The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia

The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.

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MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽

10.31293/lg.v5i2.5115 ◽

2021 ◽

Vol 5 (2) ◽

pp. 104

Author(s):

Muhammad Rezky Rinaldy Dan Syamsudin

Keyword(s):

Law Enforcement ◽

Research Method ◽

Criminal Code ◽

The Body ◽

Legal Research ◽

Corona Virus ◽

The World ◽

Law Enforcement Officials ◽

The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

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Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi

Jurnal Preferensi Hukum ◽

10.22225/jph.2.1.3056.119-124 ◽

2021 ◽

Vol 2 (1) ◽

pp. 119-124

Author(s):

Ni Putu Gita Loka Chindiyana Dewi ◽

I Nyoman Sujana ◽

Luh Putu Suryani

Keyword(s):

Law Enforcement ◽

Research Method ◽

Legal Research ◽

Law Enforcement Agencies ◽

Implementation Approach ◽

The World ◽

The Government ◽

The Relationship ◽

Crime Of Corruption

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.

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Law Enforcement Obstacle Against Online Gambling at Lampung Regional Police

Ius Poenale ◽

10.25041/ip.v2i2.2232 ◽

2021 ◽

Vol 2 (2) ◽

pp. 123-136

Author(s):

Andri Wetson. R.

Keyword(s):

Information Technology ◽

Law Enforcement ◽

Research Method ◽

Criminal Code ◽

Online Gambling ◽

Easy Access ◽

Electronic Evidence ◽

Police Investigation ◽

The World ◽

The Government

Easy access to the world of information technology currently impacts the rise of cybercrime, including the crime of online gambling. Many efforts have been made by the government and law enforcers, including, in this case, the police, to prevent and take action against this online gambling crime, either block sites that are gambling arenas or improve the national security system to stop these gambling sites. This research aims to look at law enforcement against online gambling crimes in Bandar Lampung City and determine the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police. This research method uses a normative juridical approach. Based on the discussion and research results, law enforcement against online gambling crimes in Bandar Lampung City is carried out by applying the instrument of Article 303 of the Criminal Code rather than Article 27 Paragraph (2) Jo. Article 45 of the ITE Law. The research also shows the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police are: (1) Longer Detention Period for Online Gambling Crimes in the Criminal Code Instruments than the Gambling Control Act, (2) Lack of Investigators' Awareness in Information Technology, (3) Use of Electronic Evidence Requires Expert Information is inhibiting law enforcement against online gambling crimes in Bandar Lampung. Suggestions from the research are to conduct information technology guidance training to the Bandar Lampung Police Investigation and Criminal Unit.

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.2.2431.35-39 ◽

2020 ◽

Vol 1 (2) ◽

pp. 35-39

Author(s):

Efraim Mbomba Reda ◽

I Nyoman Putu Budiartha ◽

I Made Minggu Widyantara

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Role Models ◽

Research Method ◽

Criminal Code ◽

Legal Positivism ◽

Sociology Of Law ◽

Legal Certainty ◽

Legal Research ◽

Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

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PERAN OTORITAS JASA KEUANGAN TERHADAP PENGAWASAN LEMBAGA KEUANGAN DI INDONESIA

Jurnal Gagasan Hukum ◽

10.31849/jgh.v1i02.7698 ◽

2019 ◽

Vol 1 (02) ◽

pp. 177-188

Author(s):

Annisa Arifka Sari

Keyword(s):

Capital Market ◽

Financial Services ◽

Financial Service ◽

Legal Basis ◽

Legal Research ◽

Services Sector ◽

Financial Services Sector ◽

Stable Manner ◽

The Government

Penelitian ini bertujuan untuk menjelaskan peran Otoritas Jasa Keuangan sebagai lembaga independen dalam melakukan pengawasan terhadap lembaga jasa keuangan di Indonesia serta kewenangan Otoritas Jasa Keuangan yang diatur dalam Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Dari hasil penelitian dijelaskan bahwa Otoritas Jasa Keuangan adalah lembaga yang independen dan bebas dari campur tangan pihak lain, yang mempunyai fungsi, tugas, dan wewenang pengaturan, pengawasan, pemeriksaan, dan penyidikan terhadap lembaga jasa keuangan seperti perbankan. Dasar hukum dibentuknya Otoritas Jasa Keuangan adalah Undang-Undang Nomor 21 Tahun 2011. Secara kelembagaan, Otoritas Jasa Keuangan berada di luar pemerintah, yang dimaknai bahwa Otoritas Jasa Keuangan tidak menjadi bagian dari kekuasaan pemerintah. Otoritas Jasa Keuangan dibentuk dengan tujuan agar keseluruhan kegiatan di dalam sektor jasa keuangan terselenggara secara teratur, adil, transparan, dan akuntabel; mampu mewujudkan sistem keuangan yang tumbuh secara berkelanjutan dan stabil; serta mampu melindungi kepentingan konsumen dan masyarakat. Otoritas Jasa Keuangan bertugas tidak hanya mengatur dan mengawasi perbankan saja, tetapi juga mencakup pasar modal, perasuransian, dana pensiun, lembaga pembiayaan, serta lembaga jasa keuangan lainnya. THE ROLE OF FINANCIAL SERVICES AUTHORITY ON SUPERVISION OF FINANCIAL INSTITUTIONS IN INDONESIA This research aims to explain the role of the Financial Services Authority as an independent institution in supervising financial service institutions in Indonesia as well as the authority of the Financial Services Authority as regulated in Law Number 21 of 2011 concerning the Financial Services Authority. The method used in this research is normative legal research. From the research results, it is explained that the Financial Services Authority is an independent institution and free from interference from other parties, which has the function, task and authority to regulate, supervise, examine and investigate financial service institutions such as banks. The legal basis for the establishment of the Financial Services Authority is Law Number 21 of 2011. Institutionally, the Financial Services Authority is outside the government, which means that the Financial Services Authority is not part of the government's power. The Financial Services Authority was formed with the aim that all activities in the financial services sector are carried out in an orderly, fair, transparent and accountable manner; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society. The Financial Services Authority is tasked with not only regulating and supervising banking, but also covering the capital market, insurance, pension funds, financing institutions, and other financial service institutions.

