cover
Contact Name
MOHAMMAD ALVI PRATAMA
Contact Email
alvi.pratama@unpas.ac.id
Phone
+62224-217343
Journal Mail Official
litigasi@unpas.ac.id
Editorial Address
Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.
Location
Kota bandung,
Jawa barat
INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
Search results for , issue "Vol. 26 No. 2 (2025)" : 2 Documents clear
Harmonisasi Sistem Hukum Peradilan Tata Usaha Negara dalam Mewujudkan Kepastian Hukum Tenggang Waktu Gugatan: Harmonizing the Administrative Court Legal System to Ensure Legal Certainty in the Administrative Lawsuit Time Limit Kartabrata, Fajar Ramadhan; Ernawan, Moch Erick; Dwinanda, Irfan Alfieansyah
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.26164

Abstract

Individuals or private legal entities, as legal subjects, have the right to file a legal action against a beschikking or unilateral administrative decision, even when they are not explicitly named in such decision. Within the administrative court system, the time limit for filing a lawsuit serves as a formal mechanism to uphold the principle of legal certainty. However, the existing regulations particularly between the Administrative Court Law and the Government Administration Law remain inconsistent, resulting in legal uncertainty in the settlement of administrative disputes, especially for indirectly affected third parties. Using a statutory approach, this study analyzes the harmonization of Indonesia’s administrative court legal system to ensure legal certainty in determining the time limit for filing administrative lawsuits and proposes regulatory solutions through the formulation of a more coherent and implementable judicial regulation.
Akibat Hukum Ketidaklengkapan Informasi Pada Medical Checkup Yang Treadmill Testnya Tidak Terlaksana Dengan Alasan Medis: Legal Consequences Of Incomplete Delivery of Information in Medical Checkups Where The Treadmill Test Was Not Conducted Due To Medical Reasons Hafidz Nur; Sumiyati, Yeti; Titik; Mufidi, Faiz; Wagiono, Caecielia
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.19783

Abstract

The Medical Checkup (MCU) service that includes a treadmill test facility is a routine health examination designed to identify potential cardiovascular diseases, implemented using the Bruce Protocol method as Standard Operating Procedures (SOP) and Hospital Practice Guidelines to conduct the treadmill test. The legal basis for this medical service outlined in Indonesian Ministry of Health Decree Number 772/Menkes/SK/VI/2002 and Indonesian Ministry of Health Regulation Number 512/Menkes/PER/IV/2007. The treadmill test has risks and contraindications, which means that not all patients may be able to undergo the treadmill test procedure in the MCU package. This study will explore the legal implications of incomplete information during medical checkups in cases of MCU package services which treadmill test facilities cannot be carried out due to patient's medical condition. Consumer Protection Law Number 8 of 1999 and Article 1320 of the Civil Code will serve as the foundation for analyzing therapeutic contracts. The research method which used in this study is normative juridical approach which is supported by interveiw data. The Results of this study found that when a treadmill test cannot be performed due to patients' medical condition, the patient unable to undergo the procedure, , resulting in legal consequences in form of financial loss which may causes potential disputes if not handled properly. This incident cannot be considered as as breach of contract because the hospital has fulfilled its obligations by providing information and asking for approval through informed consent, so the hospital is not required to reimburse the patient. However, it is...

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