Pub Date : 2021-09-30DOI: 10.30595/KOSMIKHUKUM.V21I3.12130
Ahmad Hikmi
Orientalist studies of Islam and hadith have generated mixed responses from Muslims. Some were loud, extreme and quite harsh by rejecting the studies conducted by the Orientalists. However, some other Muslims are gentler by taking the positive side of the studies they have carried out, namely that they can contribute to Islamic knowledge and assets and also study of hadith in particular. Several names emerged which were later considered as orientalists who were quite intense in studying Islam and hadith, they were: Ignaz Goldziher, Duncan Black, Carl Becker, Snouck Hurgronje, and Louis Massignon, A.J. Wensinck, G.H.A. Joynboll, Daniel W. Brown, Alois Sprenger, Sir Willian Muir, A. Guillaume, S. Mackrnsen Ruth, J. Schact, and others. The orientalists who departed from a skeptical attitude began to cause uproar among Muslims by saying that the hadith was only made by the Companions and not from the Prophet. They also criticize the hadith in terms of sanad or matan, whose authenticity is still considered very dubious and lean made by certain parties.Keywords: orientalis, critic, sanad, Matan
东方主义对伊斯兰教和圣训的研究在穆斯林中引起了不同的反应。有些人大声地、极端地、相当严厉地拒绝东方主义者所进行的研究。然而，其他一些穆斯林比较温和，他们从自己所进行的研究中看到积极的一面，也就是说，他们可以为伊斯兰的知识和资产做出贡献，特别是对圣训的研究。后来出现了几个名字，他们被认为是东方学家，他们非常专注于研究伊斯兰教和圣训，他们是:Ignaz Goldziher, Duncan Black, Carl Becker, Snouck Hurgronje和Louis Massignon, A.J. wensick, G.H.A. Joynboll, Daniel W. Brown, Alois Sprenger, Sir william Muir, A. Guillaume, S. Mackrnsen Ruth, J. Schact等。东方学家摆脱了怀疑的态度，开始在穆斯林中引起轩然大波，他们说圣训只是同伴们写的，不是先知写的。他们也批评圣训在sanad或matan方面，其真实性仍然被认为是非常可疑的，由某些政党。关键词:东方学，批评家，萨纳德，马坦
{"title":"Kajian Orientalis Terhadap Sanad dan Matan Hadis sebagai Sumber Hukum Islam","authors":"Ahmad Hikmi","doi":"10.30595/KOSMIKHUKUM.V21I3.12130","DOIUrl":"https://doi.org/10.30595/KOSMIKHUKUM.V21I3.12130","url":null,"abstract":"Orientalist studies of Islam and hadith have generated mixed responses from Muslims. Some were loud, extreme and quite harsh by rejecting the studies conducted by the Orientalists. However, some other Muslims are gentler by taking the positive side of the studies they have carried out, namely that they can contribute to Islamic knowledge and assets and also study of hadith in particular. Several names emerged which were later considered as orientalists who were quite intense in studying Islam and hadith, they were: Ignaz Goldziher, Duncan Black, Carl Becker, Snouck Hurgronje, and Louis Massignon, A.J. Wensinck, G.H.A. Joynboll, Daniel W. Brown, Alois Sprenger, Sir Willian Muir, A. Guillaume, S. Mackrnsen Ruth, J. Schact, and others. The orientalists who departed from a skeptical attitude began to cause uproar among Muslims by saying that the hadith was only made by the Companions and not from the Prophet. They also criticize the hadith in terms of sanad or matan, whose authenticity is still considered very dubious and lean made by certain parties.Keywords: orientalis, critic, sanad, Matan","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130308105","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.10310
Febri Jaya
The need for employment in Indonesia continues to increase every year, so there is naturally a concern that there will be conditions where the need for employment is more than the available employment opportunities. Therefore, several actions have been taken by the executive and legislature to anticipate these conditions, one of which is by facilitating the establishment of a limited liability company which previously had to be established by 2 (two) or more people to only 1 (one) person with certain conditions regulated in Law Number 11 of 2020 concerning Job Creation. In practice, there are many internal disputes related to conflicts of interest in a limited liability company established by 2 (two) or more people, even though when it is founded by 2 (two) or more people, supervision of the management of a limited liability company will certainly be better than that of a limited liability company established. by 1 (one) person. This study discusses the potential for a conflict of interest in a limited liability company established by 1 (one) person who also serves as the only member of the Director in the company.Keywords: Limited Liability Company, Conflict of Interest, Job Creation.
