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Journal : Acta Law Journal

Analisis Yuridis Atas Kasus-Kasus Perbuatan Melawan Hukum Bidan Di Masyarakat T. Keizerina Devi Azwar; Chastry Meher; Marice Simarmata; Hilbertus Sumplisius M. Wau
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.10267

Abstract

This study aims to find out and analyze the responsibility of a midwife for unlawful acts that occur and are carried out in the midst of society. The profession of a midwife must provide health services including maternal health, child health, women's reproductive health and family planning based on responsible, accountable and competent services. However, in practice there are always individuals who commit violations and negligence that are against the law in society. The issues raised from this study are how to regulate unlawful acts by midwives and the extent of midwives' responsibility for PMH carried out in the community. The research method used is normative juridical research which is descriptive analytical using literature and case techniques supported by secondary data. Data analysis was carried out using qualitative research methods. The results of this study indicate that the regulation of unlawful acts by midwives can be found in Articles 1365, 1366, 1367 of the Civil Code, up to Article 58 of Law Number 36 of 2009 concerning Health. The midwife's responsibility for unlawful acts committed in the midst of the community is given as long as it is proven to have committed a violation and caused the patient to suffer losses due to negligence from the medical action given by the midwife, so that the midwife will be fully responsible such as imposing administrative sanctions starting from written warning sanctions to revoking the license to practice . Furthermore, the imposition of civil sanctions, namely giving compensation to patients, to imposing criminal sanctions due to negligence which resulted in the patient being seriously injured causing death. This study concludes that the imposition of sanctions and reprimands on midwives is given on the basis of the magnitude of the errors and omissions they have made so that the consequences will be midwifery administrative responsibility, civil liability based on unlawful acts, and criminal liability if proven to have committed gross negligence which resulted in the patient being seriously injured up to death. From this study it can be seen that a midwife must and should prioritize a midwife's professional attitude such as the public's expectations of a midwife's profile, for this reason the community expects and wants a midwife to continue to prioritize a friendly, skilled and responsive attitude in their field according to their expertise and competence.
Kedudukan Produk Pinjaman Online Pada Perbankan Nurhilmiyah, Nurhilmiyah; Purba, Hasim; Sitompul, Zulkarnain; Azwar, T. Keizerina Devi
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.16429

Abstract

Online lending products have become an integral part of the modern banking industry, fundamentally changing the financial services landscape. They provide greater accessibility for consumers, allowing them to apply for loans without having to visit a physical bank. The place of online loan products in banking also raises various questions and debates. From the perspective of supporting financial inclusion, online lending products expand the reach of financial services, benefiting individuals or small businesses that find it difficult to qualify for traditional loans. The existence of online loan services in the non-bank financial industry in recent years is the answer to the lack of access to funding to small communities. The purpose of this research is to find out how the position of online loan products in banking and also to find out about the position of online loan services in the Non-Bank Financial Industry and targeting the un-banked people segment which is often associated with people who do not have sufficient open access to the banking service system. This research uses the literature research method. In this article, the researcher has concluded that the position of online loan products in banking is in accordance with the function of banks, namely collecting funds from the public in the form of deposits and channeling them to the public in the form of credit and/or other forms. This includes offering online loan products in the context of its role as a digital bank. However, it cannot be equated with online lending or fintech peer-to-peer lending.