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All Journal Journal of Humanities and Social Studies Devotion: Journal of Research and Community Service International Journal of Social Service and Research Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan International Journal of Social Science, Education, Communication and Economics JURNAL HUKUM STAATRECHTS
Dhanudibroto, Handojo
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Differences In Indonesian And Common Law Legal Traditions And New Paradigm Of Types Of Business Contracts Dhanudibroto, Handojo
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 2 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i2.7439

Abstract

Two legal traditions , Indonesian legal law and common law, are frequently studied by academics and legal practitioners. Without diminishing the importance of other legal traditions such as socialism, marxism, Islamic law, etc., these two major traditions often interact in a global trade process. The common law tradition, or known as the Anglo-Saxon tradition or Westminster tradition, is commonly adopted by commonwealth countries and the majority of states in the United States. Meanwhile, Indonesian law tradition originated from the civil law tradition, also known as the continental or Roman tradition, is the applied official law in Indonesia. The collision of legal tradition differences between the parties can not be avoided, as a result of global trade. The legal system of both traditions is complicated as every element of them should be understood, including the principle, method, sources of law, judicial system, style of the practitioners, duties of the court, and ownership of an object. Due to global trade and legal tradition differences between the parties, the adoption of law, harmonization of business contract, and Court of Arbitration should be the middle grounds used as a final step to settle disputes. The adoption and harmonization of law, especially in a business contract, is not recent in the Law of Indonesia. However, only a few practitioners have learned and understood it. Recently, business contracts have a new paradigm, shifting from a win-lose concept to a formal relation contract. A complex business contract based on win-lose concept is considered to no longer maintain the company “healthy” in the performance and profit of the parties. With this awareness, the paradigm of business contracts is changed by the spirit of empathy, win-win solution, solidarity, and shared interests of the parties.
PERLINDUNGAN TERHADAP KONSUMEN DARI PEREDARAN OBAT PALSU YANG DIEDARKAN SECARA ONLINE Widyaningrum, Tuti; Islamiati, Diah; Dhanudibroto, Handojo
JURNAL HUKUM STAATRECHTS Vol 5, No 2 (2022): JURNAL STAATRECHTS
Publisher : Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/sr.v5i2.6711

Abstract

Obat palsu makin banyak beredar dimasyarakat, hal ini menimbulkan kekhawatiran bagi masyarakat sebagai konsumen. Terutama jika obat tersebut beredar secara online, karena konsumen tidak dapat mengetahui apakah obat yang dibeli obat asli atau obat palsu. Undang-Undang Perlindungan Konsumen berkaitan satu sama lain dengan Undang-Undang Kesehatan dan Undang-Undang ITE, sehingga dalam penelitian ini akan membahas mengenai penafsiran sistematis. Sebagai konsumen diharapkan lebih berhati-hati dan lebih pandai dalam membeli produk obat, karena jika salah membeli akan merugikan diri kita sebagai konsumen yang akan memberikan efek samping bagi tubuh. Pada penelitian ini, menggunakan jenis penelitian hukum normatif. Penelitian hukum normatif artinya penelitian yang bertitik berat terhadap bahan hukum berupa aturan atau norma hukum positif dan menjadi bahan acuan utama dalam penelitian.
KOORDINASI ANTAR-LEMBAGA PEMERINTAH DAN EFEKTIVITAS KEBIJAKAN KESEJAHTERAAN Widjaja, Gunawan; Dhanudibroto, Handojo
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 7 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i7.2945

Abstract

This study examines the relationship between inter-agency coordination and the effectiveness of welfare policies through a literature review. Inter-agency coordination is a crucial factor in enhancing synergy, efficiency, and accountability in the implementation of social welfare programmes, thereby minimising duplication and waste of resources. This study examines various literature discussing coordination mechanisms, challenges faced, and their impact on aid distribution and the achievement of social welfare objectives. The results of the study indicate that effective coordination is supported by intensive communication, data integration, visionary leadership, and harmonious regulations. However, obstacles such as differences in interests among institutions, limited resources, and inaccuracy in targeting remain major challenges. This study recommends strengthening the coordination system, improving human resource capacity, and utilising information technology as key strategies to enhance the effectiveness of welfare policies. Thus, solid inter-agency coordination is an important foundation for achieving inclusive, sustainable, and widely impactful welfare policies for society.
Improving Hospital's Legal Responsibility in Drug and Medical Device Management Widjaja, Gunawan; Dhanudibroto, Handojo
International Journal of Social Science, Education, Communication and Economics Vol. 4 No. 1 (2025): April
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sj.v4i1.472

