scholarly journals Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 278
Author(s):  
Evalina Alissa ◽  
Sasmiar Sasmiar
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Legal Issues ◽  
Legal Basis ◽  
Medical Work ◽  
Legal Doctrine ◽  
Legal Power ◽  
Medical Disputes ◽  
Legal Principle ◽  
Medical Disciplines

This article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution.

scholarly journals PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL)

2019 ◽  
Vol 3 (1) ◽  
pp. 27-43
Author(s):  
Siti Munawaroh
Keyword(s):  
Rule Of Law ◽  
National Development ◽  
Legal Issues ◽  
Economic Potential ◽  
Normative Study ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Illegal Fishing ◽  
Archipelago Sea ◽  
Marine Products

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.

scholarly journals Perlindungan Hukum bagi Konsumen pada Bank Beku Operasi

2021 ◽  
Vol 2 (1) ◽  
pp. 8-12
Author(s):  
Anak Agung Ngurah Bagus Krisna Pratama ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Economic Growth ◽  
Population Growth ◽  
Research Method ◽  
Legal Issues ◽  
Legal Basis ◽  
Rapid Population Growth ◽  
Legal Research ◽  
The Way

Rapid population growth and current unstable economic growth made it difficult for someone to own a house. Houses in an area are sold by entrepreneurs in cash and credit. Buying housing can be done by crediting banks. On the way the bank was selected to experience bankruptcy resulting in the Bank's Operation Freeze so that the customer was disadvantaged. Research method in this writing uses normative legal research, namely examining problems using a legal basis in the form of statutory regulations and supported by opinions of scholars in the literature. The author in this study discusses two legal issues related to rights and obligations of the parties in the sale and purchase of housing on credit at banks that are declared freeze in operation and settlement efforts if the bank is declared a bank with freeze operations for the customer in buying and selling housing on credit. In this case, customers not yet able to know their rights and obligations as depositors of housing certificate funds at the bank if the bank is frozen in operation and bank that is affected by a freeze operation is also not yet clear on how to resolve if the bank is hit by a freeze operation.

LEGAL ISSUES REGARDING IMPOSITION OF E-FORM D AS A BASIS FOR DETERMINATION OF PREFERENTIAL TARIFFS IN ATIGA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Legal Certainty ◽  
Layer System ◽  
Legal Provisions ◽  
Directorate General ◽  
Domestic Law

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals Reformulation of Money Politics Crime in Electoral Law as a Corruption Criminal Action

2021 ◽  
Vol 4 (5) ◽  
Author(s):  
Wiradhyaksa Mochamad Hariadi Putra ◽  
Keyword(s):  
Research Method ◽  
Political Campaigns ◽  
Legal Issues ◽  
Legislative Elections ◽  
Research Results ◽  
General Elections ◽  
Political Office ◽  
Political Crime ◽  
Electoral Law

Money politics is directly related to corruption crime since it has an element of bribery that can harm state finances if the doer occupies his political office. Money politics occurs during political campaigns until general elections day. Indonesian electoral law or regulation have not included money politics in corruption crime. This research examined and deeply discussed how the formulation of money politics crime in current election, what are the legal issues in election crimes, and how the reformulation of money politics in electoral law as a corruption criminal act. This study used a normative-juridicial research method. Based on this research results, it is known that the formulation of money politics crime in current election can only be interpreted implicitly. Legal issues in election crimes are still rampant today as exemplified by the author through political crime cases in regional and legislative elections. The reformulation can be carried out by including a corruption clause as special offense in electoral law.

scholarly journals Judicial Review of Customs Billing in Bankrupt Debtor

2019 ◽  
Vol 1 (1) ◽  
pp. 78-97
Author(s):  
Wahyu Hidayat ◽  
Aditya Subur Purwana
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Legal Issues ◽  
Court Decision ◽  
State Sovereignty ◽  
A Priority

