Civil Law Perspective Research Articles

Doctor's Civil Responsibility in Medical Malpractice in Indonesia

In the perspective of civil law, medical malpractice is an unlawful act (onrechtmatige daad) in accordance with the provisions of the Civil Code (Burgerlijk Wetboek). This study aims to analyze the civil liability of a doctor in medical malpractice in Indonesia. This type of research is legalistic, doctrinal or normative. Based on the results of the study, a lawsuit against the law in medical malpractice is regulated in Article 1365 Burgerlijk Wetboek (BW) with elements such as the patient having to suffer losses, mistakes or negligence (other than private persons, hospitals). may also be liable for errors or omissions). negligence of employees), there is a causal relationship between loss and error, the act violates the law. In addition, the form of the doctor's liability in acts against the law of medical malpractice based on Article 1365 BW can be in the form of material and immaterial compensation to patients.

Design Risk in Construction Contracts: The FIDIC Contracts and Civil law perspective

Design Risk in Construction Contracts: The FIDIC Contracts and Civil law perspective

THE DOCTRINE OF PATIENT’S INFORMED CONSENT IN THE LEGISLATION AND JURISPRUDENCE OF CZECH REPUBLIC, AUSTRIA AND THE LATVIAN REPUBLIC

The article represents the history, emergence and the contemporary state of development of the legal doctrine of the patient’s informed consent to medical interventions in Czech Republic, Austria and the Latvian Republic. The authors focus on the vaults of the doctrine of the doctor’s obligation to abstain from conducting any medical interventions without the consent, or against the will of the patient, since the expression of the patient’s will is the central element of his right to self-determination. In order to discover the main features of informed consent in the civil law perspective, the authors discuss the historical and current legal developments of the legal institute of patient’s informed consent. The authors conclude that the formation of the institute owes to the right to body integrity and limitation of the exercise of medical profession by practitioners, and that the civil law doctrine of informed consent differs from Anglo-American tort law, relying on statutory-based civil liability for negligence, as well as minor penal liability for battery, an occasional interpretation of unauthorized medical intervention. The authors emphasize, that the existing bodies of Austrian, Czech and Latvian case law relating to informed consent, which span for over a century, are sufficient to become a branch of Continental medical malpractice case law alongside with aged and well-developed French or Belgian medical jurisprudence, whereas the Latvian medical jurisprudence, despite having a rich history of emergence since the 1920s, has developed a solid body of case law in regard with patient’s rights relatively recently.

Legal Liability of Artificial Intelligence in Perspective of Civil Law in Indonesia

The purpose of this research is to define what is the accountability of Artificial intellegence in Indonesia. The method that we use is library research with statute approach and conseptual approach. Results of this research is in this context AI is a legal subject in the supervision and ownership of AI owners or AI users which are then used for certain interests and purposes for others. As an artificial legal subject that has an autonomous nature if AI performs actions that cause harm to other people or acts beyond expectations, the AI owner can be held civilly responsible. Consider it as a physical object. The legal implication is that everything you do is a violation of the law. The owner of artificial intelligence is responsible for any damage created by artificial intelligence. In there is also a middle ground, which is viewing.

The Cancellation of Grants in The Perspective of Civil Law and Islamic Law

From birth, there is no human being in this world who can live alone without another human being. This is because humans are social beings. In life with human beings must be mutual helping. Forms help please this is diverse that there is a form of Services, Sale, Buy, Gift and so forth and one form of help please that there is a form of Grant. Indeed, all humans will die. This event will lead to inheritance in a civil law. Usually heirs while still alive give grants or donations either to his heirs or to others. And usually the grant is not known by the heirs, which then raises the issue of the heritage property. Thus came the issues and also the questions about how the civil law regulates the grant in the Civil Code. So in this paper will explain what grants and grant cancellation and examples of cases that occurred in Indonesia related to the problem of grants.

