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The Legal Power of Informed Consent as A Valid Evidence in Cases of Alleged Malpractice in Terms of Civil Law Siti Sundari; Saritua Silitonga; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Patients have rights that must be fulfilled when informed consent. Patient information rights are often ignored. There are at least two kinds of information, namely: first, the risks and complications that may occur, and the prognosis for the actions taken. Providing clear information at the time of informed consent will provide a sense of security and for the patient will understand the actions during the rehabilitation period. A medical action is an action that is full of risks. In legal norms any medical action that results in harm to a patient can be called medical malpractice if it fulfills certain elements in both civil and criminal law. Based on the above background, the problem is how the function of informed consent in evidence in court is related to efforts to find the truth and how is the strength of proving informed consent for judges against alleged malpractice in terms of civil law. For this purpose, research was carried out using a normative juridical approach, the research specifications used were descriptive analytical, the data used in this study were secondary data, namely data obtained through library research. The data technique used is literature. The analysis used is normative qualitative. Based on the results of the analysis of the patient's rights as Article 45 paragraph 1 of Law Number 29 of 2004 concerning Medical Practice says that the operation must obtain the patient's consent, If the patient's condition is an emergency, then the approval of the family. If it is not possible, the operation can be carried out by the hospital authority, Article 56 paragraph (1) of Law Number 36 of 2009 concerning Health states that everyone has the right to accept or reject part or all of the relief measures that will be given to him after receiving and understanding information regarding the action is complete. And based on Article 45 paragraph (3) of Law no. 29 of 2004 concerning Medical Practice explains that risks, complications and prognosis must only be given before surgery. So that normatively informed consent has a legal position as evidence of letters and instructions in cases of malpractice. However, this evidence must be supported by other evidence, such as expert testimony, but if it is related to the teaching of the law, the evidence must still be adjusted to the requirements of the evidence, namely: 1) Allowed by law, 2) Reability, 3) Necessity, and 4) Relevance. Thus, the value of the power of proving informed consent is not fully binding on the judge but depends on the conviction and accuracy of the judge.
Implementation of the Independent Law of Independent Campus Learning According to the Regulation of the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards Saritua Silitonga; Siti Sundari; Annisa Danti Avrilia Ningrum
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Independent Learning The independent campus is a policy of the Minister of Education and Culture which aims to encourage students to master various sciences to enter the world of work. The Independent Learning Campus Policy implemented by the Minister of Education and Culture of the Republic of Indonesia is an innovative step that should be appreciated in an effort to improve quality human resources.The Minister of Education and Culture issued a policy for public and private universities to run the Independent Learning Campus by granting the right to study for 3 semesters outside the study program. This research will raise the problem, namely: how to apply the law of Merdeka Learning Merdeka Campus according to the Minister of Education and Culture No. 3 of 2020 concerning National Higher Education Standards. The research method used in this research is the normative legal method, which is a legal research obtained from a literature study by analyzing a legal regulation that is applied by an institution. The results of this study are: the Independent Learning Policy of the Independent Campus, providing opportunities for students to broaden their knowledge horizons,
LEGAL OBLIGATION OF OUTSOURCING BUSINESS ACTIVITIES BASED ON CREATION OF EMPLOYMENT LAW Saritua Silitonga; Muhammad Hasbi; Muhammad Dhobit Azhary Lubis; Avib Setian
INFOKUM Vol. 10 No. 5 (2022): December, Computer and Communication
Publisher : Sean Institute

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Abstract

In essence, every person or human (zoon politicon) always tries as much as possible to establish cooperative relationships in the field of law with other people. Before outsourcing was legalized in Indonesia,employment relationship problems are established based on the legal norms contained in the Civil Code or the Civil Code (Burgerlijk Wetboek) abbreviated as BW.The legal norms referred to are adapted to the noble values ​​contained in the five precepts of the Pancasila, and constitutionally they should not conflict with the 1945 Constitution. The problem raised in this thesis is the legal obligation of outsourcing business actors based on the omnibus law and what are the obstacles in its implementation. the role of outsourcing business actors, especially PT. Global Permai Eternal. legal protection from employment agencies in the city of Medan. The law that regulates the employment agreement for a certain time, which basically still has shortcomings, so it is often said to be inconsistent, because the law that is applied is too broad and not specific.
ENHANCEMENT OF ADDITIONAL CRIMINAL EFFECTIVENESS REVIEWS IN CORRUPTION CASES Saritua Silitonga; Sarah Furqoni; Muhammad Dhobit Azhary Lubis; Surya Hamdani
Jurnal Scientia Vol. 12 No. 03 (2023): Education, Sosial science and Planning technique, 2023 (June-August)
Publisher : Sean Institute

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Abstract

It seems like you've provided a description of a specific corruption case and the challenges associated with prosecuting and recovering state losses in such cases. This paper discussed difficulties law enforcement faces when dealing with corruption cases and executing judgments related to the return of embezzled state funds. The case of I Putu Sudiartana, who was found guilty of corruption by a District Court Judge, exemplifies these challenges. The research methodology used in the case appears to be normative jurisdiction, which involves analyzing legal principles and regulations. The study draws on both primary data sources, obtained from informants and parties related to the issue, and secondary data sources, such as relevant documents and literature. The primary challenge highlighted is the difficulty in recovering state funds from corrupt individuals. Perpetrators of corruption often hide their ill-gotten gains in financial systems and legitimate business activities, making it challenging for law enforcement, including the Attorney General's office, to trace and seize these assets. The phrase "payment of replacement money" likely refers to the process of recovering the embezzled funds by requiring the convicted individual to pay back the equivalent amount of money they obtained through corruption. This process encounters obstacles due to the complex financial maneuvers used by corrupt individuals to hide their assets. Overall, the passage discusses the complexities and challenges faced by law enforcement and prosecutors in handling corruption cases, particularly when it comes to recovering state losses and executing judgments for the return of embezzled funds. It highlights the need for more effective strategies and measures to tackle corruption and enhance asset recovery efforts.