Rechtsidee最新文献_第2页

Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation 印度尼西亚的个人公司：通过简化企业组建促进经济增长与公平

Rechtsidee Pub Date : 2023-08-08 DOI: 10.21070/jihr.v12i2.998

Femmy Silaswaty Faried, Hanuring Ayu Ardhani Putri, Dyah Ayu Sekar Arum, Shaffanisa Alivia Az-Zahra

{"title":"Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation","authors":"Femmy Silaswaty Faried, Hanuring Ayu Ardhani Putri, Dyah Ayu Sekar Arum, Shaffanisa Alivia Az-Zahra","doi":"10.21070/jihr.v12i2.998","DOIUrl":"https://doi.org/10.21070/jihr.v12i2.998","url":null,"abstract":"In the pursuit of an organized and conducive business environment, the Indonesian government has ratified the Job Creation Law, introducing a legal concept of Individual Corporations for small and medium-sized entrepreneurs (UMK). This normative study employs a conceptual approach through Economic Analysis of Law, using primary, secondary, and non-legal materials to analyze the implications and orientation of this policy. The research findings suggest that the implementation of Individual Corporations, requiring only one founder or shareholder for establishment, leads to ease in creation and expansion of micro-small businesses, potentially impacting the ease of doing business index positively. This policy also fosters a proportionately growing, fair national economic structure, and is expected to enhance employment opportunities. The introduction of Individual Corporations represents a significant change in Indonesia's corporate law, aligning with national goals to improve investment conditions.Highlights: Introduction of Individual Corporations requiring only one founder simplifies business formation. Positive impact on the ease of doing business index and alignment with national investment goals. Fosterment of a proportionate, growing, and fair economic structure, enhancing employment opportunities. Keywords: Individual Corporations, Economic Growth, Small Entrepreneurs, Business Formation","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139351398","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

Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework 公证检查委员会在印度尼西亚法律框架内的合法性

Rechtsidee Pub Date : 2023-07-25 DOI: 10.21070/jihr.v12i2.999

Ahmad Muhajir Firrizqi Mubaroq, Sugeng Muljosantoso, Dessi Anggraeni, Tabroni

{"title":"Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework","authors":"Ahmad Muhajir Firrizqi Mubaroq, Sugeng Muljosantoso, Dessi Anggraeni, Tabroni","doi":"10.21070/jihr.v12i2.999","DOIUrl":"https://doi.org/10.21070/jihr.v12i2.999","url":null,"abstract":"This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights: No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position. Notary Examination Board is part of the Notary Supervisory Board. Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process. Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139355357","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

Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications 通过 WhatsApp 探查 M-Banking 中的网络犯罪：比较法律框架和影响

Rechtsidee Pub Date : 2023-07-24 DOI: 10.21070/jihr.v12i2.985

Tsania Aziziyah, Didik Endro Purwoleksono, Taufik Rachman

{"title":"Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications","authors":"Tsania Aziziyah, Didik Endro Purwoleksono, Taufik Rachman","doi":"10.21070/jihr.v12i2.985","DOIUrl":"https://doi.org/10.21070/jihr.v12i2.985","url":null,"abstract":"This normative legal research investigates the regulatory landscape and legal responsibilities surrounding sniffing cybercrimes in mobile banking (M-Banking) operations via the WhatsApp application. The study uniquely aligns its analysis with established laws like the Information and Electronic Transaction Law (UU ITE) and the Personal Data Protection Law (UU PDP), elucidating the nuances in sanctions stipulated by these respective legislations. It reveals that the UU ITE and its amendments carry more severe sanctions than the UU PDP. However, based on the lex specialis derogate legi generalis principle and teleological/sociological interpretations of the law's purpose, it concludes that Article 67 (1) of UU PDP governs such sniffing offenses in M-Banking via WhatsApp. The implicated legal liability includes a maximum prison sentence of five years and/or a fine up to five hundred billion rupiah. Moreover, the research underscores the accountability of banking institutions to compensate for the losses suffered by victims, encompassing the replacement of the full or partial account balance or other agreed forms of responsibility. These findings have critical implications for cybersecurity regulations, and the banking sector's duty of care towards customers in the digital era.Highlights: Disparity: Penalties under UU ITE and UU PDP differ for sniffing cybercrimes. Governing Law: Sniffing crimes in M-Banking via WhatsApp fall under UU PDP, Article 67 (1). Liability: Banks are responsible for compensating victims' losses. Keywords: Sniffing Cybercrimes, M-Banking, WhatsApp, Legal Framework, Bank Accountability.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139355842","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

