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All Journal Welfare State Jurnal Hukum
Tioma R. Hariandja
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Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum Penyelesaian Sengketa Medis Melalui Mediasi di Luar Pengadilan Muhammad Afiful Jauhani; Supianto Supianto; Tioma R. Hariandja
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1470

Abstract

The provisions of Article 29 of Law Number 36 of 2009 concerning Health states that, in the event that a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation. The explanation of the article states that, Mediation is carried out when a dispute arises between health workers providing health services and patients as recipients of health services. Mediation is carried out with the aim of resolving disputes out of court by a mediator agreed by the parties. This type of research is normative juridical. Normative law research uses normative case studies in the form of products of legal behavior, for example reviewing laws. Based on the research, it can be concluded that mediation efforts to resolve media disputes outside the court are more flexible regarding the time and place of implementation. and is considered capable of maintaining the confidentiality of the disputing parties. The peace agreement resulting from mediation of medical disputes outside the court which has been determined by the Court as a deed of peace (acte van dading) has the same power as a court decision which has permanent legal force (incracht van gewijsde), so it has binding and final force (final and binding). ), perfect evidentiary power as well as executorial power.
Penerapan Hukum Jipen/Singer dalam Tindak Pidana Asusila Masyarakat Suku Dayak Ngaju (Study Kasus di Desa Pundu, Cempaga Hulu, Kotawaringin Timur, Kalimantan Tengah) Anisa Nikmatul Janah; Tioma R. Hariandja; Sidi Alkahfi Setiawan
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2415

Abstract

Indonesia has a diverse population. Which are various tribes and nations and have their own characteristics. One of them is the Dayak tribe, a Kalimantan tribe who live in groups living in the interior, in the mountains, and so on. One of the sanctions owned by the Dayak tribe is called Jipen which has another name, namely Singer. The first problem is how is the application of the Jipen/Singer law in immoral crimes in the Dayak Ngaju tribe, Central Kalimantan?. Second problem What is the power of law in the application of the Jipen/Singer law in cases of immoral crimes?. Namely Jipen is a customary legal action for the Dayak tribe. Which is the application of the Jipen Law in Immoral Crimes. Traditional leaders who will singer who violate Dayak customary rules. Jipen is a punishment given to the perpetrator. Customary law is recognized by the state as legal law. In which the State recognizes customary law community units and their traditional rights, because Jipen law emerges from indigenous peoples. The power of Customary Law applied in the form of Jipen/Singer is very strong and thick.
Co-Authors Anisa Nikmatul Janah Muhammad Afiful Jauhani sidi alkahfi setiawan Supianto Supianto