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Rejection of Funeral for Covid-19 Patients: Indonesian Legal Perspective Wiryani, Fifik; Sugiharto, Setyo; Nasser, M; Najih, Mokhammad
Jurnal Jurisprudence Vol 10, No 2 (2020): Vol. 10, No. 2, Desember 2020
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v10i2.13336

Purpose of the study:This study aims to solve the problemÂ of citizens who refuse funerals/bodies of Covid-19 patients.MethodologyÂ The method used in this study is a normative juridical method using statutory, conceptual and case approaches.ResultsÂ This study found that it is necessary to socialize, educate and communicate to the citizens that the Covid-19 bodies have gone through stages in accordance with medical protocol and WHO in the treatment/repatriation of bodies so that there should be no need for excessive fear while if residents refuse funerals Covid-19 patients' bodies there are sanctions including moral sanctions, fines and criminal confinement.Applications of this studyThis research can be used by academics and practitioners in health law, so that they can create an instrument to socialize the acceptance of Covid-19's bodies in the community.Novelty/ Originality of this studyÂ The bodies of Covid-19 patients have been carried out the repatriation (management) of the bodies in accordance with the standards of who's health protocol (World Health Organization), namely the bodies wrapped in three layers of shrouds and linen and two layers of body bags. then the body in Tayyamum using dust, the body and then placed into the coffin that was placed typical and has been sprayed disinfectant liquid, then the coffin closed tightly using silicone glue and then given nails on each side of the coffin.

Indonesian Penal Policy: Toward Indonesian Criminal Law Reform Based on Pancasila Najih, Mokhammad
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i02.27510

Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values â€‹â€‹and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are among others, principles based on the source of religious values (Godhead / Divine God), the value of humanity (humanism), the value of unity and peace, the value of democracy and the value of social justice. Therefore, Indonesian criminal law must have values that are based on Pancasila, both in the form of legal norms (addresaat norm), on the types of acts that are regulated (straafbar), in the form of punishment or sanctions (straafmaat), as well as regulatory aspects and implementation of law enforcement law (formal law).

Disclosure of Medical Secrets in Handling Corona Virus Disease (COVID)-19 Cases Fifik Wiryani; Yusufa Ibn Sina Setiawan; M. Nasser; Mokhammad Najih
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.v15i3.15754

Background: Novel Coronavirus or better known as Corona Virus Disease (COVID) 19 is a disease that first appeared in China in early December 2019. The disease quickly spread throughout China to Europe, the United States, Southeast Asia and Africa. Covid-19 is spread through droplets (particles) that come out through the human mouth when talking to others. This virus can infect everyone if the person is in contact with a covid-19 positive sufferer. So much for the ability of this virus to infect and spread is proven by the record that so far there are still many people infected with Covid-19 with increasing numbers.Method: This research method is a juridical-normative legal analysis. Legal research is based on the legal concept used.Results: The key to limiting the Covid-19 virus is that after knowing that something has been confirmed positive, tracing is immediately done to anyone who comes into contact with the patient. After all tracing is found, then a new examination is carried out whether they are also infected or not. Conclusion: There are several laws and regulations governing the opening of Patient Medical Rahasi, namely Law No. 36 of 2009 on Health and Regulation of the Minister of Health No. 269 of 2008 on Medical Records, which explicitly explains that related to the Covid-19 Pandemic is allowed to be opened Medical Secrets of patients concerning the interests and safety of thepublic.

MEDIASI DALAM PENYELESAIAN SENGKETA MEDIK DOKTER DENGAN PASIEN (ANALISIS PUTUSAN PN NO. 38/PDT.G/2016/PN.BNA DAN PUTUSAN MAHKAH AGUNG NO. 1550 K/PDT/2016) Nurul Ummah; Fifik Wiryani; Mokhammad Najih
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v27i2.10158