Trademark Infringement: An Analysis of the Gudang Garam versus Gudang Baru Case and Its Global Implications 商标侵权:鼓当嘎拉姆诉鼓当巴鲁案分析及其全球启示

Rechtsidee Pub Date : 2023-07-01 DOI: 10.21070/jihr.v12i2.992

Goesman Goesman, Markoni Markoni

{"title":"Trademark Infringement: An Analysis of the Gudang Garam versus Gudang Baru Case and Its Global Implications","authors":"Goesman Goesman, Markoni Markoni","doi":"10.21070/jihr.v12i2.992","DOIUrl":"https://doi.org/10.21070/jihr.v12i2.992","url":null,"abstract":"This study conducts a qualitative analysis of the trademark dispute between Gudang Garam and Gudang Baru concerning brand names and imagery on products, employing a case study method alongside normative legal and conceptual approaches. The research delves into the judges' legal considerations and the trademark rights arrangement, focusing on Gudang Garam, a renowned brand. The results establish that Gudang Baru violated the 2016 trademark registration provisions (Article 1 Paragraph (1) of Law N 20 and Article 18 Paragraph (3) of Ministerial Regulation No. 67), prompting the Intellectual Property Office to reject all applications. This case underlines the importance of respecting well-established brands and legal implications for trademark registrations, informing future practices in the field.Highlights: \u0000 \u0000Violation of trademark registration provisions by Gudang Baru. \u0000Enforcement of the trademark rights of well-known brand Gudang Garam. \u0000Legal implications influencing future trademark registration practices. \u0000 \u0000Keywords: Trademark Dispute, Gudang Garam, Gudang Baru, Trademark Registration, Legal Implications. \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45298801","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

Enhancing Legal Protection for Digital Transactions: Addressing Fraudulent QRIS System in Indonesia 加强对数字交易的法律保护:解决印尼欺诈性QRIS系统问题

Rechtsidee Pub Date : 2023-06-30 DOI: 10.21070/jihr.v12i1.990

Mas Rara Tri Retno Herryani

{"title":"Enhancing Legal Protection for Digital Transactions: Addressing Fraudulent QRIS System in Indonesia","authors":"Mas Rara Tri Retno Herryani","doi":"10.21070/jihr.v12i1.990","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.990","url":null,"abstract":"This study examined the legal safeguards necessary to combat fraudulent QRIS systems in digital transactions, focusing on the imperative need to protect consumers who are often more vulnerable than business entities in the digital transaction process. Employing a normative legal research methodology, the study utilized a legislative approach and concept analysis to deliver its findings. The study revealed that preventive legal protection, manifesting as increased public awareness and understanding of the QRIS system, its use, and associated criminal potentials, is essential. Repressive legal protection should be implemented by enhancing the capacity and infrastructure of law enforcement agencies. In cases of internal issues with the QRIS system, the liability of the system's creator or issuer must be clearly defined. The electronic system's execution can be managed by the electronic system provider or delegated to e-business agent operators, underlined by good faith, transparency, accountability, fairness, and prudence. This research underscores the importance of extensive public socialization and training on the use and risks of the QRIS system, providing implications for bolstering consumer protection laws, enhancing law enforcement capacity and infrastructure, and refining electronic transaction regulations in Indonesia. \u0000 \u0000 \u0000 \u0000Highlights: \u0000 \u0000The vulnerability of consumers in digital transactions necessitates robust legal safeguards, particularly regarding the use of the QRIS system. \u0000Both preventive (educational) and repressive (enforcement) legal protections are vital to combat fraudulent digital transactions and enhance consumer confidence. \u0000Enhancing law enforcement capabilities and infrastructure, as well as clearly defining the liability of QRIS system issuers, is imperative for maintaining the integrity of digital transactions. \u0000 \u0000Keywords: Legal protection, digital transactions, fraudulent QRIS, consumer protection, law enforcement capacity. \u0000 \u0000 \u0000","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49065568","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

COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations 新冠肺炎危机与紧急状态：分析影响、悖论和建议

Rechtsidee Pub Date : 2023-06-29 DOI: 10.21070/jihr.v12i1.989

Salim Neamah, A. Rawdhan, Haeder Rashed

{"title":"COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations","authors":"Salim Neamah, A. Rawdhan, Haeder Rashed","doi":"10.21070/jihr.v12i1.989","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.989","url":null,"abstract":"This scientific article examines the exceptional situation that emerged during the COVID-19 pandemic and the subsequent imposition of states of emergency, which raised concerns about potential abuses of power by governments. Employing analytical and comparative approaches, the research explores the connection between the pandemic and its effects on human rights and freedoms, particularly regarding movement and assembly restrictions. The study highlights the diverse implementation of states of emergency across countries during the crisis. The findings reveal international gaps in preparedness, the violation of human rights, and the potential exploitation of emergencies for other purposes. Recommendations include enhancing international cooperation, reevaluating intellectual property rights related to combating epidemics, establishing a global health cooperation fund, setting reasonable limits for emergency measures, and implementing internal monitoring committees to ensure the proportionality of restrictions. These insights have significant implications for global health security, human rights protection, and international collaboration in response to future health emergencies.Highlights: \u0000 \u0000 \u0000Impact of state of emergency: Examining the repercussions of COVID-19 pandemic emergency measures on human rights. \u0000 \u0000 \u0000Global health challenges: Assessing health system effectiveness in confronting COVID-19 and its impact on human rights. \u0000 \u0000 \u0000Recommendations for action: Proposing measures for international cooperation, intellectual property rights reconsideration, establishing a health cooperation fund, setting reasonable emergency limits, and implementing monitoring committees. \u0000 \u0000 \u0000Keywords: COVID-19, state of emergency, human rights, global health, recommendations. \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48207668","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

Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements 重新定义合同的私密性:商品交付协议中消费者未开发的权利

Rechtsidee Pub Date : 2023-06-29 DOI: 10.21070/jihr.v12i1.980

Ghozi Naufal Qois, Zahry Vandawati Chumaida, Bambang Sugeng Ariadi Subagyono

{"title":"Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements","authors":"Ghozi Naufal Qois, Zahry Vandawati Chumaida, Bambang Sugeng Ariadi Subagyono","doi":"10.21070/jihr.v12i1.980","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.980","url":null,"abstract":"This study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks. \u0000Highlights: \u0000 \u0000The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses. \u0000The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale. \u0000Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law. \u0000 \u0000Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono. \u0000 \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45494853","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

Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective 法律歧义及其对妨害采矿案社区犯罪的影响——兼容并包的法律视角

Rechtsidee Pub Date : 2023-06-29 DOI: 10.21070/jihr.v12i1.979

Lade Sirjon

{"title":"Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective","authors":"Lade Sirjon","doi":"10.21070/jihr.v12i1.979","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.979","url":null,"abstract":"This normative legal research scrutinizes the implications of criminal provisions concerning parties who hinder mining, and critically investigates an inclusive legal perspective on the penalization of such parties. The research, underpinned by a conceptual and statutory approach, identifies that the ambiguous penal provisions can potentially result in criminalizing local communities engaging in activities perceived as obstacles to mining operations. It highlights a critical contradiction between these punitive measures and the principle of affirmative action within prophetic law. The study also exposes a legal obscurity pertaining to the lack of parameters to define acts that hinder or obstruct mining operations, which contributes to the risk of community criminalization around mining sites. The research culminates in suggesting legal and political strategies to address this issue: a judicial review at the Constitutional Court, and hearings and aspirations at the People's Representative Council (DPR) to revise mining criminal law regulations. This study reveals that such interventions are crucial to ensure lex certa, a component of the principle of legality, which can provide legal certainty to affected communities, thus reducing unwarranted community criminalization.Highlights: \u0000 \u0000Legal ambiguity may criminalize local communities. \u0000Current punitive measures contradict affirmative action. \u0000Judicial review and legislative amendments are necessary for legal certainty. \u0000 \u0000Keywords: Legal Ambiguity, Mining Obstruction, Community Criminalization, Inclusive Legal Perspective, Affirmative Action. \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46428380","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

