scholarly journals TINJAUAN HUKUM DOKTER YANG BERKOLUSI DENGAN PERUSAHAAN FARMASI DALAM MERESEPKAN OBAT

2018 ◽  
Vol 3 (2) ◽  
pp. 272
Author(s):  
Yenny Fitri Z

At the end of 2015, the Tempo Magazine investigation team released a gratification case conducted by the pharmaceutical company Interbat against 2,125 doctors. The gratuities are suspected to be one of the reasons that influence doctors in prescribing drugs to patients. Funds used by pharmaceutical companies to serve doctors can reach 45 percent of drug prices. Therefore, patients must redeem the drug at a more expensive price. Moving from the results of these investigations, the authors are interested to examine criminal rules that can ensnare doctors who receive the gift from pharmaceutical companies. So far, the rule of law governing the prohibition of doctors receiving gifts from Pharmaceutical Companies has not had a deterrent effect. The existing arrangements are in the realm of ethics and administration. As a result, the cooperation of doctors and pharmaceutical companies in prescribing the drug continues and affects the patient's harm. Because in the practice of the physician profession is divided into two, namely private doctors and civil servants, then the formulation of the issues to be discussed in this paper is, First, how the imposition of legal sanctions for private doctors who receive the gift from Pharmaceutical Company Second, how the imposition of legal sanctions for civil servant doctors who receive the gift from Pharmaceutical Company To answer the problem, the author uses normative juridical research method. The results of his research are private doctors who receive the gift from pharmaceutical companies may be subject to Article 3 of Law Number 11 Year 1980 on the Crime of Bribery. As for doctors who have the status of Civil Servants subject to Article 12B of Law Number 31 Year 1999 junto Law Number 20 Year 2001 About Corruption Eradication (Anti-Corruption Law). As a suggestion at the end of the writing, the author wants that the formulation of Article 12B of the Anti-Corruption Law be expanded so that it is not limited to civil servants or state officials only. However, pending the improvement of the formulation of Article 12B, the authors recommend that law enforcement still play an active role by using Article 3 of the Anti-Bribery Law to ensnare doctors who receive the gift from ph armaceutical companies.

2014 ◽  
Vol 1 (1) ◽  
pp. 198
Author(s):  
Lakso Anindito

AbstrakTulisan ini akan membahas potensi UU Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan (UU P3H) dalam mendukung penegakan demokrasi lingkungan. Untuk mempertajam pembahasan, fokus kajian akan dilakukan dari dua aspek, yaitu: 1) Perangkat yang dapat didayagunakan untuk mendukung penegakan hukum yang efektif sehingga dapat melindungi hak mendasar warga negara; dan 2) Peran aktif masyarakat dalam penegakan hukum. Kedua aspek tersebut dirasa penting untuk mewujudkan nilai-nilai mendasar dari demokrasi lingkungan yang didasarkan peran aktif masyarakat dalam pengambilan keputusan terkait kebijakan penegakan hukum2 dan penerapan penegakan hukum yang adil, akuntabel dan efektif dalam rangka menjaga serta melindungi hak masyarakat atas pemanfaatan sumber daya alam.AbstractThis article will discuss the potential of Law No. 18 of 2013 regarding Prevention and Eradication of Forest Degradation in supporting implementation of environmental democracy. To sharpen the analysis, the focus of study will be conducted from two aspects, namely: 1) The tools that can be utilized to support effective law enforcement in order to protect the fundamental rights of citizens, and 2) The active role of people in law enforcement. Both aspects are considered important to realize the fundamental values of a democratic environment based on active role in decisions related to policy enforcement and application of the rule of law that is fair, accountable and effective in order to maintain and protect the people's right to use natural resources. 


2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Sulim V.V ◽  

In the process of building the rule of law, one of its most important criteria is the creation of a fair, transparent and efficient judiciary. The essential need for radical changes in the judiciary and the reform of its individual institutions is a matter of time. The main goal of judicial reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, efficient and accountable judiciary in Ukraine, which will be trusted by society. Judicial and legal reform in Ukraine is comprehensive and involves amendments to the Constitution of Ukraine, legislation on the judiciary and the status of judges, reform of related institutions (prosecutor's office, bar, law enforcement agencies), as well as improving procedural legislation and legislation governing enforcement. court decisions. In particular, the article emphasizes that legislative changes have been made to the Commercial Procedural Code of Ukraine, initiated new forms of commercial litigation, one of the forms of commercial litigation is simplified litigation, which is designed to consider minor cases, cases of minor complexity and other cases for which priority is given. quick resolution of the case. Along with the simplified procedure and procedures for litigation, the introduction of this form of litigation has revealed certain shortcomings of such regulations. Keywords: commercial litigation, insignificant cases, legislation, shortcomings, procedure


