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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance As-Syirkah: Islamic Economic & Financial Journal
Siregar, Risnawati
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Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

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EX OFFICIO HAKIM DALAM MENEMUKAN HUKUM Lubis, Fauziah; Devi, Delima Puspita; Siregar, Risnawati; Sari, Fitria Novita; Pamungkas, Putra; Anindya, Putri Rizka; Varissa, Rizka Dina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.607

Abstract

This study aims to analyze in depth the role of ex officio judges in the process of finding the law through their knowledge, especially as part of the consideration of evidence in civil procedural law. The problems studied include the position of judges' knowledge in the civil evidence system and the extent to which its use can be legally justified. The background of this study is based on the still widespread practice of using judges' personal knowledge in deciding cases, although normatively the evidence in civil procedural law has been determined in a limited manner in article 164 HIR. Judges' knowledge is often used unwritten as a basis for consideration, which has the potential to cause legal uncertainty. The method used is a juridical-normative approach with data collection techniques through literature studies of legal literature and court decisions. The results of the study show that although it is no longer explicitly regulated in positive law, judges' knowledge is still used as a basis for assessing legal facts. This shows the need for an update to civil procedural law in order to provide clear limitations on the use of judges' victories in the ex officio context.
Perbandingan Pengaturan Tata Hukum Antara Indonesia dan Amerika Serikat Siregar, Barly Harly; Fadhil, Rahmad; Kutub, Sayyid; Sarah, Aulia; Hasibuan, Mutiah Aminarti; Syahputri, Tri; Dewi, Delima Puspita; Harahap, Muthia Sartika; Rahma, Hidayatul; Siregar, Risnawati; Andini, Tatya Zahra; Siregar, Haiqal Rahman
As-Syirkah: Islamic Economic & Financial Journal Vol. 3 No. 3 (2024): As-Syirkah: Islamic Economic & Financial Journal 
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/36n0xk47

Abstract

Perhaps the most important development in patients' rights has been that in Indonesia and the United States regarding the doctrine of informed consent. Embracing the Continental European legal system, the doctrine of informed consent in Indonesia is articulated in Law No. 36 of 2009 on Health, Government Regulation No.32 of 1996 on Health Worker, Law No.29 of 2004 on Medical Practice, and Law No. 8 of 1999 on Consumer Protection. It is also specifically regulated by Health Ministerial Decree No. 29 of 2008 regarding Medical Action Approval. This doctrine requires physicians to share certain information with patients before asking for their consent to treatment. The Court in the United States of America used the term of informed consent to describe the physicians obligations to provide information. The legal consequences if informed consent is not given, it is considered as an act of abuse (intentionally) to the patient. According to Rule of law in the United States that physicians have to open all the information about all the necessary facts, so that patients can determine appropriate treatment options. Tort Law in Anglo-Saxon legal system, similar to "act against the law" in the Continental European legal system. This article examines a comparative study of informed consent in the Indonesian Health Laws and regulations and those of the United States.
Co-Authors Andini, Tatya Zahra Anindya, Putri Rizka Devi, Delima Puspita Dewi, Delima Puspita Fitria Novita Sari, Fitria Novita Harahap, Muthia Sartika Hasibuan, Mutiah Aminarti Kutub, Sayyid Lubis, Fauziah Pamungkas, Putra Rahma, Hidayatul Rahmad Fadhil Sarah, Aulia Siregar, Barly Harly Siregar, Haiqal Rahman Syahputri, Tri Varissa, Rizka Dina