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Benny Wijaya

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The State of Indonesia in providing protection for patients who receive medical services, doctors and dentists in carrying out medical practices are required to provide medical services according to professional standards and standard operating procedures in accordance with Indonesian law no. 29 of 2004 article 51 letter a,.Informed consent is one of the requirements that must be met before doctors perform medical procedures on their patients.  However, even though there is Indonesian Law No. 29 of 2004, there are still doctors who commit negligence by providing services that are not in accordance with procedures by not asking for approval for medical actions that lead to malpractice claims from their patients.. The research conducted is classified as normative juridical research, using primary legal materials and secondary materials from laws and regulations, court decisions, legal theory, and existing journals as a basis.. The doctor's error by taking actions that are not in accordance with the procedure in the form of without asking for informed consent is an administrative violation so it is categorized as administrative malpractice. Indonesian Supreme Court Decision No. 233 K/PID.SUS/2021 which imposes a prison sentence in an administrative malpractice case on a legal basis that has been declared non-binding by the Indonesian Constitutional Court is an act of carelessness. However, the guilty verdict for the defendant was already correct, because the defendant did not give informed consent before carrying out a risky procedure for his patient

Sri Murni; Sri Purwaningsih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Marriage at the age of children has a negative impact on children's growth and development and causes non-fulfillment of children's basic rights. The purpose of this study is to analyze how the application of the age limit for marriage as an effort to protect children. Research method, using normative juridical research type, the type of data used is secondary data and supported by primary data, analysis method using qualitative discrete. The results of the study, Government policy in setting the minimum marriage limit for women from 16 years to 19 (nineteen) years.as stated in Law No. 16 of 2019 has gone through a process and various considerations. This is so that both parties are ready and mature from the physical, psychic and mental sides. Under certain circumstances, the Court may grant marriage dispensation in accordance with applicable laws and regulations, namely Supreme Court Regulation No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. Marriage dispensation for minors, is a study of the age limit for a person to marry, or the ideal age to enter the world of marriage. The age of marriage will affect many things on oneself and on the household to be built. The role of the courts through marriage dispensation is significant in providing protection to children. The court has the authority to allow or deny permission for a child to marry or not to marry.

Ibnu, Sefrin

DINAMIKA HUKUM 2021 Universitas Stikubank

The enforcement of justice as an important element of human rights, should actually be built and realized in any legal state system. In addition to presenting a quality judicial system and personnel, it also needs to be supported by a mechanism for recruiting and fostering judges and other law enforcers who are honest and with integrity. judicial commission which is officially mandated by the constitution and Law no. 18 of 2011 to realize the authority of the judiciary so that it will be trusted again by the community.2The Judicial Commission, which was born because of the reform, is aimed at creating a clean, independent, independent, transparent judiciary and upholding justice for all levels of society. Moreover, the constitution clearly states that the main authority of the Judicial Commission is to maintain and uphold the honor, dignity, and behavior of judges.The implementation of Law No. 18 of 2011 concerning the Judicial Commission in the realization of a clean judiciary in the Semarang District Court is carried out by establishing a liaison for the judicial commission in the regions, in this way the judicial commission carries out its duties and functions as a liaison for the creation of a clean court system in the Semarang District Court. This is in accordance with Article 3 paragraph (2) of Law Number 18 of 2011 concerning the Judicial Commission which reads "The Judicial Commission can appoint liaisons in the regions according to need". Whereas the authority of the Judicial Commission in terms of supervision of judges is only limited to providing recommendations to the Supreme Court regarding the imposition of sanctions. It is necessary to agree with the judiciary on how to increase the capacity of the judicial commission's authority to play a greater role in upholding a clean and authoritative judiciary. It also requires the active participation of the community in monitoring by collaborating with the Judicial Commission through the coordination post for judicial monitoring. This thesis is expected to be a material for consideration by the Judicial Commission in order to increase the number of liaison officers in the regions for the effectiveness of work and the realization of the ideals of a clean judiciary at the Semarang District Court. Keywords: Judicial Commission, Judicial Clean Judge

Mulyanti, Ariska Sri; Suliantoro, Adi

DINAMIKA HUKUM 2021 Universitas Stikubank

One of the problems that often arise in an agreement is default, which can result in the creditor experiencing losses due to the debtor being in default. . In the first trial, the judge usually offers a peace deed. When agreed by the parties, a Deed of Peace is issued by the court. The judge's decision of peace deed has binding power for litigants and there is legal certainty and has executive power, namely the power to carry out what is stipulated in the decision by force by state instruments. Likewise with the decision of the District Court No. 29/Pdt.G.S/2019/PN.Unr. The problem is whether the decision number 29/Pdt.G.S/2019/PN.Unr can be appealed or cassed, how will it be resolved if the defendant in the peace deed does not comply with the contents of the deed. This research uses a normative juridical research type, which is carried out by studying legislation, theories and concepts related to the problems to be studied. From the results of the analysis, it is concluded that the legal force of the peace deed is regulated in Article 1858 of the Civil Code and Article 130 paragraphs (2) and (3) of the HIR. This Peace Deed is essentially irrevocable. Cancellation of the Peace Deed may be requested, if its contents are contrary to the law. The legal basis for the Supreme Court Decision Number 454 K/Pdt/1991. The Plaintiff and the Defendant must comply with the contents of the Deed of Reconciliation, because it is a mutual agreement. The Deed of Peace cannot be appealed or appealed. The legal basis is Article 130 paragraph (2) of HIR. If the defendant does not comply with the decision of the Peace Deed, it can be executed by force through the court. The basis (Article 196 (HIR) and Article 207 Rechtreglement voor de Buitengewesten (RBG).             Keywords: Peace, the Power of Law, HIR and RBG

Kusumo, Bambang Ali

Wacana Hukum 2013 Faculty of Law, Universitas Slamet Riyadi

Abstract:Decision of the Supreme Court No. 653 K/Pid/2011 less oriented to justice but moreoriented towards legal certainty. It can be seen from the decision that is based on thesubstance of justice, but only based on a majority vote of the judges. The existence ofthis decision be one that affects the issuance of Perma No. 02 Tahun 2012 on theadjustment limits the number of minor criminal offenses and penalties in the KUHP.Key words: Keadilan, Kemanfaatan dan Kepastian Hukum.

Kusumo, Bambang Ali

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract : The problems of criminal law enforcement lies in the function of  supervision in the management of the criminal justice system and civil law Cultur. The effort needs to be done with the oversight function of the Supreme Court beguile wider, not only include the supervision of the court process but also the supervision of the overall process of criminal law enforcement. In addition, in order to realize justice in society in the culture of civil law need to use a broad interpretation and is always carried out reform of criminal law (legalreform). Key words: oversight function, Cultur civil law