MERASSA JOURNAL OF LEGAL STUDIES

DISMISSAL PROCESS IN THE STATE ADMINISTRATIVE COURT

2025-04-30T08:39:06+00:00

Indonesia is a rule of law country. The rule of law in its development demands the development of administrative justice so that Indonesia forms the State Administrative Court (PTUN). PTUN is now implemented based on Law Number 51 of 2009 concerning PTUN. In the procedural law of the PTUN, there is a dismissal determination by the Chief Justice which aims to determine the Absolute Competency of the PTUN. The problems discussed are 1). What are the current regulations regarding dismissal poses in the State Administrative Court? and 2). What legal remedies can be taken against the dismissal process? The research method used is normative juridical, referring to legal norms contained in statutory regulations and court decisions as well as legal norms that exist in society. Research results 1). The dismissal process is based on Article 62 of the PTUN Law which has implications for screening claims, whether they can proceed to the preparatory examination stage or whether they are rejected. 2). Regarding the dismissal process, the plaintiff still has a legal opportunity, namely in accordance with Article 62 paragraph (3) letter a of the PTUN Law, which explains that the plaintiff can submit legal action in the form of opposition to the court within a period of 14 (fourteen) days after the dismissal decision is pronounced

IMPLEMENTATION OF THE LAW IN PEOPLE'S LIVES: CHALLENGES AND SOLUTIONS FOR THE POLICE PROFESSION

2025-05-04T04:31:02+00:00

The law aims to provide fair treatment for all people regardless of status. The law allows for fair dispute resolution, with the existence of a judicial system, individuals can seek justice in the event of a violation of their rights. In this legal role, the police profession has a strategic role in law enforcement and maintaining order in society. The strategic role of the police is the main pillar in providing efforts to maintain order and justice in society. The police play a role in creating a safe, fair, and orderly environment. The strategic role of the police is to enforce the law and ensure that the law is applied consistently and fairly. In this case, most of the police fail to provide justice and security to the community, and focus more on enforcing the rule of law. Therefore, it is necessary to find solutions to answer these problems by improving the quality of education and training for police members, optimizing humanist approaches in law enforcement, strengthening synergy between the police and the community, and digitizing and transparency of the law enforcement process.

LEGAL IMPLEMENTATION OF MALPRACTICE CASES IN ONLINE BASED HEALTH SERVICES IN INDONESIA

2025-05-04T05:27:50+00:00

The implementation of health services always has the potential to pose risks that can harm patients, including health services based on online health services. Online health services are a form of electronic-based health services so that doctors and patients do not meet in person. Currently, there are 3 laws and regulations that regulate online health services, namely Permenkes No. 20 of 2019, Decree of the Minister of Health Number HK.01.07/MENKES/4829/2021 concerning Health Service Guidelines. Through online health services during the Corona Virus Disease 2019 Pandemic, and Regulation No. 74 of 2020. This article discusses the legal relationship and risks of providing online health services as well as legal protection for patients who suffer malpractice losses in these services. In the implementation of online health services, there is a legal relationship between patients, doctors, and platforms. Regarding the legal protection provided to patients of online health service platforms as consumers of health service service users, they can claim compensation from platform providers in accordance with the provisions of the Consumer Protection Law. Users of online health platform services can choose the desired settlement mechanism either through litigation in accordance with Article 47 of the Consumer Protection Law or non-litigation as stipulated in Article 48 of the Consumer Protection Law. Then related to misdiagnoses made by doctors on online health service platforms, they can also be held accountable by submitting complaints to the Indonesian Medical Discipline Honorary Council in accordance with what has been affirmed through Article 66 of the Medical Practice Law