Mediation is a form of negotiation in an effort to resolve disputes both from parties who feel aggrieved by the related parties. Mediation is also able to produce a peace agreement from both parties so that it can provide benefits for both. Dispute resolution efforts can use several means of mediation, including through litigation and non-litigation, both of which have their own advantages and disadvantages. In the case in Banda Aceh, the legal route was prioritized compared to mediation because of the patient's dissatisfaction, as well as the case of cassation decisions that did not receive the compensation offered by the defendant so that the court route was taken. The mediation used did not have a positive impact on both parties so that the mediation was considered a failure. Mediating is expected to provide good and fair benefits to all disputing parties so as to produce a sense of satisfaction and justice without any shortcomings of both. This mediation is also regulated in 1999 Law number 30 concerning arbitrage and options for resolving disputes that are outside the court and according to the 2008 regulation number 1 regarding mediation in court which was later refined back to the Supreme Court regulation of the Republic of Indonesia No.1 of 2016. This research is a descriptive type of juridical normative research, with an approach to the law and secondary data obtained from various types of literature studies and document studies, then the data is analyzed qualitatively. With the result that the hope that the legislation has been perfected is that the dispute resolution process outside the court can be more optimal, and also that the community feels much better benefits and benefits from the existence of mediation.

Transgender viewed from the perspective of positive law, health, and cultures in Indonesia Fifik Wiryani; Nurul Ummah; Mokhammad Najih; Muhammad Nasser; Nur Rohim Yunus
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16916

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.

JURIDICAL ANALYSIS ON CONSUMER PROTECTION IN SAFE AND HALAL FOOD DISTRIBUTION Fifik Wiryani; Mokhammad Najih; Abdul Haris
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1586

As a Muslim majority country, it goes without saying that Indonesia protects the rights of Muslim consumers on risk free and halal food distribution. This doctrinal juridical approach aims to analyze the regulation of the safe and halal food consumers’ rights and their application to judicial decisions. The regulation of halal food distribution has provided a legal protection for the food consumers. The weakness of the regulation lies on the general criminal sanction without any specific minimum provision. A review of the court's verdict shows that the application of criminal sanction of the safe and halal food consumers’ rights violations is still inconsistent. This is an implication of the general criminal sanction which gives free space to law enforcement to apply minimum penalty. This condition causes potentially violated regulation by food business actors. Keywords: consumer protection, food distribution, judge's decision.

TRANSPARENCY INFORMED CONSENT RELATED TO PATIENT DISHONESTY AMID COVID-19 PANDEMIC IN INDONESIA: IN LAW PERSPECTIVE Tiwuk Herawati; Fifik Wiryani; M. Nasser; Mokhammad Najih
Diponegoro Law Review Vol 6, No 2 (2021): Diponegoro Law Review October 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

To break the chain of transmission of covid-19 outbreak, the public is expected to be honest in explaining chronological physical contact when treating to health facilities, especially if the patient experiences symptoms of covid-19. Honesty of patients indicated by COVID-19 is very important so that the chain of transmission of covid-19 does not expand and facilitate health workers in data collection. Denial, lies, even like the refusal of covid-19 corpses if it continues to be left, does not mean the countermeasures of covid-19 are increasingly stretched. This article tries to review the transparency of informed consent in relation to patient dishonesty, where transparent communication is expected by the patient to be honest and not to cover the perceived symptoms or various things related to covid-19. This research is normative juridical research. In normative legal research, library material is the basic data that in research science is classified as secondary data.

Rejection of Funeral for Covid-19 Patients: Indonesian Legal Perspective Fifik Wiryani; Setyo Sugiharto; M Nasser; Mokhammad Najih
Jurnal Jurisprudence Vol 10, No 2 (2020): Vol. 10, No. 2, Desember 2020
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v10i2.13336

Purpose of the study:This study aims to solve the problem of citizens who refuse funerals/bodies of Covid-19 patients.Methodology The method used in this study is a normative juridical method using statutory, conceptual and case approaches.Results This study found that it is necessary to socialize, educate and communicate to the citizens that the Covid-19 bodies have gone through stages in accordance with medical protocol and WHO in the treatment/repatriation of bodies so that there should be no need for excessive fear while if residents refuse funerals Covid-19 patients' bodies there are sanctions including moral sanctions, fines and criminal confinement.Applications of this studyThis research can be used by academics and practitioners in health law, so that they can create an instrument to socialize the acceptance of Covid-19's bodies in the community.Novelty/ Originality of this study The bodies of Covid-19 patients have been carried out the repatriation (management) of the bodies in accordance with the standards of who's health protocol (World Health Organization), namely the bodies wrapped in three layers of shrouds and linen and two layers of body bags. then the body in Tayyamum using dust, the body and then placed into the coffin that was placed typical and has been sprayed disinfectant liquid, then the coffin closed tightly using silicone glue and then given nails on each side of the coffin.

