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Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
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Search results for , issue "Vol. 2 No. 3 (2024): September" : 18 Documents clear
LEGAL PROTECTION FOR DENTISTS IN HANDLING PATIENTS IN CASES OF TOOTH EXTRACTION WITHOUT INFORMED CONSENT (STUDY AT VARIOUS INDEPENDENT PRACTICE PLACES FOR DENTISTS IN PEMATANGSIANTAR) Hargo Basuki; Bambang Fitrianto; Dahlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.92

Abstract

This study aims to determine and analyze legal regulations regarding the obligation of informed consent in tooth extraction services, the responsibility of dentists towards patients in providing informed consent in cases of tooth extraction and legal protection for dentists in handling patients in cases of tooth extraction without informed consent in various places. Independent practice of dentist in Pematangsiantar. The method in this research uses descriptive analytical empirical juridical research. The data sources obtained used primary data and secondary data. The data collection technique used is library research. The results of this research reveal that legal regulations regarding the obligation of informed consent in tooth extraction services by dentists in Indonesia have been regulated in various laws, including Law no. 36 of 2009 concerning Health, Law no. 44 of 2009 concerning Hospitals and now Law no. 17 of 2023 concerning Health. The dentist's responsibilities include providing sterile tools and materials, examining the patient's medical history, and carrying out extractions according to SOP and competency. Legal protection for dentists in cases of extractions without informed consent in Pematangsiantar reflects awareness of the importance of informed consent. UU no. 17 of 2023 emphasizes two principles of legal protection: preventive and repressive. If the dentist does not carry out the obligation to carry out informed consent, there could be civil and criminal consequences. This study recommends that every dentist provide informed consent in treating patients.
LEGAL PROTECTION FOR DOCTORS IN PROVIDING HEALTH SERVICES AT THE COMMUNITY HEALTH CENTER OF BENER MERIAH DISTRICT Desy Radhiyah; Dahlan; Tamaulina Br. Sembiring
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.95

Abstract

This study attempts to examine the Legal Protection for Doctors in Providing Health Services at the Bener Meriah Regency Health Center. A doctor in carrying out his profession will very likely get a situation that leads to the realm of law, it can be due to the final result of a treatment process carried out by the doctor which if the patient who is being treated dies or is disabled, it could get a response from the patient's family that this is malpractice. The problems written in this study are: How is the inpatient health service system at the Bener Meriah Regency Health Center, what are the factors of inpatient health services that can bring doctors at the Bener Meriah Regency Health Center into the realm of law, How is the legal protection for doctors in providing inpatient health services at the Bener Meriah Regency Health Center. This research is a qualitative research that is descriptive in nature with an empirical legal approach whose data consists of primary data and secondary data, then primary data is taken through interviews and secondary data sourced from legal materials based on concepts, theories, laws and regulations. The research shows that the inpatient health service system at the health center that was the object of the research has carried out and provided maximum and quality health services for the local community, and has carried out its duties in accordance with the applicable SOP, while the factors that can bring doctors into the legal realm are referral factors, availability of equipment and drugs, and visas requested by members of the community, legal protection is given to doctors who treat patients at the health center in Bener Meriah Regency after being assessed as having carried out their duties properly.
LEGALITY OF ELECTRONIC MEDICAL RECORDS (ELECTRONIC MEDICAL RECORDS) IN THE READINESS OF THE HOSPITAL MANAGEMENT INFORMATION SYSTEM BASED ON THE REGULATION OF THE MINISTER OF HEALTH NUMBER 24 OF 2022 CONCERNING MEDICAL RECORDS Indra Saputra; Sumarno; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.97