“Fake News” in Serbia: Civil Law Perspective

Misinformation concerning politics, economics, health, and other society’s spheres is probably as old as society itself. In the era preceding the media and the Internet in particular, this problem was in focus within the small groups. Nowadays, when global network communication intensifies the exchange of information, making it easier and faster, the exponential increase in fake news shows its potential to harm or at least endanger fundamental human rights. The phenomenon of fake news is brought to a new level worldwide. As such, it has been a subject of various research areas. Speaking at the basic level of the legal approach to the phenomenon, fake news as such is nothing more than speech. In this respect, there is no means to forbid fake news just because it consists of false or incomplete information. However, when the consequences of producing and spreading such information jeopardize or harm the public or someone’s right or interest, the “ fake news” stops being just a social problem and it opens the door of law. In that sense, the approach to this phenomenon in the Serbian legal system will be analyzed in this section, in particular civil law aspects. When the right is harmed, the right holder is entitled to claim action, which leads to repairing consequences. In that sense, several claims are frequently used in civil procedures: demand to determine the infringement, demand to cease the infringement of the right, demand to remove the consequences of the infringement, compensation for damage caused by infringement, and demand to publish judicial decisions. Based on the Serbian case law, the more frequently invoked claim against fake news creators is the claim for monetary damages. Aside from this analysis, there will be satirical content, parody, and similar legally protected ‘ false’ speech.

Moral Diversity in Corporate Lawyering? The Need for a Civil Law Perspective

Moral Diversity in Corporate Lawyering? The Need for a Civil Law Perspective

Studi Komparasi Jaminan Barang Bergerak Dan Tidak Bergerak Dalam Gadai Perspektif Hukum Islam Dan Hukum Perdata

This paper is the result of a comparative study to answer the following problem formulations: First, how is the concept of guaranteeing movable and immovable property in pawning the perspective of Islamic law and civil law. Second, how are the similarities and differences in the concept of movable and immovable property guarantees in the perspective of Islamic law and civil law pawning.
 The type of research used is library. The research data was collected through the documentary method, namely by reading, recording, and collecting documents from several legal documents as well as the opinions of scholars and civil law experts that had been recorded relating to pawning law, especially to the object of pawn guarantees, which were then collected from the data. will be discussed and carried out comparative and qualitative analysis. These two methods are used to find conclusions from the similarities and differences between the two laws.
 The results of this study conclude that, the similarities between Islamic law and civil law are in a generality of the permissibility of pawn contracts and the terms of collateral. While the difference between the two laws lies in the object of the pledged collateral. In Islam, all goods, both movable and immovable, are included as collateral for pledges. Whereas in civil law, collateral for pledged goods is only limited to movable goods that can be used as collateral for pledges, in the case of immovable property it is called a mortgage, and immovable property, especially land, in civil law is called mortgage.

Implementation of Children's Rights Execution In The Perspective of Civil And Islamic Law

Divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. In Indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. However, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of Islamic law, the Marriage Law, the Child Protection Law, and the regulation of the execution process of decisions. in Herziene Inlandsch Reglement (HIR). The legal research method used is Normative Law with a statutory approach or called the statute approach. This paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. The purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts.

Prosecutors’ Habituation of Emotion Management in Swedish Courts

The article examines the professional emotion management underlying prosecutors’ work in court. Building on interviews and observations of forty-one prosecutors at five offices in Sweden, and drawing on sociological theories of emotion habituation, we analyze the emotion management necessary to perform frontstage (in court) professionalism as a prosecutor. We divide our analysis into three key dimensions of habituation: the feeling rules of confidence and mastering anxiety associated with an independent performance; the feeling rules of emotional distance and a balanced display associated with performing the objective party; and the playful and strategic improvisation of feeling rules associated with relaxed emotional presence. The routinization of feeling rules and the gradual backgrounding of related emotion management leads to habituation. Our findings enhance understanding of emotion management skills as part of tacit knowledge conveyed in the legal professions where emotion-talk and emotional reflexivity are little acknowledged. The article also contributes to the largely US-dominated previous research by adding a civil law perspective on prosecutorial emotion management.

