Mutia Evi KRISTHY, Helmi HAMDANI, Miko SIAMIKO, Oki SANJAYA
Purpose - Judicial power is necessary in a legal state. Judicial power functions to enforce the law by force. Forced law enforcement aims to achieve legal objectives. According to Gustav Radbruch, the law aims to fulfill a sense of justice, certainty, and benefit in living together.Methodology - The fundamental values of law which, according to Gustav Radbruch, include justice (philosophical), legal certainty (juridical), and benefits for society (sociological)Findings - Gustav Radbruch's view of the three primary legal values is very important for judges in deciding cases. In realizing these values, judges should remain neutral, independent, and free and not be interfered with by political or government interests.Implication - Officials implementing judicial power should uphold the philosophical, juridical, theological, and moral meaning of irah-irah "for the sake of justice based on belief in the Almighty God" in every decision they pronounce. Conflicts in upholding justice, expediency, and legal certainty should not make every law and decision useless for a society that believes in justice.
{"title":"The Role of Judges in Realizing the Three Basic Legal Values Reviewed from Gustav Radbruch's View","authors":"Mutia Evi KRISTHY, Helmi HAMDANI, Miko SIAMIKO, Oki SANJAYA","doi":"10.38142/jpls.v1i2.81","DOIUrl":"https://doi.org/10.38142/jpls.v1i2.81","url":null,"abstract":"Purpose - Judicial power is necessary in a legal state. Judicial power functions to enforce the law by force. Forced law enforcement aims to achieve legal objectives. According to Gustav Radbruch, the law aims to fulfill a sense of justice, certainty, and benefit in living together.Methodology - The fundamental values of law which, according to Gustav Radbruch, include justice (philosophical), legal certainty (juridical), and benefits for society (sociological)Findings - Gustav Radbruch's view of the three primary legal values is very important for judges in deciding cases. In realizing these values, judges should remain neutral, independent, and free and not be interfered with by political or government interests.Implication - Officials implementing judicial power should uphold the philosophical, juridical, theological, and moral meaning of irah-irah \"for the sake of justice based on belief in the Almighty God\" in every decision they pronounce. Conflicts in upholding justice, expediency, and legal certainty should not make every law and decision useless for a society that believes in justice.","PeriodicalId":485782,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bama ADIYANTO, Mutia Evi KRISTHY, Jentung Wisnu MURTI, Salahidin SALAHIDIN
Purpose - The existence of customary law communities occurs naturally, which has natural consequences for obtaining their rights. The granting of their rights as legal subjects must be based on genuine awareness that they have the right to obtain them, not motivated by compassion, which is preceded by requests or requests through violent movements. The state was obligated to maintain the living space of existing communities long before the Indonesian state was formed.Methodology - In this writing, the author uses normative juridical methods by studying customary law communities ontologically, epistemologically, and axiologically.Findings - Recognition of its existence should be followed by legal certainty. Constitutive recognition of the existence of customary law communities is necessary. The stipulation of the Law on Indigenous Peoples is a form of state action in interpreting justice, as stated by Ulpianus.Implication - The existence of customary law communities should be seen as a community whose existence is beyond doubt because it has been epistemologically tested concerning current reality.
{"title":"Recognition of the Existence of Traditional Legal Communities from the Perspective of Legal Philosophy","authors":"Bama ADIYANTO, Mutia Evi KRISTHY, Jentung Wisnu MURTI, Salahidin SALAHIDIN","doi":"10.38142/jpls.v1i2.82","DOIUrl":"https://doi.org/10.38142/jpls.v1i2.82","url":null,"abstract":"Purpose - The existence of customary law communities occurs naturally, which has natural consequences for obtaining their rights. The granting of their rights as legal subjects must be based on genuine awareness that they have the right to obtain them, not motivated by compassion, which is preceded by requests or requests through violent movements. The state was obligated to maintain the living space of existing communities long before the Indonesian state was formed.Methodology - In this writing, the author uses normative juridical methods by studying customary law communities ontologically, epistemologically, and axiologically.Findings - Recognition of its existence should be followed by legal certainty. Constitutive recognition of the existence of customary law communities is necessary. The stipulation of the Law on Indigenous Peoples is a form of state action in interpreting justice, as stated by Ulpianus.Implication - The existence of customary law communities should be seen as a community whose existence is beyond doubt because it has been epistemologically tested concerning current reality.","PeriodicalId":485782,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fayaz Gul Mazloum YAR, Shamsurahman ZAHID, Jan Mohammad MIAKHIL
Purpose - The emergence of industrial hubs focused on oil and gas energy has fortified economic structures by integrating production, transit, and energy consumption, a phenomenon known as "geo-economics. The Near East, a strategic region rich in hydrocarbon reservoirs, has garnered significant attention as it seeks to influence critical areas, bases, and operational centers to achieve political-military and economic-commercial objectives. Due to its unique geographical location and proximity to major powers like Russia and China, along with regional players such as Iran, Pakistan, and India, Afghanistan assumes a vital operational role.Methodology - This article discusses the consequences of economic, geopolitical, and geo-economic developments in Afghanistan and neighboring regions using analytical and descriptive methods and reliable scientific and research sources. This research method has used the data and results of numerous studies in this field and explained these developments' connections and mutual effects.Findings - Capitalizing on its exceptional geographical position, Afghanistan stands to capitalize on numerous economic opportunities in trade and transit. Despite efforts to leverage this potential, significant progress remains elusive.Implication - This article delves into the economic and political prospects and capabilities engendered by Afghanistan's geographic position, aiming to identify its critical attributes for developmental purposes.
