Arman Anwar
Fakultas Hukum Universitas Pattimura Ambon

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THE PRINCIPLES OF LIABILITY ON TELEMEDICINE PRACTICES Anwar, Arman
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3) BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP) or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability), feasibility and appropriateness (fair and reasionableness). Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good).
DINAMIKA NEGOSIASI DAN MEMBANGUN KEPERCAYAAN PASCA PENUTUPAN TAMBANG EMAS GUNUNG BOTAK DI KABUPATEN BURU Anwar, Arman
Bina Hukum Lingkungan Vol 1, No 1 (2016): Bina Hukum Lingkungan
Publisher : Pembina Hukum Lingkungan Indonesia (PHLI)

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AbstrakPotensi kandungan emas yang sangat besar di Gunung Botak Kabupaten Buru Provinsi Maluku mestinya menjadi anugerah yang disyukuri bukan justru sebaliknya menjadi bencana atau kutukan. Betapa tidak, sejak ditemukan pada Oktober 2011 lalu telah terjadi kerusakan lingkungan yang parah akibat pencemaran zat kimia merkuri dan sianida, rusaknya vegetasi dan ekosistem di wilayah areal penambangan akibat penebangan pohon dan timbunan material limbah, serta jatuhnya korban jiwa baik karena kecelakaan kerja maupun konflik antar pendatang dan penduduk lokal, belum lagi dampak ikutan berupa terjadinya inflasi akibat naiknya harga barang-barang kebutuhan pokok di masyarakat. Kondisi realitas tersebut telah mengancam kelangsungan program pemerintah yang telah menjadikan Kabupaten Buru sebagai lumbung pangan dan perairannya menjadi lumbung ikan nasional. Berbagai upaya telah dilakukan mulai dari preventif hingga tindakan represif berupa pengusiran dan pengosongan paksa namun tetap saja tidak berhasil. Dinamika yang terjadi menjadi fenomena yang menarik untuk dikaji, Penelitian ini menggunakan Metode “Social Legal Research”, yaitu penelitian hukum yang menempatkan hukum sebagai gejala sosial. Dengan pendekatan perundang-undangan (statute approach) dan pendekatan kasus (case approach) Ditemukan bahwa secara empiris, negosiasi yang dilakukan belum sesuai dengan harapan dan penegakan hukum tidak dilaksanakan secara konsisten. Oleh karena itu, hukum tidak bekerja/berjalan di dalam masyarakat. Untuk itu perlu dilakukan penguatan kapasitas negosiator dan penyadaran hukum masyarakat serta dalam penegakan hukumnya tidak dipengaruhi oleh faktor-faktor lain diluar kepentingan hukum.Kata kunci: lingkungan hidup; penambangan emas; penegakan hukum. AbstractThe huge gold potential in unung Botak of Buru Regency in the province of Maluku should have been a blessing instead of a disaster. Since it was found in October 2011, there has been a great environmental damage because of mercuric and cyanide use, vegetation and ecosystem breakdown because of logging, waste pile also death because of working accident or native and foreigner conflict. Furthermore it has triggered inflation. his reality threatened government program that promotes Buru Regency as national food shelter and its water as fishery pond. here has been many steps taken range from preventive to repressive method such as expelling and forced moving, which are unsuccessful. This phenomenon is becoming an interesting dynamic to be observed.. his research apply “Social Legal Research” method which is a legal research which put forward legal as social symptom. hrough statute approach and case approach, it was found that empirically, negotiation is far from expected and law enforcement was inconsistent. herefore the law was implemented within society. Furthermore, negotiator capacity and legal awareness need to strengthen so that law enforcement will not be under pressure of external legal condition.Keywords: environment; goldmine; law enforcement.
Tanggungjawab Negara Bendera Kapal Terhadap Perbudakan ABK Indonesia Ahriani, Ahriani; Wattimena, Josina Augustina Yvonne; Anwar, Arman
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Until now, there are still many cases of crew members who receive inhuman treatment and even include slavery, apart from receiving inhuman treatment, the crew members also do not get a salary in accordance with the work agreement. Slavery is a gross human rights violation because it undermines human dignity. Based on the facts of migrant workers, especially Indonesian crew members, it shows that the treatment received by Indonesian crew members is not in accordance with the provisions of international conventions and Indonesian national regulations.Purposes of the Research: This paper aims to find out how international law regulates the prohibition of slavery on ships and the responsibility of the flag state of ships in cases of Indonesian crew slavery.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results obtained are that basically international law has regulated and provided legal protection for ABK. International legal arrangements regarding the prohibition of slavery on board are contained in the international legal instruments CAT (Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment), CERD (International Convention on the Elimination of All Forms of Racial Discrimination), UDHR (Universal Declaration of Human Rights), and ILO (International Labor Organization). The responsibility of the flag state of the ship in the case of Indonesian crew slavery. that any problem arising from a ship with the flag of its State, the country concerned is obliged to effectively exercise its jurisdiction and control, investigate and carry out inspection of the vessel concerned In the case of slavery for Indonesian crew members, which involves the State of Indonesia and China, the two countries must cooperate in examining the case, in this case the slavery case that occurred against Indonesian crew members.
Pengaturan Hukum Internasional Untuk Tenaga Kerja Anak Ilegal Latukaisupy, Norma Rizqitha; Anwar, Arman; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: The purpose of this study is to explain the problem of child labor in general that requires deeper attention, with the consideration that employing a child who is still below the minimum human limit for work can be interpreted as a form of human rights violation.Purposes of the Research: Know and analyze the regulations regarding international law for illegal child labor.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results showed that child labor was found in exploited conditions, worked more than the time stated in the regulations and received wages far below the UMK. Child laborers also have not received protection in terms of legal aspects that has been ratificated by the national law. The existing legal protection system for child labor has not been implemented in real terms and the Convention on the Rights of the Child and the ILO Conventions as some of the protection systems for child labor cannot be fully implemented because there are still violations of the right for children.
The Principles Of Liability On Telemedicine Practices Anwar, Arman
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v1i1.6

