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All Journal Jurnal Ilmiah Dunia Hukum AHKAM : Jurnal Hukum Islam dan Humaniora Research Horizon
Suparman, Odang
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Konsep Lembaga Negara Indonesia dalam Perspektif Teori Trias Politica Berdasarkan Prinsip Checks and Balances System Suparman, Odang
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (642.847 KB) | DOI: 10.58578/ahkam.v2i1.898

Abstract

There have been many constitutional law experts who have made studies and at the same time thoroughly investigated various legal studies and have been used as a reference for a world figure named Baron Secondat de Montesquieu (hereinafter known as Montesquieu) with his famous theory built and developed, namely the Triassic Theory Politica. The theory of Trias Politica in its implementation, if applied, is still relevant in the development of the constitutional era and is one of the pillars of democracy. Based on the Theory of Trias Politica, in principle, dividing state political power into three State Institutions, namely: 1. Legislature; 2. Executive; and 3. Judiciary. In order to realize the three types of State Institutions that are independent of each other and are in an equal rank (horizontal) to one another. The equality and independence of these three types of State Institutions is and is necessary so that the three state institutions can or are willing and able to supervise and control each other based on the principle of a checks and balances system in practice. The separation and division of the three authorities in three different State Institutions, it is hoped that the running of the state government will not be unequal and at the same time not overlapping, and can avoid Collusion, Corruption and Nepotism (KKN) government by one Institution and at the same time will bring up a checks mechanism and balances system (correcting and balancing each other). Power according to the Theory of Trias Politica into three parts can be explained in this study.
Optimalisasi dan Implementasi Otonomi Daerah dalam Perspektif Good Governance Suparman, Odang
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.651 KB) | DOI: 10.58578/ahkam.v2i1.899

Abstract

Based on the 1945 Constitution of the Republic of Indonesia, the government system and state power are administered (meaning that in this case it is held, used and accounted for) by several state institutions, namely the President, the People's Consultative Assembly, the People's Representative Council, the Regional Representatives Council, the Financial Auditor, Supreme Court, and Constitutional Court. The principle used is not the separation of powers like the Trias Politica Theory proposed by Montesquieu, but in practice in Indonesia is the division or separation of powers. For example, the President of the Republic of Indonesia is the head of government and head of state. As head of government, he exercises executive power. In addition, as the head of state, he has the authority to grant clemency, amnesty and abolition in the realm of judicial power.
Human Rights-Based Legal Protection for Sexual Violence Victims in Formal Education Kurniawan, Fakhrul; Munawar, Iwa; Suparman, Odang
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.727

Abstract

Sexual violence in formal educational institutions continues to pose a serious problem, with numerous documented victims experiencing psychological trauma, academic decline, and violations of fundamental human rights. This phenomenon highlights the urgent need for comprehensive and systemic protection mechanisms. The purpose of this study is to examine the legal protection afforded to victims and witnesses of sexual violence in formal education settings from the perspective of human rights, particularly as regulated under Law Number 39 of 1999 on Human Rights. This research uses a qualitative approach with a juridical-normative method through library research. The findings indicate that legal protection has not been effectively implemented due to weak inter-agency coordination, lack of socialization, and limited institutional resources. In many cases, the institutional culture prioritizes reputation over justice, resulting in closed mediation processes that ignore victims' rights. Educational services are also often partial and unsustainable, further aggravating victim trauma. The study concludes that legal protection in educational settings still deviates from human rights principles, necessitating stronger regulatory enforcement and cooperation between policy makers and law enforcement to ensure justice and prevent recurring victimization.
Juridical Analysis of Patient Safety Policies in Hospitals in Indonesia Nurman Hidayat, Asep; Santika, Made; Suparman, Odang
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6554

Abstract

Patient safety is a core element of the healthcare system, aimed at preventing adverse events and improving service quality. In Indonesia, it is governed by Law Number 17 of 2023 on Health and Minister of Health Regulation Number 11 of 2017 on Patient Safety, yet implementation remains uneven. Many hospitals show low compliance, government monitoring is limited, and significant gaps persist between urban and rural facilities. This study examines the legal framework and effectiveness of patient safety policies using a normative juridical method with statutory and conceptual approaches. Primary legal sources, including laws and regulations, along with secondary academic references, were analyzed qualitatively through a deductive process. The results indicate that although the regulatory framework provides comprehensive guidance, its execution in practice is still inadequate. Persistent obstacles include insufficient transparency in incident reporting, weak legal oversight, limited training for healthcare workers, and restricted access for patients to essential medical information. The study concludes that improving patient safety requires stronger hospital accountability, more transparent reporting mechanisms, and enhanced protection of patient rights within the legal system. Strengthening these aspects is expected to support safer and higher-quality healthcare services while providing greater legal certainty for patients in Indonesia.
Health Services for the Elderly in the Perspective of Law Number 13 of 1998 concerning the Welfare of the Elderly Khanza Pramandani, Indira; Fadly Salihi, Yogie; Suparman, Odang
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6557

Abstract

This study aims to analyze the implementation of Law Number 13 of 1998 on the Welfare of the Elderly in fulfilling elderly health rights in Indonesia. Based on the Preamble to the 1945 Constitution and Article 28C, the state is obligated to improve the welfare of all citizens, including the growing elderly population that is projected to make Indonesia an aging society. This research employs a normative qualitative method with conceptual, comparative, and literature review approaches, examining legal regulations, scholarly works, and international instruments such as CEDAW and CRPD. The findings show that the law regulates elderly rights to comprehensive healthcare, government and community roles, priority for vulnerable groups, funding mechanisms, and social protection through BPJS Kesehatan. However, implementation challenges remain, including disparities in healthcare access, limited funding, and low awareness. The discussion highlights derivative programs such as Elderly Posyandu, geriatric services, and medical rehabilitation, though their reach is uneven. The study concludes that while the legal framework is adequate, stronger policies, better budgeting, and improved public education are needed. Recommendations include expanding community-based health programs, enhancing geriatric training, and strengthening multi-stakeholder collaboration to support active aging.
Co-Authors Fadly Salihi, Yogie Khanza Pramandani, Indira Kurniawan, Fakhrul Munawar, Iwa Nurman Hidayat, Asep Santika, Made