SIGn Jurnal Hukum最新文献

{"title":"Legal Protection for Victims of Medical Malpractice during the COVID-19 Pandemic: A Study on Legislation","authors":"Hasbuddin Khalid","doi":"10.37276/sjh.v5i2.290","DOIUrl":"https://doi.org/10.37276/sjh.v5i2.290","url":null,"abstract":"This study examines the forms of legal protection available for victims of medical malpractice. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the complexity of health service provision during the COVID-19 pandemic increases the risk of errors and medical malpractice. The Government has established a series of legal protections, including civil, criminal, and administrative, to facilitate victims of medical malpractice claim their rights. Civil legal protection ensures patients’ rights to seek compensation through out-of-court dispute resolution, such as negotiation, mediation, and arbitration. Meanwhile, criminal legal protection regulated punishments such as imprisonment or a fine for doctors proven guilty of medical malpractice. On the other hand, administrative legal protection provides a complaint mechanism for patients, ensuring that the Government and Honorary Council will impose administrative sanctions on doctors proven guilty of medical malpractice. Therefore, it is recommended that the Government continue strengthening and enhancing public awareness regarding patients’ rights and the available legal protection mechanisms, especially during the COVID-19 pandemic. This role is crucial for empowering the community to protect themselves from potential medical malpractice. Furthermore, healthcare personnel should be given maximum support through adequate facilities and equipment provision, as well as capacity enhancement through ongoing training and education, to enable them to provide optimal health services in the face of this pandemic challenge. In addition, there needs to be a strengthening of the monitoring system and legislation to prevent and effectively handle medical malpractice cases.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136104431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection Against Sexual Violence on Women: A Study on Legislation","authors":"Salwa Salsabilla, Imran Bukhari Razif, Ulil Albab","doi":"10.37276/sjh.v5i2.288","DOIUrl":"https://doi.org/10.37276/sjh.v5i2.288","url":null,"abstract":"This study aims to examine the legal protection framework against sexual violence towards women based on Law Number 12 of 2022. This study uses normative legal research methods with a statute approach. These legal materials were collected through a systematic literature review. The results show that Law Number 12 of 2022 has introduced a new paradigm in enhancing legal protection for women victims of sexual violence. Law Number 12 of 2022 provides guarantees of protection and the fulfillment of rights for victims. It also emphasizes the proactive role of the state in assuring and implementing these rights. In providing safety-assuring assistance, the central and regional governments have a strategic role in administrating integrated services encompassing treatment, protection, and recovery for sexual violence victims. Therefore, it is recommended for stakeholders, especially the central and regional governments, to increase the intensity and quality of integrated services that encompass the treatment, protection, and recovery of victims of sexual violence, primarily women. Moreover, the relevant agencies must ensure that every victim has full access to the information and support required by the rights guaranteed by Law Number 12 of 2022. A close collaboration between the government, civil society organizations, and the community can reinforce the implementation of Law Number 12 of 2022. Lastly, educating the general public about protecting women from sexual violence should be continuously enhanced to foster an environment free from violence.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"75 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Problematics of Determining Investigators for the Corruption Eradication Commission","authors":"Imran Imran, Indra Yudha Koswara","doi":"10.37276/sjh.v5i2.257","DOIUrl":"https://doi.org/10.37276/sjh.v5i2.257","url":null,"abstract":"This study aims to examine the problems of appointing Commission investigators. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Commission holds the authority to appoint Civil Servant Investigators from its internal ranks. One of the requirements for such an appointment is that the Commission conducts education and training in the field of investigation in collaboration with the Police. However, the Commission still recruits investigators from the Police and the Attorney General’s Office. Appointing investigators from these two entities presents challenges, including continuity issues in the investigative process, the risk of losing essential information or knowledge about handled cases, and legal and administrative considerations when the tenure of an employed investigator reaches its maximum limit. Therefore, it is recommended that the Commission and relevant stakeholders enhance the capacity and competency of internal Civil Servant Investigators through systematic and continuous education and training, thus reducing dependence on investigators from the Police and the Attorney General’s Office. Furthermore, the Commission should consider formulating strategies to minimize the risk of vital information loss due to investigator turnover, such as creating detailed case documentation and an effective case transition system. Additionally, the Commission can collaborate with relevant legal and administrative entities to address potential legal and administrative issues arising from the conclusion of an investigator’s tenure, considering aspects of justice and thoroughness in the investigative process.