Law and Democracy Insight

Constitutional Efforts in Resolving Disputes Regional Elections in Indonesia

The pattern of regional head election dispute resolution still adheres to a centralized system, which is carried out by institutions at the central level, despite the fact that regional head elections are a regional government matter rather than a central government issue. This study aims to outline the urgency and challenges of decentralizing the settlement of election disputes. At the same time, it offers an ideal design for election dispute resolution based on a decentralized model, addressing aspects such as relief, competence, and procedural law. This research employs a normative approach, utilizing statutory provisions, concepts, and case studies. The centralization of electoral dispute resolution has implications for regime misalignment, leading to a corrupt judicial process and requiring high accommodation costs. The antithesis to the centralized model of dispute resolution is decentralization, which entails adjudicating electoral disputes at the regional level, corresponding to the location where the election takes place. This alignment ensures consistency between the dispute resolution regime and the electoral regime. The decentralization model begins with establishing judicial institutions at the regional level, defining both absolute and relative competence, and outlining procedural law. Key elements of this model include subjectum litis, objectum litis, and decision-making processes.

Legal Basis for the Implementation of Abortion In Indonesia Post the Issue of Law No.1 of 2023 and Law No. 17 Year 2023

The implementation of abortion is a complex and sensitive issue, especially in the legal and health contexts in Indonesia. This research discusses the legal basis for the implementation of abortion following the issuance of Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health. Abortion, known in Latin as Abortus Provocatus, is the deliberate termination of pregnancy, whether by one's own intention or by others. Abortion is often associated with issues of promiscuity, technological influences, and societal norms and morals. In Indonesia, abortion was previously regulated by the Criminal Code before being revised by Law No. 1 of 2023. This change aims to improve the effectiveness of law enforcement and justice, in line with the developments in time and social and technological challenges. The implementation of abortion is also regulated through Law No. 17 of 2023. The concept of omnibus law is used to address regulatory overlaps in the health sector. However, the main challenge in implementing these two laws is legal awareness among the public and ensuring safe abortion practices in accordance with regulations. Legal awareness and training for medical personnel are needed to ensure smooth abortion services and minimize risks for women in need of these services. The conclusion of this article highlights that abortion in the latest legislation cannot be fully implemented due to the lack of appropriate systems in its execution, resulting in the continued use of previous laws when abortion occurs.

Legal Construction of Hospital Responsibility Due to Health Workers' Negligence Causing Babies to Be Swaped

The negligence of a nurse's actions resulting in the swapping of babies' identities constitutes a matter of legal liability. The hospital's responsibility in resolving cases of swapped babies under the Health Law is fully applicable if the negligence of hospital resources causes harm, regardless of whether the service in question is medical or non-medical. The determining factor for liability is the act of negligence itself. This study is normative legal research with a statutory and conceptual approach. In cases of swapped babies, the element of negligence must be proven. However, the lack of clarity in Article 193 of the Health Law opens the interpretation that liability may not only be civil but also criminal. Hospitals can be categorized as tripartite corporate entities because of the employment relationship between hospitals and healthcare professionals, wherein healthcare professionals act individually or collectively on behalf of the hospital as a corporation. In imposing criminal penalties on hospitals as corporations, judges may consider factors such as whether the corporation benefited from the act, whether the corporation allowed the act to occur, whether preventive measures and mitigation of broader impacts were taken, and whether the corporation complied with the law. Conclusion: There is a need for legal certainty regarding the form of hospital liability, whether it is only civil or also criminal. If hospital liability is directed towards criminal accountability, clear provisions regarding the enforcement mechanisms must be established.