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All Journal Jurnal Preferensi Hukum (JPH) Jurnal Analogi Hukum Community Service Journal of Law
I Made Minggu Widyantara
Fakultas Hukum, Universitas Warmadewa, Indonesia
Law, Crime, Criminology & Criminal Justice

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Analisis Omnibus Law Tentang Kesehatan Dalam Kasus Malpraktik Medik Made Arya Duta Gunaksara; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.219-224

Abstract

Medical malpractice is an act that can harm patients and the wider community, malpractice can occur anywhere, therefore, it is important to know how to prevent and what the liability is. The problems formulated in this thesis research are How is the legal regulation of the Omnibus Law on Health in efforts to prevent medical malpractice and How is legal liability for perpetrators of malpractice. This research uses normative legal research methods, with the type of legislative approach and literature study. The results showed that the prevention of malpractice can be seen through the obligations of medical personnel, the rights of patients and the standardization of the profession itself. We can take medical malpractice liability through ethical malpractice, and juridical malpractice, where juridical includes criminal, civil, and administrative. 
Eksistensi Jaminan Dalam Penangguhan Penahanan Seorang Tersangka Atau Terdakwa Putu Arya Adi Sastra; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.256-260

Abstract

The regulation of suspension of detention has several procedures and considerations listed in Article 31 of the Criminal Procedure Code as well as Article 35 and Article 36 of Government Regulation No. 27 of 1983 concerning the Implementation of the Criminal Procedure Code and Decree of the Minister of Justice of the Republic of Indonesia No. M.14.PW.07.03 of 1983, but these regulations cannot provide a comprehensive description of the procedures or procedures for suspending the detention of a suspect or defendant. In addition, the subjective assessment of the apparatus authorized to grant suspension of detention is also very broad in scope so that it is vulnerable to misinterpretation by authorized law enforcement officers. So the suggestions that can be given are the need to make laws or implementing regulations that are clearer and more detailed in regulating the procedures for implementing suspension of detention and in the context of law enforcement that embodies justice, the apparatus authorized to grant suspension of detention of a suspect or defendant should provide more careful consideration and be accountable to the public in approving the request for suspension of a suspect or defendant. Considering that the authority given to the apparatus by the law is a subjective authority that is vulnerable to misuse.
Penerapan Hukum Terhadap Tindak Pidana Pemalsuan Sertifikat Hak Atas Tanah di Labuan Bajo Kabupaten Manggarai Barat Maria Inda Jelita; I Nyoman Sukandia; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 6 No. 2 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.223-228

Abstract

Land ownership rights will continue as long as the owner is alive, and after death, the rights can be continued by their heirs provided they meet the criteria as subjects of ownership rights. Certificate forgery is a criminal act involving the deliberate act of making it appear genuine, although it is actually fake or deceptive. The case of land disputes in the forgery of land certificates in Labuan Bajo has its legal application. So that the formulation of the problem is how the legal arrangements against perpetrators of criminal acts of forgery of land rights certificates in Labuan Bajo, West Manggarai Regency and how the application of the law against perpetrators of criminal acts of forgery of land rights certificates in Labuan Bajo, West Manggarai Regency. Using empirical research methods. Based on the results of his research, legal regulations related to forgery of land rights certificates are regulated in Article 263 of the Criminal Code. Perpetrators of criminal acts can be reported to law enforcement and in the trial process, perpetrators of certificate forgery can be subject to imprisonment of between 6 months to 12 years.
The Regulation of Traditional Villages as Legal Subjects and the Designation of Temples as Religious Legal Entities in Relation to Land Ownership Rights Anak Agung Sagung Laksmi Dewi; I Nyoman Sumardika; I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Minggu Widyantara; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law Vol. 3 No. 2 (2024): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.3.2.2024.64-69

Abstract

This study aims to discuss the implementation of the Bali Provincial Regulation which has given birth to various legal provisions regarding the registration of land rights, both for Customary Village and Temple land, both of which are recognized as legal entities. The material is presented using a normative approach to identify legal rules and principles. The legal sources for this study are derived from statutory provisions, including: 1) Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), 2) Government Regulation No. 24 of 1997, 3) Bali Provincial Regulation No. 4 of 2019 on Customary Villages, 4) Ministerial Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 on the Designation of Customary Villages in Bali Province as Legal Subjects for Joint (Communal) Land Ownership, 5) Minister of Home Affairs Decree No. 556/DJA/1986 on Legal Entities Eligible for Land Ownership Rights. The results of the study show that the Traditional Village was officially designated as the subject of customary rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 concerning the Determination of Traditional Villages in Bali Province as Subjects of Collective (General) Land Ownership Rights. Procedurally, the initial land ownership certification process for Pura followed the standard land certification procedure. It began with a written application submitted to the Head of the National Land Agency Office of Tabanan Regency, accompanied by the required administrative documents.
Co-Authors Anak Agung Ngurah Adhi Wibisana Anak Agung Sagung Laksmi Dewi I Gusti Agung Ayu Gita Pritayanti Dinar I Nyoman Sukandia I Nyoman Sumardika Made Arya Duta Gunaksara Maria Inda Jelita Ni Made Sukaryati Karma Putu Arya Adi Sastra