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INDONESIA
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 147 Documents
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CRIMINAL LIABILITY FOR A DENTIST'S NEGLIGENCE THAT CAUSES INJURY TO A PATIENT IS BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH Najib Albana Daulay; Fitri Rafianti; Bambang Fitrianto
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.v2i3.89

Abstract

The profession as a dentist is not easy because many dentists in the world often commit malpractice acts. Law Number 17 of 2023 concerning Health regulates the qualifications and types of dental malpractice acts. Problems include how negligence by dentists in carrying out their duties is categorized as malpractice and is a criminal act, factors that cause dentists to be negligent in carrying out their duties and how criminal liability for dentist negligence which causes injuries to patients is reviewed from Law Number 17 of 2023 About health. The type of research used in this research is normative legal research. The nature of the research used in this research is descriptive. A dentist's negligence in carrying out their duties which results in injury to a patient can be categorized as malpractice and a criminal act. This occurs when dentists do not comply with professional standards, standard operating procedures, or applicable codes of ethics, which harms patients. The factors that cause dentists to be negligent in carrying out their duties include several important aspects, namely the negligence factor (culpa), the deliberate factor, the misunderstanding factor (dwaling), the error of judgment factor, the contributory negligence factor and the infrastructure factors. Criminal liability for a dentist's negligence which causes injury to a patient is reviewed by Law Number 17 of 2023 Health, regulated in Article 440 of the Law, punishable by a maximum imprisonment of 3 years or a maximum fine of IDR 250,000,000. If the negligence causes death, the sentence can increase to a maximum prison term. 5 years or a maximum fine of IDR 500,000,000. Researchers recommend that dentists regularly participate in training and education regarding professional standards, standard operating procedures (SOP). So that dentists increase awareness regarding the responsibility for negligence which can result in injury to patients..
ELECTION PARTICIPANTS' CAMPAIGN ON SOCIAL MEDIA DURING QUIET TIMES BASED ON KPU REGULATION NUMBER 232018 AND FIQH SIYASAH PERSPECTIVE Mutia Khairani Hasibuan; Mhd. Yadi Harahap
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.v2i3.90

Abstract

The use of social media as a campaign method for election participants can be very effective in building wide contacts and saving time compared to other campaign methods. This shows that with the help of social media, politicians and political parties can easily campaign anywhere and at any time, meaning that campaigning on social media is not limited by location and time. However, as a candidate, this can be realized as a form of campaign.The aim of this research is to find out whether this should be considered an election violation or a form of freedom of expression. The use of social media for non-campaign activities must be seen from several different points of view, this activity is a form of election violation but can also be seen as a form of freedom of opinion. The campaign in fiqh siyasah is not yet familiar and widely known. The term predates contemporary times, when many Muslim-majority countries, especially in the Middle East and Southeast Asia, formed democratic nation-states. Campaign behavior is one of the main parts in organizing elections. In Siyasaah Fiqh the word for general elections is called Intikhabah Al-'Ammah, Intikhabah is Jama'muannas' salim which means to choose. This research will examine in more depth the use of social media by election participants during the quiet period in terms of general election commission regulation number 23 of 2018 and also fiqh siyasah by using the opinion of Yusuf Al Qardhawi with the concept or theory of Siyasah Al-Syarr'iyyah, namely in terms of campaign.
HEALTH FINANCING LAW AND DIGITALIZATION OF HEALTH SERVICES Toga Adi Putra Sinaga; Rahmayanti
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.v2i3.91

Abstract

financing and the provision of health services. This journal explores the interaction between health financing legal regulations and the digitalization of online health services in Indonesia. The study aims to analyze how current regulations govern these two aspects and identify the challenges and solutions needed. Digitalization of health services, including the use of information technology such as electronic medical records (EMRs), telemedicine, and health applications, has significantly altered the healthcare landscape. This transformation presents new legal challenges, especially concerning health financing and personal data protection. This article discusses the interaction between digitalization and health financing regulations in Indonesia, focusing on how health laws and related policies address both aspects. It also explores the impact of digitalization on the management of health financing, patient rights, and provider responsibilities. Referring to Law No. 36 of 2009 on Health, Law No. 27 of 2022 on Personal Data Protection, and other regulations, this article provides an in-depth analysis of the need for regulatory adjustments to ensure effective integration of technology into the health system while maintaining the sustainability of financing and protecting patient rights. The methodology includes literature review, regulatory analysis, and case studies. Findings indicate that while digitalization offers improved efficiency and accessibility, there are regulatory challenges that need to be addressed to ensure effective integration between health financing systems and digital technology. Recommendations suggest updating regulations to create a more inclusive and secure system.
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 DEVELOPMENT CONCEPT STRATEGY AND ITS ROLE IN THE MARKET ECONOMIC SYSTEM Imelda Mardayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.93

Abstract

This study addresses the following questions: 1) Is the market economy system working well; and 2) What is the role of law in a market economy and what does pro-market legal development look like? This research is intended to collect secondary data through a literature search of legal materials relevant to legal and economic theories, which is currently conducted using qualitative analysis. This research was conducted using the juridical-normative method and with an analytical descriptive approach. Furthermore, this research comes to the conclusion that a market economy is an economy in which people are free to pursue the highest possible financial gain. Since people are the focus of all economic systems, the government has no function in the economy. However, the government, which in this case serves to regulate laws, is necessary for the market economy to function properly. Without this, the market economy will contract. Without the help of laws, especially economic laws, the market economic system can never function properly to generate wealth and prosperity.
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.

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