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135566626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Personnel Regulation at the Secretariat of the Attorney Commission of the Republic of Indonesia","authors":"Johannes Ronald Elyeser Roparulian Hutagalung","doi":"10.37276/sjh.v5i1.286","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.286","url":null,"abstract":"This study aims to examine the normativity of the Non-State Civil Apparatus in supporting the duties and functions of the Attorney Commission and analyze the Secretariat’s personnel normativity based on Ministerial Letter Number B/185/M.SM.02.03/2022. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Technical Service Division of the Secretariat provides adequate technical support for addressing the behavior and performance of 28,435 Prosecutors and the Attorney General’s Office personnel. Meanwhile, the existence of six Legal Product Analysts and two Office Administrative Staff as Non-State Civil Apparatus interacting directly with the Technical Service Division of the Secretariat becomes vulnerable due to Ministerial Letter Number B/185/M.SM.02.03/2022. This letter, restricting government personnel professions to only Civil Servants and PPPK, initiates a series of changes in human resource management targeted for completion by November 28, 2023. Therefore, Personnel Development Officers in the Coordinating Ministry and the Head of the Secretariat are recommended to promptly conduct a comprehensive evaluation of personnel structures and functions. Specifically, there need to be concrete steps to balance functional needs, such as increasing the number of personnel in the Secretariat. Furthermore, it is crucial to ensure the personnel transition for six Legal Product Analysts and two Office Administrative Staff so they can continue contributing where their personnel status does not conflict with Ministerial Letter Number B/185/M.SM.02.03/2022. Lastly, it would be prudent to implement a continuous evaluation mechanism, both in the short and long term, to monitor the effectiveness and efficiency of human resource management post-adaptation of the said policy.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135194071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office","authors":"Resky Ayu Lestari, Syarif Saddam Rivanie, S. Soewondo","doi":"10.37276/sjh.v5i1.275","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.275","url":null,"abstract":"This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125249689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency","authors":"Ince Mochamad Arief Ibrahim, Winner Sitorus, A. Rifai","doi":"10.37276/sjh.v5i1.280","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.280","url":null,"abstract":"This research aims to discern and analyze the legal repercussions of selling and purchasing ships over GT-7 size without authentic deeds. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the preference of the North Morowali community leans more towards the use of receipts as evidence of the sale and purchase of ships over GT-7 size, compared to the formal mechanism of a deed of sale and purchase executed before a Notary. As a result, five ships over GT-7 size operate without Port Clearance, which inevitably places the ship’s captain in a vulnerable position regarding criminal punishment: a maximum imprisonment of five years and a fine of up to IDR 600,000,000. Furthermore, the sale and purchase of ships over GT-7 size without authentic deeds have also resulted in ownership disputes among the local community, as the gross deed of ship registration still lists the previous owner’s identity. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Harbor Master of Kolonodale Port should conduct intensive socialization regarding the importance of the deed of sale for ships over GT-7 size executed before a Notary. This socialization aims to ensure the clear legal status of ships, raise public awareness about safety and seaworthiness, and prevent potential criminal punishment risks for the captain. Second, as Government Officials, the Ship Registration Officer and Ship Name Transfer Recorder should collaborate with legal institutions to review ships operating in Indonesian waters without Port Clearance. Lastly, Law Enforcement should adopt a mediation approach in resolving ship ownership disputes, prioritizing aspects of justice and truth, thereby preventing further losses for the Northern Morowali community.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115202545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Escalation of Child Trafficking in Makassar: A Criminological Analysis","authors":"N. Nasrullah","doi":"10.37276/sjh.v5i1.284","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.284","url":null,"abstract":"This research analyzes the factors contributing to escalating child trafficking activities in Makassar. This research uses an empirical legal research method with a criminology-based approach. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the incidence of child trafficking in Makassar has escalated due to the complexity of multiple factors, including economic, community, education, social, gender inequality, technology, and law enforcement. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Makassar Municipal should consider implementing economic stabilization programs centered on protecting vulnerable children and families. Second, the development and enhancement of education quality should be prioritized, aiming to augment access to knowledge and awareness about children’s rights. Additionally, efforts to reduce poverty and promote gender equality must be intensified to prevent the exploitation of women and children. Third, the government and tech regulators must devise and implement policies to curb the misuse of social media in the context of child trafficking. Lastly, there must be an enhancement in law enforcement involving the optimization of the PPA Unit in its investigative role. Concurrently, inclusive and comprehensive legal reforms should be pursued to fortify the child protection system and mitigate the multifaceted factors exacerbating child trafficking in Makassar.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128608855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penal Provisions in the Personal Data Protection Law: A Comparative Legal Study between Indonesia and Singapore","authors":"Dian Purwaningrum Soemitro, Muhammad Arvin Wicaksono, Nur Aini Putri","doi":"10.37276/sjh.v5i1.272","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.272","url":null,"abstract":"This study aims to compare the penal provisions between the PDPA and Law Number 27 of 2022. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show a striking difference between the PDPA and Law Number 27 of 2022 concerning penal provisions related to offenses of personal data protection. The PDPA portrays a more moderate approach by establishing relatively lighter imprisonment and fines. In contrast, Law Number 27 of 2022 illustrates a stricter approach with more severe imprisonment, fines, and additional punishments. Singapore leans towards prevention and education, while Indonesia places a high priority on law enforcement. Nonetheless, both approaches ultimately aim to protect their citizens’ personal data. Therefore, it recommended that the relevant authorities in both Singapore and Indonesia continually evaluate and adapt their legal frameworks to safeguard personal data effectively. Singapore could consider stricter penalties to discourage offenses while maintaining its focus on education and prevention. On the other hand, while Indonesia’s commitment to law enforcement is commendable, it could also benefit from incorporating preventive measures and public education to promote understanding and voluntary compliance. Collaborative efforts between the two countries can facilitate continual enhancements in personal data protection within their respective jurisdictions.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"48 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122340186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses","authors":"Wulan Purnamasari, Elza Syarief, R. Shahrullah","doi":"10.37276/sjh.v5i1.273","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.273","url":null,"abstract":"This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"59 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132870925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Consequences of Violating the Endogamy Marriage System in Indonesia: A Study of Legislation","authors":"Agussalim A. Gadjong","doi":"10.37276/sjh.v5i1.229","DOIUrl":"https://doi.org/10.37276/sjh.v5i1.229","url":null,"abstract":"This study aims to examine and analyze how sanctions are applied for violating the endogamous marriage system and linked in the context of the positive law system in Indonesia. This study uses normative legal research with conceptual, historical, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show sanctions and consequences for individuals violating the endogamous marriage system. Sanctions can range from social ostracism, status demotion to fines and withdrawal of access to resources. In religious endogamy, violations are considered sins, and marriages can be declared invalid under Law Number 1 of 1974. Violations of racial or ethnic and caste endogamy do not have formal legal consequences but can impact an individual’s social status. Therefore, it is recommended that authorities and community leaders continue educating individuals about the implications of these endogamous marriage systems. The need for open dialogues about the pros and cons of these systems is also essential. Furthermore, the Indonesian legal system should protect all individuals’ rights and uphold principles of equality and non-discrimination while respecting cultural and religious nuances.","PeriodicalId":244072,"journal":{"name":"SIGn Jurnal Hukum","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123475029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}