Abstract

This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3) BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP) or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability), feasibility and appropriateness (fair and reasionableness). Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good).
Hak Atas Informasi, Edukasi Dan Pelayanan Kesehatan Terhadap Masyarakat Adat Di Maluku Selama Pandemi Covid-19 Anwar, Arman; Waas, Richard Marsilio
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.454

Abstract

The main objective of this research is to determine the fulfillment of the right to information, education and health services to indigenous peoples carried out by the Maluku Provincial Government and the relationship patterns that need to be built through the Maluku Provincial Government's public policies towards indigenous peoples so that dynamic interactions can be established in an effort to accelerate the spread of the virus. Covid 19 at the local level. The research was conducted using the Social Legal Research method. Approach the problem using a statutory approach, and concepts. The results of this study found that the Maluku Provincial Government has carried out its responsibilities in fulfilling the right to information, education and health services to indigenous peoples, but it is still not optimal. Likewise, a public policy framework that favors the interests of indigenous peoples as a form of protection for the vulnerability of indigenous peoples from the dangers of the spread of the Covid-19 virus is also not optimal. The Maluku Provincial Government needs to formulate a formulation of a public policy framework that is oriented towards the goal of fulfilling the basic rights of indigenous peoples during the Covid-19 pandemic. The vulnerability of indigenous peoples needs to be protected with the political will of the Maluku Provincial government through budget politics, preparation of human and material resources and infrastructure that supports performance achievement in fulfilling the right to information, education and health services to indigenous peoples at the local level.
The Cooperation Pattern between the Maluku Provincial Government and the Private Sector in the Arrangement and Normalization of Ex-Illegal Gold Mining Allegedly Prone to Corruption Anwar, Arman; Halima Hanafi, Irma; Irham, Muhammad
Integritas : Jurnal Antikorupsi Vol. 7 No. 1 (2021): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v7i1.721

Abstract

Buru District has been developed since 1970 as a transmigration area. The nuance of agriculture is characteristic of Buru Regency so that it is designated as a national rice granary area. However, since gold was discovered in Mount Botak and Gogrea in 2011, Buru Regency has turned into an illegal gold mining area. As a result, there is massive environmental damage and pollution caused by the use of cyanide and mercury by illegal miners. To overcome this problem, the Maluku Provincial Government is working with a third party (private) to normalize and restore the environment in ex-illegal mining, but the cooperation is prone to corruption. The purpose of this research is to prevent corruption in this sector. The research method uses Social Network Analysis, the data is qualitative. The research findings show that cooperation between the Maluku Provincial government and third parties (private) who are prone to corruption can be prevented by mapping the vulnerability of corruption to determine the pattern of relations between cooperative actors who tend to be easily bribed so that a cooperation model that does not have corruption implications can be obtained. Key words: Corruption; Mining; Cooperation; Local government; Private;
Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan Abnin, Khafifa Kara; Anwar, Arman; Rehatta, Veriana Josepha
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries.Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques.Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum Andrizal, Andrizal; Pasalbessy, John Dirk; Anwar, Arman
PAMALI: Pattimura Magister Law Review Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.621

Abstract

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research:  This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.
Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional Damura, Fahira Ode; Anwar, Arman; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea.Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law.Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research.Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.