{"title":"Potensi Konflik Kepentingan dalam Pendirian Badan Hukum Perorangan Pasca Revisi Undang-Undang Perseroan Terbatas dalam Omnibus Law","authors":"Febri Jaya","doi":"10.30595/kosmikhukum.v21i2.10310","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.10310","url":null,"abstract":"The need for employment in Indonesia continues to increase every year, so there is naturally a concern that there will be conditions where the need for employment is more than the available employment opportunities. Therefore, several actions have been taken by the executive and legislature to anticipate these conditions, one of which is by facilitating the establishment of a limited liability company which previously had to be established by 2 (two) or more people to only 1 (one) person with certain conditions regulated in Law Number 11 of 2020 concerning Job Creation. In practice, there are many internal disputes related to conflicts of interest in a limited liability company established by 2 (two) or more people, even though when it is founded by 2 (two) or more people, supervision of the management of a limited liability company will certainly be better than that of a limited liability company established. by 1 (one) person. This study discusses the potential for a conflict of interest in a limited liability company established by 1 (one) person who also serves as the only member of the Director in the company.Keywords: Limited Liability Company, Conflict of Interest, Job Creation. ","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117272661","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}
The high demand for housing has caused land prices to soar. This of course makes it difficult to build affordable housing for Low-Income Communities in urban areas. As a result, they will try to find a place to live as much as they can, such as by the river or railroad. Of course this is another problem in urban areas. Problems that can arise are flooding, environmental pollution, and the emergence of slum settlements. The alternative in solving this problem is the availability of land at an affordable price or with the Land Banking Principles to achieve community welfare. Based on the above background, the formulation of the problem can be described, namely how the Legal Characteristics of Land Banking and the application of Land Banking in Indonesia based on the Welfare State perspective. While the purpose of this research is of course to find and analyze the legal characteristics of Land Banking and to analyze and find the application of Land Banking in Indonesia from the perspective of Welfare State. This research is a normative juridical research or literature law research by examining existing literature, both primary and secondary legal materials, using a statutory and conceptual approach to later categorization and analysis.Land bank is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. The concept of Land Banking, which is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. This concept can be said to be a concept as an attempt by the government to fulfill its obligations in order to achieve the welfare of society by making a policy. The government made a Land Banking policy because land is an important element for the community as a place to live. Meanwhile, the residence itself can be said to be the primary need of the community. So that if the primary needs are achieved, the welfare of the community will also be achieved. Of course, in this case the organizer of the Land Banking concept is expected to be the government itself, so that later this concept will not be shifted from the original goal, namely for the welfare of the community. In addition, it is hoped that the policy can be made in written form so as to guarantee legal certainty.Keywords: Welfare State, Land Banking, Society
{"title":"Welfare State dalam Urgensi Land Banking di Indonesia","authors":"Desy Nurkristia Tejawati, Fries Melia Salviana, Shanti Wulandari","doi":"10.30595/kosmikhukum.v21i2.10237","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.10237","url":null,"abstract":"The high demand for housing has caused land prices to soar. This of course makes it difficult to build affordable housing for Low-Income Communities in urban areas. As a result, they will try to find a place to live as much as they can, such as by the river or railroad. Of course this is another problem in urban areas. Problems that can arise are flooding, environmental pollution, and the emergence of slum settlements. The alternative in solving this problem is the availability of land at an affordable price or with the Land Banking Principles to achieve community welfare. Based on the above background, the formulation of the problem can be described, namely how the Legal Characteristics of Land Banking and the application of Land Banking in Indonesia based on the Welfare State perspective. While the purpose of this research is of course