Stanford journal of law, science & policy最新文献

{"title":"Responsibility Of Doctors Who Perform Malpractices (An Overview Under Health Law)","authors":"Benny L H Hutahaean","doi":"10.35335/jls.v2i1.1604","DOIUrl":"https://doi.org/10.35335/jls.v2i1.1604","url":null,"abstract":"The public's trust and positive assessments of the medical world are starting to decline, the medical world that used to seem unreachable by the law can now become a legal problem. This can be seen from the news that is reported by various mass media, both print and electronic media, there are often legal cases both civil and criminal which are examined by the Court related to medical practice or are often mentioned by many groups as: “Malpractice Medical\". The problems that will be discussed by the author in writing this thesis are: What are the limitations that can be used to determine that a doctor has committed medical malpractice on a patient; What actions or legal remedies can a patient or his family take if he is exposed to medical malpractice; What sanctions can be imposed on doctors who commit medical malpractice as a form of responsibility of doctors to their patients. The type of research used in this paper is a normative juridical research, namely research conducted on written regulations governing health law and legal materials related to medical malpractice.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"82 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90818565","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 Existence Of Regional Representative Boards In The Indonesian Representative Institution System","authors":"Alexander J Sinukaban","doi":"10.35335/jls.v2i1.1607","DOIUrl":"https://doi.org/10.35335/jls.v2i1.1607","url":null,"abstract":"The Regional Representative Council is a state institution that has a certain structure, position, task and authority by the 1945 Constitution which has been amended. With the presence of this state institution, it also influences and changes the structure of the people's representative institutions in Indonesia, and also the Indonesian state administration system. In the course of the system of Indonesian representative institutions, there was an institution whose duties and capacities were similar to those of the Regional Representatives Council, namely the Senate. Where the Senate was formed during the validity period of the RIS Constitution, along with the development of the Indonesian state administration, this institution was also erased when the Indonesian Constitution returned to the 1945 Constitution. The existence of this institution was replaced with Regional Representatives and Group Delegates, in which they represented regions and groups. certain groups in Indonesia. The first, second, third, and fourth amendments to the 1945 Constitution gave birth to the Regional Representative Council where with this amendment there was a change in the Indonesian state administration system, where with this amendment the People's Consultative Assembly changed both its structure and position, in its structure the People's Consultative Assembly The People's Representative Council consists of the People's Representative Council and the Regional Representative Council, while its position is no longer the highest state institution, but it is equal to the DPR, DPD, President, and other State Institutions as State High Institutions. The Regional Representative Council has similarities with several similar institutions in other countries, namely the Senate (United States) and the State Council (Malaysia) where they already have a strong position in the parliamentary system in their respective countries.The position, duties, rights, and authorities of the Regional Representatives Council in the Indonesian state administration system do not appear to have the same power as the very powerful House of Representatives. This is what invites debate in the existence of the Regional Representative Council. Where the existence of the Regional Representative Council should be improved and given a position and authority that is equal to the Regional Representative Council.","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76911972","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 Review Doctor’s Professional Liability Insurance To Patients","authors":"Febrina Lorence Sitepu","doi":"10.35335/jls.v2i1.1613","DOIUrl":"https://doi.org/10.35335/jls.v2i1.1613","url":null,"abstract":"The cause of disputes that occur between patients and doctors is often due to an alleged medical malpractice carried out by doctors in carrying out their duties as providers of health services to patients, and resulting in losses for patients. Through professional liability insurance, doctors can transfer all risks of a patient's lawsuit against him to the insurer by paying a certain premium, and the insurer provides compensation to the patient who filed the lawsuit. As for the problem in this thesis is how the professional obligations of doctors in providing services to patients and the possibility of malpractice as the basis for the existence of medical professional liability insurance,The research method used in the preparation of this thesis is the normative juridical method. The normative juridical research method is used in this study to conduct searches on legal norms, as well as to obtain data and information contained in various literatures in libraries, research journals, newspapers, magazines, internet sites and so on. Doctors' professional obligations in providing services to patients are regulated in the Indonesian Medical Code of Ethics (KODEKI) and Law No. 29 of 2004 concerning Medical Practice. Broadly speaking, the doctor's professional obligations to the patient are: protecting the life of human beings, being sincere and using all their knowledge and skills for the benefit of the patient, keeping everything he knows about a patient even after the patient dies, performing emergency assistance as a duty. humanity, as well as increase knowledge and follow the development of medical science or dentistry. Medical malpractice is a doctor's behavior that is not right, which violates morals and laws. This malpractice occurs due to negligence in carrying out the practice of the medical profession. Legal liability insurance arises in connection with legal aspects in society where it is possible to sue other parties as individuals or business entities for careless actions or negligence. Arrangements for legal relations between doctors and insurance companies are specifically regulated in insurance policies. The policy is used as evidence that there has been an insurance agreement between the insurer (insurance company) and the insured (doctor). In addition, the regulation of legal relations between doctors and insurance companies is also regulated in the Commercial Code, the Civil Code, and Law no. 23 of 1992. The forms of risk that can be transferred by the doctor as the insured with the insurance company as the insurer are: bodily injury to the patient caused by the actions of the insured that occur in the area of ??coverage during the validity of the policy, actions taken by authorized health workers who are not doctors or doctors teeth that help the insured, events that result in loss and claims from patients, professional liability insurance only applies to compensation for losses that are determined to be located in the country of ad","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88331090","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 Perils of Taking Property Too Far.","authors":"Christopher Heaney, Julia Carbone, Richard Gold, Tania Bubela, Christopher M Holman, Alessandra Colaianni, Tracy Lewis, Robert Cook-Deegan","doi":"10.1901/jaba.2009.1-46","DOIUrl":"10.1901/jaba.2009.1-46","url":null,"abstract":"","PeriodicalId":89014,"journal":{"name":"Stanford journal of law, science & policy","volume":"1 ","pages":"46-64"},"PeriodicalIF":0.0,"publicationDate":"2009-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2902196/pdf/nihms111841.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"29122667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}