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PEMBATALAN PERJANJIAN BANGUN GUNA SERAH (BUILD OPERATE TRANSFER/BOT) ANTARA PEMERINTAH DAERAH KOTA BOGOR DENGAN PIHAK SWASTA (PT PANCAKARYA GRAHATAMA INDONESIA) DITINJAU DARI SUDUT KITAB UNDANG-UNDANG HUKUM PERDATA

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2235 ◽

2018 ◽

Vol 1 (1) ◽

pp. 1638

Author(s):

Lorenzo Marco ◽

Gunawan Djajaputra

Keyword(s):

Research Method ◽

Field Data ◽

Central Government ◽

Municipal Government ◽

Criminal Code ◽

City Government ◽

Legal Research ◽

The Government ◽

The City ◽

Binding Agreement

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.

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Motor vehicle lease agreement with fiduciary warranty

E3S Web of Conferences ◽

10.1051/e3sconf/20185200003 ◽

2018 ◽

Vol 52 ◽

pp. 00003

Author(s):

Agustining ◽

Ningrum Natasya Sirait

Keyword(s):

Law Enforcement ◽

Financial Services ◽

Motor Vehicle ◽

Motor Vehicles ◽

Legal Basis ◽

Legal Research ◽

Legal Provisions ◽

Loan Financing ◽

Ministry Of Finance ◽

Lease Agreement

Purchasing motor vehicles with instalment (credit) is currently becoming favourite choice by many people including people who live in plantation and agriculture area. There are several reasons, such as easy pre-requirements, low down payment and saving time. The financing institutions that generally deal with motor vehicle credit are financing companies and banks. Although, they are different in their operational legal basis, in practice, financing company and bank fall under the category of fiduciary warranty agreements. This study focus on the potential fraud on law in financing of capital goods. This study used the normative and empirical legal research methods. In the end of the study, it found that it used loan financing with fiduciary guarantee not a lease agreement. As a consequence, the use of fiduciary warranty by financing company in a lease does not accord with the law and considered to be illegal. Last but not least the study found that Ministry of Finance and the Financial Services Authority (Otoritas Jasa Keuangan/OJK) as supervisory agencies financing business must to ensure law enforcement, certainty and effective oversight. OJK should provides sanctions for financing companies which do not comply in accordance with the legal provisions.

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Legal Research on the Right to Rest of Laborers

Journal of Politics and Law ◽

10.5539/jpl.v9n7p214 ◽

2016 ◽

Vol 9 (7) ◽

pp. 214

Author(s):

Min Song

Keyword(s):

Sustainable Development ◽

Law Enforcement ◽

Trade Union ◽

Central Government ◽

Labor Relations ◽

Mutual Understanding ◽

Legal Research ◽

The Sustainable Development ◽

The Government ◽

The Right

In 2015, the central government issued a document on building the harmonious labor relations, which emphasized the right to rest of workers and rectified the current severe imbalance of labor relations. This document released a signal to guarantee the sustainable development of the labor force for the future. These measures, such as relative departments perfecting the legislation and law enforcement, the trade union performing their duties actively, employing units and workers raising their awareness and enhancing mutual understanding and branches of the government cooperating, can realize the right to rest of workers to the greatest extent possible.

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Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

Jurnal Hukum Prasada ◽

10.22225/jhp.7.2.2301.96-101 ◽

2020 ◽

Vol 7 (2) ◽

pp. 96-101

Author(s):

Gede Angga Prawirayuda ◽

I Nyoman Putu Budiartha ◽

Ni Luh Made Mahendrawati

Keyword(s):

Research Method ◽

Legal Protection ◽

Moral Rights ◽

Legal Certainty ◽

Legal Research ◽

Economic Rights ◽

Domain Names ◽

The World ◽

The Government ◽

Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

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