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All Journal Integritas: Jurnal Antikorupsi Pattimura Law Journal Indonesian Journal of International Law
Arman Anwar
Fakultas Hukum Universitas Pattimura Ambon
Law, Crime, Criminology & Criminal Justice Social Sciences

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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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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).
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;
DIMENSIONS OF ASEAN COOPERATION IN HEALTH DEVELOPMENT OF SOUTHEAST ASIA Anwar, Arman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

With respect to the conditions of the health sector of Southeast Asian countries, according to the WHO, Southeast Asia was a region accounting for nearly a third of maternal and child mortality globally. This region was also an epidemic area of the HIV/AIDS. Dengue Fever (DF) was also of concern to ASEAN health officials because the number of cases remained high. Through the Yogyakarta Declaration, signed on April 2002, Health Ministers of ASEAN countries declared HEALTHY ASEAN 2020. With this vision, ASEAN was about to make the Southeast Asian region as a center for health development in 2020 and to entirely ensure the creation of a physically and mentally healthy ASEAN community, living in harmony in an environment of safe Southeast Asia region.Today, 9 years after declared, an even distribution of health development in ASEAN region showed limited progress; instead, disparity was created. On the one hand, there were countries with highly dynamic level of health development; but, on the other hand, there were countries that were sluggish. On scrutiny, the problems were not overly different, the patterns of disease were also almost the same; but, why one country could be better in the handling compared to other Southeast Asian countries. In an effort to cultural binding and with respect to the economic growth gap among ASEAN member countries, the ASEAN Charter could be maximized as a bridge and inspiration to improve solidity and commitment to assist one another and to work together, not to be individualistic, but to be more open and mutually respectful and feel as part of the real ASEAN community (awareness on ASEAN).
PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE RESOURCES IN AREA CHARACTERIZED BY ISLANDS Anwar, Arman; Irham, Muhammad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded to amend the legislation on local government in accommodating the interests of the islands. The setting of the DAU and DAK, also provide more financial portion to the islands. It is expected to bring changes to the community. Implementation of regionally based local autonomy, excellence spatial and local potential is a determinant factor the success of regional development framework. Development process should be done based on diversity of various aspects that also needed a different treatment in each province. Thus, the question is whether the political law of the islands is done through changes and harmonization of the local governments law to provide a guarantee of justice so the demands for legislation that specifically regulates an island province is not matter any more. This study expected to find the values of justice and the foundation to be harmonized, so there exist principle of fairness in the management of marine resources in the waters of the area characterized by islands
Co-Authors Halima Hanafi, Irma Muhammad Irham