Polemics on Interfaith Marriage: Law and Civil Law Perspectives

Marriage is seen as a bridge to a long journey that has shared visions and missions. We can not recklessly hold a wedding. There are a few things to be considered. Umumnya adalah budaya dan agama yang menjadi sorot utama ketika pemuda pemudi atau calon mempelai pria dan wanita akan melangsungkan pernikahan. Budaya merupakan hal yang juga akan dibawa ketika acara pernikahan akan dilangsungkan. Generally, culture and religion become the highlight once man and woman or prospective brides and grooms plan to get married. Culture is presented on the wedding day. However, a different culture is not allowed or prohibited. This also applies to religion. It becomes an important matter to consider before marriage. Marriage must be carried out according to each partner's religion. Thus, it is considered valid. In general, marriages are held in the same religion. However, this study will discuss massive interfaith marriages done by young people in Indonesia. The study employed a literature approach. This approach requires more reading and collecting library data. The findings generated new ideas in civil matters, the registration of interfaith marriages and the challenges of holding such marriage. In conclusion, interfaith marriages bring countless problems if they insist.

The governing law in global FRAND patent licencing disputes: a civil law perspective on the UK Supreme Court’s Huawei v Unwired Planet judgment

The governing law in global FRAND patent licencing disputes: a civil law perspective on the UK Supreme Court’s Huawei v Unwired Planet judgment

Batal Demi Hukum: Poligami Tanpa Persetujuan Isteri: Studi Kasus POLDA Provinsi Maluku Utara

Marriage Law in Indonesia adheres to the principle of Monogamy. That is, a husband can only have a wife. But in the applicable law, polygamy is possible on several conditions including a wife's license and authorized by the court. In practice, many polygamy practices carried out without the wife's knowledge are even done "sirri" or nikah under the hands. This research aims to analyze the practice of polygamy without the consent of one party in the perspective of civil law and Islamic law in the city of Ternate, how the legal settlement of marriage cases without the consent of one party in the North Maluku police and the religious court of Ternate city, the purpose of the study to analyze marriage (Polygamy) without the consent of either party in the perspective of Civil Law and Islamic Law. This research uses a type of skinative research with an analytical descriptive model which is then combined with normative studies. The study found that marriages (polygamy) performed without the first wife's knowledge were said to be null and void because they did not meet the elements set by law and courts.

Fraud in the comperative perspective of civil and criminal law with special focus in Kosovo

The object of this study is fraud in the comparative aspect of civil and criminal law based on the relevant legislation and Kosovo legal theory. The results of this study prove that fraud in the Kosovo courts practice is relatively common, and that there are many irregularities in its handling. Irregularities mostly refer to the lack of clarity matter of differences that this harmful phenomenon contains in itself when handled in the civil legal aspect from the treatment given to it in the criminal legal aspect. These uncertainties have influenced that in each concrete case the phenomenon of fraud in Kosovo is first addressed in the criminal aspect and then eventually in the civil aspect. The study highlights the similarities, differences and existing ambiguities of fraud when handled in the civil legal aspect from the treatment given to it in the criminal legal context, as well as it addresses the appropriate ways of clarifying such situation. The contribution of this study is theoretical and practical, bearing in mind the fact that it deals with an almost unaddressed issue in Kosovo and perhaps in many other countries.

Civil Lawsuit Cases of Forest and Land Fires PT Kalista Alam (Study of Meulaboh District Court Decision Number 12/PDT.G/2012/PN.MBO)

Cases of forest fires in Indonesia are sometimes caused by human activities. Land clearing is often a reason to let up a lawsuit. The Ministry of Environment and Forestry (KLHK) has made every effort as a form of anticipation and to overcome cases of forest and land fires (karhutla) in Indonesia. One of the countermeasures is the filing of a civil lawsuit to the perpetrators of the karhutla. PT Kalista Alam as an example of various palm oil companies that are the target of civil lawsuits by the Ministry of Environment and Forestry over forest fires. The lawsuit is based on how much of an impact it has on various aspects, both from legal, environmental, and materiil aspects. This research uses quantitative research methods that are with a systematic normative juridical legal approach. There will be further explanations about the unlawful actions of forest and land fires committed by PT Kalista Alam in Aceh based on the perspective of civil law.