Juridical Assessment of Collateral in Microfinance: A Statutory Approach 小额信贷担保物的法律评估：一种法定方法

Rechtsidee Pub Date : 2023-06-29 DOI: 10.21070/jihr.v12i1.997

S. Purwaningsih

{"title":"Juridical Assessment of Collateral in Microfinance: A Statutory Approach","authors":"S. Purwaningsih","doi":"10.21070/jihr.v12i1.997","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.997","url":null,"abstract":"This research investigates the juridical appraisal procedure employed by Microcredit Banks in Indonesia for land and building collateral. Utilizing a statute approach, the study scrutinizes both the subject (ownership status) and object (land location, boundaries, land status, and proof of ownership) of the collateral. The assessment also considers taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price. The findings reveal that a comprehensive analysis incorporating these diverse aspects is necessary for accurate valuation. The study underscores the vital role of collateral evaluation in loan disbursement, emphasizing that banks need to ensure that collateral meets all credit security conditions. Consequently, in the event of borrower default, banks can legally seize the collateral to recoup the outstanding debt. The findings have implications for enhancing microcredit banking regulations and for bolstering the legal protections of both banks and borrowers.Highlights: \u0000 \u0000Juridical appraisal procedure adopted by Microcredit Banks crucially considers both the subject and object of land and building collateral. \u0000Taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price, are integral to the comprehensive evaluation of collateral. \u0000Ensuring that collateral meets all credit security conditions is a paramount step in loan disbursement, providing legal protections for banks to recoup outstanding debt in the event of borrower default. \u0000 \u0000Keywords: Microcredit Banks, Collateral Evaluation, Juridical Assessment, Credit Security, Indonesian Banking Regulations. \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42573102","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

Legal Protection Mechanisms and Consequences for Medical Negligence in Healthcare Services 医疗服务中医疗过失的法律保护机制及其后果

Rechtsidee Pub Date : 2023-06-29 DOI: 10.21070/jihr.v12i1.994

Harsono Njoto

{"title":"Legal Protection Mechanisms and Consequences for Medical Negligence in Healthcare Services","authors":"Harsono Njoto","doi":"10.21070/jihr.v12i1.994","DOIUrl":"https://doi.org/10.21070/jihr.v12i1.994","url":null,"abstract":"This study critically examines the role of legal safeguards in enhancing healthcare service quality. Utilizing normative legal research methods, the study employs legislative and conceptual approaches to explore the dual nature of legal protection: preventive and repressive, in the context of healthcare professionals adhering to established Standard Operating Procedures (SOPs). The findings suggest that healthcare practitioners' negligence level and the resultant harm to patients or the public determines the legal implications. Such implications range from allegations of SOP and ethical code violations, to civil litigation for damages, and even criminal charges if medical actions endanger lives, potentially causing patient mortality. Therefore, the study highlights the necessity for legal accountability for healthcare practitioners, emphasizing that their service delivery must align with the set SOPs. These findings have profound implications for policy-making, emphasizing the need for robust legal protection for both healthcare practitioners and service recipients, thereby ensuring improved healthcare service quality.Highlights: \u0000 \u0000Dual nature of legal protection in healthcare. \u0000Negligence level dictates legal consequences. \u0000Emphasis on healthcare practitioners' legal accountability. \u0000 \u0000Keywords: Legal Protection, Healthcare Services, Medical Negligence, Standard Operating Procedures, Legal Consequences \u0000 \u0000 ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41453241","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