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2022 ◽  
Vol 3 (1) ◽  
pp. 21-34
Author(s):  
Helena Primadianti Sulistyaningrum ◽  
Dian Afrilia ◽  
Theta Murty

Doctors as medical workers are at the forefront of health services for Covid-19 patients. During the pandemic, doctor is the profession that has the highest risk in handling Covid-19 patients. In this case, it is appropriate if doctors get legal protection in carrying out their profession. So, what is the actual form of legal protection that doctors have received so far in handling Covid-19 patients? Have the existing regulations accommodated this protection?. The method of research which used in this research was normatif by examining the law which is conceptualized as a norm or rule that applied in society, and becomes a reference for everyone's behavior. The results of the study indicated that there were preventive and repressive measures which were as means of legal protection for doctors during Pandemic. Preventive efforts can be interpreted as steps or ways that can be taken to prevent an event that has legal consequences in the form of fulfilling obligations as a doctor, namely by carrying out the profession in accordance with professional standard, professional service standard, and standard operating procedures, completing administration in medical practice such as informed consent. and medical records, getting vaccines, providing incentives. While repressive efforts are defined as steps or method which taken if an event that results in law has occurred in the form of providing compensation to doctors who died, giving awards for services, bearing medical expenses for exposed doctors, and prosecution for criminal acts towards people who do not orderly implement health protocols. The legal protection of medical workers in handling Covid-19 is evident in the fact that these medical workers have received legal protection in the form of supervision and guidance carried out by the Central Government, Regional Government or their Work Agencies. It shows that existing regulations have accommodated legal protection for doctors during the Covid-19 pandemic.


2022 ◽  
Vol 21 ◽  
pp. 183-207
Author(s):  
Robert Gleave

In this chapter, I examine the discussion around the rational and moral basis for legal categories in postclassical Imāmī Twelver Shīʿī legal theory. The debate was pushed forward by the Akhbārī movement in the 17th century CE; they proposed a novel position concerning the rational basis for the law in which reason can determine certain moral aspects of an action (e.g., a good action can be recognised by reason, and its performance attracts praise), but not legal elements (e.g., that the performance of a good action deserves a reward beyond praise). This leaves, for them, the Lawgiver (that is, God) to connect the moral aspects of an act with its legal consequences (that is punishment for a morally bad action and reward for a morally good action); that causal connection cannot be made by reason alone. Based on these findings, I conclude that Akhbārī moral theory, often read along literalist lines, showcases an adherence to the Muʿtazilī-derived framework common to the Imāmī Twelver Shīʿī theology and law generally, whilst also reserving ultimate legal authority to God.


2021 ◽  
Vol IV (IV) ◽  
pp. 49-76
Author(s):  
Krzysztof Kaszubowski

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.


2021 ◽  
Vol 11 (2) ◽  
pp. 134-148
Author(s):  
Dede Frastien ◽  
Edra Satmaidi ◽  
Iskandar Iskandar

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.


Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 131-140
Author(s):  
NUKI NUKI

Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades when the company is faced with unfulfilled tax obligation. Therefore, the main problem in this research is the director board of Sumber Urip Sejati Utama's Ltd. civil liability and legal consequences towards the tax in debt due to the board’s negligence. The research method used in this study is a normative juridical approach, which is an approach based on the primary legal material by examining theories, concepts, legal principles and legislation. The research elaborates that the civil liability of Sumber Urip Sejati Utama Ltd.’s director board towards the tax in debts is in a form of joint responsibility or responsibility. Moreover, the legal consequences faced by the director boards due to their negligence is that directors should bear all of the company's debts to creditors and third parties, to the extent of using the directors' assets to cover the losses.


2021 ◽  
Vol 5 (3) ◽  
pp. 357-366
Author(s):  
Muhammad Irvan Hidayana ◽  
Ilyas Ismail ◽  
Muazzin Muazzin

The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.


Jendela PLS ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 102-108
Author(s):  
Uying Hapid Alatas ◽  
Sri Utami

