The Principles of Good Legislation Forming: A Critical Review

Busthami, Dachran S.

doi:10.37276/sjh.v4i2.223

Cited by 6 publications

(6 citation statements)

References 14 publications

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“…The uniqueness of laws lies in their universal binding force, applicable to every individual under the jurisdiction without exception. This binding force of laws promotes collective obedience among citizens, requiring everyone to comply with the provisions set forth (Busthami, 2022). In the context of legal obligations, any agreement or contract made by the involved parties must align with applicable legal provisions.…”

Section: The Legal Force Of Lawsmentioning

confidence: 99%

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Dongoran,

Aminah

2024

AIJIH

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This study aims to delve deeper into the dynamics between obligations arising from contracts and laws and the role of authentic deeds, as well as to explore the implications of the legal force inherent in each element in establishing and maintaining an obligation. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that legal obligations can be formed through various mechanisms, including contracts, laws, and authentic deeds. A contract, which can be either a written or oral agreement, creates a legal bond between the parties, with its legal force depending on the fulfilment of established legality conditions. Laws, as regulations made by the government, establish rights and obligations that are generally applicable and binding for all citizens, including in the context of legal obligations. Meanwhile, an authentic deed created by a notary offers a higher level of legal certainty than ordinary contracts due to its inherent evidentiary power and legal recognition. Therefore, it is recommended that parties in an obligation carefully consider the type of agreement to use in line with the complexity and legal needs of the obligation. Written or oral contracts may suffice for simple transactions or agreements, which meet all required legality conditions. However, for more complex obligations or those requiring high legal certainty, such as property transactions or significant business agreements, it is highly advisable to use an authentic deed prepared and authenticated by a notary. Choosing the appropriate obligation mechanism will ensure the legality and legal force of the agreement and provide better protection for all involved parties against potential disputes in the future.

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Section: The Legal Force Of Lawsmentioning

confidence: 99%

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Dongoran,

Aminah

2024

AIJIH

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“…The regulation and standard-determination process involves consultations with health experts and considerations of the latest developments in health science and technology. This determination shows that legislation in the health world must adapt to changes to provide the best health services for society (Busthami, 2022).…”

Section: Bentuk Perlindungan Hukum Administrasimentioning

confidence: 99%

Legal Protection for Victims of Medical Malpractice during the COVID-19 Pandemic: A Study on Legislation

Khalid

2023

sjh

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This study examines the forms of legal protection available for victims of medical malpractice. This study uses normative legal research with a statute approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the complexity of health service provision during the COVID-19 pandemic increases the risk of errors and medical malpractice. The Government has established a series of legal protections, including civil, criminal, and administrative, to facilitate victims of medical malpractice claim their rights. Civil legal protection ensures patients’ rights to seek compensation through out-of-court dispute resolution, such as negotiation, mediation, and arbitration. Meanwhile, criminal legal protection regulated punishments such as imprisonment or a fine for doctors proven guilty of medical malpractice. On the other hand, administrative legal protection provides a complaint mechanism for patients, ensuring that the Government and Honorary Council will impose administrative sanctions on doctors proven guilty of medical malpractice. Therefore, it is recommended that the Government continue strengthening and enhancing public awareness regarding patients’ rights and the available legal protection mechanisms, especially during the COVID-19 pandemic. This role is crucial for empowering the community to protect themselves from potential medical malpractice. Furthermore, healthcare personnel should be given maximum support through adequate facilities and equipment provision, as well as capacity enhancement through ongoing training and education, to enable them to provide optimal health services in the face of this pandemic challenge. In addition, there needs to be a strengthening of the monitoring system and legislation to prevent and effectively handle medical malpractice cases.

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“…These provisions form the basis for the Forestry Police to take necessary legal actions to protect forests. Furthermore, these regulations underscore the Government's recognition of the importance of granting special authority to competent forestry officials in law enforcement related to forests (Busthami, 2022).…”

Section: The Position and Role Of The Forestry Police In Combating Il...mentioning

confidence: 99%

The Role, Obstacles, and Challenges of the Forestry Police in the Pesapa FMR’s Work Area

Nasrullah

2023

sjh

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This research examines the role of the Forestry Police and the obstacles and challenges they face in combating illegal logging in the Pesapa FMR’s Work Area. Employing empirical research methods, it utilizes primary and secondary data from April to June 2023 in Batulappa Sub-district, Pinrang Regency, Indonesia. The study then analyzes the acquired data qualitatively to describe the problem and answer the research objectives. The findings reveal that the Forestry Police in the Pesapa FMR’s Work Area encounter several obstacles and challenges in executing forest protection. These obstacles include limited functional officers and equipment, the extended area of the protection forest requiring safeguarding, and the Batulappa community’s lack of understanding about forest boundaries and functions. Another emerging factor is the suboptimal law enforcement by the Forestry Police, especially in illegal logging cases involving local communities. Therefore, the Head of the TIU of Sawitto FMU is recommended to increase the number of functional officers and ownership of Forestry Police equipment in the Pesapa FMR’s Work Area. Furthermore, a continuous education program on the importance of forest conservation and the dangers of illegal logging for the Batulappa community must also be implemented. The Local Government must also seek alternatives for agricultural and plantation land use. Lastly, the Forestry Police must show a more substantial commitment to handling illegal logging cases, reinforcing the Government’s dedication to forest protection.

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The Principles of Good Legislation Forming: A Critical Review

Cited by 6 publications

References 14 publications

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Legal Protection for Victims of Medical Malpractice during the COVID-19 Pandemic: A Study on Legislation

The Role, Obstacles, and Challenges of the Forestry Police in the Pesapa FMR’s Work Area

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