The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Fifik Wiryani; Mokhammad Najih
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1073.pp175-191

This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Procurement for Development for the Public Interest to improve the welfare of landowners after the release of land rights. The focus of the study is on the arrangement of indemnity from the aspects: assessors, indemnity assessment, and deliberation on the determination of indemnity. The research approach uses normative juridical, with secondary data sourced from primary legal materials and secondary legal materials from March to July 2020. The data was analysed using content analysis combined with prescriptive analysis. As a result, this research proposes the arrangement of compensation in the Law on Land Procurement for the Development of the Public Interest. These arrangements are included the material determination of assessors, the value of compensation, deliberationof the determination of compensation, and the custody of compensation (consignment) in the Law on Land Procurement which is inconsistent with the principles and principles of land procurement that should be as the basis and guidelines for the formulation of norms.

Pembaruan Hukum Penentuan Faktor Penyesuaian Sewa Barang Milik Daerah oleh Pemerintah Daerah Muhajir Muhajir; Mokhammad Najih
Media Iuris Vol. 5 No. 1 (2022): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v5i1.30707

AbstractThis study wants to see how the legal problems in determining the factors that adjust the BMD rental and legal politics of norms in the future. This research uses normative legal research. The results of the study show that there is a legal discovery at the level of Permendagri 19/2016. As an implementing regulation for BMD and becoming an NSPK by the local government, Permendagri 19/2016 still does not have a rigid norm regulating the rent-adjusting factor. Legal reforms need to be carried out, among others, by: 1. to provide legal certainty for the separation between the BMD and BMN regimes firmly; 2. strengthening the role of the central government as a supervisor for local governments; 3. Local governments are free to seek legitimate financial opinions through (PAD). The advice given to the Ministry of Home Affairs is to revise Permendagri 19/2016 by incorporating the norms for rent-adjusting factors by adopting the norms contained in the Regulation of the Minister of Finance Number 115/PMK.06/2020 concerning Utilization of State Property.Keywords: Legal update; Regional Property Rental; Local government.AbstrakPenelitian ini ingin meilihat bagaimana permasalahan hukum dalam penetapan faktor penyesuai sewa BMD oleh pemerintah daerah dan politik hukum pembaharuan norma di masa mendatang. Pengkajian hal mengenai hal tersebut tergolong baru, karena belum pernah ada penelitian sebelumnya yang mengkaji pengaturan sewa BMD khususnya dalam Permendagri 19/2016. Penelitian ini menggunakan penelitian hukum normatif. Hasil penelitian menunjukakan bahwa terjadi kekosongan hukum dalam level Permendagri 19/2016. Sebagai peraturan pelaksana BMD dan menjadi NSPK oleh pemerintah daerah, Permendagri 19/2016 masih belum memiliki norma yang rigid mengatur tentang faktor penyesuai sewa. Permendagri 19/2016 tidak sampai mengatur tentang peruntukan hingga penghitungan terhadap jenis-jenis kegiatan usaha yang memanfaatkan BMD. Pembaruan hukum perlu dilakukan antara lain dengan adalah: 1. memberikan kepastian hukum pemisahan antara rezim BMD dan BMN secara tegas; 2. memperkuat peran pemerintah pusat sebagai pembina pemerintah daerah; 3. Pemerintah daerah bebas untuk mencari pendapat keuangan yang sah melalui (PAD). Saran diberikan kepada Kementrian Dalam Negeri untuk melakukan revisi terhadap Permendagri 19/2016 dengan memasukkan norma faktor penyesuai sewa dengan mengadopsi norma yang ada dalam Peraturan Menteri Keuangan Nomor 115/PMK.06/2020 Tentang Pemanfaatan Barang Milik Negara.Kata Kunci: Pembaruan Hukum; Sewa Barang Milik Daerah; Pemerintah Daerah.

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