Abstract

Increasing the legal responsibility of hospitals in the management of drugs and medical devices is a strategic step in improving the quality of health services and protecting patient rights. Hospitals have an obligation to ensure that all drugs and medical devices used meet the standards of safety, effectiveness, and compliance with applicable regulations. Good governance includes distribution supervision, stock management, and usage control, which serve to minimise risks to patients. In addition, improper management can potentially lead to legal consequences in the form of sanctions or prosecution. Overall, strengthening the legal responsibility of hospitals is an important element in creating a safer, more efficient and reliable healthcare system in accordance with regulatory standards and medical ethics.
A Legal Comparison Of Informed Consent And A Conceptual Analysis Of Doctor Protection In Medical Practice In Indonesia Dhanudibroto, Handojo; Heliany , Ina
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i7.1281

Abstract

The increasing number of patient complaints to the Professional Disciplinary Council on doctors is something that needs to be considered. Patient complaints received by the Professional Disciplinary Council are closely related to deviations in medical management standards that are detrimental to patients. One of the important things in carrying out medical service management carried out by doctors is informed consent and informed refusal which are absolutely necessary before carrying out medical actions. In this writing, the author conducts a conceptual analysis and legal comparison of informed consent and informed refusal from several countries that require both consents, with the consideration that the countries being compared have carried out medical practices that are among the best in the world. Then in the writing will be explained the potential for medical actions by doctors that can be categorized as medical fraud along with their handling. The research method in this writing uses the normative juridical method with primary, secondary and tertiary legal materials and comparative law in the Anglo-Saxon and continental European legal traditions. In addition, a comparative study of Indonesian positive law was also conducted in this case general law (jure generali) which overlaps and special health law (jure specialis) along with its implementing regulations.
The Shift in the Concept of Liability for Medical Negligence After the Enactment of the 2023 Health Law Dhanudibroto, Handojo; Widjaja, Gunawan
International Journal of Social Service and Research Vol. 5 No. 9 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i9.1304

Abstract

This study aims to examine the shift in the concept of imposing responsibility for medical negligence losses in the past to the present. From the review of the Supreme Court's decision regarding the imposition of liability for losses for medical negligence until the issuance of Law No. 17 of 2023 concerning Health, it was found that there was a shift in the concept of imposing liability for losses caused by medical and health workers. This shift in concept occurred because the use of civil law as a reference for the imposition of losses became irrelevant with the birth of health law in 2023. In the past, the concept of imposing medical negligence losses used the concepts of vicarious liability and responded liability, which later changed to the concept of ostensible liability where the characteristics are different from the previous two concepts. The use of the concept of ostensible liability is relevant as the basis for imposing liability for losses incurred by medical personnel who practice independently. The research method used is normative legal research where research is carried out on legal norms, rules, jurisprudence and principles in laws and regulations (statute approach) with the aim of analyzing the harmony of norms and providing legal arguments or finding legal concepts of liability and losses.
Rejection of Medical Treatment By Patients In The Perspective of Legal Responsibility Dhanudibroto, Handojo; Widjaja, Gunawan
Devotion : Journal of Research and Community Service Vol. 6 No. 3 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i3.25438

Abstract

Refusal of medical treatment is an inherent right of every patient based on the principles of autonomy and human rights. In the context of health law in Indonesia, the patient's right to refuse medical procedures is regulated in Law Number 17 of 2023 concerning Health, which gives patients the freedom to accept or refuse medical procedures after obtaining adequate information from medical personnel. However, the legal implications of refusing medical treatment become complex when the decision causes the patient's loss or death, which can trigger potential legal disputes between the patient's family and medical personnel, as well as the hospital. This study uses a normative juridical method with a legal, conceptual, and case approach to analyze the legal responsibility of medical personnel in the context of refusal of patient medical treatment. This paper is intended for the knowledge of health law practitioners and law enforcement, in order to understand the legal consequences of refusing medical treatment by doctors.
LIABILITY FOR COMPENSATION ON HOSPITALS DUE TO HEALTH WORKFORCE NEGLIGENCE (A CRITIQUE) Dhanudibroto, Handojo
International Journal of Social Service and Research Vol. 5 No. 3 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i3.1207

Abstract

This research examines the implications of Article 193 of Law No. 17 of 2023 concerning Health, which imposes sole liability on hospitals for negligence by health workers. This provision raises concerns about fairness and justice, as it deviates from established principles of shared accountability in Indonesian civil law. The study aims to critique this legal framework, assess its alignment with international standards, and explore its impact on healthcare delivery. Using a descriptive method, the research analyzes legal documents, case law, and relevant literature to understand the complexities of liability in healthcare. The findings reveal that Article 193 undermines the principles of distributive, retributive, and compensatory justice, potentially eroding trust in the legal system and discouraging hospitals from providing high-risk services. Furthermore, the study highlights that this one-sided liability can create an adversarial relationship between hospital management and health workers, ultimately harming patient care. The implications of this research suggest the need for legal reforms that promote shared accountability among healthcare providers and individual practitioners. By advocating for a reassessment of Article 193, the study aims to inform policymakers and legal professionals on creating a balanced liability framework that fosters a collaborative healthcare environment and enhances patient safety.
Co-Authors Gunawan Widjaja Heliany , Ina Islamiati, Diah Widyaningrum, Tuti