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All Journal Arena Hukum Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Khoironi, Moh. Lu'ay
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Law, Crime, Criminology & Criminal Justice

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Hospital Liability for Negligence of Medical Personnel Found in Hospitals Following the Issuance of the Constitutional Court Decision Number 82/PUU-XIII/2015 Khoironi, Moh. Lu'ay; Nazidah, Febrianti Putri Ainun
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.8

Abstract

As an important element in welfare efforts, everyone has the right to health services, like those provided by hospitals seeking to treat visiting patients. This measure certainly entails several elements, including health workers and medical personnel as in line with the Constitutional Court Decision Number 82 / PUU-XII / 2015, declaring Article 11, Paragraph (1) letter a of Law Number 44 of 2009 concerning Hospitals no longer valid, thus removing the existence of doctors and dentists as health workers. Under this decision, Doctors and dentists are identified as medical personnel. Article 46 of Law Number 44 of 2009 concerning Hospitals regulates that in the event of a malpractice that causes harm by health workers, a hospital is responsible for this misconduct unless the practice is performed outside of the hospital. However, doctors and dentists are no longer identified as health workers under the decision. In other words, any negligence committed by doctors and dentists should no longer hold the hospital liable This research employs a normative method supported by statutory and case approaches, while the legal materials were analysed based on descriptive-analytical methods
Ratio Decidendi of Judges Decisions on Grondkaart Land Disputes in Indonesia Masykur, Mohammad Hamidi; Khoironi, Moh. Lu'ay; Jimmy Firmansyah; Apriyas Munik
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.3847

Abstract

The impact of the existence of Grondkaart Land throughout Indonesia in its development has led to conflicts that can be classified into 4 (four): first, between the community and PT KAI; second, Indigenous people with PT KAI; third, City/Regency Government with PT KAI; and fourth, Sultanate/Palace with PT KAI. In general, community members who have controlled and utilised the Grondkaart land for many years feel they have the right to apply for property rights to the local Land Office.  Meanwhile, PT KAI continues to maintain that these lands are legitimate PT KAI assets based on the history of the Indonesian Nation which gave birth to the Land Map or Grondkaart as evidence of land control instructions by PT KAI. in this research, a normative juridical research method is used by using several approaches, namely the Statute Approach (Legislation Approach), Conceptual Approach (Concept Approach), Case Approach (Case Approach), and Comparative Approach (Comparative Approach) by using descriptive analytical methods that aim to describe precisely. From this, it causes a lawsuit in court as the final estuary where to seek justice, but the Court Institution which is expected to be a place to find justice actually has a difference in views / Disparity between Judges in viewing Grondkaart Land evidence so as to cause legal uncertainty. From this legal uncertainty
Co-Authors Apriyas Munik Jimmy Firmansyah Masykur, Mohammad Hamidi Nazidah, Febrianti Putri Ainun