Muh E N D R I Y O Susila | Universitas Muhammadiyah Yogyakarta (original) (raw)

Papers by Muh E N D R I Y O Susila

Audito Comparative Law Journal, 2022

Code, it only prohibits homosexual acts between an adult and a child of the same sex. In other wo... more Code, it only prohibits homosexual acts between an adult and a child of the same sex. In other words, the actions of two or more adult men cannot be prosecuted by criminal law, and the perpetrators cannot be punished, including if the "victims" are adults while the perpetrators are still children. Then in the 2023 Criminal Code, same-sex fornication requires it to be carried out publicly or published as pornographic content or by force. On the contrary, homosexual behavior (between 2 adults) without coercion (with consensus between the two) is not seen as a crime.

Jurnal Negara Hukum, 2023

Media sosial yang pada awalnya diciptakan sebagai sarana komunikasi dan interaksi, dalam perkemba... more Media sosial yang pada awalnya diciptakan sebagai sarana komunikasi dan interaksi, dalam perkembangannya telah dimanfaatkan pula sebagai media transaksi maupun sarana berekspresi. Pengguna media sosial berasal dari berbagai kalangan, termasuk mereka yang bekerja di bidang pelayanan kesehatan. Penggunaan media sosial sebagai sarana berekspresi oleh tenaga kesehatan berpotensi menimbulkan kerugian pada pihak pasien, khususnya terkait pelanggaran privasi. Beberapa tenaga kesehatan mendapatkan kecaman publik karena unggahannya di media sosial yang dianggap melanggar privasi pasien. Artikel ini membahas pentingnya perlindungan hukum privasi pasien terhadap penyalahgunaan media sosial oleh tenaga kesehatan di Indonesia. Artikel ini menggunakan metode penelitian hukum normatif dengan pendekatan undang-undang dan perbandingan. Penulis telah mengkaji peraturan perundang-undangan di bidang kesehatan dan peraturan lain yang relevan. Hasil penelitian menunjukkan bahwa peraturan perundang-undangan yang ada di Indonesia saat ini belum memberikan perlindungan hukum yang memadai kepada pasien dari potensi penyalahgunaan media sosial oleh tenaga kesehatan yang bersifat melanggar privasi. Penulis merekomendasikan perlunya dibuat ketentuan khusus untuk melindungi privasi pasien dari penyalahgunaan media sosial oleh tenaga kesehatan, baik dengan cara menyusun peraturan baru atau mengamendemen peraturan yang telah ada, baik peraturan hukum maupun kode etik.

Unnes Law Journal, 2023

The Unnes Law Journal has taken a broad and visionary approach to legal scholarship in Indonesia ... more The Unnes Law Journal has taken a broad and visionary approach to legal scholarship in Indonesia since its beginnings in 2012. The Unnes Law Journal has committed to become a law journal that foster a knowledge of law in empowering justice in Indonesia and global context. The Unnes Law Journal has since established itself as a leading journal for theoretical, interdisciplinary, comparative, and other conceptually oriented inquiries into law and law reform in Indonesia and global context, as well as comparative legal issues in Southeast Asia. The Journal regularly published articles related to Indonesian legal studies in various perspectives of legal philosophy, law and economics, legal history, criminology, justice and crime, gender and feminist analysis of law, law and literature, political aspects in law, and law and culture in contemporary global context. The Unnes Law Journal is currently one of the leading law journals in Indonesia. The Journal also received the reputable ranking for journal quality from the Ministry of Education, Research and Technology of Republic of Indonesia.

Padjadjaran Jurnal Ilmu Hukum, 2024

This study explores the policy and regulatory frameworks concerning cyber espionage within Indone... more This study explores the policy and regulatory frameworks concerning cyber espionage within Indonesia and Germany. Given the considerable threats cyber espionage poses to national security and economic interests, it is crucial for nations to formulate thorough strategies to mitigate such risks. Through a comparative analysis of Indonesia and Germany-two countries with distinct geopolitical stances and methodologies regarding cybersecurity and espionage-the research delves into the legal, political, and technological factors influencing their cyber espionage policies. The methodology includes a comprehensive review of legislative measures, governmental strategies, and the response of institutions to cyber espionage in both nations. The objective is to discern the similarities, differences, and effectiveness of the policies and regulations of these countries. This comparison sheds light on the adequacy of Indonesian legislation in combating cybercrime, especially cyber espionage. The study reveals that Indonesia's legal infrastructure for cybercrime is markedly underdeveloped compared to Germany's, where stringent and well-articulated regulations are in place, facilitating precise and efficient management of cyber issues. Thus, the study underscores an urgent need for Indonesia to reform its cybercrime laws, focusing on cyber espionage, among other cyber threats, while continuing to enhance the quality of its human resources.