to find and analyze the legal characteristics of Land Banking and to analyze and find the application of Land Banking in Indonesia from the perspective of Welfare State. This research is a normative juridical research or literature law research by examining existing literature, both primary and secondary legal materials, using a statutory and conceptual approach to later categorization and analysis.Land bank is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. The concept of Land Banking, which is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. This concept can be said to be a concept as an attempt by the government to fulfill its obligations in order to achieve the welfare of society by making a policy. The government made a Land Banking policy because land is an important element for the community as a place to live. Meanwhile, the residence itself can be said to be the primary need of the community. So that if the primary needs are achieved, the welfare of the community will also be achieved. Of course, in this case the organizer of the Land Banking concept is expected to be the government itself, so that later this concept will not be shifted from the original goal, namely for the welfare of the community. In addition, it is hoped that the policy can be made in written form so as to guarantee legal certainty.Keywords: Welfare State, Land Banking, Society","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126153105","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.10421
Ratna Kartikawati, Z. Osman
In Indonesia, it has found that small traders are still borrowing money from ‘bank plecit’ or known as loan shark although they know the risks of borrowing money from them. This happens because they are financially desperate and very little documentation is required. This study aims to explore the experiences and understandings (cognitive) of small traders and ‘bank plecit’ at Traditional Market, Bayumas, Jogjakarta from the moral judgement perspective that has influenced their personal loan agreement process. Seven ‘bank plecit’ and nine small traders from Traditonal Market, Bayumas, Puworkerto were selected for this study. A qualitative approach using one to one in-depth interview method and observation were used to gather the primary data. The findings show that small traders have a clear understanding of the risk of paying a high-interest rates when they decided to borrow money from ‘bank plecit’. Several reasons are given by both group of respondents in the area of moral judgement decision-making based on a cognitive view that can be considered as internal and external factors. For the small traders, the internal factors are related with them such as responsibility to family so that they can get out of the financial crisis easily and belief in God when they surrender with their life's hardships. While external factors show that small traders believe that it’s a rational decision because the loan process and procedures from the ‘bank plecit’ is often faster and easier than the legal banks that they considered as so straight. They considered that borrowing money from the ‘bank plecit’ was their best rational decision they can made in order to get capital for their business and for their survival. For the ‘bank plecit’, they are only concerned about profits when they agreed to lend the money to small traders, but they said that helping small traders is their responsibility. In addition, they also aware of setting high rate interest to the small traders, they assume that is the way they are helping small traders as the small traders desperately need money. They believed that cognitively, decision that they have made is right because they will help the small traders to start or continue their business. Overall, this study found that moral judgement in cognitive made by both group of respondents are based on their personal situations and lives. Keywords: moral judgement, cognitive, ‘bank plecit’, personal loan agreement
{"title":"Personal Loan Agreement Between Small Traders and “Bank Plecit” at Traditional Market Banyumas, Central Java; A Study from the Perspective of Moral Judgement","authors":"Ratna Kartikawati, Z. Osman","doi":"10.30595/kosmikhukum.v21i2.10421","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.10421","url":null,"abstract":"In Indonesia, it has found that small traders are still borrowing money from ‘bank plecit’ or known as loan shark although they know the risks of borrowing money from them. This happens because they are financially desperate and very little documentation is required. This study aims to explore the experiences and understandings (cognitive) of small traders and ‘bank plecit’ at Traditional Market, Bayumas, Jogjakarta from the moral judgement perspective that has influenced their personal loan agreement process. Seven ‘bank plecit’ and nine small traders from Traditonal Market, Bayumas, Puworkerto were selected for this