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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Lex Generalis
Jarot Jati Bagus Suseno
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Law, Crime, Criminology & Criminal Justice

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Related Civil Law Studies To Misbruik Van Omstandigheden On The Issue Of Hospital Refusal Of Economically Weak Patients Yusriando; Gunarto; Jarot Jati Bagus Suseno; Sri Yuliati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7112

Abstract

Hospitals are health institutions that are given a mandateby the state to provide health services which are reflectedthrough the role of hospitals in providing excellent medicalservices for all Indonesian people without exception. Thisincludes economically weak communities, in reality thereare many cases of rejection of economically weak patientsby hospitals, this is an act that goes against the mandate ofhealth law policy, including committing acts of abuse inmedical service agreements for patients who want healthservices for economically weak communities based on theprinciple of balance of agreement. This article, which usesdoctrinal research methods, looks at the issue of rejectionof economically weak patients by hospitals as a form ofMisbruik van Omstandigheden in therapeutic agreementswhich were born as agreements from the principles of civillaw and medical service agreement law. Ignorance ofeconomically weak patients - economically weak patientsare often helpless when they experience rejection fromhospitals for illogical reasons. Based on the study of thisarticle, it was found that in terms of medical services foreconomically weak communities, the position oftherapeutic agreements and agreements regardinginformed consent as a commitment to health services foreconomically weak communities is unclear, resulting in astate of bias or misbruik van omstandigheden carried outby hospitals for economically weak patients.
Optimalisasi Peran Polisi dalam Penegakan Hukum Berbasis Humanis dan Profesionalisme Abiezer Manora Purba; Rizki; Jarot Jati Bagus Suseno; Dianto Gunawan Tamba; Marolop Butar Butar; Jamalum Sinambela
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.836

Abstract

The article examines the challenges and opportunities in optimizing the role of the Indonesian police (Polri) in humanistic law enforcement. It highlights structural, cultural, and technical barriers, including inefficiencies in bureaucracy, outdated leadership approaches, and inadequate adoption of modern technology. These issues hinder effective policing and diminish public trust. The article also underscores the importance of aligning law enforcement practices with community-specific cultural contexts, such as handling traditional conflict resolution practices like carok in Madura, by employing a humanistic and dialogical approach. To bridge the gap between societal expectations and on-the-ground realities, the article proposes comprehensive strategies. These include capacity-building through humanistic training, emphasizing empathy and cultural understanding, reforming recruitment processes, and leveraging technology for transparency. The implementation of community policing models, such as Polmas, is highlighted as a practical way to foster collaboration between police and communities. The study employs a combination of normative and sociological approaches, drawing on legislation, direct observation, and interviews with police practitioners. By integrating ethical guidelines, continuous training, and community-centric policies, the article advocates for a transformative policing framework that upholds justice, respects cultural diversity, and strengthens public trust. This framework aligns with Indonesia’s Pancasila values, emphasizing fairness and human dignity in law enforcement.
Co-Authors Abiezer Manora Purba Dianto Gunawan Tamba Gunarto Jamalum Sinambela Marolop Butar Butar Rizki Sri Yuliati Yusriando