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Rebuilding Private Hospital According to Indonesian Health Law Politics 从印尼卫生法政治看民营医院的重建
Pub Date : 2021-10-25 DOI: 10.35586/velrev.v4i2.3355
H. Buamona
Received: 2021-09-05 Revised: 2021-09-21 Accepted: 2021-10-22 In Article 21 of Law Number 44 of 2009 concerning Hospitals, only private hospitals in the form of PT, do not regulate and even strengthen the position of private hospitals, foundations and associations as a forum for health services in accordance with Pancasila and Article 34 paragraph (3) of the Constitution. 1945 as the legal politics of health services in Indonesia. Therefore, this is the reason for the author to conduct a study with the aim of rebuilding a private hospital in accordance with the character of the Indonesian state which has a social-human spirit. This study focuses on the main problem, namely How should the legal politics of regulating the form of private hospitals in the future. The research method used is normative law or doctrinal methods that are qualitative in nature to analyze data based on norms in laws and regulations that are guided by the precepts of Pancasila as the basis of Indonesian legal politics. The results of this study conclude that in the future the legal entity of a private hospital should not be in the form of a PT, but must be in the form of foundations and associations, because foundations and associations have separate assets and are intended to achieve certain goals in the social and religious fields. The participation of foundations and associations is in accordance with Article 28C paragraph (2) of the 1945 Constitution, which stipulates that "everyone has the right to advance himself in fighting for his rights collectively to build his community, nation and state. Finally, private hospitals, foundations and associations are in accordance with Pancasila and Article 34 paragraph (3) of the 1945 Constitution as the legal political basis for health services.
在2009年关于医院的第44号法律第21条中,只有PT形式的私立医院,没有根据Pancasila和1945年《宪法》第34条第(3)款作为印度尼西亚卫生服务的法律政治来规范甚至加强私立医院、基金会和协会作为卫生服务论坛的地位。因此,这是作者进行研究的原因,其目的是根据具有社会人文精神的印度尼西亚国家的特点重建私立医院。本文研究的主要问题是,未来民营医院形式的法律政治应如何规范。使用的研究方法是规范性法或定性的理论方法,以潘卡西拉戒律为指导的法律法规规范为基础分析数据。潘卡西拉戒律是印度尼西亚法律政治的基础。这项研究的结果得出结论,未来私立医院的法律实体不应采取PT的形式,而必须采取基金会和协会的形式,因为基金会和协会拥有独立的资产,旨在实现社会和宗教领域的某些目标。基金会和协会的参与符合1945年《宪法》第28C条第(2)款的规定,该条款规定“每个人都有权在集体争取其权利以建设其社区、民族和国家方面取得进步。”最后,私立医院、基金会和协会按照《潘卡西拉公约》和1945年《宪法》第34条第3款作为保健服务的法律政治基础。
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引用次数: 0
The Changes Impact on State Ministries Nomenclature Toward National Development Progress 国家发展进步对国家部委命名法的影响
Pub Date : 2021-10-25 DOI: 10.35586/velrev.v4i2.3159
A. Nasution
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引用次数: 3
The Practice of Mbaranggawe Puputan : A Solution for ‎Marriage Reception in Javanese Communities During the ‎Covid - 19 Pandemic Mbaranggawe Puputan的实践:新冠肺炎大流行期间爪哇社区婚宴的解决方案
Pub Date : 2021-10-25 DOI: 10.35586/velrev.v4i2.2706
Anisatul Latifah
Javanese people are among those who always try to uphold the values of traditional and cultural traditions so that their life in the universe is always in harmony and harmony. One of the traditional traditions of the Javanese people in pursuing their life cycle in order to obtain peace of life, serenity, harmony and harmony with the universe is by carrying out certain ceremonies or customs. Examples of the traditional ceremony on the Java community is mbaranggawe pengantenan (weddings) and mbaranggawe muputi or puputan (ceremony performed after dropping the baby’s navel). The implementation of this traditional ceremony requires the involvement of many sanak sedulur (relatives) and tonggo teparo (neighborhood) owner of the ceremony. The influence of the demands of the times is felt today with the corona virus outbreak that emerged at the end of 2019 which attacked human health. This outbreak is known as Covid-19. The implementation of traditional ceremonies is very strict with the rules of its activities, which include the limited number of participants, the implementation time and the location zone that will be used in the event. With this rule, traditional ceremonial activities that are considered sacred are still carried out even though they are simple.
