PENGAWASAN OMBUDSMAN TERHADAP PENYELENGGARAAN PELAYANAN PUBLIK PADA MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19)

ABSTRACTSupervise the government as the provider of public services to carry out their duties and authorities under applicable regulations. Large-Scale Social Restrictions are restrictions on certain activities in an area suspected of being infected with Corona Virus Disease 2019 (COVID-19), which causes the quality of public services to be disrupted. The Ombudsman has the task of supervising the implementation of shared services organized by state or government officials and private or individual bodies assigned the task of providing services according to minimum service standards as a benchmark for service delivery and assessing the quality of services to the community. The research method used is normative juridical research with a conceptual approach (Statute Approach).The results of this study are large-scale social restriction policies through the Mayor of Tarakan Regulation Number 17 of 2020, restrictions on activities outside the house such as the implementation of learning at schools and/or other educational institutions, Work From Home (WFH), religious movements in houses of worship, activities in public places, social and cultural activities and Mandatory rapid tests for those using Sea and Air transportation modes, and providing social assistance to communities affected by COVID-19. Ombudsman's supervision of public services during the COVID-19 pandemic in Tarakan City, namely by conducting coordination and control and cooperation with state and private officials as well as community or individual organizations, opening an Online Complaint Post for COVID-19 Affected Persons. Also, conduct unannounced checks to improve public services in the City of Tarakan. Based on the supervision, the receipt of reports on suspicion of maladministration and the Ombudsman's investigation results are subject to examination. Suppose it is proven that it has committed maladministration in public services, the Ombudsman of the Republic of Indonesia can take corrective action and provide recommendations/suggestions to state administrators to improve the quality of public services. Keywords: Surveillance; Ombudsman; Public Service; COVID-19 Pandemic

BENTUK KETERBUKAAN RAHASIA MEDIS DALAM SITUASI PANDEMI VIRUS COVID 19 DI INDONESIA

The right to confidentiality or privacy is something unique between a patient's relationship with a doctor because it is based on trust. This patient-doctor relationship is unique because the patient believes in the doctor's ability and the patient believes the doctor will keep the patient's secret. The influence of the covid 19 outbreak has made people nervous and afraid because the virus is very easy to spread and spreads globally. The community asks to open data related to the secrets of Covid 19 patients, both in the form of names, addresses, symptoms, diagnosis, and interactions that have been made. Patient data which is classified as a basic right to privacy is an important component in breaking the chain of the spread of Covid 19 because the government has implemented large-scale social restrictions in certain areas to maintain social interactions so that the community can avoid exposure to this virus. This needs to be studied in depth regarding the Forms of Disclosure of Medical Secrets in the PANDEMIC Covid 19 Situation in Indonesia.This type of research is normative juridical research or what is known as doctrinal research. Normative juridical research is research that looks at problems through the aims and objectives to be achieved using surgical tools in the form of statutory regulations and regulations in a formal hierarchy of regulations as well as theoretical studies of updated and modern literature.Covid 19 Patient Information is data stored in medical records that can be provided based on patient consent or the law. But in Article 57 paragraph (2) of Health Law, the right to confidentiality is excluded, one of which is for the benefit of society. The doctor's obligation to keep information related to the patient's medical condition is an obligation as described in the Republic of Indonesia Minister of Health Regulation Number 269 / MENKES / PER / III / 2008 concerning Medical Records but in the event of an outbreak or pandemic covid 19, the disclosure of secrets is carried out with the covid procedure, namely by evaluating the interaction of patients who have been in SWAB Positive and carry out self-isolation for COVID 19 patients without symptoms and medical isolation for patients with symptoms. Keyword: Information, Covid 19, Hukum, Privacy

REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA

ABSTRACTIklim investasi sulit berkembang bilamana terlalu banyaknya aturan yang tumpang tindih dari pusat hingga daerah, serta dengan prosedur perizinan yang lama menjadi suatu sumber masalah yang tidak kunjung selesai. Melihat hal tersebut Presiden Jokowi membuat trobosan dengan menggunakan Omnibus Law Cipta Lapangan Kerja atau sering kali disebut dengan RUU Omnibus Law Cilaka. Hal ini merupakan sesuatu yang baru di Indonesia, namun itu merupakan suatu terobosan dalam menyelesaikan kesemerawutan hukum di Indonesia. Namun keinginan dari Pemerintah mendapatkan respon gelombang demo yang cukup besar dari golongan buruh dan masyarakat. Demo itu didasarkan isi dari pasal-pasal dalam RUU Omnibus Law Cipta Lapangan Kerja yang dianggap merugikan masyakat Indonesia dan golongan buruh. Berdasarkan pendapat yang penulis sampaikan, kami menyimpulkn beberapa hal. Pertama, RUU Omnibus Law Cipta Lapangan Kerja memiliki beberapa koreksi yang lebih dalam khususnya dalam aspek paradigma serta substansi pengaturan mengenai PHK, Izin, serta Otonomi Daerah (Desentralisasi). Kedua, niatan adanya RUU Omnibus Law Cilaka yakni untuk mengurangi adanya hyper regulation (banyaknya peraturan perundang-undangan), namun dalam RUU malah menciptakan aturan turunan yang membuat semakin banyaknya aturan baru yang dimunculkan. Maka seyogyanya RUU Omnibus Law Cipta Lapangan Kerja ini perlu di atur ulang dengan tetap mengikut sertakan masyarakat luas dalam memberikan masukan dan pandangan demi sempurnanya RUU Cipta Lapangan Kerja ini. Kata Kunci: Omnibus Law, Cipta Lapangan Kerja.

TANGGUNGJAWAB HUKUM USAHA KLINIK KESEHATAN DI KOTA TARAKAN TERHADAP SEGALA RESIKO USAHA

This study investigated the legal liability of health clinics in the city of Tarakan for all business risks in terms of the Health Act, the Consumer Protection Act and the Minister of Health’s Regulation on Clinics. As one of many health facilities in Indonesia, clinic is easily accessible by the community. Clinical patients are not only protected by the Health Act but also by the Consumer Protection Act. Clinics as providers of health services are responsible for the actions of health workers to their patients because of the relationship between patients and clinics, which is that the clinic guarantees that every health worker who does his work in the clinic will do his best to heal patients. By basing that the importance of the Informed Concent in medical action, the rights of patients are more respected and protected. The results of the study suggest that clarity of rules and consistency of policies must be increased because they have a huge impact on public trust in the government so that responses to health services will be well coordinated. Doctors / health workers must be more responsible for medical actions that will / have been carried out in the context of fulfilling health services to patients in order to foster an honest and responsible attitude for all health workers who perform health services in the clinic.

EKSISTENSI PERJANJIAN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PERDATA

ABSTRACTOne form of the Industrial Revolution 4.0 that we can recognize in everyday life is electronic commerce, namely the use of communication networks and computers to carry out business processes that are agreed upon and carried out by the parties and set forth in electronic agreements/contracts. The electronic agreement/contract is carried out on the basis of trust obtained by providing legal recognition of electronic written form in the form of an electronic signature. If there is a broken promise/default by one of the parties entering into an electronic agreement/contract with electronic document evidence signed with electronic signature as evidence, then it must be known carefully the strength of the evidence of electronic agreement on the electronic document and the method of settling the civil dispute.This study aimed to examine and analyze the strength of the evidence of electronic agreements on authentic deeds and patterns of settlement of civil case disputes submitted by the parties with evidence in the form of electronic agreements. The study used a normative juridical method with legal and conceptual approaches and primary and secondary sources of legal material.From the results of the study it can be concluded that the strength of proof of electronic documents signed with electronic signatures is contrary to the strength of proof of authentic deeds made by or in front of public officials in charge where the deed was made or by the authorized public official. In addition, related to the recognition of electronic documents in the judicial system, there is a void in procedural law because it does not regulate electronic documents as evidence but rather electronic documents in the form of decisions or indictments as appeals for cassation requests and reconsideration.Keywords: Electronic Agreement, Electronic Signature, Authentic Deed, Evidence

Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan

ABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltaraABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltara

