Ads 468x60px

Senin, 28 November 2011

We complained to the legality

The legal expert Prof. Sociology Satjipto Raharjo, in his book "The other side of the law in Indonesia, Compass Publishing, 2003," implying that, in the sense of innocence, even if the trial faction Judex (PN and PT) pleaded guilty, is a bad precedent for the creation of the legal culture in this country. "Critical view of the legal sociologist kmenjadi worth reflecting on the whole, it is a profound message about our own need mentradisikan culture in this country, as it contains the law is not possible without an overall culture of a just law can be performed.

Legal culture is closely related to the law and knowledge of the law within the community. In the legal culture is a tradition that can be seen every day in public behavior that is consistent and reflects the will of the laws or guidelines set apply to all subjects of law in the life of the nation and state. In the legal culture of society can also be seen if our society is in serious legal conscience, the law has applied a rule of common life and the basis for any problems resulting from the risk of living together to solve. However, looking at the material, is difficult to develop a culture of right to build there.

Real awareness of the law alone is not enough to build the legal culture in this country, because the legal conscience of the community is always an abstraction, not really a form of behavior, even if our society is indeed instinctively or rationally recognizes the need for obedience and respect for the law. Therefore, although we are aware of the laws of the country, our society is not necessarily in accordance with the law. Obey the law may be important in building the legal culture in this country, and if it is indeed legal requirements?.

Authors should keep in mind that law enforcement is essentially a community or an organization whose loyalty was loyalty to the law is reflected in the shape of a real law-abiding behavior. Against the tide in a lawless society, because society is confronted with two cases in which the fidelity between conflicting loyalties to loyalty to another. So people are faced with fidelity to the law or comply with the "personal interests" that conflict with the law, such as trafficking, corruption, acts of anarchism, and so on. Besides, people dare not be law abiding interest in people, because the law is no longer the authority in law for their personal interests are no longer good law. So in this case, loyalty to their own interest, at the foot of a human being or decline, because our society does not comply with the law.

If the duty of loyalty can not be invoked to enforce the new law, the state or the government will not build and public fear as a factor that makes people obey the law. If we have always made the country the law, any person subject to the law. The law can not be applied in a discriminatory manner, not on the side of everything and everyone, except for truth and justice itself. Here is the righteousness of the law. But if justice is discriminatory, may be invoked as a means of fighting for justice and right, then it should not be blamed if people fight for their rights through the law of the jungle or physical violence. Therefore, the legal authority to enforce the law, so that people can be in the form of obedience to the law itself. Therefore, the need to build a culture of law is a matter of principle in the law, the law must be able to change society for the better, more organized you can rely on the defense of rights and justice, more able to create a sense of security. I wish ..!.
Reade more >>

Sabtu, 19 November 2011

Negligence Health Law

The allegations of irregularities are not really intended only for people who work in the health sector, there is a doctor, but may be due to lack professionalism, if groups of journalists, lawyers, paranormal, and other groups. The understanding of these bad practices are among those who work as health professionals, including physicians.

Excessive restrictions on malpractice in the general sense of health personnel, workers in the health of someone in the provision of professional responsibilities to patients and carried out of the profession in general stardard caused disability and death. However, the formulation of professional standards that will be the norm, particularly for health professionals (doctors) do not explicitly required by law.

Regarding the size of the standard, we have professional legal advice of doctors, Professor Van der Mr.WB be mine, who said that a health care professional must adhere to the 3 (three) general measures, namely: 1. Authority, 2. The average power, and 3. The overall accuracy, ie a health system must be legally authorized to perform the work (from right to left), a license for practicing physicians and other health professionals, a company or other authorized health care providers such as hospitals or clinics.

The following health care worker measures the average capacity should be determined on the basis of experience working in environments that support their work, then health should be careful to work with precision the size varies. But how difficult is it for a rating scale (scale) the standards of health care workers, the law requires people who work as caregivers should meet professional standards and respect the rights of patients (see:. Article 53 , paragraph 2 of Law 23 of 1992 on Health). And everyone is entitled to compensation for damages resulting from errors or omissions on the part of health workers. (See Article 55, paragraph 1 of Law 23 of 1992).

And the health of employees who make mistakes or negligence in the exercise of their profession may be subject to disciplinary action by the Board of Discipline of Health (empty .. Article 54, paragraphs 1 and 2 of Law No 1992 23 years Jo health PP No. 32 of 1996 on Health). Disciplinary Board of Health (MDTK) with right and authority to investigate the presence or absence of fault or negligence of the rules of the profession conducted by the health of patients, presumably. (See Article 5 of Presidential Decree 56 of 1995 MDTK RI).

