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Journal : Perspektif Hukum

Eksekutabilitas Penetapan Penundaan Pelaksanaan Keputusan Tata Usaha Negara Asmuni
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.46

Abstract

The research discusses the issues that emerge from executing the postponement stipulation of the administrative decision implementation and the concept of regulating the execution of postponement stipulation of the administrative decision implementation that can protect the interests of litigants. The research constitutes a normatively legal research. The used approach is the conceptual and statute approaches. The result of the research shows that postponing the administrative decision implementation makes applicable power of the sued administrative decision suspended temporarily; postponing the administrative decision implementation makes legal circumstances back to the first position, prior to the administrative decision disputed; and postponing the administrative decision implementation restricts to apply the principle of the legal presumption. Due to the influence of the postponement stipulation of the administrative decision implementation, it is necessary to put philosophically and theoretically and juridically legal reasons on the judge decision. The public interest reason is not required, because the administrative decision on the public interest has not become the State Administrative Court authority since the first time. The legal instruments used to postpone the execution of the administrative decision is an interlocutory decision not stipulation.
Analisis Yuridis Pelayanan Radiologi Klinik terhadap Dokter Gigi dan Pasien Rio Faisal Ariady; Asmuni Asmuni
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.166

Abstract

Juridically analyze the regulations governing the services of Clinical Radiology for Dentists and Patients. The purpose of this research is to look at the aspects of Norms Conflict, Legal Responsibilities, and also legal protection for related legal subjects. The research method used is normative law, namely document studies with a statutory approach and a conceptual approach. This research aims to determine the norms in the Regulation of the Minister of Health which regulates related to Radiology Services are contrary to the norms in the laws and regulations that regulate the competence of a dentist as well as those that regulate the rights of patients. The use of principle of legal conflict lex superior derogate legi Inferiore is used because the regulation of the authority of dentists has been explicitly regulated in the Act where the hierarchy in the legislation has a higher position than the Regulation of the Minister of Health. So that the dentist in terms of responsibility for clinical radiology services still adheres to the law that regulates the competence of dentists. In terms of protecting dentists or patients, it can be taken through preventive and repressive legal protection.