Customary law is a rule of human behavior in everyday life, always respected and respected because it has legal consequences or sanctions for violations that have been committed. However, the facts in the field show that many customary violations occur every year. The most common violation is kawin lari. The purpose of this research is to find out why the kawin lari customary violation is increasing in Pinang Merah Village and to find out whether the implementation of customary sanctions for kawin lari is in accordance with the customary rules that apply in Pinang Merah Village and to find out how the community's perception of the traditional kawin lari sanction in Pinang Village. Red. This research uses a case study approach with descriptive qualitative research methods. The collection technique uses observation, interview and documentation. The informants in this study amounted to 5 (five) people with the informant selection technique using purposive sampling. Data analysis techniques in this study were data reduction, data presentation and conclusions. Techniques for ensuring the validity of data Credibility, Transferability, Dependability and Comfirmability. Based on the results of data analysis, it was found that the increase in violations of the kawin lari custom was due to the lack of parental supervision and guidance towards children. Children are not well controlled, which results in children engaging in promiscuity. Elopement is one of the consequences of promiscuity. For the implementation of customary sanctions, it was found that the implementation of the traditional kawin lari sanction in Pinang Merah Village has not been implemented properly. Because there are still many violations of the kawin lari custom. Meanwhile, the community's perception of the kawin lari customary sanction is that it is a rule that must be obeyed by the community. sanctions are a hereditary inheritance from their ancient ancestors and are still used today. However, in reality, the customary sanction of kawin lari has not been implemented properly because there is still selective cutting or favoritism between the community. The suggestion in this research is that the community should obey the village customary rules that apply in Pinang Merah Village by paying customary sanctions given by the customary institution as a sign of having done something wrong. Customary institutions in order to provide understanding to the community to follow the customary rules of Pianang Merah Village, in order to reduce violations of customary sanctions.


Author(s):  
Faisyal Karim ◽  

This study will analyze the negative impacts of natural resource management in the form of environmental damage and pollution, agrarian conflicts, impoverishment, and neglect of community rights. This is a serious problem that must be resolved. These problems are related to the ineffectiveness of implementing a Regional Regulation (Perda) in the community and the disharmony at the stage of forming a Regional Regulation. This research is a normative juridical law research. Based on the results of the research, it is known that the Law has determined that "every Draft Regional Regulation (Raperda) before being stipulated as a Regional Regulation must first be harmonized at the stage of drafting the Raperda". However, at the practical level, there is often a neglect of the harmonization of the Raperda on executive initiatives, this does not only lead to certain legal consequences (procedural defects) but also raises assumptions related to the existence of overlapping powers. As also happened, there is material in the Batang Regency Regional Regulation number 13 of 2019 concerning the Batang Regency Spatial Plan for 2019-2039, especially in article 128 letter i of the Batang Regency Regional Regulation Number 13 of 2019 regarding the 2019 Batang Regency Spatial Plan. -2039 states that "it is forbidden to use groundwater for industrial activities and industrial support activities and direct industrial activities to utilize surface water, contrary to Central Java Provincial Regulation Number 3 of 2018 so that legal harmonization is necessary.


2021 ◽  
Vol 1 (1) ◽  
pp. 129-132
Author(s):  
Denny Guntara

This study aims to investigate issues on how corporate deforestation (by fire) occurs and the responsibilities of business entities for the crime they have committed. Employing the descriptive method, this study relied on secondary data. Destruction of forests has impacted many sectors, e.g., environment, economics, institutional, socio-politics, and others associated with accessibility and biodiversity of forest resources. Such an issue blames factors, such as illegal logging, forest fires, poor monitoring and management of operationalization of the licensing system in forest areas, conversion of forest to plantations, and settlements and other non-forestry development agendas. Corporate deforestation, which is mainly aimed to open new space, is a form of intolerable criminal act given its detrimental effect on the ecosystem and public health. As the one that is responsible for any actions, corporates or business entities are urged to monitor all of their agendas and development. This notion, however, seems insufficient to address the issue of corporate deforestation since legal consequences have little to no effect in reducing primary forest loss.


2021 ◽  
Vol 21 (4) ◽  
pp. 293-331
Author(s):  
Stanisław Kordasiewicz

Jacques Cujas was a French humanist and one of the most distinguished 16th-century legal experts. This paper analyses the rules governing liability and the meaning of periculum (risk) in his commentaries to Roman law. My study is focused on two examples which offer surprising interpretations of risk. The first case concerns a person who lost an object given for valuation. Here Cujas uses the term periculum in two different meanings. The first is general and covers all types of irresistible events. The second is limited to only one type of event – theft. This distinction is fundamental for the evaluation of the legal consequences arising from the loss of the object. Te inspector would have had to bear the risk of theft (periculum furti), but not other risks, especially not those related to force majeure. The second case I discuss deals with the complexities of risk allocation in the contract of sale. In one of his earlier commentaries, Cujas accepted the Roman legal principle of periculum emptoris – that the risk of the loss of the object sold should be on the buyer. At the same time, in his discussion of particular cases Cujas was flexible in allocating various risks to either of the parties, thus paving the way for his future change of mind on periculum venditoris.


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