Abstract

The problems that arise are related to the legality of medical records, where many hospitals still do not have electronic medical records (EMR) and this is not in line with PERMENKES number 24 of 2022 concerning electronic medical records. This study aims to determine the importance of the Electronic Medical Record (EMR) system in use in the world of health, to find out how ready hospitals are to implement EMR (Based on Regulation of the Minister of Health No. 24 of 2022), to find out how the Legality of Electronic Medical Records (EMR) in the Readiness of the Hospital Management Information System Based on Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records. This study uses an empirical legal research type by looking at the problems of Electronic Medical Records in hospitals and using a statute approach (statutory regulations) by looking at the aspects of PERMENKES. The research results The legal basis used by RSUD for the implementation of EMR are: Law number 17 of 2023 concerning Medical Practice, Law number 44 of 2009 concerning Hospitals. Regulation of the Minister of Health of the Republic of Indonesia Number 1045 / MENKES / PER / XI / 2006 concerning Guidelines for Hospital Services within the Ministry of Health, Decree of the Minister of Health of the Republic of Indonesia Number 129 / MENKES / SK / II / 2008 concerning Minimum Hospital Service Standards. The legality of electronic medical records (EMR) in the readiness of the hospital management information system based on the Regulation of the Minister of Health No. 24 of 2022 concerning Medical Records is the right choice in today's era, and its existence is protected by law. The implementation of medical records at RSUD. dr. A. Tjokro Dipo Lampung Province is good based on the results of purposive sampling. Informants were taken based on certain criteria.
THE ROLE OF VISUM ET REPERTUM EVIDENCE IN EXAMINATION OF ACTION CASES ABORTION CRIMINAL (Study of Bantul District Court Decision Number 153/Pid.Sus/2022/PN.Btl) Kiki Maharani Fadhilah; Tamaulina Br. Sembiring; Sumarno
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.98

Abstract

This gives rise to the intention to end the pregnancy and this is called abortion. Visum et repertum plays an important role as evidence in the judicial process, especially in abortion cases. The role of Visum et Repertum in determining material truth is very important and important, especially in criminal cases, considering the increasing number of criminals who hide their crimes from the law. The research method uses the qualitative analysis method, which is a way of analyzing data sourced from legal materials based on concepts, theories, statutory regulations or the researcher's own views. The aim of this research is to determine the criminal liability of perpetrators of abortion crimes, the validity of the post mortem et repertum as evidence in the process of proving the crime of abortion and the role of the post mortem et repertum evidence in the examination of abortion crime cases in Bantul District Court Decision Number 153/Pid .Sus/2022/Pn.Btl. In this research, three main theories were chosen to provide a strong and relevant theoretical foundation according to each focus of the chapters discussed, namely grand theory, middle theory and applied theory. This theory is very important because evidence is a fundamental element in criminal law, which plays a role in determining the truth of a criminal incident and identifying the party responsible for the action. Visum et repertum plays an important role in providing objective and scientific evidence to strengthen or evaluate the reliability of other evidence in litigation. The results of this research are: 1) Based on the Indonesian Criminal Code, abortion is a criminal act, except in certain conditions regulated in Articles 299, 346, 347, 348, and 349 KUHP.BTL, the abortion violates applicable legal restrictions and the perpetrator is declared criminally accountable. Courts consider several factors, including the perpetrator's intent and the circumstances in which the abortion was performed outside of legal exceptions, to determine the appropriate punishment for the offense. 2) Visum et repertum plays an important role in determining the crime of abortion, especially in Decision Number 153/Pid. Sus/2022/PN..
EFFORTS TO ERADICATE MOBILE PHONES IN CLASS II A LANGKAT NARCOTICS PRISON INSTITUTION AS AN EFFORTS TO PREVENT DISTURBANCES TO SECURITY AND ORDER IN PRISON Amriza Putra; Abdul Razak Nasution; Mhd. Azhali Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.99

Abstract

This study aims to determine: 1) What is the basis of the regulations governing the prohibition of mobile phone use in correctional institutions and how it is implemented. 2) What is the SOP for carrying out raids on mobile phone use in correctional institutions. 3) What are the legal sanctions given to prisoners who use mobile phones in correctional institutions. The research methodology used in this writing is an empirical legal method, namely an approach that examines secondary data first and then continues with conducting primary data research. The results of the discussion are as follows: 1) The basis of the regulations governing the prohibition of mobile phone use in correctional institutions is regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 8 of 2024 Article 24 paragraph (2) letter b and Article 26 letter i, as well as the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013 Article 4 letter j. The implementation of this prohibition involves strict supervision by correctional officers. 2) The SOP for carrying out raids on mobile phone use in correctional institutions is carried out by officers which begins with an assembly to provide direction for the implementation of the raid. Furthermore, a search of the blocks and residential rooms was carried out, officers removed one by one the prisoners/detainees who were in the targeted residential rooms while simultaneously conducting a body search. 3) The legal sanctions given to WBP who use cellphones in correctional institutions as regulated in Article 46 paragraph (3) letter f of the Indonesian Minister of Law and Human Rights Regulation Number 8 of 2024 are grouped into light sanctions in Article 45 paragraph (3), moderate sanctions in Article 45 paragraph (4), and heavy sanctions in Article 45 paragraph (4).
LEGAL STUDY OF ABUSE OF OFFICE LEADING TO CRIMINAL ACT OF CORRUPTION IN INDONESIA Roland Sahat Uli Banjarnahor; Ismaidar; T. Riza Zarzani
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.100

