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All Journal Jurnal Dinamika Hukum Jurnal Daulat Hukum
Ruetaitip Chansrakaeo
Faculty of Humanities and Social Sciences, Valaya Alongkorn Rajabhat University under the Royal Patronage
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective Fradhana Putra Disantara; Ratna Maya Permatasari A. B; Fawaidil Ilmiah; Ruetaitip Chansrakaeo
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v6i2.30982

Abstract

Administrative efforts as part of the state administrative and legal process must be taken as an initial means before the settlement is carried out in court. In this case, administrative efforts are efforts to optimize non-litigation dispute resolution steps. This study attempts to present a prescription for administrative efforts associated with the idea of an integralistic state. This research is legal research. This study uses primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 30 of 2014 on Government Administration, and Supreme Court Regulation No. 6 of 2018. Secondary legal materials include books, articles, and other scientific works, especially those related to the idea of an integralist state initiated by Supomo. Non-legal materials include legal dictionaries. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the mandatory administrative effort in the Law No. 30 of 2014 on Government Administration is a progressive step because it emphasizes the values of the civilized nation, which focuses more on non-litigation dispute resolution. In addition, the reconstruction of the practice of administrative efforts needs to be carried out by socializing and providing an understanding of the importance of administrative efforts as well as the need for technical guidelines for the implementation of administrative efforts in each institution as well as increase the capacity of institutional leaders.
Corrective Justice For Medical Personnel Who Violate The Law: Where Is The Professional Organizations Involvement? Gede Dicky Wahyu Putra Sudarta; I Made Wirya Darma; Ruetaitip Chansrakaeo
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3657

Abstract

The provision of criminal sanctions for medical personnel who violate the law in the form of gross negligence creates legal uncertainty apart from the unclear definition of serious negligence and does not involve the role of professional medical professional organizations in determining criminal witnesses for medical personnel. This study aims to formulate aspects of corrective justice for medical personnel who violate the law, especially in the realm of criminal law. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the criminal responsibility of medical personnel requires the role of the professional organization of the medical personnel concerned. This is because the assessment of the professional organization of medical personnel is important as a form of guaranteeing justice and legal certainty for medical personnel. Corrective justice-based medical personnel accountability orientation can actually be carried out by involving the roles and recommendations of medical professional organizations. In addition, health law reform is also needed by formulating criminal sanctions for medical personnel based on ultimum remidium, namely utilizing non-prison criminal sanctions in order to achieve justice for medical personnel
Co-Authors Fawaidil Ilmiah Fradhana Putra Disantara Gede Dicky Wahyu Putra Sudarta I Made Wirya Darma Ratna Maya Permatasari A. B