爪哇人民一直努力维护传统和文化传统的价值,使他们在宇宙中的生活始终和谐与和谐。爪哇人民追求生命周期以获得生命的和平、宁静、和谐以及与宇宙的和谐的传统之一是通过举行某些仪式或习俗。爪哇社区传统仪式的例子是mbaranggawe pengantenan(婚礼)和mbaranggawe muputi或puputan(在婴儿肚脐落下后举行的仪式)。这一传统仪式的实施需要许多亲戚和仪式的主人tonggo teparo的参与。今天,随着2019年底出现的冠状病毒疫情对人类健康的影响,我们感受到了时代需求的影响。这次爆发被称为Covid-19。传统仪式的实施对其活动的规则非常严格,包括参与者的数量限制,实施时间和活动中使用的地点区域。有了这个规则,那些被认为是神圣的传统仪式活动即使很简单也要进行。
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引用次数: 0
Solving Manpower Act’s Legal Redundancy Through Job Creation Act’s Foreign Manpower Utilization Plan 通过《就业创造法》的外国人力利用计划解决《人力法》的法定冗余问题
Pub Date : 2021-10-25 DOI: 10.35586/velrev.v4i2.2728
N. Pakpahan
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引用次数: 0
Juridical Study of The Implementation of The Principles of Equality of The Parents Parties In Contruction Action Contract Which Is Made In A Notary Face 建筑诉讼合同当事人平等原则在公证处实施的法律研究
Pub Date : 2021-10-25 DOI: 10.35586/velrev.v4i2.2736
Adli Dzil Nasution, S. Suprayitno, Adi Mansar
Received: 2021-04-01 Revised: 2021-09-21 Accepted: 2021-10-22 The principle of equality, contact, notar The juridical concept of the principle of equality in the perspective of contract law is based on a civil law system that conforms to the values of justice. Contracts based on a civil law system that are in accordance with the values of justice, actually in Indonesia the application of the principle of freedom of contract is not absolute, there are certain limitations regulated in the Civil Code and other laws and regulations. The restrictions on freedom of contract that are regulated in the Civil Code include that there are no defects in the agreement, namely coercion, error, and fraud. The form of the principle of equality of the parties in the construction work contract deed made before a Notary, regarding the authority of the notary in making contracts, in Article 15 of Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of a Notary, is a public official those who are authorized to make both authentic deeds and under-hand deeds as long as they are not specific to other public officials in accordance with statutory regulations or the wishes of the parties concerned to ensure that the rights and obligations of the parties are guaranteed and have legal certainty.
合同法视角下的平等原则的司法概念是建立在符合正义价值观的大陆法系基础之上的。基于民法制度的合同是符合正义价值观的,实际上在印度尼西亚,合同自由原则的适用并不是绝对的,在民法典和其他法律法规中有一定的限制。《民法典》规定的对合同自由的限制包括协议中不存在缺陷,即不存在胁迫、错误和欺诈。在公证员面前订立的建筑工程合同契据中各方平等原则的形式,关于公证员在订立合同中的权力,见2014年第2号法律第15条,该法律对2004年第30号法律关于公证员地位的修正;只要不是根据法定规定或当事人的意愿专门针对其他公职人员,确保当事人的权利义务得到保障,具有法律确定性,就可以授权做出真实契约和暗中契约的公职人员。
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引用次数: 0
Prospects of Implementing Mutual Legal Assistance Against Transnational Tax Crimes (Study of Reciprocal Agreements between Indonesia - Switzerland) 打击跨国税务犯罪实施司法互助的展望(印尼-瑞士互惠协定研究)
Pub Date : 2020-11-29 DOI: 10.35586/velrev.v3i2.2059
Khoirur Rizal Lutfi, D. Pratiwi, Citraresmi Widoretno Putri
Indonesia and Switzerland signed a Mutual Legal Assistance (MLA) Agreement in 2019. One sector that is considered to be facilitated is the handling of tax crimes (tax fraud) as part of the government's efforts to enforce tax laws, especially those that crossnational borders. This legal research is a type of normative research that will examine the implementation or implementation of international treaty provisions in a factual manner in certain legal events, namely taxation crimes. 
