Indonesian Comparative Law Review最新文献_第3页

The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law 医疗无效的法律:马来西亚、英国、美国、印度尼西亚和伊斯兰法律的比较研究

Indonesian Comparative Law Review Pub Date : 2020-11-04 DOI: 10.18196/ICLR.2221

Syaheera Aina Baharudin

{"title":"The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law","authors":"Syaheera Aina Baharudin","doi":"10.18196/ICLR.2221","DOIUrl":"https://doi.org/10.18196/ICLR.2221","url":null,"abstract":"Medical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aims to address the laws governing any medical practitioner’s actions towards medical futility which is likely to result in the death of the patient. It will look into the current laws of four nations namely Malaysia, England, the United States of America and Indonesia, with special consideration towards Islamic Jurisprudence by referring to the opinions of various scholars and jurists. This paper has come into being through the studies of many literary articles, law cases, analyzing related statutes and studying the common practices of the previously stated nations. The paper had reached some fundamental outcomes which are: Malaysia and its mother land England shares similar practice in which withholding and withdrawal of treatment is considered lawful when faced with medical futility. As for the United States of America, some states adopted laws regulating end-of-life decisions, providing guidelines and proper sanctions for non-compliance which is contrary to Indonesia which do not have a specific regulation in dealing with medical futility cases. From the Islamic law perspective, scholars had advised that heavy consideration should be given according to the Maqasid Syariah by adhering to the hierarchy of fiqh of looking after necessities, then needs, and then embellishments.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"183 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134304168","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}

引用次数: 0

Protecting the Rights of Mental Health Patients: Comparative Study between Indonesia and Taiwan 印尼与台湾精神病患权利保护之比较研究

Indonesian Comparative Law Review Pub Date : 2020-10-23 DOI: 10.18196/ICLR.2220

Muhammad Arizka Wahyu, Tareq Muhammad Aziz Elven

引用次数: 1

Optimizing Personal Data Protection in Indonesia: Lesson Learned from China, South Korea, and Singapore 优化印尼的个人数据保护:中国、韩国和新加坡的经验教训

Indonesian Comparative Law Review Pub Date : 2020-10-23 DOI: 10.18196/ICLR.2219

Diana Setiawati, H. A. Hakim, Fahmi Adam Hasby Yoga

引用次数: 7

The Implementation of the Patient’s Privacy Regulations in The People’s Republic of China 《中华人民共和国患者隐私条例》的实施

Indonesian Comparative Law Review Pub Date : 2020-10-23 DOI: 10.18196/ICLR.2218

Falah Al Ghozali, Try Hardyanthi, Sarah Fadhilah

引用次数: 0

The Prevention upon the Congenital Anomalies Effect: A Comparative Study between Indonesia, the United Kingdom and the United States 预防先天性畸形的影响:印尼、英国和美国的比较研究

Indonesian Comparative Law Review Pub Date : 2020-07-03 DOI: 10.18196/iclr.2115

Wahyudi Umar, A. Salim, Desy Nur Cahya Kusuma Putri

{"title":"The Prevention upon the Congenital Anomalies Effect: A Comparative Study between Indonesia, the United Kingdom and the United States","authors":"Wahyudi Umar, A. Salim, Desy Nur Cahya Kusuma Putri","doi":"10.18196/iclr.2115","DOIUrl":"https://doi.org/10.18196/iclr.2115","url":null,"abstract":"Birth defects or congenital anomalies affect an estimated 1 in 33 infants, resulting in 3.2 million children with disabilities relating to birth defects every year. In addition, 11.3% of 2.68 million infant mortality caused by birth defects. South-East Asia region has the second highest prevalence of birth defects in the world, 9% of under-five deaths and 12% of newborn deaths in South-East Asia Region were due to congenital anomalies in 2015. In response to this, some countries have established law to prevent children from congenital anomalies. In fact, genetic is not the single factor causing the congenital anomalies. In many cases they were also the result of wrongful conduct of persons. The United Kingdom, for example, had passed a law to deal with the issue of congenital anomalies since 1976. Considering the above-mentioned statistic of birth defects in South-East Asia region, Indonesia have to take an action to prevent or reduce their occurrence. The paper aims to explore the possible ways to prevent the congenital anomalies in Indonesia. It is found that the prevention of congenital anomalies can be made through legal instruments. Unfortunately, the existing law, including the Child Protection Act, do not cover such an issue. With regard to this, the reform upon the law relating to it is urgent. For this purpose, learning from other countries such as the United States and the United Kingdom seems to be necessary.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115089239","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}

引用次数: 0

A Comparative Legal Studies of Abortion Policies in Indonesia, Malaysia and England 印度尼西亚、马来西亚和英国堕胎政策的法律比较研究

Indonesian Comparative Law Review Pub Date : 2020-07-03 DOI: 10.18196/iclr.2114

Nur Ras Firzaa

引用次数: 0

The Doctrine of Informed Consent and Duty of Disclosure: A Comparative Essay between the US, UK, Australia and Malaysia with Indonesia 知情同意原则与披露义务:美、英、澳、马与印尼之比较