study. A qualitative approach using one to one in-depth interview method and observation were used to gather the primary data. The findings show that small traders have a clear understanding of the risk of paying a high-interest rates when they decided to borrow money from ‘bank plecit’. Several reasons are given by both group of respondents in the area of moral judgement decision-making based on a cognitive view that can be considered as internal and external factors. For the small traders, the internal factors are related with them such as responsibility to family so that they can get out of the financial crisis easily and belief in God when they surrender with their life's hardships. While external factors show that small traders believe that it’s a rational decision because the loan process and procedures from the ‘bank plecit’ is often faster and easier than the legal banks that they considered as so straight. They considered that borrowing money from the ‘bank plecit’ was their best rational decision they can made in order to get capital for their business and for their survival. For the ‘bank plecit’, they are only concerned about profits when they agreed to lend the money to small traders, but they said that helping small traders is their responsibility. In addition, they also aware of setting high rate interest to the small traders, they assume that is the way they are helping small traders as the small traders desperately need money. They believed that cognitively, decision that they have made is right because they will help the small traders to start or continue their business. Overall, this study found that moral judgement in cognitive made by both group of respondents are based on their personal situations and lives. Keywords: moral judgement, cognitive, ‘bank plecit’, personal loan agreement","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124571186","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.10283
Ninik Alfiyah, M. Saleh
The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords: legal implications, reading and signing of the deed, e-GMS
{"title":"Implikasi”Yuridis Pembacaan dan Penandatanganan Akta Risalah e-RUPS yang Dibuat oleh Notaris","authors":"Ninik Alfiyah, M. Saleh","doi":"10.30595/kosmikhukum.v21i2.10283","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.10283","url":null,"abstract":"The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords: legal implications, reading and signing of the deed, e-GMS","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123095799","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.9947
Muhammad Fauzi, Mellayanah Mellayanah, Muhammad Akmal Rizki Rivaldi, Fairuz arta Abhipraya
The release of decisions with Home Ministers, Ministers of Law and Human Rights, Ministers of Communications and Informatics, Attorney General, The Police Chief of the Republic of Indonesia (Kapolri) and the Head of the National Body of Counter-Terrorism has been the basis for the dissolution and banning of all activities of the Islamic Defenders Front (FPI). Following up on this, it issued a declaration of Maklumat Kapolri No. 1/Mak/I/2021 on compliance with the ban on activities, the use of symbols and attributes and the application of fpi activities. Articel 2d of the maklumat forbidding access, uploading, and disseminating content related to FPI via the Internet is considered to have limited human rights. The study aims to see if there are any infractions and irregularities within the human rights code of the FPI content in the declaration. As for the research method used was normative juridical with a legal and conceptual approach. The source of data used is legislation on human rights, books, articles, and other sources related to the study. It was found in the study that article 2d of the maklumat went beyond the human rights code based on the principles of siracusa and the testing of three sets (three part test). Not only that, article 2d of the maklumat also threatens the freedom of press from journalists and the media in charge of spreading information to the public. The advice of the author regarding this matter should be the chief of police to update the declaration according to the purpose and purpose of the declaration issued, or at least revoke article 2d of the maklumat that feels has restricted the special human rights of free expression. This is so that the entire legal action in this country is consistent with the principles of the state of law and human rights.Keywords: human rights, freedom of expression, freedom of pers
