Rechtsvinding

Dentist's Responsibility for Improper Implementation of Informed Consent

2025-08-07T02:58:37+00:00

The purpose of this study is to analyze the application of informed consent to dentists' responsibilities under civil law and to analyze the application of informed consent to dentists' responsibilities under criminal law. This study falls into the category of normative legal research. The research approaches used consist of a legislative approach, a comparative approach, and a conceptual approach. The findings in this study indicate that the implementation of informed consent, in the context of civil liability, reflects the application of contractual principles in the professional relationship between dentists and patients. This relationship is based on a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). This study also shows that without valid consent from the patient, medical actions performed by dentists may lose their legal justification and, from a juridical perspective, can be classified as unlawful acts, such as abuse or negligence resulting in criminal consequences. This is in line with the provisions of Article 440 of Law Number 17 of 2023 concerning Health, which regulates criminal sanctions for medical personnel whose negligence causes serious injury or death. This provision is further strengthened by the general provisions in Articles 466 to 469 of Law Number 1 of 2023 concerning the Criminal Code (KUHP) which regulates criminal acts against the human body.

Development and Evolution of Indonesian Law from the Perspective of Development Law Theory

2025-08-08T09:29:52+00:00

This research examines the development of Indonesian law from the perspective of the Theory of Development Law proposed by Mochtar Kusumaatmadja, emphasizing the role of law as a proactive agent in social transformation. Using a normative-juridical approach, the analysis focuses on strategic regulations such as the Investment Law and the Job Creation Law, which, despite aiming to boost economic growth, still fail to fundamentally address social inequality. This paper also explores the challenges of the digital age, particularly digital inclusion, data protection, and algorithmic fairness, which are becoming increasingly crucial in legal systems. The research results indicate that the current development of Indonesian law is more focused on economic growth, but is not yet effective enough in addressing social and economic inequality. The law needs to be reformed to be more just and inclusive, providing real protection for marginalized groups, and developing law theory must adapt to the digital era and the data economy. Digital regulation is important for data protection and inclusion, as well as leveraging technology to ensure justice and equitable access in technology-based development. These findings propose more inclusive and just legal reforms, focusing on strengthening legal institutions and culture to protect marginalized groups and ensure equal and transparent legal access for all members of society, and digital regulations must be developed to guarantee the protection of personal data, digital inclusion, and transparency using the latest technologies, so that the benefits of digital transformation can be felt equally without creating new disparities.

Analysis of Decision Number 291/Pdt.G/2024/Pa.Prob Regarding the Revocation of the Mediation Agreement Outside the Presence of the Defendant from the KHI Perspective and Civil Law

2025-08-09T05:09:48+00:00

This study aims to analyze the legal considerations of the panel of judges at the Probolinggo Religious Court in Decision Number 291/Pdt.G/2024/PA.Prob regarding the withdrawal of a mediation agreement in the absence of the defendant, from the perspective of the Compilation of Islamic Law (KHI) and civil law. The background of this research is based on the fact that mediation is a mandatory stage in civil cases, including divorce cases, as stipulated in Supreme Court Regulation Number 1 of 2016. However, in practice, problems arise when a mediation agreement is unilaterally withdrawn without the presence of one party, creating legal implications for the validity of the agreement. This research employs a qualitative method with normative juridical and empirical juridical approaches. Primary data were obtained through interviews with mediators, judges, and litigants, while secondary data were sourced from laws and regulations, legal literature, and case documents. The findings reveal that the withdrawal of a mediation agreement without the presence of the defendant has the potential to violate the principles of balance and good faith in agreements as regulated in Article 1338 of the Indonesian Civil Code. From the perspective of KHI, such an action is inconsistent with the principles of deliberation and amicable settlement as stipulated in Articles 115 and 116 of KHI. The panel of judges in this decision considered the existence of procedural violations in the withdrawal process, thereby declaring the mediation agreement non-binding. These findings emphasize the importance of the presence of both parties in the mediation and agreement withdrawal process to ensure legal certainty and substantive justice.

