JOURNAL of LAW https://banuainstitute.org/JOLA <p><strong>Journal of Law Studies (JOLA)</strong> E-ISSN 2961-9157 is a journal published by the Banua Institute. This journal contains studies in the field of legal science both theoretically and empirically. The focus of this journal is on the study of civil law, criminal law, constitutional law, international law, procedural law and customary law. Journal of Legal Studies is published 2 (two) times a year.</p> en-US cknegara@ucb.ac.id (DR. Candra Kusuma) cknegara@youcb.ac.id (DR. Candra Kusuma) Sat, 20 Aug 2022 00:00:00 +0700 OJS 3.3.0.11 http://blogs.law.harvard.edu/tech/rss 60 LEGAL INFORMATION SYSTEM POLICY ANALYSIS HEALTH IN INDONESIA https://banuainstitute.org/JOLA/article/view/6 <p>The resolution of malpractice cases in Indonesia is very ambiguous and&nbsp; confusing, not only for legal practitioners but also for ordinary people. How not, every time there is an alleged malpractice experienced by a patient, the patient is also confused about who and where to report this case, especially when there is no accompanying lawyer. What if the alleged malpractice is experienced by a patient whose standard of living is classified as poor, just go to the hospital using ASKESKIN (health <br>insurance for the poor) where it is possible to pay a lawyer to file a lawsuit against a doctor or hospital. There are two processes for resolving malpractice cases, the first by way of litigation, namely according to legal procedures submitted to legal institutions or ethical institutions, the second by non-litigation, namely solving problems through alternative channels with family deliberation. It may even be necessary to have a special court (ad hoc court), or a special institution formed by a special government to resolve all problems related to malpractice using deliberation</p> Saddam Syahbani Nasution Copyright (c) 2022 JOURNAL of LAW https://banuainstitute.org/JOLA/article/view/6 Sat, 20 Aug 2022 00:00:00 +0700 LEGAL PROTECTION OF PATIENTS DURING PANDEMIC COVID-19 https://banuainstitute.org/JOLA/article/view/9 <p>This legal research aims to determine the implementation of legal protection for health services during the outbreak of the Corona Virus Disease (Covid-19) pandemic which spreads to all countries in the world without exception in Indonesia, including to various regions, one of which is in the Blora Regency, where patients, especially non-Covid-19 patients, need health service providers, both in health centers and in hospitals. This legal research uses empirical legal research that is descriptive in nature to review the implementation of applicable laws and regulations and compare it with the reality in the field. The research sources take primary data based on facts in the field and secondary data based on applicable laws and regulations Based on the results of research that has been done, it shows that during the Covid-19 pandemic the implementation of health services for non-Covid 19 patients in Blora Regency, several things were in accordance with health protocol standards and legal protection that patients received in the form of legal protection. both preventively and repressively based on Law Number 36 of 2009 concerning Health.</p> Mieke Aprilia Utami Copyright (c) 2022 JOURNAL of LAW https://banuainstitute.org/JOLA/article/view/9 Sat, 20 Aug 2022 00:00:00 +0700 IMPLEMENTATION OF HEALTH LAW FOR PRISONERS WITH HAZARDOUS TRANSMITTED DISEASES AS A FORM OF FULFILLMENT OF HEALTH RIGHTS FROM A HUMAN RIGHTS PERSPECTIVE https://banuainstitute.org/JOLA/article/view/7 <p>This research aims to analyze the application of health law in the Class II B Penitentiary in Sleman to Prisoners with dangerous infectious diseases in the perspective of Human Rights. The author in writing this journal uses empirical legal methods with a sociological juridical research model. This research is descriptive in nature using a qualitative approach. As part of Indonesian citizens, prisoners have human rights as constitutional rights that must be given and protected by the state. The right to health is an important part of human rights, but the granting of health rights especially for prisoners with dangerous infectious diseases is not yet optimal. Many obstacles faced by the Penitentiary to make health efforts. The most significant obstacle and the significant impact of creating other barriers are the problem of over population in prisons or overcrowding and application of health laws that have not been properly implemented.</p> Erika Lismayani Copyright (c) 2022 JOURNAL of LAW https://banuainstitute.org/JOLA/article/view/7 Sat, 20 Aug 2022 00:00:00 +0700 LEGAL PROTECTION OF PATIENTS WHO SUFFER DAMAGES DUE TO WRONG DIAGNOSIS IN ONLINE HEALTH SERVICES PLATFORM https://banuainstitute.org/JOLA/article/view/10 <p>The purpose of this study is to increase public knowledge about the legal regulation of the implementation of online health platforms in Indonesia and to provide understanding to the public, especially users of online health platform services, regarding legal protection specified in-laws and regulations. This normative legal research examines the problem of norms, namely norm obscurity that occurs based on statutory control and a conceptual approach. The results of the study show that the legal arrangements for implementing online health platforms are based on the Health Law as part of the provision of health services and Permenkes No. 20 of 2019 which further regulates telecommunications operations. Furthermore, concerning the legal protection provided on online health patient platforms as consumers of health service users, they can sue for harm to the platform following the provisions of the Consumer Protection Law. Users of online platform health services can choose the desired solution either by litigation under Article 47 of the Consumer Protection Law or non-litigation stipulated in Article 48 of the Consumer Protection Law. Then following to misdiagnosis made by doctors on the online platform, they can also be held accountable by submitting complaints to the Honorary Council of Indonesian Medical Discipline by what has been confirmed in Article 66 of the Medical Practice Law.</p> Amelia Rachman Copyright (c) 2022 JOURNAL of LAW https://banuainstitute.org/JOLA/article/view/10 Sat, 20 Aug 2022 00:00:00 +0700 HEALTH LEGAL VIEW ON ABORTUS PROVOCATEURS https://banuainstitute.org/JOLA/article/view/8 <p>&nbsp;&nbsp;&nbsp;&nbsp; Currently, the practice of abortion is increasingly prevalent and the number continues to increase from year to year. Abortion, for most people is seen as an act of murder because the fetus or baby in the mother's womb has the right to live, plus for some religions it is not permissible for a woman to abort her womb for any reason. Most of the reasons for abortion are non-medical, including not wanting to have children for fear of interfering with career, school, and other responsibilities, financially unable to raise children, and not wanting to raise children without the presence of a father. Another reason that is still happening until now (especially for women who are pregnant out of wedlock) is to maintain the honor of the family. Indonesian women use these reasons to convince themselves that abortion is legal and justified. Though the reasons</p> Suriyadi Copyright (c) 2022 JOURNAL of LAW https://banuainstitute.org/JOLA/article/view/8 Sat, 20 Aug 2022 00:00:00 +0700