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All Journal JURNAL HUKUM Jurnal Daulat Hukum Pembaharuan Hukum
Osman, Ahmed Kheir
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Security in Electronic Transactions to Protect Freedom of Speech: The Concept of Forming Legislation on Electronic Transactions Junaidi, Muhammad; Widodo, Hendro; Osman, Ahmed Kheir
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.307-321

Abstract

The main objective of this study is to conduct a comprehensive study of the rules in criminalization which is one of the last alternatives in the law enforcement process. The Law on the Formation of Legislation in Indonesia provides Limitations of norms for violations of each legal norm formed does not violate human rights. The method used in this study was a sociological legal approach. The results of the study indicate that the norms contained in the Electronic Transaction Law in Indonesia should be a tool for law enforcers to carry out social engineering which is not a means to legalize the interests of power in Indonesia. This finding highlights the need to change the law as a constructive social engineering tool, and not as a mechanism to serve personal interests. Strengthening general provisions and clarifying norms is essential to prevent and prioritize the protection of freedoms interpreted as fundamental human rights. This study underlines the importance of aligning law enforcement with democratic values in the digital era.
THE LEGAL REVIEW OF INTRACEREBRAL ARTERIAL HEPARIN FLUSHING MEDICAL PROCEDURE AS A NON-EVIDENCE BASED THERAPY Sapan, Heber Bombang; Husain, Bahtiar; Rokhmat, Rokhmat; Makbul, Ahmad; Osman, Ahmed Kheir
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.40360

Abstract

The implementation of medical practice must follow service standards. The purpose of this study is to determine the quality of medical services based on scientific evidence. The research method used was normative juridical, the results of the study state that in efforts to improve the quality of medical services in Indonesia, the government had set health service standards as binding laws for health workers. However, these service standards are often not always implemented, so they have the potential to cause deviations that are detrimental to the community. Quality medical services based on scientific evidence are the main paradigm for quality medical services and community protection. Currently, there are still medical actions that are not based on scientific evidence, intracerebral arterial heparin flushing but have been widely applied and commercialized. intracerebral arterial heparin flushing is an action that is not based on strong scientific evidence so it is unethical. Therefore, legal protection is needed for the community from medical actions that are not based on scientific evidence. Medical personnel are advised to comply with service standards and carry out medical practices based on scientific evidence in carrying out their profession in order to avoid violating the law.
The Position of Creditors Holding Fiduciary Securities in Bankruptcy Triyanto, Toni; Widodo, Hendro; Osman, Ahmed Kheir
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i1.41642

Abstract

Fiduciary is a transfer of ownership of a certain object by juridical levering from the original owner (debtor) to complete a debt agreement to the new owner based on trust alone (creditor), which is essentially a guarantee for the debtor's debt. On the other hand, the object remains under the debtor's control. The problem that occurs in a bankruptcy case is that in the settlement of bankruptcy assets, creditors holding fiduciary guarantees have the authority to execute their rights, as if bankruptcy had not occurred. The aim of writing this article is to analyze the settlement of bankruptcy assets to avoid regulatory conflicts between the Curator and Separatist Creditors. This type of research is normative legal research, namely legal research carried out by solving legal issues and at the same time providing prescriptions. It is prescriptive in nature, where it is legal research. That the position of separatist creditors in the bankruptcy process will take priority even if a bankruptcy occurs. This is stated in Article 27 paragraph (3) of the Fiduciary Guarantee Law which clearly states that priority rights are not extinguished even if bankruptcy occurs and Article 21 of the Mortgage Rights Law which states that the rights of separatist creditors are not lost in the event of bankruptcy and one of the rights Separatist creditors have the right to precede other creditors as stated in Article 20 paragraph (1) of the Mortgage Rights Law.
Co-Authors Hendro Widodo Husain, Bahtiar Makbul, Ahmad Muhammad Junaidi Rokhmat, Rokhmat Sapan, Heber Bombang Triyanto, Toni