Ruetaitip
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Law, Crime, Criminology & Criminal Justice

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Corrective Justice For Medical Personnel Who Violate The Law: Where Is The Professional Organizations Involvement? Sudarta, Gede Dicky Wahyu Putra; Darma, I Made Wirya; Chansrakaeo, Ruetaitip
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3657

Abstract

The provision of criminal sanctions for medical personnel who violate the law in the form of gross negligence creates legal uncertainty apart from the unclear definition of serious negligence and does not involve the role of professional medical professional organizations in determining criminal witnesses for medical personnel. This study aims to formulate aspects of corrective justice for medical personnel who violate the law, especially in the realm of criminal law. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the criminal responsibility of medical personnel requires the role of the professional organization of the medical personnel concerned. This is because the assessment of the professional organization of medical personnel is important as a form of guaranteeing justice and legal certainty for medical personnel. Corrective justice-based medical personnel accountability orientation can actually be carried out by involving the roles and recommendations of medical professional organizations. In addition, health law reform is also needed by formulating criminal sanctions for medical personnel based on ultimum remidium, namely utilizing non-prison criminal sanctions in order to achieve justice for medical personnel
IUS Constituendum of Suistainable Agricultural Policy: The Aftermath of Job Creation Act Fahamsyah, Ermanto; Chansrakaeo, Ruetaitip
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : 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.v10i3.1091

Abstract

Agriculture is an important aspect of the life of the Indonesian people. Apart from being a commodity, agriculture is also a part of Indonesian social lives. In this case, the state needs to enact legal policies related to sustainable agriculture. This study seeks to discuss legal issues in the form of legal disharmony related to sustainable agricultural legal policies. The study results confirm that the disharmony of legal policies related to Sustainable Agriculture has only become “ineffective,” which means that the rules exist but cannot be implemented because they do not have the implementing regulations. This happens because the respective laws, particularly those related to sustainable agricultural cultivation systems and job creation, which substantially regulate sustainable agriculture, do not refer to each other. That affects the lack of coordination and horizontal harmonization between laws that substantially regulate sustainable agriculture. Harmonization was not carried out vertically, between laws and government regulations. This occurs when government regulations related to the administration of the agricultural sector do not refer to, and vertically disharmony with the Law relating to sustainable agricultural cultivation systems. The results of this study suggest that in the future, in this case, the government requires to revise the Government Regulations on the implementation of the agricultural sector by incorporating the substance of the sustainable agriculture policy as well as being more thorough in harmonizing both vertically and horizontally in drafting legislation.
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Lubis, Ikhsan; Siregar, Taufik; Koto, Ismail; Chansrakaeo, Ruetaitip; Sari Lubis, Duma Indah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : 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.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Disantara, Fradhana Putra; Chansrakaeo, Ruetaitip
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21128

Abstract

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State Sihotang, Amri Panahatan; Chansrakaeo, Ruetaitip
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1304

Abstract

Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law.                                                                                             Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach.                                                               Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.
Corporate Social Responsibility Legal Framework in Southeast Asia: Comparing Indonesia, Malaysia, and Thailand Anggusti, Martono; Dewi Siregar, Fitri Yanni; Chansrakaeo, Ruetaitip
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2984

Abstract

Introduction: Corporate Social Responsibility (CSR) has evolved over time, reflecting changes in corporate thinking and practices regarding their relationships with society and the environment.Purposes of the Research: This research aims to analyze the regulation and implementation of CSR in Indonesia to compare it with CSR regulations in other Southeast Asian countries, namely Malaysia and Thailand.Methods of the Research: This research is a normative legal study that emphasizes a conceptual and legislative approach.Results of the Research: The development of the concept of CSR began in the 18th century by Robert Owen, who provided facilities for employees. CSR rapidly evolved in the 20th century, with large companies in the US establishing social departments. Milton Friedman's thinking about profit as the primary goal of business and John Elkington's concept of the "triple bottom line" also influenced the development of CSR. CSR functions as the moral responsibility of companies towards society and the environment, implemented through transparency, ethics, and responsible business decisions. In Indonesia, CSR has been regulated by law since 2007, with the aim of improving the quality of life and supporting sustainable development. A comparison of CSR regulations in Indonesia, Malaysia, and Thailand shows that although their goals are similar, namely to encourage corporate contributions to social and environmental development, their approaches differ. Indonesia implements strict legal obligations, Malaysia combines voluntary elements with supportive regulations, while Thailand prioritizes a cultural and voluntary approach with government recognition. Thailand is recognized as the best example in the implementation of CSR in ASEAN, with a higher quality of implementation compared to other countries.
Co-Authors Amri Panahatan Sihotang Anggusti, Martono Dewi Siregar, Fitri Yanni Disantara, Fradhana Putra Ermanto Fahamsyah I Gede Agus Kurniawan I Made Wirya Darma Koto, Ismail Lubis, Ikhsan Ni Ketut Supasti Dharmawan Putu Aras Samsithawrati Sari Lubis, Duma Indah Siregar, Taufik Sudarta, Gede Dicky Wahyu Putra