Reconstructing the Distribution of Inheritance in Islamic Family Law: Normative and Contextual Analysis in Indonesia

2025-08-20T06:52:18+00:00

Inheritance disputes remain a common source of conflict in Muslim families in Indonesia, reflecting tensions between classical fiqh provisions, the Compilation of Islamic Law (KHI), customary practices, and judicial interpretation. This article reassesses the principles of inheritance distribution in Islamic Family Law and develops a reconstruction that is faithful to scripture while responsive to contemporary justice. Using a library research design with a normative-juridical approach, the study applies content analysis to primary sources (the Qur’an, Hadith, fiqh manuals of the four schools, and the KHI) and secondary sources (recent books, journal articles, and selected judicial rulings). The findings highlight three points: (1) legitimate juristic discretion—such as obligatory bequest, hibah, and amicable settlement—can bridge the gap between strict faraidh ratios and contextual justice; (2) Indonesian judicial practice tends to accommodate family welfare but lacks a consistent assessment framework; and (3) disputes often recur in determining heirs, classifying joint property, and applying the 2:1 ratio where female heirs face social or economic vulnerability. This study proposes a threefold test—justice (al-‘adalah), welfare (al-maslahah), and proportionality—as an interpretive tool to justify limited departures from faraidh in specific contexts without contravening Qur’anic injunctions. It concludes that reconstruction grounded in maqāṣid al-sharī‘ah provides a viable pathway to harmonize Islamic inheritance law with contemporary justice and Indonesia’s national legal framework

Online Hospital Medical Dispute Resolution Model to Create Fairness

2025-08-20T23:02:27+00:00

This research aims to develop an online medical dispute resolution model in hospitals to create fairness for patients and medical personnel. The method used is a qualitative study with a descriptive analysis approach, collecting data through observation, interviews, and literature studies on the mechanism of medical dispute resolution and the application of digital technology in the process. The focus of the research is focused on how online systems can provide transparent, efficient, and easily accessible access for all relevant parties. The results of the study show that the use of an online medical dispute resolution model is able to increase the effectiveness and efficiency in handling dispute problems in hospitals. This technology-based process not only speeds up communication and decision-making, but also reduces administrative burdens and reduces the potential for prolonged conflicts. The model allows for neater and more transparent documentation, helping to maintain accountability and integrity of the settlement process. In addition, the implementation of the online system can increase patient and medical satisfaction because case resolution becomes faster and communication is more open, creating a greater sense of justice in health services.

Application of Ethical Sanctions for Abuse of Influence by Members of The Corruption Eradication Commission

2025-09-30T08:24:58+00:00

The establishment of the Republic of Indonesia as a State of Law requires that all actions must be based on the Law, this is also done in the Corruption Law Enforcement institution which is regulated in Law Number 30 of 2002 concerning the Corruption Eradication Commission, although in its journey there are violations such as those committed by the deputy chairman of the Corruption Eradication Commission, namely brother NG, who has been sanctioned by the KPK Supervisory Board with moderate sanctions as stipulated in the Regulation of the Supervisory Board of the Corruption Eradication Commission of the Republic of Indonesia Number 3 of 2021 concerning Enforcement of the Code of Ethics and Code of Conduct of the Corruption Eradication Commission, but this does not reflect justice considering NG's position as KPK Leader. In this case, the problem formulation is used, namely 1) How is the application of ethical sanctions against abuse of influence by members of the Corruption Eradication Commission? 2) Can Ethical Sanctions be Used as a Foundation in Law Enforcement of Corruption Crimes? By using the Normative Juridical research method and 2 (two) Approach Methods, namely the statute approach, conceptual approach, several conclusions were drawn that the sanctions imposed on Ng as KPK Leader did not reflect justice and fulfill the theory of punishment, namely the deterrent effect, where NG should have been imposed with severe sanctions considering his position as KPK Leader

Juridical Analysis of the Annulment of the Execution of Arbitral Awards by the District Court in the Supreme Court Decision