{"title":"Afghanistan's Geopolitical and Geo-economic Significance in Regional Connectivity and Development","authors":"Fayaz Gul Mazloum YAR, Shamsurahman ZAHID, Jan Mohammad MIAKHIL","doi":"10.38142/jpls.v1i2.86","DOIUrl":"https://doi.org/10.38142/jpls.v1i2.86","url":null,"abstract":"Purpose - The emergence of industrial hubs focused on oil and gas energy has fortified economic structures by integrating production, transit, and energy consumption, a phenomenon known as \"geo-economics. The Near East, a strategic region rich in hydrocarbon reservoirs, has garnered significant attention as it seeks to influence critical areas, bases, and operational centers to achieve political-military and economic-commercial objectives. Due to its unique geographical location and proximity to major powers like Russia and China, along with regional players such as Iran, Pakistan, and India, Afghanistan assumes a vital operational role.Methodology - This article discusses the consequences of economic, geopolitical, and geo-economic developments in Afghanistan and neighboring regions using analytical and descriptive methods and reliable scientific and research sources. This research method has used the data and results of numerous studies in this field and explained these developments' connections and mutual effects.Findings - Capitalizing on its exceptional geographical position, Afghanistan stands to capitalize on numerous economic opportunities in trade and transit. Despite efforts to leverage this potential, significant progress remains elusive.Implication - This article delves into the economic and political prospects and capabilities engendered by Afghanistan's geographic position, aiming to identify its critical attributes for developmental purposes.","PeriodicalId":485782,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Purpose:A patient is someone who needs health services or medical services in a hospital. In medical services, it does not rule out the possibility of an error or negligence. Mistakes or negligence made by health workers in carrying out their duties and profession can have fatal consequences, both on the body and soul of the patient, in this case, of course, it is very detrimental to the patient. Therefore, legal protection is needed for patients and accountability of health workers for losses suffered by patients.Methodology:The data collection techniques in the form of document studies. The data obtained is then processed and compiled systematically, then analyzed qualitatively.Findings:The author has the purpose of this study, first to know and examine the legal protection of patients in Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004 concerning Medical Practice, and the second author examines the legal responsibility of doctors in the event of a misdiagnosis in case number 624 / PDT / 2019 / PT. DKI.Implication:Protection of patients in the event of misdiagnosis is regulated in several laws and regulations, namely in Article 1365 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004. The form of legal responsibility of doctors in the event of a misdiagnosis can be divided into ethical responsibility and legal responsibility. Legal responsibility can also be divided into administrative responsibility, criminal responsibility and civil responsibility.
目的:病人是指在医院里需要健康服务或医疗服务的人。在医疗服务中，不排除错误或疏忽的可能性。卫生工作者在履行职责和职业时所犯的错误或疏忽可能对病人的身体和灵魂造成致命的后果，在这种情况下，当然对病人是非常有害的。因此，需要对患者提供法律保护，并要求卫生工作者对患者遭受的损失负责。方法论:以文献研究的形式收集数据的技术。然后对获得的数据进行系统的处理和编译，然后进行定性分析。研究结果:作者的研究目的首先是了解和审查1999年关于消费者保护的第8号法和2004年关于医疗实践的第29号法对患者的法律保护，第二作者审查了624 / PDT / 2019 / PT. DKI案件中医生在误诊事件中的法律责任。含义:在误诊情况下对患者的保护在几部法律法规中有规定，即《民法典》第1365条、1999年关于消费者保护的第8号法律和2004年的第29号法律。医生在发生误诊时的法律责任形式可分为伦理责任和法律责任。法律责任又可分为行政责任、刑事责任和民事责任。
{"title":"Legal Protection of The Patient in The Event of Occurrence The Misdiagnosis Is Connected With Law Number 8 Of 1999 Consumer Protection And Law Number 29 Of 2004 Concerning The Practice Of Medicine (Case Study Of High Court Decision DKI Jakarta Number: 624/Pdt/2019/ PT. DKI)","authors":"Ninthiya Dwi FEBRIYANTI","doi":"10.38142/jpls.v1i1.47","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.47","url":null,"abstract":"Purpose:A patient is someone who needs health services or medical services in a hospital. In medical services, it does not rule out the possibility of an error or negligence. Mistakes or negligence made by health workers in carrying out their duties and profession can have fatal consequences, both on the body and soul of the patient, in this case, of course, it is very detrimental to the patient. Therefore, legal protection is needed for patients and accountability of health workers for losses suffered by patients.Methodology:The data collection techniques in the form of document studies. The data obtained is then processed and compiled systematically, then analyzed qualitatively.Findings:The author has the purpose of this study, first to know and examine the legal protection of patients in Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004 concerning Medical Practice, and the second author examines the legal responsibility of doctors in the event of a misdiagnosis in case number 624 / PDT / 2019 / PT. DKI.Implication:Protection of patients in the event of misdiagnosis is regulated in several laws and regulations, namely in Article 1365 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection and Law Number 29 of 2004. The form of legal responsibility of doctors in the event of a misdiagnosis can be divided into ethical responsibility and legal responsibility. Legal responsibility can also be divided into administrative responsibility, criminal responsibility and civil responsibility.","PeriodicalId":485782,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：