Research aims to determine the position privilege of Indonesian Customs and Excise to be fulfilled first thanother debts, Indonesian Customs and Excise’s as a Preferred Creditor for bonded zone companies that havebankrupt and define effectiveness of the confiscation process as the Commercial Court Decision on bondedzone companies that have assets outside Indonesia. Research method that is being used is juridical normativemethod. The results showed that Indonesian Customs and Excise position as preferred creditor remained inaccordance with the Customs Regulations. However along with the breakthroughs in legal issues and legaldevelopments, the state's position as the preferred creditor is no longer a priority. Legal issues arising relatedto the implementation of confiscation of debtors who have assets abroad will be constrained by the principleof state sovereignty which can impact on the portion of Indonesian Customs and Excise’s debt collectionobligations. Based on the results of the study it was concluded that Indonesian Customs and Excise has thepreferential right to fulfill bankruptcy debtors even with the shift in priority payments by labor wages, so theeffort that must be done is to mitigate risks before bankruptcy and the maximum collection. The universalprinciple in implementing bankruptcy decisions will make it difficult for the execution of debtor assets outsideof Indonesian jurisdiction.

scholarly journals Tinjauan Yuridis terhadap Selebgram yang Melakukan Endorse/Promosi Barang Ilegal pada Produk Obat Kosmetik

2021 ◽  
Vol 2 (2) ◽  
pp. 271-276
Author(s):  
Kadek Agus Adi Mego ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Social Media ◽  
Negative Impact ◽  
Legal Issues ◽  
Legal Basis ◽  
Cosmetic Products ◽  
Medicinal Products ◽  
Legal Research ◽  
Business People ◽  
Public Figures ◽  
Legal Sanctions

Selebgrams are celebrities who exist on lnstagram social media accounts and become public figures on lnstagram social media. The viral figure of celebrities on Instagram is used as an opportunity for business people to endorse/promote cosmetic products through Celegram's Instagram account. However, these activities have a negative impact, namely, the products being promoted are illegal goods that do not have permission from the relevant institutions and this can cause harm to consumers. In terms of writing this research the writer discusses two legal issues, namely the legal arrangement for celebrities who endorse/promote cosmetic medicinal products and legal sanctions against celebrities who endorse/promote illegal goods in cosmetic medicinal products. This research aims to determine the regulations and legal sanctions against celebrities who promote illegal cosmetic medicinal products. This research uses the type of normative legal research, Law No. 8 of 1999, Law No. 19 of 2016, and the Civil Code as a legal basis to determine legal arrangements and legal sanctions against celebrities who endorse/promote illegal goods. The problem approach used is the approach by analyzing legislation related to the problem. The results of this study indicate that the imposition of legal sanctions on celebrities is different from business actors who are producers of these products.

scholarly journals Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

scholarly journals SANKSI KERJA SOSIAL, SEBUAH ALTERNATIF PENALISASI TERHADAP PELANGGARAN LALU LINTAS DI KOTA PAREPARE

2019 ◽  
Vol 2 (2) ◽  
pp. 102-128
Author(s):  
Firmansyah
Keyword(s):  
Social Work ◽  
Research Method ◽  
Field Survey ◽  
Legal Issues ◽  
Library Research ◽  
Litigation Process ◽  
Traffic Violations ◽  
The Creation ◽  
The Right ◽  
The Impact

Social work sanctions is an alternative in handling traffic violations without going through a litigation process, this research aims; First, to find out the right strategies related to social work sanctions. Second, to find out the factors that influence the implementation of social work sanctions and finally to find out the impact of the application of social work sanctions. The research method used is a socio-normative research method. Data collection techniques for library research and interviews. The results of this study indicate that the strategies is used in implementing social work sanctions are; Field survey, socialization Collaborate with the police to conduct sweeping on the object of research, carry out social / social work sanctions and install stickers to control and there needs to be a conscious area or traffic order. namely the existence of the concept of ultimum Remedium. It’s mean that criminal is the last step and the Discretion is a power or authority that is carried out based on the law for consideration and belief and emphasizes moral considerations rather than legal considerations. The inhibiting factors are; Written rules or regulations / substances that do not yet exist, lack of socialization and legal culture or attitudes of both the community and the police are still low regarding legal issues. Finally, the impact of the implementation is the creation of rules or laws that specifically regulate the issue of social work sanctions. The next thing is the creation of the Community Police Concept

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