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All Journal Fox Justi : Jurnal Ilmu Hukum Journal of Innovation Research and Knowledge
Yustino Aribawa
Universitas Dr. Soetomo Surabaya
Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis of Judicial Considerations in the Dispute Over Government-Owned Land in Surabaya Regarding Former Eigendom Verponding Land (Case Study of the Supreme Court's Revision Decision Number 1146 PK/Pdt/2025) Ipung Salvota Mauludin; Wahyu Prawesthi; Yustino Aribawa
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Land disputes between colonial-era property claims and regional government asset inventories often trigger complex legal uncertainties in Indonesia. This study aims to analyze the consistency of the Supreme Court's legal considerations in Revision Decision Number 1146 PK/Pdt/2025 with national agrarian law principles and examine whether the decision violates the principle of verhandlungsmaxime (passive judge role) in protecting the assets of the Surabaya City Government. The research methodology employed is normative legal research with a statute approach, conceptual approach, and case approach. The findings indicate that the considerations in the Revision Decision are in full compliance with Law Number 5 of 1960 (UUPA) and Presidential Decree Number 32 of 1979, where land previously under Eigendom Verponding that was not converted by September 24, 1980, automatically became state land. As a result, the transfer of rights in 2006 to an individual was legally flawed based on the nemo plus iuris doctrine. Furthermore, the study concludes that the decision does not conflict with the verhandlungsmaxime principle, as the legal correction made by the judge reflects the principle of ius curia novit and the judicial obligation to protect regional assets for public interest. The research concludes that state sovereignty over remaining converted Western land rights is a key instrument in ensuring legal certainty in the management of regional assets.
Pertanggungjawaban Hukum Atas Penggunaan Alat Kesehatan Berteknologi Ai Dalam Pelayanan Medis Andi Baji Sulolibu; Nur Handayati; Yustino Aribawa; Bachrul Amiq
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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The use of artificial intelligence (AI) technology in the healthcare sector has provided various conveniences in supporting diagnosis, patient condition monitoring, and medical decision-making processes. However, the use of AI-based medical devices also raises legal issues, particularly concerning legal certainty, patient safety, and liability in cases of errors or losses arising from medical services. This study aims to analyze the legal framework in Indonesia concerning the use of AI-based medical devices in medical services and to examine the legal liability of hospitals for their use. This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of laws and regulations, books, scientific journals, and other relevant legal materials concerning the use of AI technology in healthcare services. The analysis is conducted qualitatively by examining the relationship between legal norms governing medical devices, healthcare services, hospitals, medical and healthcare professionals, and the protection of patients' rights. The results indicate that the use of AI-based medical devices in medical services must comply with healthcare laws, safety, quality, and patient safety standards, as well as applicable regulations governing medical devices. Hospital liability may arise when the use of AI technology in medical services causes harm due to errors, negligence, or failure to fulfill the hospital's legal obligations. Therefore, hospitals remain legally responsible for ensuring that AI is used safely, appropriately, professionally, and in accordance with applicable laws and regulations
Co-Authors Andi Baji Sulolibu Bachrul Amiq Ipung Salvota Mauludin Nur Handayati Wahyu Prawesthi