In short, if a health professional is a doctor, nurse, pharmacy, nutrition staff and other personnel not only be charged and prosecuted by guilt, but the medical staff may also be sued based on breach rights patients presenting in the presence of a therapeutic contract between healthcare for patients include: 1. The right to information about the disease, 2. The right to consent to an unconscious patient infotmed, 3. The right to be kept secret about the disease, 4. The right to good medical ikhtikad, and 5. The right to adequate medical care, as well as possible. Patients' rights are the key here is the law of the relevant information of which usually contains about patients: diagnosis, treatment with the possibility of alternative therapy, about how physicians experience and risk the possibility of pain or other feelings that lead to medical, therapeutic and prognostic.

Caregivers can be prosecuted under Article 1365 of Civil Code Jo. Article 55 of Law 23 of 1992 and may be convicted under section 359, 360 and 361 of the Penal Code, Article 80, 81, 82, 23 of Law No. 1992 and other penal provisions. In addition to the rights of patients, we must also point out a little 'more about the rights of health personnel especially doctors. With regard to the rights of doctors can be stated as follows: The right to work according to the standards of the medical profession, the right to refuse medical procedures that can not be responsible for their professional practice, in accordance with the law of conscience the poor , the right to refuse to terminate the relationship with the patient, if the judge to conduct cooperation with the patient no longer has the right to privacy of a doctor, the right of both the patient application of a therapeutic (healing), the entitled to compensation, the right to defend itself and the right to select patients, but this is not absolute ikhtikat. So here, we can conclude that the abuse is closely related to the violation of the rules of the medical profession, the medical act of infringement and violations will be prosecuted for criminal penalties and administrative practices of the revocation of the license is given.
Reade more >>

Rabu, 02 November 2011

Corruption, Democracy and Development

Countries with political instability processes, systems of government are not well developed, and that the poor are open to opportunists who promise resources or infrastructure construction in haste abuse, but not to compete openly in a democratic way, these promises and hope of a better future, but his way of doing business is bad country of political corruption.

For our country, even in the early legislation eliminating 3 of the Corruption Act, 1971 Jo. Law No. 31 of 1999 Jo. Act No. 20 of 2001, taking into account the bill had argued that "because of the corruption that took place during the financial loss that the State or the country's economy, including growth and sustainability of national development menghabat, and high efficiency requirements. "but the fact that corruption is endemic to national development worldwide and interrupted. Regional autonomy in Indonesia since the conduction system of corruption in government is at the center to the regions that the correct amount is much higher at the central level.

Corruption is a social evil (extra ordinary crime) to be eradicated through a process of judicial corruption. To be effective, anti-corruption efforts are not enough to make legislation at both national and international, but first you must set the people to eradicate corruption in itself, without building the human resources that will be impossible to eradicate corruption can not be reduced very eradicate corruption .. In the theory of corruption can occur due to two (2) factors occur simultaneously, ie, the factor "risk" factors "stimulus", where it remains the case factor associated with weak systems surveillance, which are always stimulating factor associated with mental and moral attitude of the poorest human resources.

In a word occurs in a system of hard work and good quality management and staff have a good mentality. But if the act of corruption has become a culture in this country, while the cultural values ​​that tend to be eternal, then it is certainly difficult to eradicate corruption, despite the legislation on combating corruption is so complete but corruption remains current. Starting today, we are so busy fighting crime and combating corruption in the Suharto era, regardless of the interests of the appearance of the utmost importance, so the bias is politically and economically, is very harmful to our national development where corruption is Soehato the time between political elites and economic elites are well equipped to advance corrupt activities safely out of the country, so the fight requires a lot of energy and a very long long.

Our priorities in the fight against corruption, not realizing that he was careless and forget to address the serious problems of building a nation that was so chaotic in the midst of the misery experienced by the majority of Indonesia. In the interest of people like it or not go back and look at the current policy. Start with a vendetta between the political elite and reformers in this country without mutual accusations of corruption, because there is no ivory that is not broke, like most politicians in this country diperturutkan can be a prison.

Then used for political stability, economic stability and security in the country to create. Wake up to secondary education and moral development of nationalism, the struggle against corruption, the point to the current period of reform by the same need to be controlled and monitored the current government's reign of Suharto corruption pemeritahan needed political solution that would be interested in taking the business overseas in the form of investment, or building a company in Indonesia that can provide jobs for many people. The work in national development are neglected, which began with the operation of the National Development Planning (BAPENAS) for national development with the creation of the Five Year Plan (Repelita) to make, so that development can be controlled by the people in general and the extent to which a period of not more powerful permbangunan government action against his people, because people need today most frankly there is not enough food, clothing and shelter, but also a sense of security stress in daily life and not just political promises in the midst of the confusion and uncertainty of the future!.
Reade more >>