Abstract

One of the things that hinders the country's economic growth is corruption. Any illegal activity directed at the country's economy or finances needs to be stopped and handled fairly. Abuse of authority, trust, or public or state office for personal gain is the reason that causes corruption. Corruption is classified as an extraordinary crime in order to hinder prosecution because it is difficult to prove the reason for the crime during the trial. those involved in corruption, and those who comply with it. The discussion in this studyHow is the Legal Study of Abuse of Office So That Corruption Occurs? And How is the Regulation of Abuse of Office in Corruption?, then the research method used is the normative legal research method, and the discussion of this study is, as regulated in Law Number 31 of 1999 and Law Number 20 of 2001 concerning the Eradication of Corruption, a legal study of the regulation of abuse of office so that corruption occurs is caused by abuse of authority in office.
CRIMINAL POLICY IN EFFORTS TO OVERCOME NARCOTICS CRIME DURING THE COVID 19 PANDEMIC (A STUDY AT THE BNN OF KABUPATEN TAPANULI SELATAN) Priangga Yoena Mustafa Kamal Hutabarat; Alvi Syahrin; Edi Yunara
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.103

Abstract

Narcotics are not something foreign to us, in recent years, Indonesia has not only been a transit and destination for narcotics trafficking, but is a strategic area and has great potential in producing narcotics. Abuse of narcotics and dangerous drugs has reached a concerning state so that it has become a national problem in Indonesia, especially in South Tapanuli Regency. Narcotics abuse in South Tapanuli Regency has increased, especially during the Covid-19 pandemic which has caused unrest in society, Indonesian society is currently not only fighting the Covid-19 pandemic, but also fighting against narcotics crimes. The type of research used in this thesis research is empirical legal research. research in writing this thesis is descriptive analytical using 5 (five) approaches, namely the legislative approach, case approach, comparative approach, conceptual approach and historical approach. The data sources for this research come from secondary data obtained from library materials and primary data obtained from interviews. in collecting data, researchers do it with literature studies and field studies. data collection tools used in the form of document studies and interview guidelines. The collected data will then be processed using qualitative data analysis, namely by means of all data collected from primary legal materials and secondary materials. The Criminal Policy carried out by the National Narcotics Agency of South Tapanuli Regency in overcoming Drug Abuse during the Covid-19 pandemic is carried out through non-penal and Penal Efforts. In the implementation of Non-penal Efforts, the Soft Power Approach strategy is carried out as an Effort to Prevent Drug Abuse through Drug-Clean Village activities, Anti-Drug Family Resilience Activities and Drug Danger Counseling activities in the Community. The implementation of Penal Efforts is carried out using the Hard Power Approach through strict and measured Law Enforcement in handling drug syndicates, Implementation of Law Enforcement for Case Disclosure, Routine Patrols and Raids in collaboration with Legal Institutions.
MARTAND SUN TEMPLE OF KASHMIR VALLEY THROUGH THE AGES Shabir Ahmad Lone; Prince Raina; Mohammad Ishaq Lone; E. Ravi
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.106

Abstract

A Hindu temple devoted to Surya, the Martand Sun Temple (also called Pandou Laidan) dates back to the eighth century. Its building was ordered by the third Karkota Dynasty emperor, Lalitaditya Muktapida. Unfortunately, Sikandar Shah Miri, the Muslim monarch, demolished it, and it is now in ruins. The temple, located in Jammu and Kashmir five miles from Anantnag, had a fusion of Chinese, Gandharan, and Gupta architectural styles. It is known as Kartanda (Sun Temple) and is a centrally protected monument. The author draws attention to the remnants of the Kashmir Valley's Martand Sun Temple.

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