Pub Date : 2021-01-29DOI: 10.25041/FIATJUSTISIA.V15NO1.2101
Hafrida Hafrida, H. Helmi, Retno Kusniati
This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.
{"title":"Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures","authors":"Hafrida Hafrida, H. Helmi, Retno Kusniati","doi":"10.25041/FIATJUSTISIA.V15NO1.2101","DOIUrl":"https://doi.org/10.25041/FIATJUSTISIA.V15NO1.2101","url":null,"abstract":"This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127877892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-29DOI: 10.25041/FIATJUSTISIA.V15NO1.2195
M. Tjoanda.
This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.
{"title":"The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements","authors":"M. Tjoanda.","doi":"10.25041/FIATJUSTISIA.V15NO1.2195","DOIUrl":"https://doi.org/10.25041/FIATJUSTISIA.V15NO1.2195","url":null,"abstract":"This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123935191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-28DOI: 10.25041/fiatjustisia.v14no4.1884
Dwi Ratna Indri Hapsari, K. Kurniawan
The implementation of the principle of freedom of contract gives rise to the types of agreements not regulated in the law or The Indonesian Civil Code (ICC). We are familiar with the term Standard contract or standard agreement. Standard agreements are often used in the banking world, one of which is in banking credit agreements, as we all understand that the position of the customer is weaker than the bank, so it must be protected by law. In order to protect these interests, the customer is given protection contained in the Banking Act regulations as well as the Consumer Protection Act and its derivative regulations. Specifically, the credit agreement format as the standard agreement set out in Financial Services Authority Circular Number 13 / SEOJK.07 / 2014 Concerning Standard Agreements is that credit agreements that contain rights, obligations and requirements that are legally binding on customers, are required to use letters, writing, symbols, diagrams, signs, terms, readable phrases, and / or sentences simple ones in Indonesian that are easily understood by customers. This is in an effort to provide protection to customers and the regulatory and supervisory functions of the Financial Services Authority.
{"title":"Consumer Protection in the Banking Credit Agreement in Accordance with the Principle of Proportionality under Indonesian Laws","authors":"Dwi Ratna Indri Hapsari, K. Kurniawan","doi":"10.25041/fiatjustisia.v14no4.1884","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v14no4.1884","url":null,"abstract":"The implementation of the principle of freedom of contract gives rise to the types of agreements not regulated in the law or The Indonesian Civil Code (ICC). We are familiar with the term Standard contract or standard agreement. Standard agreements are often used in the banking world, one of which is in banking credit agreements, as we all understand that the position of the customer is weaker than the bank, so it must be protected by law. In order to protect these interests, the customer is given protection contained in the Banking Act regulations as well as the Consumer Protection Act and its derivative regulations. Specifically, the credit agreement format as the standard agreement set out in Financial Services Authority Circular Number 13 / SEOJK.07 / 2014 Concerning Standard Agreements is that credit agreements that contain rights, obligations and requirements that are legally binding on customers, are required to use letters, writing, symbols, diagrams, signs, terms, readable phrases, and / or sentences simple ones in Indonesian that are easily understood by customers. This is in an effort to provide protection to customers and the regulatory and supervisory functions of the Financial Services Authority.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117189601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-28DOI: 10.25041/fiatjustisia.v14no4.1952
Cecep Mustafa
L'objectif de cette étude est d'explorer les perspectives judiciaires sur la condamnation des mineurs délinquants toxicomanes. Afin de comprendre les perspectives du système judiciaire, il est important, puisque l'objet de cette étude est l'Indonésie, d'explorer ces perspectives en fonction des conditions sociales dans lesquelles elles se trouvent. La conception méthodologique s'appuie sur des méthodes qualitatives afin d'entreprendre des analyses aux niveaux micro et méso. Les juges perçoivent les infractions liées à la drogue comme une préoccupation mondiale et comme étant graves. Les juges se sentent contraints dans leurs condamnations par les mises en accusation des procureurs, la procédure d'appel, les évaluations médicales et la disponibilité des installations de traitement. La réhabilitation des mineurs délinquants toxicomanes est considérée comme étant dans l'intérêt des juges et de la société.
{"title":"La perspective judiciare sur la réhabilitation des drogues en Indonésie","authors":"Cecep Mustafa","doi":"10.25041/fiatjustisia.v14no4.1952","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v14no4.1952","url":null,"abstract":"L'objectif de cette étude est d'explorer les perspectives judiciaires sur la condamnation des mineurs délinquants toxicomanes. Afin de comprendre les perspectives du système judiciaire, il est important, puisque l'objet de cette étude est l'Indonésie, d'explorer ces perspectives en fonction des conditions sociales dans lesquelles elles se trouvent. La conception méthodologique s'appuie sur des méthodes qualitatives afin d'entreprendre des analyses aux niveaux micro et méso. Les juges perçoivent les infractions liées à la drogue comme une préoccupation mondiale et comme étant graves. Les juges se sentent contraints dans leurs condamnations par les mises en accusation des procureurs, la procédure d'appel, les évaluations médicales et la disponibilité des installations de traitement. La réhabilitation des mineurs délinquants toxicomanes est considérée comme étant dans l'intérêt des juges et de la société.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127228204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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