2025-09-30T17:45:52+00:00

Arbitral awards in Indonesia are final and binding under Article 60 of Law No. 30/1999, yet District Courts (DCs) frequently annul enforcement through Article 70, creating legal uncertainty. This article examines annulment patterns in the Jakarta, Bekasi, and Tangerang DCs, alongside the Supreme Court’s (SC) role in safeguarding arbitral finality. Employing a doctrinal legal method through case analysis of four SC rulings (2021–2024) and comparative review of DC reasoning, the study identifies three dominant grounds: Jakarta DC broadly invoked public policy violations (60% of cases), Bekasi DC emphasized procedural defects (75%), while Tangerang DC referred to public interest conflicts. However, the SC overturned 85% of these rulings, reaffirming that (1) Article 70 applies only to concrete procedural or public policy breaches, (2) DCs lack authority to reassess the merits of arbitral awards, and (3) non-material defects cannot justify annulment. These findings reveal inconsistent DC interpretations, particularly the expansive notion of public policy adopted by Jakarta DC, which contrasts with the SC’s narrow, procedure-focused approach. Such disparities undermine arbitral finality and discourage foreign investment. The SC thus plays a pivotal role as a legal filter, though systemic reforms remain necessary through specialized judicial training, jurisprudential harmonization, and legislative revision of Indonesia’s Arbitration Law.

Problems with the Authority of Institutions Handling Corruption Crimes: Challenges and Obstacles in Realizing Peace, Justice, and Strong Institutions in Indonesia

2025-10-01T03:55:40+00:00

The handling of corruption crimes has become a scourge in Indonesia's law enforcement system. Corruption crimes are extraordinary crimes that must be dealt with through special procedures in separate legal proceedings. In 2002, the government established the Corruption Eradication Commission through Law No. 30 of 2002 on the Corruption Eradication Commission. However, over time, other institutions such as the Attorney General's Office and the Police also gained authority in prosecuting corruption. This has led to legal uncertainty in the prosecution of corruption crimes and has the potential to create overlapping authorities. Meanwhile, Point 16 of the SDGs states that there should be strong state institutions in terms of law enforcement. The research method used is normative juridical with a legislative and conceptual approach. The results and discussion show that the a quo condition of corruption enforcement institutions is still held by three institutions, namely the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the Indonesian National Police. All three have their own legal basis through Law No. 19 of 2019 concerning Amendments to Law No. 30 of 2002, Law No. 16 of 2004 concerning the Attorney General's Office and its amendments, and Law No. 2 of 2002 concerning the Indonesian National Police and its amendments, all of which grant authority to prosecute criminal acts of corruption. Therefore, the solution to this problem is to abolish the KPK and strengthen the authority of the Attorney General's Office of the Republic of Indonesia because the essential function of the KPK's establishment has been carried out until now, namely as a trigger in the enforcement of criminal acts of corruption in Indonesia, so that its existence is considered irrelevant at this time. This is also in line with point 16 of the SDGs, which requires the strengthening of law enforcement agencies to support the enforcement of the SDGs in Indonesia.

Legal Protection for Crime Victims in the Criminal Justice System

2025-10-09T09:42:54+00:00

Crime victims in the criminal justice system often face situations where their rights are inadequately protected, both procedurally and substantively. This article aims to analyze the legal protection mechanisms for crime victims in Indonesia, covering applicable regulations, judicial practices, and implementation challenges. The method used is normative juridical research through a literature study of legislation, legal doctrines, and previous research findings. The analysis shows that although Indonesia has established a legal framework such as the Law on Witness and Victim Protection (Law No. 13 of 2006 jo. Law No. 31 of 2014), the Criminal Procedure Code (KUHAP), and other sectoral regulations, the realization of victim protection remains suboptimal. Victims often lack access to compensation, protection from intimidation, and psychological recovery services. Therefore, institutional strengthening, improved regulatory implementation, and the adoption of restorative justice approaches are needed to ensure more effective and equitable protection for victims.

