Abstract 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.
{"title":"TANGGUNGJAWAB HUKUM USAHA KLINIK KESEHATAN DI KOTA TARAKAN TERHADAP SEGALA RESIKO USAHA","authors":"Patrisia Febriani","doi":"10.35334/ay.v6i1.2205","DOIUrl":"https://doi.org/10.35334/ay.v6i1.2205","url":null,"abstract":"Abstract 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.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"T166 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125413248","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}
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
{"title":"EKSISTENSI PERJANJIAN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PERDATA","authors":"Leonard Parulian","doi":"10.35334/ay.v6i1.2206","DOIUrl":"https://doi.org/10.35334/ay.v6i1.2206","url":null,"abstract":"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","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114514408","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 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
保密或隐私的权利在病人和医生的关系中是独一无二的，因为它是建立在信任的基础上的。这种医患关系是独一无二的，因为病人相信医生的能力，病人也相信医生会保守病人的秘密。新冠疫情的影响让人们感到紧张和恐惧，因为这种病毒非常容易传播，并且在全球范围内传播。社区要求公开与Covid - 19患者秘密相关的数据，包括姓名、地址、症状、诊断和已经进行的互动。被列为基本隐私权的患者信息是打破新冠病毒传播链条的重要组成部分，因为政府为了维持社会交往，在某些地区实施了大规模的社会限制措施，以避免社区接触新冠病毒。这需要深入研究印度尼西亚在Covid - 19大流行情况下披露医疗秘密的形式。这种类型的研究是规范的法律研究或所谓的理论研究。规范性法律研究是通过使用手术工具的目的和目标来看待问题的研究，这些目的和目标以法定法规和法规的正式等级制度的形式出现，以及对最新和现代文献的理论研究。患者信息是存储在医疗记录中的数据，可以根据患者同意或法律提供。但《卫生法》第57条第(2)款排除了保密权，其中一条是为了社会利益。根据印度尼西亚共和国卫生部长条例第269 / MENKES / PER / III / 2008号关于医疗记录的规定，医生有义务保留与患者医疗状况有关的信息，但如果发生疫情爆发或covid - 19大流行，则按照covid - 19程序披露秘密。即通过评估SWAB阳性患者的相互作用，对无症状的患者进行自我隔离，对有症状的患者进行医学隔离。关键词:信息，Covid - 19, Hukum，隐私
{"title":"BENTUK KETERBUKAAN RAHASIA MEDIS DALAM SITUASI PANDEMI VIRUS COVID 19 DI INDONESIA","authors":"Afdhal Afdhal, Irvansyah Irvansyah","doi":"10.35334/ay.v6i1.1665","DOIUrl":"https://doi.org/10.35334/ay.v6i1.1665","url":null,"abstract":"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","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130720559","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}
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
{"title":"PENGAWASAN OMBUDSMAN TERHADAP PENYELENGGARAAN PELAYANAN PUBLIK PADA MASA PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19)","authors":"Inggit Akim","doi":"10.35334/ay.v6i1.2088","DOIUrl":"https://doi.org/10.35334/ay.v6i1.2088","url":null,"abstract":"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","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121091782","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}
Abstract Government goods/services is never free from contracts. The contract is the basis of every action / achievement carried out both by the Government as the user of the goods / services and the Provider as the provider of the goods / services. In the process of running a contract is very prone to conflict / dispute between the parties. On average, contract conflicts up to contract disputes take place after the contract expires so that they can be carried out through courts or alternative dispute resolution institutions stipulated in the law. However, teh main point is this study is the contract conflict that has not been a contract dispute because the contract has not ended (the periode of contract execution) or the contract has not started (pre-contract). Can it be called a default if the contract has not been completed and there are parties who want to cancel the contract? Do the principles of goodfaith and balance apply to contracts where one of the parties is the government?Based on this, the following matters will be examined: 1) The principle of good faith in the government through contract repudiation to prevent breach of contract; 2) The principle of balance in the implementation of contract repudiation of government goods/service procurement. The research method used a normative juridical method with statutory and conceptual approaches. From the results of the study, it was concluded that in the case of the Government with the principle of good faith and proportional balance of contracts through Repudiation efforts trying to prevent harmful things such as defaults when the Government considers that the contract cannot be continued. The value of good faith as the most fundamental basis coupled with balance values in accordance with its portion or the so-called proportional principle must really be the most serious concern in making contracts not only to safeguard the rights and obligations of the parties but more importantly to achieve the purpose of the contract that is the fulfillment of government goods / services. Keywords : Repudiation, governement, contract, good faith, proportional.