Jurnal Pendidikan IPA, 2024

Coronavirus disease 2019(Covid-19) which is caused by the SARS-CoV-2 virus, has a major impact on... more Coronavirus disease 2019(Covid-19) which is caused by the SARS-CoV-2 virus, has a major impact on the high death rate. The positive confirmation rate is directly proportional to the Covid-19 death rate. The vaccination program is carried out to reduce the spread, reduce morbidity, mortality and achieve immunity from the SARS-CoV-2 virus. The aim of the research is to determine the effect of positive confirmation rates and vaccination rates on the Covid-19 death rate in Indonesia.The research is an observational study with a cross sectional approach.The population in this study were all patients with confirmed Covid-19. The samples were patients who were confirmed to have Covid-19 from February 2021 to March 2022. The analysis technique used was multiple linear regression. The research results show that the positive confirmation rate (p = 0.000) has a positive effect on the Covid-19 death rate, while the vaccination rate (p =0.278) and the second vaccination rate (p = 0.8619) had no effect on the Covid-19 death rate. It can be concluded that there is a positive and significant relationship between the number of positive confirmations and the Covid-19 death rate. The number of first and second vaccinations is not related to the Covid-19 death rate.

Lex Scientia Law Review, 2023

Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for ... more Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for this is that the mode is relatively easy to conceal. In this regard, criminal law plays a significant role in countering fraudulent practices. It serves as an initial warning to individuals who intend to engage in such behavior that they may face harsh penalties if they do so. The study aims to compare and analyze the Ponzi and pyramid schemes in the framework of criminal law enforcement. It also thoroughly investigates the criminal rules and their application to specific cases associated with Ponzi and pyramid schemes in Indonesia. This normative or doctrinal legal research employs statutory, conceptual, and case approach. The study reveals that there is some confusion in the community as well as the legal enforcement officers on the practice of Ponzi and pyramid schemes. As a result of this 308

Yuridika, 2023

Reproductive" cloning and "therapeutic"or "research" cloning are both deliberate attempts to crea... more Reproductive" cloning and "therapeutic"or "research" cloning are both deliberate attempts to create humans that are genetically identical. Human reproductive cloning in general is prohibited by a number of international and regional agreements, including the Charter of Fukushima, the Additional Protocol of the Council of Europe to the Convention on Human Rights and Biomedicine, the World Health Organization resolutions on the implications of cloning for human health, and the Universal Declaration on the Human Genome and Human Rights. However, there are some countries that want to explore therapeutic cloning and cannot, therefore, support a general ban on cloning. This paper aims to review the legal position of human cloning in the UK and France and further compares the issue between the two countries. the legal position of human cloning in the UK and France, it is clear that both countries were initially against the idea and concept of human cloning in general. Human cloning is a much-needed technology, especially in these modern times. Every day we encounter new diseases and illnesses, so human cloning is essential to help us be better prepared for the future.

Bina Mulia Hukum, 2022

As a form of assisted reproduction methods, surrogacy remains controversial today. The practice o... more As a form of assisted reproduction methods, surrogacy remains controversial today. The practice of using surrogates has been around for very long time and serves a wide variety of functions in countries all over the world. The purpose of this research is to ascertain whether or not surrogacy is permissible under the laws that have been enacted and are in effect in Indonesia to govern the processes involved in surrogacy. This research also intends to determine whether or not surrogacy is allowed in India and analyze the legislative framework of that country in comparison to that of Indonesia. The type of research is normative legal research which relies on secondary data, in the form of legal material especially primary and secondary legal materials. This normative legal research employs both statutory and comparative approaches. Comparison is made between Indonesia and India. It is found that India has legalized the practice of surrogacy since long time ago. In addition, surrogacy in India does not only serve the reproductive purpose but also commercial purpose. On the other side, although the practices of surrogacy are also found in Indonesia, however, it remains illegal so far in this country.

20 Jurnal Media Hukum Umy, 2002

Law supremacy enforcement discourses came up again at the same time the reform era did. People we... more Law supremacy enforcement discourses came up again at the same time the reform era did. People were sure that reform movement would be the gate for actualizing again the supremacy of law in Indonesia. However, they were disappointed with contradictive things that was not like had thought before. There are law harassements when the freedom is offered widely as the consequence of democratic process that is done either by public through eigenrechting (taking the law into their own hands) actions or by the law institution itself. First we were asked to understand all forms of public freedom expression, wich tended to break the law as enforcement, but after three years the question is "will we let this keep going on?" We need to strengthen our will to fix the supremacy of law in order that the peaceful and order life can be enjoyed by the people in this country. We have to do all efforts to actualize law supremacy enforcement in Indonesia. The renewal of law must be done besides other important efforts that are mending the law enforcement and building the public law awareness.

