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All Journal Jurnal Hukum Pelita Journal of Law, Poliitic and Humanities
Harjono, Dhaniswara K
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Is State Licensure Enough? Evaluating the Gaps and Proposing a Specialized Credentialing Model for Aesthetic Medical Practice in Indonesia Yeo, Susilo Kurniawan; Harjono, Dhaniswara K; Pieris, John; Panjaitan, Hulman
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2257

Abstract

This study examines the weaknesses of the regulatory framework for aesthetic medical practice in Indonesia, which have led to a public health crisis due to malpractice by incompetent practitioners. The objective of this research is to design a specialized credentialing model to ensure patient safety and legal certainty. Using a normative legal research methodology through statutory, comparative, and conceptual approaches, this study analyzes the regulatory systems in Indonesia, Malaysia, and Singapore. The results show that Indonesia, relying solely on general medical licenses (STR and SIP), operates in a regulatory vacuum. In contrast, Malaysia, with its Letter of Credentialing and Privileging (LCP) system, and Singapore, with its Certificate of Competence (COC), have successfully implemented frameworks focused on procedural competency. As a solution, a hybrid model is proposed for Indonesia, the "Aesthetic Competency Certificate", which combines evidence-based risk stratification from Singapore and the renewable privileging mechanism from Malaysia. This model would be managed by a national committee, mandate standardized training, and be supported by a public registry to ensure accountability and protect the public.
Konflik Kepentingan antara Kreditor Separatis dan Konsumen dalam Kepailitan Debitor Pengembang Properti Setiadi, Imam; Harjono, Dhaniswara K; Napitupulu, Diana Ria W
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5835

Abstract

This research examines the legal position of creditors holding Security Rights (Hak Tanggungan) in the sale and purchase of land and buildings that constitute the object of the Security Rights by a bankrupt debtor to consumers. Normatively, creditors holding Security Rights possess the status of separatist creditors as stipulated in Article 55 paragraph (1) of Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU), as well as Law Number 4 of 1996 on Security Rights over Land and Objects Related to Land (UUHT). However, in practice, the enforcement rights of these creditors often conflict with court decisions aimed at providing legal protection to consumers—particularly apartment unit buyers—who have acquired the property in good faith. This study employs a normative juridical method, using the statute approach and conceptual approach to examine the applicable legal norms and relevant legal principles. The findings lead to two primary conclusions. First, a bankruptcy decision against a property developer as debtor creates legal uncertainty for creditors holding Security Rights, especially when the collateral has already been sold to consumers. Conflicts arise between the creditor's priority rights and the consumer's protection as a good-faith purchaser. Current regulations, such as the Bankruptcy Law and the Security Rights Law, have yet to provide a clear resolution, thereby causing legal ambiguity. Second, the Bankruptcy Law is designed to protect creditors when a debtor fails to fulfill debt obligations, granting them access to the debtor’s estate. Creditors holding Security Rights (separatist creditors) should continue to receive maximum legal protection in accordance with the lex specialis principle under the Security Rights Law, which grants authority for parate execution, despite the time limitations imposed under the Bankruptcy Law
Co-Authors Hulman Panjaitan, Hulman Imam Setiadi, Imam Napitupulu, Diana Ria W Pieris, John Yeo, Susilo Kurniawan