Indonesian Comparative Law Review Pub Date : 2020-07-03 DOI: 10.18196/iclr.2113

Alyssa Dalila Badli Esham

{"title":"The Doctrine of Informed Consent and Duty of Disclosure: A Comparative Essay between the US, UK, Australia and Malaysia with Indonesia","authors":"Alyssa Dalila Badli Esham","doi":"10.18196/iclr.2113","DOIUrl":"https://doi.org/10.18196/iclr.2113","url":null,"abstract":"The study aims to compare and contrast the position of four countries (The US, UK, Australia, and Malaysia) regarding informed consent, particularly on the subject of disclosure of information with Indonesia. Other than that, the legal issues to be studied were the implications brought upon the healthcare and judicial system in the respective countries as well as the advantages and disadvantages of each test propounded. It was found that previously the welfare of the patient in regards to their right to receive information (especially risks) regarding their medical treatment was only up to the discretion of the medical practitioner and other members of the medical profession, which eliminates liability against a negligent doctor if it was found that other members of the medical community would have done the same as him. It was not until the case of Rogers v Whitaker that the spectrum widened and allowed the courts to determine that whatever that should be disclosed to the patient must be something that the patient attaches significant risk to, this is then named the “Prudent Patient Test”, used by most countries in this study. The study finds that as an implication, most countries have departed from the previous paternalistic approach by doctors and as an advantage, encouraged individualism and the reduction of the patients as passive recipients in their own health care. Since most of the comparative countries are similar in application, it was found that the medical law envisioned and enforced in the respective countries was quite different compared to the civil legal system in Indonesia. Other than that, as a country that is highly ingrained with Islamic values of life, the perspective of human rights and individualism in Indonesia is distinct with most of the other countries studied .","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121825068","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}

引用次数: 3

The Salad Days of the EU Digital Service Tax 欧盟数字服务税的好日子

Indonesian Comparative Law Review Pub Date : 2019-09-02 DOI: 10.18196/iclr.1208

A. Nugroho

引用次数: 0

Unitary, Federalized, or Decentralized?: The Case Study of Daerah Istimewa Yogyakarta as the Special Autonomous Regions in Indonesia 单一化、联邦化还是去中心化?:印尼的Daerah istimea和Yogyakarta作为特别自治区的案例研究

Indonesian Comparative Law Review Pub Date : 2019-09-02 DOI: 10.18196/iclr.1210

Ming-Hsi Sung, H. A. Hakim

{"title":"Unitary, Federalized, or Decentralized?: The Case Study of Daerah Istimewa Yogyakarta as the Special Autonomous Regions in Indonesia","authors":"Ming-Hsi Sung, H. A. Hakim","doi":"10.18196/iclr.1210","DOIUrl":"https://doi.org/10.18196/iclr.1210","url":null,"abstract":"The professed constitutional unitary state claim has been highly debated. Some argue that Indonesia shall be a unitary state in name, pursuant to Article 1 Para. III of the Indonesian Constitution, but Constitutional reforms after 1998 when the autocratic President Gen. Soeharto stepped down granted broad authority to local government, leading Indonesia to a quasi-federation situation in practice. On the other hand, some stick to the aforementioned Article, insisting that decentralization embedded in the Constitution Article 18 Para. II is by no means making Indonesia federal. This article takes the Act No. 13 of 2012 on Special Region of Yogyakarta (the Daerah Istimewa Yogyakarta) granting autonomy to Daerah Istimewa Yogyakarta as a case study to argue for the latter, asserting that the case merely exemplifies the decentralization characteristic embedded in the Constitution. This paper first examines the political features of federalism through a historical legal perspective, showing that the current state system in Indonesia is decentralized but not federalized. This paper concludes that the recognition of Daerah Istimewa Yogyakarta as an autonomous region is simply a practice of constitutional decentralization. This paper also higlights that with recent political development, echoing that the decentralization theory is not a product of legal interpretation, but a constitutional and political reality.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116995632","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}

引用次数: 1

Facing the Industrial Revolution 4.0: Taiwanese and Indonesian Perspective 面对工业革命4.0:台湾与印尼的观点

Indonesian Comparative Law Review Pub Date : 2019-09-02 DOI: 10.18196/iclr.1209

Try Hardyanthi, Falah Al Ghozali, Muhammad Arizka Wahyu

{"title":"Facing the Industrial Revolution 4.0: Taiwanese and Indonesian Perspective","authors":"Try Hardyanthi, Falah Al Ghozali, Muhammad Arizka Wahyu","doi":"10.18196/iclr.1209","DOIUrl":"https://doi.org/10.18196/iclr.1209","url":null,"abstract":"Industrial Revolution 4.0 offers both challenges and opportunities for all countries. Every country has to adopt best strategies to deal with its dynamic and complexity. This paper aims at discussing the legal policies adopted by Indonesia and Taiwan to face this industrial revolution. This research employs a descriptive - qualitative method with comparative approach. It is found that Industrial Rrevolution 4.0, also known as the intelligent industry, seeks to transform a company into an intelligent organization to achieve the best business results. Indonesia officially launched the road-map called “Making Indonesia 4.0” in 2018. In the same year, Indonesia has started to set up the main plain of the program for five focuses sectors ex: food and drink, textile and clothing, automotive, chemist and electronic, and additional ten cross priority sectors. While Taiwan proposed its own version of Industry 4.0 called “Productivity 4.0” in 2014. This includes the use of large quantity of robots and production lines, the automation of manufacturing procedures, the introduction of Industry 4.0 and Internet of Things (IoT) technology, and cloud computing for immediate data processing. It makes Industry 4.0 as the national policy for industrial transformation.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"67 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126771077","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}

引用次数: 2