GRATIFIKASI PELAYANAN SEKSUAL SEBAGAI TINDAK PIDANA KORUPSI

ABSTRACT This thesis research aims to analyze one of the types of criminal acts of corruption contained in Law Number 31 Year 1999 on the Eradication of Corruption which is amended by Law Number 20 Year 2001, which is about Gratification, in particular the provision of sexual service gifts in some cases of corruption.The issues raised in this study are whether the provision of sexual services received by public servants or state officials can be categorized as gratification and become a criminal act corruption. This study also aims to analyze the provision and regulation of legal sanctions for perpetrators of the gratificationof sexual services in Indonesia This study uses the type of normative legal research (normative legal research) because it is still less clear about the regulation of gratification of sexual services as one of the criminal acts of corruption. The approach used in this study is the approach of legislation and conceptual aproach. Legal sanctions for Civil Servants and State Officials who commit corruption in accepting the gratification of sexual services may be charged under Article 5 paragraph (2), Article 12 letters a and b or Article 12B of Law Number 31 Year 1999 juncto Law Number 20 of 2001 when it meets its elemental elements. As for the gratification giver can be charged with Article 5 paragraph (1) of Law Number 31 Year 1999 juncto Law Number 20 Year 2001 and the sanction that can be applied to the object of sexual gratification law (women giving sex service) can be charged with article 15 Law Number 31 Year 1999 juncto Law Number 20 Year 2001. The recipients of gratification of sexual services and women who become the object of sexual services and the recipients of sexual services may also be charged under article 284 of the Criminal Code of moral decency if both fulfill the elements in the article. Keywords : Gratification of Sexual Services, Corruption, Proof, Legal sanctions

REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA

The investment climate is difficult to develop when there are too many overlapping regulations from the center to the regions, and the old licensing procedure is a source of ongoing problems. Seeing this, President Jokowi made a breakthrough by using the Omnibus Law for Job Creation or often referred to as the Cilaka Omnibus Law Bill. This is something new in Indonesia, but it is a breakthrough in resolving legal chaos in Indonesia. However, the desire of the Government to get a response from a fairly large wave of demonstrations from the workers and society. The demonstration was based on the contents of the articles in the Job Creation Omnibus Law Bill which were deemed to be detrimental to the Indonesian people and workers. Based on the author's opinion, we conclude several things. First, the Job Creation Omnibus Law Bill has several deeper corrections, especially in the paradigm and substance of regulations regarding layoffs, permits, and regional autonomy (decentralization). Second, the Cilaka Omnibus Law Bill intends to reduce the existence of hyper-regulation (the number of laws and regulations), but the bill creates derivative regulations that make more and more new rules emerge. So it is best if the Omnibus Law Job Creation Bill needs to be rearranged while still involving the wider community in providing input and views for the perfection of this Job Creation Bill. Keywords: Omnibus Law, Job Creation

PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL PADA ERA PERDAGANGAN BEBAS

ABSTRACTThe current international business transaction activity is not difficult, with the advancement of technology, the world provides ample opportunities and opportunities for the international community to make connections between them.. International business transactions are private law studies, where in private law the law provides wider opportunities for each party to make, agree and execute the clauses they make. However, it can not be said that in order to carry out such business activities, the parties must carefully understand and understand the legal norms in the countries of the opposing parties. This will greatly affect the implementation of the agreement. For that reason it is necessary for researchers to clarify the study of legal protection of international business transactions in the era of free trade.The following issues are Legal Principles of International business transactions in the era of free trade and Legal Certainty on International Business transactions. The method used is normative legal research.This research produces the Principles of law of international business transactions can be found in the rules of international treaty law which regulates the provisions of international business transactions. The provisions of the international convention on the Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principle of International Contracts of 1994 and Legal certainty in international business contracts can be seen from the legal source of international business contracts. Not surprisingly, when different business actors of citizenship conduct international business transactions, they will consent to law enforcement of one of the business actors. Keywords: Legal Protection, International Business Transactions, Free Trade

ETIKA JURNALISTIK DALAM PERSPEKTIF HUKUM ISLAM

This article highlights the importance of journalistic ethics concerning disseminating information to the public, especially on social media, so that community unity and integrity are maintained and are not easily provoked by false issues. This research is legal research using a normative approach and Islamic literature approach. This research found that a Muslim journalist must put forward several principles: tabayyun, positive thinking, and intention not to spread fake news.Keyword (s): Ethics, Journalistics, Islamic law.