scholarly journals Political Health Law in Indonesia in Baros District, Serang District

2020 ◽  
Vol 7 (9) ◽  
pp. 160
Author(s):  
Sulastri Sulastri ◽  
Yuliana Yuli W ◽  
Dwi Aryanti R ◽  
Satino Satino
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Health Law ◽  
Literature Study ◽  
National Interests ◽  
Strategic Role ◽  
The Government ◽  
The Right ◽  
Political Health ◽  
Health Laws

Everyone has a desire that he is always in a healthy condition and that public health must get legal guarantees and protection from the government. This is also damaging to the community in Baros Village, Baro District, Serang Regency. Health insurance and legal protection obtained by the community in the form of physical and spiritual welfare, shelter or a place to take refuge, a healthy environmental life and there is no discrimination in obtaining health care and obtaining legal protection for their health. As for the formulation of the problem in research on how to protect health laws in Baros Village. In this study, researchers used the literature study method and the type of dat used was secondary data. Law politics has a very strategic role. A political-law approach is needed so that the law that is enforced must always be based on national interests, then a political-law approach is needed. Likewise in matters of health, law politics is needed so that all people can obtain protection of the right to health which is a basic right of everyone.

scholarly journals Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Literature Study ◽  
Apprenticeship Program ◽  
Main Components ◽  
The Right ◽  
Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

scholarly journals Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia

2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Ahmad Mukri Aji
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Criminal Code ◽  
Social Dimension ◽  
Literature Study ◽  
The Social ◽  
The Government

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.

scholarly journals PEMBERIAN PATEN OBAT-OBATAN DAN PEMENUHAN HAK ASASI MANUSIA TERHADAP KESEHATAN DI INDONESIA

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 208-221
Author(s):  
Chandra Muliawan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Patent Law ◽  
Essential Medicines ◽  
High Price ◽  
Business Interests ◽  
The Government ◽  
The Right

Patent which one part of the IPR, are legal protection for inventor of an invention both process and product in the field of technology that can be applied in industry. Granting of patents in the pharmaceutical field impact on the high price of the medicines, it affects of public to access health right which a part of human rights. Based on it, the government should be protecting business interests (private) coincide with the protection, respect and fulfillment of the interests of public health (public health). The problem approach in this study normatively by using secondary data is used as supporting data. The requirements and procedure for patent applications are found in Article 24 paragraph (1) of the Patent Law including those granted based on the application. Procedures and descriptions of registered patents are also regulated as fulfilling prior priority rights for inventors who register their inventions. Priority rights also apply to foreigners who are members of the Paris Convention provided for in Article 1 number 12 of the Patent Law. Article 36 paragraphs (1) and (2) of the Health Law state that the Government has an obligation to guarantee the availability, equity and affordability of health supplies, especially essential medicines. Medicine is part of the needs of the wider community which is also an obligation of the Government to fulfill the right to health as part of human rights.

scholarly journals URGENSI PERLINDUNGAN HUKUM TERHADAP KONSUMEN MOTOCYCLE TAXI PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN DAN TEORI MASHLAHAH

JURISDICTIE ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 192
Author(s):  
Musa Taklima
Keyword(s):  
Public Transport ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Method ◽  
Literature Study ◽  
Community Needs ◽  
Secondary Data Sources ◽  
The Government ◽  
Motorcycle Taxi

<p>The research aims to find out Maslahah's review of people's transport activities by using a motorcycle (Ojek) and the urgency of legal protection for consumers of transportation by using a motorcycle (ojek). The research method used is normative juridical with a doctrinal approach that relies on secondary data sources consisting of primary, secondary and tertiary legal materials obtained through literature study, and analyzed using descriptive analysis method. The results of the study, first, Mashlahah's review of the Transportation of People by Motorcycle (Ojek) is a "mashlahah transportation solution" for the needs of the community to meet their transportation needs. Second, the Urgency of Legal Protection Against Consumers of Transportation of People with Motorcycle (Ojek) is no longer negotiable to be done by providing legal certainty of motorcycle taxi legality through revision of Law No. 22 of 2009. Recommendations from the results of this study are: first, the government needs to translate its obligations in providing public transport that can be accessed by all levels of society and also embody its obligations in providing legal protection for consumers, secondly, Law No. 22 of 2009 which is still relatively new is apparently unable to provide justice to ojek drivers who have contributed significantly to community needs for transportation, therefore Law No. 22 of 2009 needs to be revised and accommodate ojek as a public transport.</p><p> </p>Penelitian memiliki tujuan untuk mengetahui tinjauan Maslahah terhadap aktivitas angkutan orang dengan menggunakan sepeda motor (Ojek) dan urgensitas perlindungan hukum terhadap konsumen angkutan orang dengan menggunakan sepeda motor (ojek) tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan doktrinal yang bertumpu kepada sumber data sekunder  yang terdiri dari bahan hokum primer, sekunder dan tersier yang didapat melalui studi pustaka, dan dianalisis dengan menggunakan metode deskriptif analisis. Hasil penelitian, pertama, tinjauan Mashlahah terhadap Angkutan Orang dengan Sepeda Motor (Ojek) adalah “solusi angkutan yang mashlahah” bagi kebutuhan masyarakat untuk memenuhi kebutuhan transportasinya. Kedua, Urgensi Perlindungan Hukum Terhadap Konsumen Angkutan Orang dengan Sepeda Motor (Ojek) tidak bias ditawar lagi untuk dilakukan dengan cara memberikan kepastian hukum legalitas angkutan ojek melalui revisi Undang-Undang No. 22 Tahun 2009. Rekomendasi dari hasil penelitian ini adalah: pertama, pemerintah perlu menterjemahkan kewajibannya dalam menyediakan angkutan umum yang bisa diakses oleh seluruh lapisan masarakat dan juga mengejawantahkan kewajibanya dalam memberikan perlindungan hukum bagi konsumen, kedua, Undang-undang No. 22 Tahun 2009 yang masih tergolong baru ternyata tidak mampu memberikan keadilan kepada pengojek yang sudah berkontribusi signifikan bagi kebutuhan masyakat terhadap tranportasi, oleh karena itu Undang-undang No. 22 Tahun 2009 perlu direvisi dan mengakomodir angkutan ojek sebagai angkutan umum.