印度尼西亚和瑞士于2019年签署了《司法互助协定》。一个被认为是便利的部门是处理税务犯罪(税务欺诈),作为政府执行税法努力的一部分,特别是那些跨国的。这种法律研究是一种规范性研究,将以事实的方式审查在某些法律事件,即税收犯罪中国际条约条款的实施或执行情况。
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引用次数: 0
Juridical Analysis Of Employee Considerations As Administrative Competition Agency 行政竞争代理机构员工考量的法律分析
Pub Date : 2020-05-27 DOI: 10.35586/velrev.v3i1.1749
Robinsar Marbun
The Personnel consideration Agencyhas the authority to carry out the administrative appeals process from the reception of the file until it considers, making the decision whether strengthened or scaled or cancelled as per the weight the violation is done in question. The decree is certainly signed by the Chairman and Secretary of BAPEK. This research aims to analyze the administrative appeals to the personnel consideration body as a final step in the administration appeals process, and then see the whole problem solving if there is a arbitrariness Stand out in the allotment of disciplinary penalties as in articles 3 and 4, namely the obligations and prohibitions to be complied with. The source of this research is used with two sources of legal resources, namely the primary legal source, which is the study of interviews to speakers who are competent in implementing the problem of resolving administrative appeals dispute and secondary legal source, namely data Obtained from the literature study by reading, quoting, and studying legislation, documents, books, dictionaries, and other literature relating to the issues to be discussed.
人事审议机构有权从收到档案开始执行行政申诉程序,直到它根据所涉违规行为的轻重考虑作出是否加强、扩大或取消的决定为止。这项法令当然是由BAPEK主席和秘书签署的。本研究旨在分析人事审议机构的行政申诉作为行政申诉程序的最后一步,然后看到整个问题的解决,如果存在任意性突出在分配纪律处罚如第3条和第4条,即义务和禁止遵守。本研究的来源使用了两种法律资源,一种是一级法律资源,即对有能力解决行政申诉纠纷问题的说话人的访谈研究;另一种是二级法律资源,即通过阅读、引用和研究与所讨论问题有关的立法、文件、书籍、词典和其他文献而获得的文献研究数据。
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引用次数: 1
Provision of Rehabilitation of Drug Addicted Children as a Form of Fulfillment of Constitutional Rights 为吸毒儿童提供康复服务是实现宪法权利的一种形式
Pub Date : 2020-05-27 DOI: 10.35586/velrev.v3i1.1563
Fransiska Novita Eleanora
The aim of this research is to find out rehabilitation both in the form of medical and social assistance given to minors as addicts to narcotics, which can endanger lives and bodies, so that by carrying out rehabilitation gradually the child can return to the original condition with the recovery he has obtained. Besides giving in rehabilitation is a form of recognition and appreciation for the constitutional rights of citizens, where these rights are constitutional rights that have been contained in the 1945 constitution and those rights are rights protected by the government, and the state is also law, rights that are constitutional here in relation to is the right to health and the right to adequate housing, and the existence of integrated recovery both physically, mentally and socially so that children as addicts of narcotics can be accepted again in society, bearing in mind that children are the buds of the nation which will carry forward the ideals and struggle of the nation, so that it must be restored to the condition of the psyche and his health, because by restoring his condition will return to carry out activities or activities in gaining knowledge by learning, getting education and playing with his friends as usual, it can be said that the child as an addict from narcotics has returned to his normal environment and made a process of interaction in general . The formulation of the problem to be examined is whether the provision of rehabilitation of children as addicts of narcotics is part of the realization and recognition of constitutional rights in accordance with the constitution of the constitution by 1945 . The method in this study uses juridical and normative that is using literature related to the problem to be investigated and can answer existing problems, where the results are that medical and social rehabilitation given to children as addicts of narcotics can provide recovery and return it to the psychological condition in a psychological way. integrated through physical, psychological and social health, and this is also a guarantee and protection from the government in fulfilling its constitutional rights as citizens, because by fulfilling the guarantee and recognition including the protection of children's rights, protection of the rights the most essential is the protection of the rights in his life to obtain opportunities in education and also health and play. keywords ; rehabilitation, children, narcotics, constitutional rights