The Concept and Implementation of Customary Law in Indonesian Society

2025-10-09T13:35:13+00:00

Customary law is a legal system that has grown and developed within Indonesian society, rooted in cultural values, traditions, and local customs. This law is living, dynamic, and possesses normative authority recognized within the national legal system. This article aims to elaborate on the fundamental concepts of customary law, its characteristics, and its application within the context of modern Indonesian society. The study employs a qualitative descriptive approach through a literature review method, drawing on various legal sources and previous research. The findings indicate that customary law not only functions as a regulator of social behavior but also serves as a moral foundation for maintaining societal harmony. Despite the challenges posed by globalization and modernization, customary law remains relevant as long as it can adapt to the principles of social justice and the national legal framework.

Legal Policy on Changing the Nomenclature of the Ministry of State-Owned Enterprises to the State-Owned Enterprise Management Agency in Indonesia

2025-10-12T16:47:14+00:00

The reform of the governance of State-Owned Enterprises (BUMN) in Indonesia demands a fundamental separation of roles to balance the function of public service with an efficient and competitive corporate approach, as BUMN carries out the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI Tahun 1945). The previous dualism of functions between regulator and operator inherent in the Ministry of BUMN had hindered performance optimization and created the risk of political intervention, consequently triggering an urgent need to form entities focused on economic value and managerial independence. The establishment of the Danantara Investment Management Agency (BPI Danantara) as the operator holding and the BUMN Regulatory Agency (BP BUMN) as the regulator represents a strategic legal political policy aimed at eliminating moral hazard, enhancing accountability, and attracting global investment. This research employs a normative juridical method with statutory and conceptual approaches. The research results indicate that BPI Danantara is designated as the economic controller and business operator through majority share ownership, functioning as a professional fund manager responsible for value creation, restructuring, and the remediation of loss-making BUMN through a corporate cross-subsidy scheme. Conversely, BP BUMN plays the role of an independent regulator focusing on setting general policy directions, governance standards, and BUMN compliance oversight; however, the potential for conflicting authorities and the issue of meaningful participation in law formation must be addressed with robust check and balance mechanisms and highly detailed implementing regulations.

Expansion of Legal Measures Beyond Article 77 of The Criminal Code Concerning Pretrial and Constitutional Court Decision No. 76/PUU-XII/2014: Case Study No. 16/PDT. G/2022/PN. CBD

2025-10-13T05:50:32+00:00

This research discusses the expansion of legal remedies beyond Article 77 of the Indonesian Criminal Procedure Code (KUHAP) concerning pretrial mechanisms, focusing on the application of Constitutional Court Decision No. 76/PUU-XII/2014 in the context of civil tort claims (Perbuatan Melawan Hukum). The case study involves Case No. 16/Pdt.G/2022/PN.Cbd at the Cibadak District Court. Using a normative juridical and case study approach, the study analyzes primary legal documents, statutory regulations, and judicial decisions. Findings indicate that the investigator's summons without gubernatorial approval violated procedural legality and constitutional protection principles. Furthermore, premature media exposure of the plaintiff's identity contravened the presumption of innocence and caused immaterial harm not remediable through pretrial mechanisms. Thus, the tort lawsuit serves as a complementary alternative to pretrial review, reinforcing comprehensive legal protection for constitutional rights and personal reputation.

The Role of Law and Human Rights in Ensuring Social Justice and Poverty Eradication Through Social Assistance

2025-10-13T16:36:40+00:00

Poverty is a scourge in this country. In this case, the government uses a social assistance approach in the form of basic food supplies for the poor. This raises questions when confronted with the concept of the rule of law and human rights in relation to the state's solution in providing social assistance to them. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that the state uses a social assistance approach in the form of basic food supplies as a short-term solution, ignoring the actual economic conditions. Then, the state needs to formulate concrete legislation in order to provide definite social assistance to the lower-middle class so that the presence of the state as a state based on the rule of law and human rights becomes more certain by providing long-term solutions.