Child protection from the civil law perspective – selected issues

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis.
 The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

The Internet of Things: Trends and Development Prospects

This article looks at the trends and development prospects of the Internet of Things. The Internet of Things is viewed as a strategic factor in economic growth that leads to the emergence of new business segments, changes in the existing business models, the structure of industry markets, economy, and society in general, and evolution of the legal matter. The newly developed socio-economic relations are transforming into legal relations. Smart contracts suggest looking at the classical legal doctrine of contractual law from a different angle. The objective of the research is to examine the specific features and development prospects of the Internet of Things, analyze the existing frameworks of its legal coverage, their advantages and disadvantages, and suggest optimal conditions for the regulation of the Internet of Things. In the course of the creation of this article, the following methods are used: methods of gathering and studying individual facts; the generalization method; the method of scientific abstraction; the method of pattern recognition; methodological objectivity, specificity, and pluralism. According to the conclusion made in this article, the Internet of Things represents a network of identified objects that interact with each other and with the external environment via the Internet and embedded systems without human involvement. The usage of the Internet of Things in the context of big data leads to information legal relations when information can serve as an object of economic turnover. At the same time, from the perspective of civil law, exchange of information is viewed as rendering service or relations connected with results of intellectual activity, including databases and know-how. However, these concepts do not apply to the sphere of the Internet of Things. Thus, it is necessary to develop an approach that would make provisions for a legal framework allowing defining information as a subject of civil transactions.

Controversies and Challenges of Mass Vaccination against SARS-CoV-2 in Italy: Medico-Legal Perspectives and Considerations.

The worldwide spread of SARS-CoV-2 and the pandemic has resulted in a serious global crisis in the health, social and economic spheres. After an initial period of enthusiasm related to the efficacy of vaccines, in many European countries, a growing distrust in the population has matured, due to the reporting of severe adverse effects. Throughout the world, some cases of adverse events after the administration of the vaccine have been reported. In this communication, we want to discuss all the medico-legal aspects related to the global vaccination companion in terms of medical professional responsibility, informed consent and vaccination obligation, with particular attention to the Italian situation. Health professionals are tasked with promoting confidence in vaccination for the general population. Complete and detailed information and reliance on scientific research is essential to understand the great importance of the vaccination campaign. From a criminal point of view, we must avoid blaming health professionals in the case of side effects. At the same time, we must protect the population, ensuring compliance with the indications, guidelines, and an adequate method of administration. On the other hand, from a civil law perspective, it is correct to ensure full protection of those rare cases in which the administration of the vaccine is related to adverse events. Without a broad and global vaccination campaign, it will be impossible to overcome COVID-19.

The concept of smart contract from a civil law perspective: An analytical study: مفهوم العقد الذكي من منظور القانون المدني: دراسة تحليلية

Contract law is the most developed area to confront modern technologies, including smart contracts, which may raise some legal problems when applied in practice due to the automatic implementation mechanism. Therefore, the research aimed at presenting the concept of a smart contract and its origin, and identifying its legal characteristics and nature, along with an indication of the problems that it could raise. We have concluded with a set of results, including: There is no unified definition of a smart contract that has the feature of automatic implementation of the terms agreed upon by the parties through computer programs. Hence, it is not possible to amend the contract in case of emergency circumstances or to cancel it in case of force majeure. Moreover, it is difficult to determine the necessary eligibility of the contracting parties, in addition to the difficulty of interpreting the smart contract due to its writing in a programming language that the judges and lawyers cannot understand which leads the courts to seek the assistance of experts to interpret it. That is why we recommended the necessity of developing unified legislation to regulate the smart contract, and establishing centers for training judges to enable them to understand the language in which this contract is written to interpret it in the event of a dispute between its parties. In addition to modifying the block chain platform to make the smart contract flexible and subject to change similar to traditional contracts.

THE CONCEPT OF POWER OVER MOVEABLE PROPERTY (BEZIT) IN CIVIL AND CRIMINAL LAW PERSPECTIVE

The issue of the position of power over movable property often raises the question of whether the party in control is the owner. This is very important in the realm of law, especially if an object that is controlled by one party will be made the object of a transaction with another person. Therefore, it is necessary to carry out further legal identification and analysis related to the concept of the position of control of the movable property, both in the perspective of civil law and criminal law so that in the end it can find differences and similarities in the concept of the position of control of the movable property so that it can create legal certainty and protection for the public. parties involved in an engagement or legal relationship. Therefore, the implementation of control of objects in civil law cannot be separated from the provisions in criminal law which ultimately require pawnshops to apply the principle of prudence in control of objects.