本研究的目的是找出对吸毒成瘾的未成年人进行医疗救助和社会救助两种形式的康复,这可能危及生命和身体,以便通过逐步进行康复,使儿童在获得康复的同时恢复到原来的状态。此外,康复是对公民宪法权利的一种承认和赞赏,这些权利是1945年宪法中包含的宪法权利这些权利是受政府保护的权利,国家也是法律,这里的宪法权利涉及到健康权和适足住房权,以及综合康复的存在,在精神上和社会上,使吸毒成瘾的儿童能够重新被社会所接受,铭记儿童是民族的蓓蕾,将发扬民族的理想和斗争,因此必须使其恢复精神和健康状况,因为恢复了他的状况后,他将重新开展活动或通过学习获得知识的活动,接受教育,并像往常一样与朋友一起玩耍;可以说,儿童作为毒品成瘾者已经回到了正常的环境中,并做出了一个总体的互动过程。要审查的问题的提法是,根据1945年《宪法》的宪法规定,为吸毒成瘾的儿童提供康复服务是否属于实现和承认宪法权利的一部分。本研究的方法采用了法律和规范的方法,使用了与所要调查的问题相关的文献,可以回答存在的问题,其结果是,对吸毒成瘾的儿童进行医疗和社会康复可以提供康复,并以心理的方式将其恢复到心理状态。通过身体,心理和社会健康的整合,这也是政府在履行其作为公民的宪法权利方面的保障和保护,因为通过履行保障和承认包括保护儿童权利在内的权利,保护权利最本质的是保护他在生活中获得教育机会的权利,还有健康和游戏的权利。关键字;康复,儿童,毒品,宪法权利
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引用次数: 0
Company Culture As An Alternative Solution To Prevent Fraud In Workplace 企业文化是防止职场欺诈的另一种解决方案
Pub Date : 2019-05-28 DOI: 10.35586/VELREV.V2I1.523
Handoyo Prasetyo
The company is one of the supporting factors for national economic and development, contributors to foreign exchange and taxes to the state and provides jobs and workplaces needed by many people to fulfill their daily needs, so that their presence in daily life cannot be ignored and has become a necessity which is non-negotiable. Along with the development of the corporation which is increasing its operational activities, opportunities arise to conduct unethical behavior carried out by some employees to obtain additional benefits illegally by utilizing their position and experience in the workplace (called The Trust Violator Officer). Many attempts were made to prevent and overcome fraudulent behavior, but the authors offer one more solution to prevent behavior fraud in the workplace, which focuses more on the root problem of the emergence of fraud behavior, namely by fixing the character of new employees by early instilling the company's noble culture that contains universal good norms, in which a commitment is also made to take actions based on business ethics and work ethics. With the development of this anti-fraud commitment early on when new employees are accepted and start work, it is hoped that it will cut the fraud learning chain which traditionally flows from senior to junior fraudsters.
公司是国家经济发展的支撑因素之一,为国家贡献外汇和税收,为许多人提供所需的工作和工作场所,以满足他们的日常需要,因此他们在日常生活中的存在不容忽视,已经成为一种不可忽视的必需品。随着公司的发展,公司的经营活动越来越多,一些员工为了利用自己在工作场所的职位和经验非法获得额外的利益,出现了不道德的行为(称为信任违规者)。为了防止和克服欺诈行为,已经做了很多尝试,但是作者提供了一个防止工作场所行为欺诈的解决方案,这个解决方案更关注欺诈行为出现的根本问题,即通过早期灌输公司包含普遍良好规范的高尚文化来固定新员工的性格,并承诺采取基于商业道德和职业道德的行动。随着这种反欺诈承诺的早期发展,当新员工被接受并开始工作时,希望它能切断传统上从高级欺诈者流向初级欺诈者的欺诈学习链。
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引用次数: 0
Criminal Law Protection On Online Victims Of Victims 网络被害人的刑法保护
Pub Date : 2019-05-28 DOI: 10.35586/VELREV.V2I1.690
Safaruddin Harefa
This study aims to find out and analyze how criminal law protection for victims of online businesses. This study uses a juridical normative law research with secondary legal materials, namely analyzing the study of legislation and cases. The results of the research that the authors get are that criminal legal protection against victims of online business crime in accordance with existing laws and regulations should guarantee the existence of victims' rights from online businesses. The rights that must be obtained by online business victims are contained in Law Number 31 Year 2014 concerning Amendments to Law Number 13 Year 2006 concerning Witness and Victim Protection and Law Number 11 Year 2008 Information and Electronic Transactions (ITE ) That the rights that have been guaranteed have not run optimally are carried out because the rules governing the protection of consumers of online businesses have not been detailed in a Legislation and do not provide space for victims to obtain criminal legal protection
本研究旨在找出和分析刑法如何保护网络商业受害者。本研究采用司法规范法研究与二手法律资料相结合的方法,即立法分析研究与案例分析研究。研究结果表明,现行法律法规对网络商业犯罪被害人的刑事法律保护应保障网络商业被害人权利的存在。受害者的权利,必须通过在线业务中包含法律数量31 2014年有关法律修正案13号2006年关于目击者和受害者保护和法律2008年11号信息和电子交易(ITE)的权利,保证没有运行进行优化,因为规则的保护消费者的在线企业没有详细的立法和不为受害者提供空间获得刑事法律保护
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引用次数: 1
期刊
Veteran Law Review
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