Jurnal Media Hukum, 2005

It is frequently claimed by Western scholars that the concept of sustainable development and some... more It is frequently claimed by Western scholars that the concept of sustainable development and some other concepts in environmental discourse, such as the concept of healthy environment, the concept of ecological balance, and the concept of intergenerational equity to be original from the West. However, as Moslem, we know that all those concepts were discussed in the Islamic teaching of environment. Islam is the religion of truth. Islam is a perfect religion whose teaching covers everything, including environment. Even the main function of the creation of man is to mana ge and to save the earth. Th e concept of vicegerency (khilafa) proves this preposition. The purpose of writing this paper is to discuss the Islamic perspective pertaining environment. It attempts to explore some issues relating to environment, especially pertaining to the right to healthy environment and sustainable development. Finally this paper will make a prudent attempt to discuss the truth that Islamic teaching of environment provides the moral basis to deal with the protection of the environment.

Jurnal Media Hukum, 2007

E-Health has become a life style in many countries. The emergence of E-Health was an unavoidable ... more E-Health has become a life style in many countries. The emergence of E-Health was an unavoidable consequence of the development of the information and communication technology in the world. It is undeniable that E-Health offers both quick and comfortable health service. It introduces a new form of relationship between healthcare provider and healthcare receiver. However, it also brings about bad impact, especially related to the patient's right of privacy. In order to protect the patient's right of privacy from any transgression, a specific regulation governing E-Health is needed. Such a regulation has been in existence in many countries including Malaysia. In Malaysia, the Government has enacted the Personal Data Protection Act 2005. The purpose of this paper is to explore the advantages of E-Health in serving the modern society and its negative impacts, pertaining to the issue of privacy. The discussion on privacy will be focused on the privacy of patients who enter into new form of relationship with healthcare provider through internet facility.

Jurnal Media Hukum, 2010

Nowadays, law has entered into any part of human life, including the world of medical profession.... more Nowadays, law has entered into any part of human life, including the world of medical profession. The practice of medicine is impossible to be far away from the influence of law. One of the influences of the law in medical profession is the requirement of informed consent before the doctor takes any medical treatment. Informed consent which was in the past considered as an ethical obligation, it now has become a legal obligation. Informed consent is a technical term in medical profession used to call consent to treatment given by the patient after receiving adequate information from the doctor.

Jurnal Media Hukum, 2011

The presence of the Consumer Protection Act 1999 (Undang-undang Nomor 8 tahun 1999 tentang Perlin... more The presence of the Consumer Protection Act 1999 (Undang-undang Nomor 8 tahun 1999 tentang Perlindungan Konsumen) has changed the way the people look at the doctor-patient relationship. In the past, relationship between doctor and patient was only viewed as fiduciary relationship, but after the enactment of this Act some people look at it as a kind of commercial relationship. If patients were considered as consumers, any action causing damage upon the patients would subject to related legal provisions available in the Consumer Protection Act 1999. Even though claim for compensation can be carried out based on the mentioned Act however the tendency to refer to the Consumer Protection Act 1999 for settling medical negligence cases in Indonesia is still very low. It is interesting to know why the patients seem to be reluctant to employ that Act in pursuing damages. This paper will elaborate the effectiveness of the Consumer Protection Act 1999 in settling medical negligence cases in Indonesia.

Dunia Hukum, 2016

Ketiadaaan peraturan yang secara khusus mengatur isu malpraktek medik membuat mimpi buruk menjadi... more Ketiadaaan peraturan yang secara khusus mengatur isu malpraktek medik membuat mimpi buruk menjadi ancaman yang nyata bagi profesi medik di Indonesia, Dokter bisa terjerat dalam tuntutan pidana karena berbagai sebab termasuk dugaan malpraktek medik.Tidak ada yang mempersoalkan tuntutan pidana terhadap dokter dalam kasus aborsi ilegal atau perdagangan organ tubuh, tetapi tuntutan pidana terhadap dokter dalam kasus dugaan malpraktek medik telah menimbulkan kontroversi. Dalam kasus dokter Ayu, penjatuhan sanksi pidana oleh majelis hakim kasasi kepada ketiga terdakwa telah membangkitkan
gelombang protes dari kalangan dokter di seluruh Indonesia. Putusan Kasasi dalam kasus dokter Ayu telah memunculkan sikap skeptis dari kalangan profesi medik terhadap hukum dan proses penegakkannya. Aparat penegak hukum terkesan lebih condong pada pasisen daripada dokter dalam merespons kasus dugaan malpraktek medik. Perlindungan terhadap kepentingan pasien lebih diutamakan daripada menghargai itikad baik dokter untuk menolong pasien. Kondisi ini telah menciptakan ketakutan dan kekhawatiran di kalangan dokter akan risiko gugatan/tuntutan hukum. Di satu sisi ketakutan dan kekhawatiran di
kalangan dokter mendorong para dokter untuk bekerja lebih berhati-hati, namun disisi lain justru mendorong profesi dokter menerapkan apa yang disebut sebagai defensive medicine yang justru akan merugikan pasien dan masyarakat. Tulisan ini akan mengkaji implikasi tuntutan pidana terhdap dokter pada aspek sosial dan yuridis.

