Nyoman Serikat Putra Jaya
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Legal Protection of Nurses in Medical Action on the Basis of Delegation of Doctors Reny Suryanti; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15913

Abstract

This study aims to determine the legal protection of nurses in performing medical actions on the basis ofan abundance of doctors. This study uses a sociological juridical approach by examining what is behindthe appearance of the application of laws and regulations. The type of data used is primary data, namelyresearch conducted directly in the community in the Bengkulu City General Hospital and secondary datais data obtained from a review of the literature, and analyzed by qualitative methods. The results showedthat nurses in Bengkulu City Hospital received protection from the hospital as long as the nurse carried outtheir duties in accordance with service standards, professional standards and standard operating procedures.The Indonesian National Nurses Association (PPNI) in Bengkulu City also provides legal protection in theform of defense and assistance as long as the nurse is registered as a member of the PPNI. Meanwhile, thecriminal responsibility of nurses in carrying out medical actions on the basis of the abundance of doctors inthe Bengkulu City Hospital has not been clearly regulated, because there has not been a written delegationof authority from doctors to nurses in carrying out medical actions. Pursuant to Article 55 and Article 56 ofthe Criminal Code, if it is proven that what a nurse has done on an abundance of doctors is a criminal act(offense), the nurse can be punished as the perpetrator (pleger), and the doctor as the one who ordered it.
Implementation of the Criminal Justice System for Persons with Disabilities Taufik Hidayat; Mahrus Ali; Arief Hidayatullah Khamainy; Nyoman Serikat Putra Jaya; Pujiyono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15997

Abstract

The criminal justice system is built on the ideology of normality, a perspective that all people are physically and intellectually normal. Consequently, the process of investigation, prosecution and examination in court proceedings is only aimed at and designed for those who are normal. The existence of persons with disabilities has become marginalized and even forgotten. The rights of persons with disabilities are often violated both when they are perpetrators and witnesses/victims of criminal acts. In order for the criminal justice system to be pro for them, the medical approach should be abandoned and replaced with a social approach. Here what is needed is what the law enforcers need to fulfill at each stage of the criminal justice so that persons with disabilities have the right to a fair criminal trial. A profile assessment is necessary to determine the character, barriers and needs of persons with disabilities in the early stages of the criminal justice process.
INDEPENDENSI KOMISI PEMBERANTASAN KORUPSI: BENARKAH ADA? Kartika Sasi Wahyuningrum; Hari Sutra Disemadi; Nyoman Serikat Putra Jaya
Refleksi Hukum: Jurnal Ilmu Hukum Vol 4 No 2 (2020): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.712 KB) | DOI: 10.24246/jrh.2020.v4.i2.p239-258

Abstract

The importance of the independence of the Corruption Eradication Commission (KPK) is to accelerate the performance of the KPK itself. However, the enactment of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission (a revision of KPK Law) has concretely resulted in a weakening of the KPK institution. This doctrinal research uses a normative legal research method that is based on the statutory approach and conceptual approach in analytical descriptive analysis. The result of this study shows that the KPK has lost its independence by amending the Article 3 of the KPK Law. The weakening of the KPK can be seen through the formation of a supervisory body, and also the regulation of the State Civil Apparatus as the compulsory background of KPK staff resulting the KPK has limited space to perform as it is bound by the central command.
Pertanggungjawaban Korporasi Terhadap Kandungan Non-Halal Pada Produk Makanan Sebagai Upaya Perlindungan Konsumen Asiyah Jamilah; Hari Sutra Disemadi; Nyoman Serikat Putra Jaya
Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.867 KB) | DOI: 10.25077/nalrev.v.3.i.2.p.14-31.2020

Abstract

The development of the corporate function as a means of organizing socially oriented societies towards profit-seeking activities not least triggers negative impacts. One of the negative impacts is the emergence of criminal acts committed by corporations. In order to get as much profit as possible, corporations take actions that can cause losses to consumers, one of which is by mixing non-halal content into products labeled as halal. The purpose of this article are, First, to provide an overview of corporate legal policy as a criminal law subject and Second, to be able to know the corporate responsibility for non-halal content in halal-certified food products as an effort to protect consumers. The results of this study are policies regarding corporations as subjects of criminal law in which their actions can be prosecuted and held criminal liability are contained in special legislation outside the criminal code. Corporate liability regarding non-halal content in halal-certified food products follows a direct accountability system. This means that criminal liability for violations of the halal label can be addressed either to individuals or corporations where corporate responsibility is imposed on its management as stipulated in Article 61 of The Consumer Protection Laws