Juridical Review of The Use of CCTV E-Tickets in Traffic is Linked to Human Rights and The Right to Privacy of a Person Under The Constitution 1945

2025-10-13T06:19:59+00:00

This study aims to analyze the efficiency of CCTV usage in Indonesia’s E-Tilang system concerning traffic law enforcement and the protection of human rights, particularly the right to privacy as guaranteed under Article 28G(1) of the 1945 Constitution. The research employs a normative-empirical legal approach with descriptive-analytical methods. Data were collected through library research and interviews with police officials, the National Commission on Human Rights (Komnas HAM), and road users. Findings indicate that while E-Tilang effectively reduces traffic violations and minimizes extortion practices, it raises serious privacy concerns. Continuous CCTV surveillance without clear data retention limits, lack of transparency, and absence of post-enforcement data deletion mechanisms risk violating the purpose limitation and data minimization principles under Indonesia’s Personal Data Protection Law No. 27/2022. Therefore, regulatory reform based on privacy by design principles is essential, including establishing an independent oversight authority and enhancing public participation.

Legal Protection and Certainty for Children Born Out of Wedding Through Legal Remedies Recovering the Child's Origin in the Court (Analysis of Decision Number 196/Pdt.P/2023/Pn.Cbi)

2025-10-13T08:50:26+00:00

Legal protection and guarantees for illegitimate children are crucial issues in the Indonesian family law system, as their legal status often faces discrimination and uncertainty regarding the recognition of civil relationships, inheritance, and access to basic rights. This study aims to examine legal steps that can be taken to provide legal protection and guarantees for illegitimate children, particularly through the process of applying for a determination of the child's parentage in court. Using a normative juridical approach and case analysis, this study analyzes relevant legal provisions, court decisions, and the principles of human rights and the best interests of the child as stipulated in the Convention on the Rights of the Child and national regulations. The research findings reveal that although illegitimate children have historically faced a number of legal obstacles, developments in jurisprudence following Constitutional Court Decision No. 46/PUU-VIII/2010 have provided an opportunity for the recognition of civil relationships between children and their biological fathers through the process of applying for a determination of parentage in court. However, implementation in the field continues to face obstacles, both procedural and socio-cultural. Therefore, harmonization of legal norms, increased capacity of judicial officials, and extensive outreach are needed to ensure that every child, regardless of their origin, receives fair and non-discriminatory legal protection and certainty.

Juridical Review of the Confidentiality of Medical Check-Up (MCU) Results of Employees in Industrial Relations in Indonesia

2025-10-17T01:44:46+00:00

Medical Check-Up (MCU) is a legal requirement in industrial relations that serves to ensure employee health and occupational safety. However, the results of the MCU contain personal data that is sensitive and must be protected based on the provisions of medical confidentiality and laws and regulations in Indonesia. This study aims to analyze the legal framework that governs the confidentiality of MCU results, identify potential violations of the law, and provide juridical recommendations in efforts to protect employee health information. This study uses a normative juridical method with a legislative and conceptual approach. Data were obtained through literature studies that included primary, secondary, and tertiary legal materials, then analyzed descriptively and qualitatively. The results of the study show that the Health Law, the Employment Law, and the Personal Data Protection Law in Indonesia collectively form a strong legal foundation in recognizing the results of MCU as specific personal data that must be kept confidential. However, its implementation is still weak due to overlapping regulations, limited institutional capacity, and weak cybersecurity practices. Strengthening law enforcement, regulatory coordination, and institutional capacity are needed so that legal protection can be translated into real data privacy protection. Thus, the confidentiality of MCU results can only be effectively enforced through the synergy between legal certainty, professional ethics, and institutional governance.

New Direction of National Law Reform Through Revision of The Criminal Code

2025-10-18T12:15:13+00:00

The revision of the Criminal Code (KUHP) is a strategic step in realizing the reform of national law based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. The old Criminal Code as a product of Dutch colonialism (Wetboek van Strafrecht) is considered irrelevant to social, cultural, economic, political, and technological developments in Indonesia, which is undergoing reform. Through the establishment of the new Criminal Code, the government seeks to present a criminal law system that is more humane, fair, and reflects the nation's identity. This reform is also a form of legal decolonization and national independence in building a national legal system with Indonesian personality. This study aims to analyze the urgency of revising the Criminal Code in the context of national law reform and assess its implications for the criminal law system in Indonesia. Using a normative juridical approach, this study emphasizes that the revision of the Criminal Code is not just a textual change, but a substantial transformation towards a criminal law that is in accordance with the values of social justice and universal humanity.