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All Journal Estudiante Law Journal YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan
Cherawaty Thalib, Mutia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Informed Consent in Dental Services: A Perspective on Medical Law in Indonesia Suleman, Faraliza Zakia; Cherawaty Thalib, Mutia; Aprilia Kaluku, Julisa
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29132

Abstract

Informed consent is a crucial component of dental services, designed to protect patient rights and minimize legal risks for dentists. In Indonesia, despite regulations being established through various laws, the implementation of informed consent faces several challenges, including low patient literacy, inconsistent information practices, and gaps in regulation and supervision. This study employs a normative approach, analyzing relevant regulations, examining case studies of legal disputes, and reviewing pertinent literature. It also explores the practices of informed consent in developed countries such as the United States and Australia to identify strategies that can be adapted to the Indonesian context. Additionally, the research investigates cultural, technological, and literacy-related barriers that impact the implementation of informed consent. The study's findings reveal that, although regulations regarding informed consent are in place, their practical application remains inadequate. Major obstacles include the absence of specific guidelines for dentistry, limited legal awareness among dentists, and a paternalistic cultural mindset. Furthermore, inadequate documentation of informed consent often creates loopholes that can lead to legal disputes. Based on these findings, the study recommends strengthening existing regulations, developing national guidelines tailored to the dental profession, providing legal training for dentists, and enhancing public health education. It also proposes the use of technology, such as digital applications, to support more effective documentation and information dissemination. These improvements aim to ensure that the practice of informed consent in Indonesian dentistry meets legal, ethical, and patient-centered standards comprehensively
Implications of Standard Clause Changes in Grab Challenge Program on Consumer Rights Pandju, Sherly Putri; Cherawaty Thalib, Mutia; T. Mandjo, Julius
Estudiante Law Journal VOL. 6 NO. 3 OCTOBER 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i3.29123

Abstract

This study aims to analyze the implications of changes to the standard clauses of the Grab challenge program on consumers. The research method used is normative with a statutory approach.The results of the study show that the implications of the standard clause on the Grab challenge program for consumer protection are that the clause contains several things that are detrimental to consumers, such as limiting Grab's liability, providing disproportionate compensation, and the existence of clauses that burden consumers. This is contrary to the principles of consumer protection. Changes to the standard clauses on the Grab challenge program affect consumer rights and obligations, where consumers have more limited rights, such as the right to choose, the right to information, and the right to security. On the other hand, consumer obligations become more burdensome, such as the obligation to accept unilateral changes and the obligation to resolve disputes through alternative dispute resolution.
Juridical Analysis of Judges Legal Considerations on the Reconvention Lawsuit for Transfer of Property Certificates Pagari, Fidya Maulidiani; Cherawaty Thalib, Mutia; Fazri Elfikri, Nurul
Estudiante Law Journal VOL. 7 NO. 1 FEBRUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i1.30559

Abstract

This research aims to analyze the legal considerations provided by the panel of judges in the reconventional claim case related to the transfer of the Certificate of Ownership (SHM) in a land sale transaction. Specifically, this study examines how the judges assess the evidence presented in the reconventional claim and how the legal procedures related to the transfer of SHM are applied in the case of Court Case Number: 8/Pdt.G/2023/PN.GTO. The method used is normative research with a statutory, case, and conceptual approach, utilizing primary legal sources such as laws, court decisions, and secondary legal materials like books and journals. The results of the study show that the judges rejected the plaintiff's lawsuit because it did not meet the formal and substantive requirements outlined in civil law, such as the absence of a valid sale agreement and the failure to include all parties involved in the sale transaction. Additionally, the plaintiff failed to prove whether the defendant had committed unlawful acts or breached the contract, which should have been the basis for the lawsuit. As a result, the judges granted the reconventional claim filed by the defendant, who argued that the plaintiff's lawsuit was legally flawed. This research highlights the importance of fulfilling both formal and substantive requirements in civil lawsuits, as well as providing valid evidence in disputes regarding the transfer of land rights. The legal considerations of the judges demonstrate the application of the principles of legal certainty and justice to ensure that the decision made aligns with the applicable legal provisions and is accountable.
Legal Implications of Defendant's Non-Compliance with Child Support Obligations Based on Ruling No. 214/Pdt.G/2023/PA.Gtlo Laya, Putri Nadhia Diannita; Cherawaty Thalib, Mutia; Ahmad, Ahmad; Agustina, Ririn
Estudiante Law Journal VOL. 7 No. 2 JUNE 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i2.31592

Abstract

This study aims to analyze the legal implications of the defendant's non-compliance with child support obligations and the judge's considerations in determining the amount and increase of child support in Decision No. 214/Pdt.G/2023/PA.Gtlo. The background of this research focuses on the issue of non-compliance with child support obligations after divorce, which often leads to negative impacts on the child's well-being and may trigger prolonged legal processes. In this context, it is important to explore how the law responds to such non-compliance and how judges consider various factors in determining fair and sustainable child support. The objective of this research is to examine the legal consequences of the defendant's non-compliance with child support obligations and to understand the basis of the judge's considerations in determining the amount and increase of child support, specifically the annual increase of 20%. The research method employed is empirical legal research with a qualitative approach, combining court decision document analysis and interviews with relevant parties. Primary data is obtained from interviews with judges and lawyers, while secondary data is gathered through relevant legal literature. The research results indicate that non-compliance with child support obligations may result in legal sanctions such as execution or fines, and impact subsequent legal processes. The judge's considerations in determining child support include the defendant's financial capacity, the child's needs, and the principle of social justice. A realistic decision on child support increases is essential for the sustainability of fulfilling the child's rights.
Konflik Hukum Dalam Proyek Konstruksi Antara Wanprestasi Dan Perbuatan Melawan Hukum Pratama Hinelo, Ananta; Cherawaty Thalib, Mutia; T. Mandjo, Julius
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 3 (2025): September
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i3.2006

Abstract

Construction contract conflicts often arise due to default and unlawful acts that cause losses to the parties, so a legal analysis is needed to strengthen legal certainty and justice. This study examines the issue of breach of contract and unlawful acts in construction contracts through a legal analysis of two court decisions: Decision Number 433/Pdt.G/2021/PN Jkt.Pst and Decision Number 46/Pdt.G/2018/PN Bgr. These two cases illustrate two forms of legal violations in the implementation of construction contracts that result in losses for both the service provider and the service user. In the first case, the breach occurred due to the debtor's negligence in fulfilling the agreed-upon performance, resulting in a claim for compensation. In the second case, the violation of the initial agreement led to delays in work completion, which then resulted in the provider being blacklisted and the contract termination by the service user. This study highlights the importance of contractual understanding, strengthening construction regulations, and effective dispute resolution mechanisms in preventing similar conflicts in the future. This study also emphasizes that work delays are not always the fault of the service provider but can be caused by changes on the part of the service user without an official extension. Therefore, efforts to improve the construction contractual system need to be strengthened to ensure legal certainty, justice, and efficiency in the implementation of construction projects in Indonesia.
Co-Authors Ahmad Ahmad Aprilia Kaluku, Julisa Laya, Putri Nadhia Diannita Nurul Fazri Elfikri Pagari, Fidya Maulidiani Pandju, Sherly Putri Pratama Hinelo, Ananta Ririn Agustina Suleman, Faraliza Zakia T. Mandjo, Julius