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

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UPAYA MENCARI KEBENARAN MATERIIL DALAM HUKUM ACARA PERDATA Lubis, Fauziah; Sinambela, Naura Fitri Zaskia; Syahputri, Ardita; Meha, Mellisa; Syahputri, Tri; Lubis, Fahrul Ramadhan
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.v5i2.621

Abstract

This study aims to examine the application of the principle of material truth in civil procedural law in Indonesia and compare it with the concept of formal truth that has been dominant so far. The problems raised in this study are: how is the application of the principle of material truth in civil procedural law in Indonesia, and what is the difference between material truth and formal truth in civil procedural law. The background of this study is based on the fact that the Indonesian civil procedural law system, which historically adheres to an adversarial system and emphasizes formal truth, in practice allows judges to actively explore substantive truth in order to achieve justice. This study uses a normative juridical method with a statutory and conceptual approach. Data obtained from primary and secondary legal materials were analyzed descriptively qualitatively. The results of the study show that although Indonesian civil procedural law emphasizes formal evidence, in practice there is a tendency to apply the principle of material truth, especially in cases concerning the public interest or inequality between the parties. Thus, the principle of material truth has important relevance in realizing substantive justice in resolving civil disputes.
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 Dewi, Delima Puspita Harahap, Muthia Sartika Hasibuan, Mutiah Aminarti Kutub, Sayyid Lubis, Fahrul Ramadhan Lubis, Fauziah Meha, Mellisa Rahma, Hidayatul Rahmad Fadhil Sarah, Aulia Sinambela, Naura Fitri Zaskia Siregar, Barly Harly Siregar, Haiqal Rahman Siregar, Risnawati Syahputri, Ardita