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LEGAL ASPECTS OF HEALING THERAPY PROGRAM METHADON (PTRM) TO HEALTH PERSONNEL AND PATIENTS AT THE REGIONAL HOSPITAL DR. DJASAMEN SARAGIH PEMATANG SIANTAR CITY Mulyadi Mulyadi; Elvira Fitriyani Pakpahan; Ferry Duan
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v1i2.24

Abstract

Drugs (narcotics, psychotropics, and dangerous drugs) have basically been used by mankind for a long time. Many types of narcotics and psychotropics provide great benefits when used properly and correctly. In the field of medicine, narcotics and psychotropic substances can cure various diseases and end suffering. This indicates, drugs do not always have a bad impact. The problem arises when drugs are abused and used excessively. The problem of drug use disorders (narcotics, psychotropics and other addictive substances) is a complex problem whose management involves many scientific fields, both medical and non-medical. Drug use disorders are very complex bio-psycho-socio-cultural problems that need to be addressed in a multidisciplinary and cross-sectoral manner in a comprehensive and consistent program. This is in accordance with the provisions of Law Number 35 of 2009 concerning narcotics in article 54. Djasamen Saragih Regional General Hospital Pematang Siantar City is one of the hospitals that participate in carrying out medical rehabilitation and social rehabilitation through the Methadon Maintenance Therapy Program (PTRM).In this case, from the applicable law, the MMT program is adequate although it needs improvements both in the ability of health workers, both patient non-compliance in undergoing the program and the participation of local governments in supporting the improvement of the ability of health workers in the MMT program and the need for implementing this program with spiritual therapy.
CRIMINAL LIABILITY OF MEDICAL RESPONSIBILITY IN HANDLING OF PATIENTS WITH GASTROINTESTINAL DISORDERS OK Isnainul; Mulyadi Mulyadi; Idwan Harris Siahaan
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.40

Abstract

Errors that can occur in medical actions from medical personnel include gastrointestinal handling. Gastrointestinal is commonly found in the intensive care unit (ICU). Errors or omissions are an essential element to determine whether or not a person can be sentenced to a crime, as well as in medical malpractice actions, it is largely determined by the presence or absence of negligence or errors of medical personnel in carrying out medical actions against patients, both professionally and legally. The purpose of the study was to analyze “Criminal Liability of Medical Personnel who are Negligent in Handling Patients with Gastrointestinal Disorders”. The results of the study obtained: 1) Criminal provisions against medical personnel who are negligent in handling patients with gastrointestinal disorders are regulated in Article 51 of the Republic of Indonesia Law Number: 29 of 2004 concerning medical practice, where a medical worker is obliged to provide assistance on a humanitarian basis. Looking at these provisions, it can be seen that the medical profession requires special competence and authority because the actions taken contain considerable risks. Medical personnel in carrying out medical procedures already have service standards that serve as guidelines and guidelines that apply to all medical personnel. If the standard is not implemented or implemented but is not in accordance with the required average standard, in the sense of ignoring the obligations stipulated by the applicable laws and regulations and the code of ethics of the medical profession, then it can be said as an error in the form of culpa or negligence. 2) Criminal liability of medical personnel for negligence in handling patients with gastrointestinal disorders is a criminal act by which, of course, can be subject to criminal provisions or sanctions. Criminal provisions that can be applied to medical personnel who are negligent in providing treatment to patients with gastrointestinal disorders are regulated in the general criminal provisions of Articles 267, 299, 304, 322, 344, 346, 347, 348 and Article 349 of the Criminal Code, which includes acts of a deliberate nature. As for what includes negligence, it is stated in Article 359, Article 360, and Article 361 of the Criminal Code, 3) The rights of health workers to the demands of patients with gastrointestinal disorders have been regulated through laws and regulations, namely Article 11 paragraph (1) of the Republic of Indonesia Law Number: 36 of 2014 concerning Health Workers and Article 50 of the Republic of Indonesia Law: Number 29 of 2004 concerning Medical Practice.
Tindak Pidana Penyalahgunaan Narkotika Jenis Psikotropika yang Dilakukan Anggota TNI (Putusan No.80-K/PM I-02/AD/VII/2018) Mulyadi Mulyadi; Thurva Naziha Visar; Habibie Rahman Sinaga; Baeyhaki Ekaputra Hamidi
Al-Adl : Jurnal Hukum Vol 15, No 2 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i2.9572

Abstract

The Indonesian National Armed Forces (TNI) is part of society and protectors specially prepared to carry out the duties and defense of the country. In addition, the Indonesian National Army (TNI) is limited by laws and military regulations, so all actions undertaken must be based on applicable laws and regulations. To carry out specific duties and obligations, the Indonesian National Army (TNI) is educated and trained to comply with orders or decisions and carry them out appropriately and efficiently. The increase in the illicit circulation of narcotics in the territory of Indonesia is due to the lack of strictness or the lightness of the punishments imposed on dealers and users or the development of narcotics abuse and illicit trafficking not only in the general public but also in the military community, both as manufacturers, dealers and users. The illicit circulation of narcotics within the military is currently very concerning for the discipline and future of the Indonesian National Armed Forces (TNI) because it will lead to dependence on its users and hinder the implementation of its primary duties, damage the physical and mental health of military members who use narcotics, and the Criminal Code will be enforced. The Military Criminal Law, especially regarding the imposition of a sentence, but if the act is not regulated in the Criminal Procedure Code, another law that regulates it will apply. This study aims to find out the factors that cause narcotics abuse by military members and to analyze the judge's decision regarding the criminal act of narcotics abuse by members of the TNI. This study uses a normative juridical approach and is descriptive by using legal sources in the form of secondary data, in this case, bibliographical data. Data collection techniques are carried out using decision studies and searches of related documents, laws, literature, etc. The study results showed that the Military Prosecutor in the trial brought the defendant along with his identity data, and the defendant confirmed that the identity was his so that there was no wrong subject.
Penanggulangan Tindak Pidana Korupsi Dana Bantuan Sosial Pada Saat Bencana Alam Mulyadi Mulyadi; Vivian Wijaya; Marthin Erixon Sitorus; Kartina Pakpahan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3420

Abstract

Corruption is a crime that harms state finances and the people's economy. On KPK website, cases of budget misuse data based on region, from 2004 to 2021 there are as many as 402 cases. So, extraordinary enforcement and extraordinary measures are needed. The research purpose is to analyze the regulation of corruption crimes committed during natural disasters, analyze the weaknesses of regulation corruption in social assistance funds, and analyze the prevention of corruption during natural disasters. This study uses statute approach with secondary legal literature research techniques and uses prescriptive analysis. The result of this journal is regulation of Corruption Crimes during natural disasters is regulated in Law Number 24 of 2007 about Disaster Control, Law Number 31 of 1999 about Eradication of Corruption Crimes, and PERPU Number 24 of 1960 about Investigation, Prosecution and Examination of Corruption Crimes. Provisions for the death penalty are regulated in Article 2 paragraph 2 Law Number 31 of 1999, namely in event that criminal act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty can be imposed, and prevention of corruption during a natural disaster can be carried out by penal and non-penal.