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Indra Utama Tanjung
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International Journal Of Synergi In Law, Criminal And Justice
Published by PT. Sinergi Legal Publisher
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 123 Documents
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Hospitals' Legal Responsibilities for Patient Safety in Healthcare Services T. Riza Zarzani; Farhan , Farhan; Yusuf Sitinjak; Charly Situmorang
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.161

Abstract

The changes in the national health legal landscape through the enactment of Law No. 17 of 2023 concerning Health have important implications for the construction of hospitals' legal responsibility for patient safety. Previously, Article 46 of the Hospital Law provided an explicit basis for hospital liability for losses resulting from the negligence of healthcare workers. Following the revocation of this provision, questions arose regarding the extent to which the principle of corporate responsibility for hospitals could be maintained and the extent to which legal protection for patients was still guaranteed. This study aims to normatively analyze the conception and regulation of hospitals' legal responsibility for patient safety within the framework of Law No. 17 of 2023, while also examining the problems and implications for patient protection. The method used is normative juridical with a statutory and conceptual approach to the legal relationship between hospitals, healthcare workers, and patients. The results of the study indicate that although explicit formulations such as Article 46 have been removed, the principle of hospital responsibility can still be supported by a combination of the right to health norm, the obligations of healthcare facilities, patient safety standards, and the doctrine of corporate responsibility. However, in practice, there are still gray areas in the integration of civil, criminal, and administrative liability, as well as in the relationship between regulations at the statutory level and implementing regulations. This study recommends the reconstruction of regulations that reaffirm the principle of hospital responsibility, strengthen patient safety systems and culture in hospitals, and develop dispute resolution mechanisms that are fast, transparent, and fair for patients, hospitals, and healthcare workers.
CHARACTERISTICS OF THE DECISION TO CANCEL THE DETERMINATION OF A CORRUPTION ERADICATION SUSPECT THROUGH PRE-TRIAL (A Study of the Political-Legal Relationship between the Corruption Eradication Commission and the Institution) Ronny Yoesfianda; Henry Aspan; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i2.162

Abstract

Several suspect determinations by the Corruption Eradication Commission (KPK) were annulled by pretrial motions due to non-compliance with applicable legal provisions, such as insufficient preliminary evidence and procedures for determining suspects that were inconsistent with criminal procedural law. These decisions emphasize the importance of protecting human rights, the principle of collective collegiality in decision-making, and judicial oversight of law enforcement actions. The research uses normative legal methods, examining the provisions of Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), Law Number 10 of 2015, Law Number 19 of 2019, and the Criminal Procedure Code (KUHAP). Pretrial motions are also examined to understand the application of the law in concrete cases involving the annulment of suspect determinations by the KPK. Regulatory changes through Law No. 30 of 2002, Law No. 10 of 2015, and Law No. 19 of 2019 demonstrate efforts to balance the independence of the Corruption Eradication Commission (KPK) with the need for oversight and accountability. While aimed at increasing the KPK's effectiveness and accountability, these changes present challenges such as the potential for politicization and intervention. Constitutional Court Decision No. 21/PUU-XII/2014 emphasized the importance of sufficient preliminary evidence in determining suspects, which has become the basis for many pretrial decisions that have overturned the KPK's suspect determinations. Furthermore, research evaluates how the principle of collective collegiality and a proper understanding of the object of investigation are crucial to ensuring the legitimacy of the KPK's legal actions.
The Relationship between Facts and Norms in Judicial Legal Reasoning: An Analysis of the Ratio Decidendi in Court Decisions Doni Sabdan Tanjung; Rahmayanti, Rahmayanti; Donly Calner Aruan; Faisal Lutfi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.165

Abstract

Court decisions are the result of a judge's legal reasoning process that reconciles legal facts with legal norms through juridical argumentation. The essence of this process is reflected in the ratio decidendi, namely the legal reasoning that forms the basis for determining the verdict. This article aims to analyze how the relationship between facts and norms is constructed in the judge's legal reasoning through the construction of the ratio decidendi in court decisions. This study uses a normative legal research method with a conceptual approach and a case approach. The conceptual approach is used to examine the theory of legal reasoning, legal facts, legal norms, and the concept of ratio decidendi, while the case approach is used to examine the judge's legal considerations in court decisions. The results show that the relationship between facts and norms in court decisions is not mechanical, but rather is constructed through a process of fact selection, norm interpretation, and rational legal argumentation. The ratio decidendi serves as a meeting point between facts and norms and as an indicator of the quality of the judge's legal reasoning. The clear, coherent, and argumentative construction of the ratio decidendi reflects the responsible use of the judge's discretion and contributes to the realization of legal certainty and substantive justice in judicial practice.

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