Prioris, 2015

This paper will elaborate the history and the development of the medical law especially in connec... more This paper will elaborate the history and the development of the medical law especially in connection with the issue of medical practice in Indonesia. A normative legal research has been conducted in finding out all necessary and relevant data (legal materials) to support the writing of this paper.

Law and Justice, 2021

Although medical malpractice is not really new phenomenon in Indonesia, nevertheless dealing with... more Although medical malpractice is not really new phenomenon in Indonesia, nevertheless dealing with medical malpractice cases is confusing to some extent. The absence of statutory definition of medical malpractice lead to confusion on how to handle it. This paper aims at elaborating the concept of medical malpractice and its liability. In addition, misconception on medical malpractice liability will also be evaluated. This normative legal research relies on secondary data and employes both statutory and comparative approaches. It is found that there has been misconception on medical malpractice in Indonesia. The misconception takes place not only to the lay persons, but also among academician and law enforcement agencies. This misconception lead to confusion on how to establish medical malpractice liability.

Yuridika, 2021

A system that serves the liability and settlement of medical malpractice disputes or commonly ref... more A system that serves the liability and settlement of medical malpractice disputes or commonly referred to as medical malpractice system has been established in many countries to respond the rise of medical malpractice claims against doctors. Medical malpractice system in the United States of America (the USA) has been relatively well developed as compared to other countries. Beside adopting pretrial screening process in medical malpractice litigation, various methods of alternative to litigation have been developed in the USA. This paper aims to explore the development of the medical malpractice system in the USA and to see the possibility for Indonesia to learn. This normative legal research relies on the secondary data especially which were collected from online sources. It is found that there are some initiatives in the USA that can be adopted by Indonesia for improving its medical malpractice system, especially the establishment of pretrial screening panel. It is expected that pretrial screening process can eliminate meritless claims which later may reduce unnecessary legal actions against doctors.

Medicine, Law and Society, 2021

Massive publicity on alleged medical malpractice cases has created hostile environment within the... more Massive publicity on alleged medical malpractice cases has created hostile environment within the health care setting in Indonesia. The unexpected practice of defensive medicine would be possible in response to the rise of medical malpractice litigation. Although it has many negative implications, litigating medical malpractice dispute is preferable for many injured patients. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. This paper aims at exploring the use of amicable settlement method for resolving medical malpractice disputes in Indonesia.

IIUM Law Journal, 2015

Criminal prosecution of doctors due to medical malpractice has created controversy in Indonesia. ... more Criminal prosecution of doctors due to medical malpractice has created controversy in Indonesia. The purpose of the research is to find out the impact of criminal prosecution of doctors in Indonesia, particularly those due to medical malpractice cases. The data were collected through both library-based study and field study in the form of interviews. It is found that criminal prosecution of doctors in the context of medical malpractice has brought about negative consequences such as the exploitation of doctors by law enforcement officers and the practice of defensive medicine. It is found that criminal prosecution of doctors due to medical malpractice should be limited in order to promote justice in the medical malpractice issue. The article concludes with some elaboration on the necessary reforms required in regard to the law relating to medical malpractice in Indonesia.

Medicine and Law Journal, 2017

The increase in medical malpractice claims has placed doctors and hospitals in a more vulnerable ... more The increase in medical malpractice claims has placed
doctors and hospitals in a more vulnerable position. This has stimulated
the rise of new orientation among doctors in Indonesia, especially
those working in hospitals. In performing medical treatment, doctors
have to pay attention not only to the safety of their patients, but also
to their own safety. Besides struggling to protect their patients from
any medical adverse event, at the same time they have also to think
about protecting themselves from any possible legal actions. Legal
protection has actually been guaranteed by the Medical Practice Act
2004 for doctors who carry out medical treatment in compliance
with the accepted standard. However, it fails to convince doctors
in Indonesia on their safety from the threat of medical malpractice
claims. Doctor safety should not only become the concern of the
doctors themselves, but also of the hospitals in which they operate. In
the current setting, the hospital’s management should align the issue of
patient safety with doctor safety. Failure to do so will alienate doctors
working in hospital which may translate into affecting the quality of
their professional services. This paper explores the efforts of hospitals
in Indonesia to address the issue of both patient and doctor safety.