2019 ◽  
Vol 2 (2) ◽  
pp. 179-187
Author(s):  
Tulus Santoso ◽  
Maya Puspita Dewi

Civil servants as a government apparatus are required to have ethics. However, the phenomenon of many civil servants being convicted of corruption and still receiving salaries, even filed a lawsuit, left a big question mark regarding their compliance with ethics. The method used in this paper is a literature study. The results showed that corruption is a violation of ethics and the reluctance to resign and even sue when dismissal is clearly contrary to ethical behavior. Legal norms as a manifestation of ethics in the form of written law and an embodiment of good governance are good enough, it's just that law enforcement must be done by superiors, Staff Development Officers are not done and they become part of those who also violate ethics because they do not want to uphold ethics in his environment. This also is not in line with the spirit of good governance that not only wants the rule of law but also must have law enforcement. In the future, as an effort to create ethical Civil Servants, law enforcement must be carried out absolutely.


2020 ◽  
Vol 17 (1) ◽  
pp. 58-67
Author(s):  
N. A. Kabanova ◽  
I. K. Alekseeva

The article is devoted to the assessment of potential investment risks of the pharmaceutical company “R-Pharm” JSC with the aim of identifying the highest priority risks and developing methods for minimizing them. The relevance of the study is determined by the fact that the pharmaceutical business is characterized by a high degree of social orientation and annually invests $ 140 billion in the development of production and research, which determines the need for a risk-based approach to ensure the return on investment. The subject of this article is the investment risks of pharmaceutical companies, and the subject of research is the domestic pharmaceutical company “R-Pharm”. In order to assess the potential investment risks of “R-Pharm” JSC, the authors used elements of simulation modeling and system analysis. The proposed methods to minimize key investment risks are aimed at improving the efficiency of investment activities and is recommended as an element of the strategic planning of the company.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.


2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.


2019 ◽  
Vol 118 (4) ◽  
pp. 1-15
Author(s):  
Dr.G. Madhumita ◽  
Dr.G. Rajini ◽  
Dr.B. Subisha

The study investigates the preference of OTC Medicines among the pharmaceutical brand.OTC Medicines means medicines lawfully permitted to sell  “Over the Counter”, i.e. devoid of the prescription of a Registered Medical Practitioner. In India, although the expression has no lawful acknowledgment, all the medicines that are not incorporated in the list of ‘prescription only medicines’ are measured as non-prescription medicines (or OTC Medicines).Pharmaceutical over the counter products (OTC) be the medicines which can be sold without prescription. Also termed as “Non Prescription Medicines” discussed by Arti(2010).This article talks about top pharmaceutical company brands Aventis Pharma, GlaxoSmithKline, Surya Pharma, Torrent Pharma,Glenmark,Divis Labs,Biocon, Orchid Chemical, Abbott Indi, Sterling Bio, Alembic Pharma etc, the brand preference of New Age Indian Women. A 736 questionnaire was composed of different age and different New Age Indian Women in around Urban :Chennai ;Semi Urban :Neyveli ; Rural :Soolurpet ;Tirupur. The findings of the study shows that the highest preferred generic brand is balms,  Medicines chosen  for fever is Crocin, Idoex  is most ideal pain blams, volini spray is also most preferred brand, ENO is ideal Antacid brand, Sadiron is another chosen brand for cough and cold, the other brands are Metfal SPS, Johnson, Revital are the other favored brands. The study will be a great instrument for the pharmaceutical companies brands to understand today’s New Age Indian Women.


2017 ◽  
Vol 9 (2) ◽  
pp. 37-43
Author(s):  
Sri Dewi Anggadini ◽  
Eva Tarsiah

 This research have purpose to examine empirically the effect on Net Profit Margin and Liquidity (Current Ratio) to Stock Price on Sub Sector Pharmaceutical Company Listed on IndonesiaStock Exchange Period 2012-2016. The problems that occur in Sub Sector Pharmaceutical Companyis the decrease of Stock Price but not followed by the increase of Net Profit Margin. Then the companyhas descreased Stock Price but not followed by the increase of Liquidity (Current Ratio). The research uses descriptive verification analysis method with population 10 companies from Sub Sector Pharmaceutical Companies. Sample selected by using purposive sampling, so thesample obtained to 8 companies with 40 financial reports from Sub Sector Pharmaceutical CompanyListed in Indonesia Stock Exchange Period 2012-2016. Technical of data analysis is multiple linearregression with SPSS 16.0 version as the application.  The result of the analysis showed that Net Profit Margin has positive and significant effect to Stock Price, and Liquidity which measured by Current Ratio has Positive dan significant effect toStock Price.


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