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All Journal Jurnal Hukum Inconcreto Soedirman Law Review
Sakinatunnisa, Silvi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Responsibility of Healthcare Facilities in the Management of Medical Emergencies Sakinatunnisa, Silvi; Alawiya, Nayla
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1933

Abstract

The legal responsibility of healthcare facilities in providing emergency services is a crucial element in safeguarding the public's right to health. This study aims to analyze the forms of legal responsibility and the synchronization of regulations concerning the obligations of healthcare facilities in managing medical emergencies. The research method employed is normative juridical, using statutory, conceptual, and analytical approaches. The data is based on primary and secondary legal materials, analyzed through normative qualitative methods using systematic, grammatical, and teleological interpretations. The findings show that the regulation of legal responsibility demonstrates both vertical and horizontal synchronization, especially between Law No. 17 of 2023 on Health, government regulations, and various ministerial decrees. Legal responsibility is divided into two main categories: criminal liability under Article 438 of Law No. 17 of 2023 and administrative liability as stipulated in Ministerial Regulation No. 4 of 2018 and Ministerial Regulation No. 9 of 2014. However, regulatory gaps remain, particularly in rules concerning independent practices and community health centers that do not explicitly mandate emergency care obligations. Therefore, harmonization and legal reform are needed to strengthen the protection of patients in emergency conditions.
Restorative Justice dalam Perkara Kekerasan terhadap Anak di Kejaksaan Negeri Purbalingga Eliza, Fera; Kusumawardani, Andika; Mayang, Dianing Sekar; Sakinatunnisa, Silvi
Soedirman Law Review Vol 5, No 4 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.slr.2023.5.4.16056

Abstract

Laws are fundamentally created to provide justice for the entire society. Law enforcement can be carried out through litigation and non-litigation processes. The government is currently striving for non-litigation law enforcement through Restorative Justice. This article aims to explain the process by which a prosecutor convinces the victim to pursue Restorative Justice enforcement and the importance of the presence of village officials in Restorative Justice efforts. The data is based on interview methods and document analysis, analyzed descriptively. The research results indicate that, fundamentally, prosecutors do not convince the victim to undergo Restorative Justice. Instead, prosecutors act as facilitators suggesting that there is an alternative way to resolve non-litigation cases through Restorative Justice. The urgency of the presence of village officials as community figures in the Restorative Justice process is a requirement of Restorative Justice. Currently, the government is attempting to maximize the resolution of cases through non-litigation means, which is highly relevant in cases related to violence against children, especially in the efforts to implement Restorative Justice in cases of violence against children in the Public Prosecutor's Office of Purbalingga under the name Suspect Saeful Trianto alias Amir Bin Hadigun. The application of Restorative Justice requires the participation and awareness of the parties involved to be implemented to the fullest extent.Keyword: Justice, Law, Non-litigation law enforcement, Restorative Justice, Violence against children
Co-Authors Eliza, Fera Kusumawardani, Andika Mayang, Dianing Sekar Nayla Alawiya, Nayla