{"title":"Larangan Pengunggahan Konten Terkait FPI: Tinjauan Perspektif Hak Asasi Manusia di Indonesia","authors":"Muhammad Fauzi, Mellayanah Mellayanah, Muhammad Akmal Rizki Rivaldi, Fairuz arta Abhipraya","doi":"10.30595/kosmikhukum.v21i2.9947","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.9947","url":null,"abstract":"The release of decisions with Home Ministers, Ministers of Law and Human Rights, Ministers of Communications and Informatics, Attorney General, The Police Chief of the Republic of Indonesia (Kapolri) and the Head of the National Body of Counter-Terrorism has been the basis for the dissolution and banning of all activities of the Islamic Defenders Front (FPI). Following up on this, it issued a declaration of Maklumat Kapolri No. 1/Mak/I/2021 on compliance with the ban on activities, the use of symbols and attributes and the application of fpi activities. Articel 2d of the maklumat forbidding access, uploading, and disseminating content related to FPI via the Internet is considered to have limited human rights. The study aims to see if there are any infractions and irregularities within the human rights code of the FPI content in the declaration. As for the research method used was normative juridical with a legal and conceptual approach. The source of data used is legislation on human rights, books, articles, and other sources related to the study. It was found in the study that article 2d of the maklumat went beyond the human rights code based on the principles of siracusa and the testing of three sets (three part test). Not only that, article 2d of the maklumat also threatens the freedom of press from journalists and the media in charge of spreading information to the public. The advice of the author regarding this matter should be the chief of police to update the declaration according to the purpose and purpose of the declaration issued, or at least revoke article 2d of the maklumat that feels has restricted the special human rights of free expression. This is so that the entire legal action in this country is consistent with the principles of the state of law and human rights.Keywords: human rights, freedom of expression, freedom of pers","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132201258","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 : 2021-05-29DOI: 10.30595/KOSMIKHUKUM.V21I2.10597
M. Romdlon, Lutfi Kalbu Adi, Aris Aji Kurniawan
The Covid-19 pandemic that occurs in the world is one of the challenges that must be addressed by following technological developments. Telemedicine is currently an alternative in doctor-patient communication by taking advantage of technological developments in the Industrial Revolution 4.0. This study uses a normative legal method with an approach to telemedicine theories, regulations, and cases. The formulation of the problem raised in this study is about the benefits of telemedicine in general and the confidentiality of patient medical data and information. Telemedicine can reach all levels of society, especially with the geographical conditions in Indonesia and the uneven distribution of health workers. Telemedicine makes it easy for the public to conduct consultation and communication with health service facilities. The aspect of protecting patient medical data and information is one of the things that need to be considered in this telemedicine service because it is something that is regulated in layers through Law No. 29 of 2004 concerning Medical Practice, Law no. 36 of 2009 concerning Health, Regulation of the Indonesian Medical Council (Perkonsil) No. 74 of 2020.Keywords: Telemedicine, Benefits, Confidentiality
{"title":"Telemedicine dalam Konstruksi Hukum di Indonesia","authors":"M. Romdlon, Lutfi Kalbu Adi, Aris Aji Kurniawan","doi":"10.30595/KOSMIKHUKUM.V21I2.10597","DOIUrl":"https://doi.org/10.30595/KOSMIKHUKUM.V21I2.10597","url":null,"abstract":"The Covid-19 pandemic that occurs in the world is one of the challenges that must be addressed by following technological developments. Telemedicine is currently an alternative in doctor-patient communication by taking advantage of technological developments in the Industrial Revolution 4.0. This study uses a normative legal method with an approach to telemedicine theories, regulations, and cases. The formulation of the problem raised in this study is about the benefits of telemedicine in general and the confidentiality of patient medical data and information. Telemedicine can reach all levels of society, especially with the geographical conditions in Indonesia and the uneven distribution of health workers. Telemedicine makes it easy for the public to conduct consultation and communication with health service facilities. The aspect of protecting patient medical data and information is one of the things that need to be considered in this telemedicine service because it is something that is regulated in layers through Law No. 29 of 2004 concerning Medical Practice, Law no. 36 of 2009 concerning Health, Regulation of the Indonesian Medical Council (Perkonsil) No. 74 of 2020.Keywords: Telemedicine, Benefits, Confidentiality ","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113982580","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.9995
Wafa Nurul Inayah, Marsitiningsih Marsitiningsih
Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default