scholarly journals Criminal Liability For Placement Actors Illegal Female Labor

2021 ◽  
Vol 1 (12) ◽  
Author(s):  
Ibrahim Nainggolan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Protection ◽  
Secondary Data ◽  
Equal Rights ◽  
Private Companies ◽  
Library Research ◽  
The Government ◽  
The One ◽  
The Right

The distribution of Indonesian workers carried out by individuals, not by the government or by official private companies distributing Indonesian workers, still occurs. The placement of workers in Indonesia abroad needs to be carried out in an integrated manner between government agencies, both central and regional and the participation of the community in a adequate legal products to provide maximum protection. The state is obliged to guarantee and protect the human rights of its citizens who work both at home and abroad based on the principles of equal rights, democracy, justice, social, gender equality, and anti-discrimination. know the criminal responsibility for individual perpetrators who participate in the placement of illegal female workers to Malaysia. This research is a normative legal research taken from secondary data in the form of library research. Based on the results of the study, it is understood that legal arrangements regarding legal practice have not been able to explain the doctrine of participating in criminal acts. On the one hand, participating in doing so is equated with acts together so that it does not distinguish between participating in committing as a form of participation and criminal acts in general. The target of the placement of workers is directed at placing workers in the right positions according to their expertise, skills, talents, interests and abilities by taking into account the dignity, rights, and legal protection.

KAJIAN SUBSIDI DAN PENJAMINAN PEMERINTAH DALAM PROYEK PENYEDIAAN AIR MINUM BERDASARKAN PRINSIP SYARIAH

ALQALAM ◽  
2013 ◽  
Vol 30 (2) ◽  
pp. 350
Author(s):  
MUHAMMAD ZAINUL ABIDIN
Keyword(s):  
Central Government ◽  
Secondary Data ◽  
Study Data ◽  
Research Literature ◽  
Literature Study ◽  
Government Guarantee ◽  
The Government ◽  
Contract Implementation ◽  
The Right ◽  
Warranty Claims

This study aims to determine the possibility of granting of guarantees and interest subsidies by central government in· order to accelerate the provision of drinking water, as stated in the Presidential Regulation 29 of 2009, based on Islamic principles.             This research uses descriptive qualitative method. Collecting the data used in this study using the literature study. Data collected through the research literature related to the topic of study to obtain secondary data.             It was concluded that the government guarantee as stipulated in the Presidential Regulation 29 of 2009 can be implemented based on Islamic financing and using the kafalah and the qardh contracts. The Kafalah contract put. the Government as guarantor (kafil).The Qardh contract implementation would be used in the event of payment of guarantee claims. The Qardh put the Government as provider of funds for payment to Islamic banking. Upon payment of warranty claims, the Government may request repayment to PDAM and local government. The interest subsidy in the Presidential Regulation 29 of 2009 can be converted into margin subsidy using the Hawalah contract, the Government accept the transfer of liability to the bank On the basis of the realization of partial payment obligations through subsidy mechanism, the Governement waived the right to claim to PDAM. Keywords: Government Guarantee, Interest Subsidy, Islamic Financing; The Fast Track Program Of Water Supply

scholarly journals Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 393
Author(s):  
Hari Sutra Disemadi ◽  
Sahuri Lasmadi
Keyword(s):  
Natural Resources ◽  
Oil And Gas ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Sources ◽  
State Control ◽  
Production Sharing ◽  
The People ◽  
The Government ◽  
The Right

Indonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical methods that prioritize secondary data as the primary sources. This study shows the form of the legal protection of state assets related to oil and gas management including the government has the right of immunity, the existence of provisions regarding state revenue, state levies, and bonuses and the existence of provisions for contractors to distribute a portion of the production share. Thus, the government uses Production Sharing Contracts (PSC) to enter into oil and gas management agreements with contractors, specifically regarding upstream business activities. The Oil and Gas Law does not elaborate on the meaning of the PSC. Rather, it only states that the PSC is one form of the contracts. Keywords: Production Sharing Contract, State Control, Protection of Natural Resources.

scholarly journals Perlindungan Hukum atas Kerugian Nasabah Asuransi Terhadap Kasus Gagal Bayar Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 66
Author(s):  
Wafa Nurul Inayah ◽  
Marsitiningsih Marsitiningsih
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Insurance Company ◽  
Insurance Policy ◽  
Literature Study ◽  
Consumer Law ◽  
The Right

Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default

scholarly journals PENGELOLAAN LIMBAH MEDIS COVID 19 MELALUI KEARIFAN LOKAL

2021 ◽  
Vol 6 (2) ◽  
pp. 81-101
Author(s):  
Diah Pudjiastuti ◽  
Yuniar Rahmatiar ◽  
Deny Guntara
Keyword(s):  
Traditional Knowledge ◽  
Legal Protection ◽  
Secondary Data ◽  
Medical Waste ◽  
Literature Study ◽  
The Government

Tujuan penelitian ini adalah untuk mengetahui apa yang menjadi kendala pemerintahdalam pengelolaan limbah medis Covid-19 melalui kearifan local dan untuk mengetahuiupaya-upaya apa saja yang harus dilakukan oleh pemerintah dalam rangka pengelolaanlimbah medis Covid 19 melalui kaerifan local. metode studi literatur dengan menelaahsumber-sumber referensi sebagai data sekunder tentang kearifan local dalam pengelolaanlimbah medis Covid 19. Hasil penelitian menunjukan bahwa di lapanagan masih terdapatkendala dalam pengelolaan limbah medis COVID-19 melalui kearifan local. Berdasarkanhal tersebut maka harus ada upaya yang harus dilakukan oleh pemerintah dalam rangkapengelolaan limbah medis COVID-19 yaitu mengakomodirnya dalam peraturan daerah danmelakukan penyuluhan, serta adanya peran subervisi dalam meningkatkan peran sertamasyarakat dalam rangka pengelolaan limbah medis COVID-19 melalui kearifan lokal Kata Kunci : Limbah Medis, Covid 19, Kearifan Lokal The purpose of this study is to find out what are the government's obstacles in managingCovid-19 medical waste through local wisdom and to find out what ef orts the governmentmust make in the context of managing Covid-19 medical waste through local wisdom. method of literature study by examining reference sources as secondary data on localwisdom in the management of Covid 19 medical waste. The results show that in the fieldthere are still obstacles in the management of COVID-19 medical waste through localwisdom. Based on this, ef orts must be made by the government in the context of managingCOVID-19 medical waste, namely accommodating it in regional regulations andconducting counseling, as well as the role of supervision in increasing communityparticipation in the management of COVID-19 medical waste through localwisdom. Keywords: Legal protection; Traditional Knowledge; Copyrights

scholarly journals Kebebasan Berdagang Di Tengah PPKM Darurat Ditinjau Dari Sudut Pandang Sosiological Jurisprudence Dan Konsep Keadilan

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Sukendar Sukendar ◽  
Aris Prio Agus Santoso ◽  
Raden Ade Rifai ◽  
Risma Dewi Hermawan
Keyword(s):  
Data Collection ◽  
Small And Medium Enterprises ◽  
Secondary Data ◽  
Point Of View ◽  
Literature Study ◽  
Activity Restriction ◽  
Community Activities ◽  
Sociological Jurisprudence ◽  
The Government ◽  
The Right

The government has implemented a Policy for the Imposition of Restrictions on Emergency Community Activities that have an impact on the trade sector, one of which is micro, small and medium enterprises. These business actors, in addition to experiencing a decrease in turnover, also received criminal sanctions in the midst of the imposition of this emergency Community Activity Restriction by the local government. The formulation of the problem in this study is how freedom of trade in the midst of the Imposition of Restrictions on Emergency Community Activities is viewed from the point of view of sociological jurisprudence and justice. The approach method used in this study is a normative juridical approach, with secondary data collection. Data collection in this research is by literature study. The results obtained were analyzed qualitatively. From the results of the study, it shows that in sociological jurisprudence, trading in the midst of the Imposition of Restrictions on Emergency Community Activities is a community right that becomes a public reality that should still be monitored and controlled without imposing fines even though the Salus Populi Suprema Lex Esto principle is the basis for implementing these sanctions. However, at least the legal ideals must still be considered in order to change social values in the community. In the concept of justice, trading in the midst of the Imposition of Restrictions on Emergency Community Activities is the right of everyone to defend their life and life which has been formulated by law in the form of rights and obligations. This emphasizes that the Government must still pay attention to justice by considering economic and social factors, which of course must be relevant to public order where a scale of justice is recognized.

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