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All Journal Welfare State Jurnal Hukum
Afiful Jauhani, Muhammad
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Law, Crime, Criminology & Criminal Justice

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Journal : Welfare State Jurnal Hukum

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Kepastian Hukum Penyelesaian Sengketa Medis Melalui Mediasi di Luar Pengadilan Afiful Jauhani, Muhammad; Supianto, Supianto; R. Hariandja, Tioma
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.
Autopsi Forensik Sebagai Upaya Mencapai Kepastian Hukum Pada Kasus Kematian Tidak Wajar Afiful Jauhani, Muhammad; Wahyu Pratiwi, Yoga; Supianto, Supianto
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2063

Abstract

Autopsy is a medical examination of a corpse to determine the cause of death. Forensic autopsies for judicial purposes have been regulated in Article 133 and Article 134 of the Code of Criminal Procedure, even Article 222 of the Criminal Code has also regulated criminal sanctions against parties who intentionally hinder forensic autopsies, but it is undeniable that there are still obstacles in its implementation. This study aims to analyze the essential role of forensic autopsies for legal certainty through analysis of several court decisions and literature review using normative juridical methods with statutory and conceptual approaches. Forensic autopsies has scientific validity. Application of the principle of causality is very important in law enforcement for a fair and correct decision so that it can fulfill a sense of justice for victims, perpetrators and also the community. The accurate cause of death through a forensic autopsy, is a material justification that can be verified scientifically for discovering the truth.
Co-Authors R. Hariandja, Tioma Supianto Supianto, Supianto Wahyu Pratiwi, Yoga