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All Journal Leges Privatae Journal of Strafvordering Indonesian Journal of Adat Recht
Henny Saida Flora
FH Universitas Katolik Santo Thomas
Law, Crime, Criminology & Criminal Justice

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Civil Liability in Medical Malpractice Cases in Private Hospitals Henny Saida Flora
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1s5tay94

Abstract

This study examines civil liability in medical malpractice cases in private hospitals in Indonesia, which still face legal uncertainty due to the difference in the basis of claims between unlawful acts and breach of contract, as well as the limited application of the vicarious liability principle. This study uses a normative juridical method with a statutory, conceptual, and case-based approach, utilizing secondary data from legal literature, regulations, and court decisions related to medical malpractice. The results show that the application of vicarious liability in private hospitals is often hampered by the partnership-based working relationship between doctors, allowing hospitals to avoid direct liability. Furthermore, disharmony between the Civil Code, the Health Law, the Hospital Law, and the Consumer Protection Law creates evidentiary obstacles and jurisprudential inconsistencies. The discussion underscores the need for regulatory harmonization, national guidelines for proving medical malpractice, and affirmation of the direct liability of private hospitals to strengthen patient legal protection. In conclusion, increasing legal certainty and patient protection requires regulatory reform and consistent application of the civil liability principle, which is also expected to encourage improved quality of healthcare services in private hospitals.
Governing through Penal Policy: Criminal Law and State Control Mechanisms Henny Saida Flora; Pramidazzura Alifa Rifqi
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k0n6rc71

Abstract

Contemporary criminal law increasingly functions not only as an instrument for addressing crime but also as a mechanism of state control. The phenomenon of governing through penal policy reflects a shift in the role of criminal law from ultimum remedium toward a regulatory tool used to manage social behavior and political stability. This article examines the normative ambiguity surrounding the legitimacy of penal policy as a means of governance and its implications for the rule of law and human rights protection. Employing a normative juridical approach with critical and prescriptive analysis, the study reveals that the expansion of criminalization often lacks clear normative parameters, leading to overcriminalization, erosion of civil liberties, and legal uncertainty. Such developments risk undermining the legitimacy of criminal law and transforming it into an instrument of power rather than justice. The article argues for the necessity of normative limits on penal policy through the reaffirmation of the ultimum remedium principle, proportionality, and constitutional review mechanisms to safeguard democratic legal order and human rights.
Protection of Indigenous Peoples' Rights: A Legal Review of Local Wisdom-Based Natural Resource Management Henny Saida Flora; Deassy J.A. Hehanussa; Fathullah Fathullah
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ye85ax56

Abstract

This article examines the protection of indigenous peoples' rights in local wisdom-based natural resource management in Indonesia from the perspective of national and international law. This research is normative in nature, using legislative, conceptual, and historical approaches. The results show that although the national legal framework has recognized customary rights and local wisdom of indigenous peoples, its implementation still faces significant structural, institutional, and normative obstacles. Overlapping regulations between forestry, mining, plantation, and agrarian laws often harm the rights of indigenous peoples. On the other hand, international legal instruments such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provide minimum standards of protection that have not been fully adopted by the Indonesian legal system. This article concludes that there is a need for regulatory harmonization, the establishment of specific laws for indigenous peoples, and the strengthening of indigenous institutions in natural resource management to realize ecological justice and sustainable environmental governance rooted in local wisdom values.      
Implementation of Restorative Justice in the New Criminal Code: A Normative Analysis of Criminal Case Resolution Henny Saida Flora; Taqyuddin Kadir; Ichsan Sjuhudi
Journal of Strafvordering Indonesian Vol. 3 No. 2 (2026): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aqeqd667

Abstract

This study examines the application of the restorative justice approach in the New Criminal Code (KUHP) enacted through Law Number 1 of 2023. The background of this study is the increasing need for a more humane and effective criminal case resolution system that simultaneously takes into account the interests of victims, perpetrators, and the community. The New Criminal Code brings a significant paradigmatic shift by integrating the principles of restorative justice into Indonesian positive legal norms. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The results show that the New Criminal Code explicitly accommodates the principle of restorative justice through several provisions, including: the regulation of recovery-oriented sentencing objectives (Article 54), a settlement mechanism outside the judicial process (Article 70), and provisions on supervisory punishment and rehabilitative measures. However, its implementation faces a number of normative challenges, including the lack of comprehensive technical regulations, limited institutional capacity, and the need for harmonization with other laws and regulations. This study recommends the development of detailed implementing regulations, strengthening the capacity of law enforcement officials, and developing an institutional infrastructure that supports the optimal implementation of restorative justice in the Indonesian criminal justice system.
Co-Authors Deassy J.A. Hehanussa Fathullah Fathullah Ichsan Sjuhudi Pramidazzura Alifa Rifqi Taqyuddin Kadir