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The Urgency of Reconstructing the Regulation of Medical Dispute Resolution as a Form of Legal Protection for the Dental Profession in Indonesia from the Perspective of the Philosophy of Legal Positivism in Indonesia M. Natsir Asnawi; Rika Noviantini; Imas Naeni; Fuji Utomo
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2565

Abstract

This research explores the urgency of reconstructing the regulations on the resolution of medical disputes as a form of legal protection for dental professionals in Indonesia, viewed through the lens of legal positivism philosophy. Medical disputes present significant challenges to dental practitioners, necessitating a robust legal framework to safeguard their professional interests. The study aims to analyze the regulatory mechanisms governing medical dispute resolution, focusing on their role in protecting the rights and legal obligations of dental professionals. Utilizing a normative juridical approach, this research examines existing laws and regulations related to medical dispute resolution in Indonesia, alongside relevant literature. By elucidating the reconstruction of these regulatory frameworks, the study discusses their effectiveness in protecting the legal interests of dental professionals. These findings are expected to provide a deeper understanding of the urgency of reconstructing the regulations on medical dispute resolution in Indonesia from the perspective of legal positivism philosophy, thereby contributing to the enhancement of legal protection for dental professionals and the improvement of professional standards in dental practice.
PERANAN SEJARAH HUKUM DALAM PEMBENTUKAN UNDANG-UNDANG DI INDONESIA Rika Noviantini; Hidayati; Imas Naeni; Fuji Utomo; M Multazam; Iwahori Badia Y
Jurnal Riset Multidisiplin Edukasi Vol. 2 No. 11 (2025): Jurnal Riset Multidisiplin Edukasi (Edisi November 2025)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v2i11.1188

Abstract

Legal history plays a fundamental role in shaping the character and direction of the Indonesian legal system. Through historical studies covering the pre-colonial, colonial, and modern periods, it becomes clear that the national legal system is a synthesis of customary law values, Islamic legal principles, and Dutch legal heritage, all of which have undergone processes of reform and reconstruction throughout the nation’s development. This study analyzes how these historical developments influence the formation of national legislation and how the integration of historical values can strengthen Indonesia’s legal identity amid the challenges of globalization and modernization. In addition, this study outlines methodological challenges, low historical awareness, and the influence of globalization, which often shifts local values within modern legislation. The study also highlights the prospects for developing a history-based national legal system through the strengthening of legal education, interdisciplinary research, and strategies for harmonizing customary, Islamic, and modern legal principles. Thus, integrating legal history into legislation is not only essential for maintaining identity continuity but also serves as a foundation for building an Indonesian legal system that is distinctive, just, and sustainable.
The Urgency of Reconstructing the Regulation of Medical Dispute Resolution as a Form of Legal Protection for the Dental Profession in Indonesia from the Perspective of the Philosophy of Legal Positivism in Indonesia M. Natsir Asnawi; Rika Noviantini; Imas Naeni; Fuji Utomo
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2565

Abstract

This research explores the urgency of reconstructing the regulations on the resolution of medical disputes as a form of legal protection for dental professionals in Indonesia, viewed through the lens of legal positivism philosophy. Medical disputes present significant challenges to dental practitioners, necessitating a robust legal framework to safeguard their professional interests. The study aims to analyze the regulatory mechanisms governing medical dispute resolution, focusing on their role in protecting the rights and legal obligations of dental professionals. Utilizing a normative juridical approach, this research examines existing laws and regulations related to medical dispute resolution in Indonesia, alongside relevant literature. By elucidating the reconstruction of these regulatory frameworks, the study discusses their effectiveness in protecting the legal interests of dental professionals. These findings are expected to provide a deeper understanding of the urgency of reconstructing the regulations on medical dispute resolution in Indonesia from the perspective of legal positivism philosophy, thereby contributing to the enhancement of legal protection for dental professionals and the improvement of professional standards in dental practice.
Health Law Reform in Ensuring Doctor Competence Based on the Integration of Ethics, Discipline and Science for Global Welfare Rika Noviantini; Hidayati Hidayati
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 4 (2025): November: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i4.1307

Abstract

Doctors play a crucial role in determining the quality of healthcare services and in upholding the right to health as guaranteed by the constitution and international human rights frameworks. Despite this essential role, medical practice continues to encounter significant challenges, including disparities in medical education quality, inadequate competency assessment mechanisms, and limited integration of professional ethics, discipline, and scientific standards within the health legal system. These issues create risks to patient safety and undermine public trust in medical services. This research analyzes the urgency of health law reform to ensure physician competence and proposes an integration model that unites ethics, discipline, and scientific foundations as the core pillars for equitable and welfare-oriented medical professional governance. Using a normative legal research method, this study adopts legislative, conceptual, and comparative approaches. Primary and secondary legal materials are examined qualitatively through doctrinal studies, normative analysis, and comparisons with governance practices of the medical profession in other countries. The study finds that health law reform should prioritize strengthening regulations on competency standards, transparent certification and periodic recertification systems, as well as integrated professional oversight that aligns ethics, discipline, and legal accountability. The proposed integration model serves as a framework to ensure that every physician maintains measurable competence, adheres to professional ethics, and upholds clear legal responsibilities in clinical practice. Reforming health law through such integration is a strategic step to enhance medical service quality, reinforce patient protection, and advance global justice and welfare.