{"title":"Perlindungan Hukum atas Kerugian Nasabah Asuransi Terhadap Kasus Gagal Bayar Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen","authors":"Wafa Nurul Inayah, Marsitiningsih Marsitiningsih","doi":"10.30595/kosmikhukum.v21i2.9995","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.9995","url":null,"abstract":"Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132068176","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 : 2021-05-29DOI: 10.30595/kosmikhukum.v21i2.9730
N. Puspita, Eko Widodo
The threat of natural disasters in Indonesia can occur at any time and has caused suffering for humanity. The tourism industry also feels the impact and consequences of natural disasters. Tsunami on the coast of Banten at the end of 2018 has caused economic losses of up to hundreds of billions in the tourism sector. Mitigation of natural disasters, especially in the tourism industry, is still lacking the attention of the government. In the disaster management system, the state is the main actor who has full responsibility for dealing with the effects of natural disasters. The Government of Indonesia in 2005 ratified the 2005-2015 Hyogo Framework for Action as the government's guidelines in dealing with natural disasters, especially in the field of natural disaster mitigation. This study examines the implementation of HFA concerning natural disaster mitigation in the Special Economic Zone of Tanjung Lesung-Banten, and Cikadu Tourism Village Community. Socio-legal research is used as a research method and uses qualitative data analysis that is analytical descriptive and emphasizes primary data as the main data. This data was obtained by interview and observation. As for supporting primary data, library research is conducted. Based on the results of the study it can be seen that the Government of Indonesia has implemented the HFA by making Law No. 24 of 2007 concerning Disaster Management, but in practice law enforcement has not been felt by Banten coastal communities other than that there is no habit or cultural awareness of disaster response in the community.
{"title":"Mitigasi Bencana Alam di Kek Tanjung Lesung, Sudahkah Hyogo Framework for Action Diterapkan?","authors":"N. Puspita, Eko Widodo","doi":"10.30595/kosmikhukum.v21i2.9730","DOIUrl":"https://doi.org/10.30595/kosmikhukum.v21i2.9730","url":null,"abstract":"The threat of natural disasters in Indonesia can occur at any time and has caused suffering for humanity. The tourism industry also feels the impact and consequences of natural disasters. Tsunami on the coast of Banten at the end of 2018 has caused economic losses of up to hundreds of billions in the tourism sector. Mitigation of natural disasters, especially in the tourism industry, is still lacking the attention of the government. In the disaster management system, the state is the main actor who has full responsibility for dealing with the effects of natural disasters. The Government of Indonesia in 2005 ratified the 2005-2015 Hyogo Framework for Action as the government's guidelines in dealing with natural disasters, especially in the field of natural disaster mitigation. This study examines the implementation of HFA concerning natural disaster mitigation in the Special Economic Zone of Tanjung Lesung-Banten, and Cikadu Tourism Village Community. Socio-legal research is used as a research method and uses qualitative data analysis that is analytical descriptive and emphasizes primary data as the main data. This data was obtained by interview and observation. As for supporting primary data, library research is conducted. Based on the results of the study it can be seen that the Government of Indonesia has implemented the HFA by making Law No. 24 of 2007 concerning Disaster Management, but in practice law enforcement has not been felt by Banten coastal communities other than that there is no habit or cultural awareness of disaster response in the community.","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134335140","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 : 2021-02-05DOI: 10.30595/KOSMIKHUKUM.V21I1.9704
P. M. Putri
The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019 on Indigenous Villages and Local Regulations of Bali Province No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali
{"title":"The Legal System Application Affect Factors in Preventing HIV / AIDS Transmission in Bali","authors":"P. M. Putri","doi":"10.30595/KOSMIKHUKUM.V21I1.9704","DOIUrl":"https://doi.org/10.30595/KOSMIKHUKUM.V21I1.9704","url":null,"abstract":"The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019 on Indigenous Villages and Local Regulations of Bali Province No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali","PeriodicalId":197254,"journal":{"name":"Kosmik Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114870345","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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