{"title":"REPUDIASI DALAM PEMENUHAN PRESTASI KONTRAK PENGADAAN BARANG/JASA PEMERINTAH","authors":"Chrestella Chrestella","doi":"10.35334/AY.V5I2.1911","DOIUrl":"https://doi.org/10.35334/AY.V5I2.1911","url":null,"abstract":"Abstract Government goods/services is never free from contracts. The contract is the basis of every action / achievement carried out both by the Government as the user of the goods / services and the Provider as the provider of the goods / services. In the process of running a contract is very prone to conflict / dispute between the parties. On average, contract conflicts up to contract disputes take place after the contract expires so that they can be carried out through courts or alternative dispute resolution institutions stipulated in the law. However, teh main point is this study is the contract conflict that has not been a contract dispute because the contract has not ended (the periode of contract execution) or the contract has not started (pre-contract). Can it be called a default if the contract has not been completed and there are parties who want to cancel the contract? Do the principles of goodfaith and balance apply to contracts where one of the parties is the government?Based on this, the following matters will be examined: 1) The principle of good faith in the government through contract repudiation to prevent breach of contract; 2) The principle of balance in the implementation of contract repudiation of government goods/service procurement. The research method used a normative juridical method with statutory and conceptual approaches. From the results of the study, it was concluded that in the case of the Government with the principle of good faith and proportional balance of contracts through Repudiation efforts trying to prevent harmful things such as defaults when the Government considers that the contract cannot be continued. The value of good faith as the most fundamental basis coupled with balance values in accordance with its portion or the so-called proportional principle must really be the most serious concern in making contracts not only to safeguard the rights and obligations of the parties but more importantly to achieve the purpose of the contract that is the fulfillment of government goods / services. Keywords : Repudiation, governement, contract, good faith, proportional.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116943931","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}
ABSTRACTIncreased traffic flow of people entering and leaving Indonesia, had causing various level of immigration crimes. Passport fraud as a crime committed by replacing, altering part or all of a passport, or using false information to receive a passport, has become a serious matter now. Currently, almost all the proof of counterfeit passport process is checked in the Immigration Forensic Laboratory at the Immigration Intelligence Directorate. The formulation of the problem studied in this paper is how the role and challenge of Immigration Forensic Laboratory in conducting examination of fake passport on behalf of Abbas Tauqeer. The research method used is normative and empirical legal research. Based on the results of the research can be seen that the Immigration Forensic Laboratory has an important role as the center of examination of fake immigration documents consisting of several technical stages. Forensic analysis of the case found damage to passport biodata pages, different types of letters on passport biography, photos and biodata replaced, passport chips damaged, and unreadable chips in Automatic Document Reader. Then, the challenges faced include the lack of human resources, facilities and infrastructure has not been representative, the absence of Standard Operational Procedure (SOP), and the lack of care of officers in the field.Keywords: Immigration Forensic Laboratory, Counterfeit Passport
{"title":"ASPEK HUKUM LABORATORIUM FORENSIK KEIMIGRASIAN: STUDI KASUS PEMERIKSAAN PASPOR PALSU KEBANGSAAN INGGRIS ATAS NAMA ABBAS TAUQEER","authors":"M. Alvi Syahrin","doi":"10.35334/AY.V3I1.985","DOIUrl":"https://doi.org/10.35334/AY.V3I1.985","url":null,"abstract":"ABSTRACTIncreased traffic flow of people entering and leaving Indonesia, had causing various level of immigration crimes. Passport fraud as a crime committed by replacing, altering part or all of a passport, or using false information to receive a passport, has become a serious matter now. Currently, almost all the proof of counterfeit passport process is checked in the Immigration Forensic Laboratory at the Immigration Intelligence Directorate. The formulation of the problem studied in this paper is how the role and challenge of Immigration Forensic Laboratory in conducting examination of fake passport on behalf of Abbas Tauqeer. The research method used is normative and empirical legal research. Based on the results of the research can be seen that the Immigration Forensic Laboratory has an important role as the center of examination of fake immigration documents consisting of several technical stages. Forensic analysis of the case found damage to passport biodata pages, different types of letters on passport biography, photos and biodata replaced, passport chips damaged, and unreadable chips in Automatic Document Reader. Then, the challenges faced include the lack of human resources, facilities and infrastructure has not been representative, the absence of Standard Operational Procedure (SOP), and the lack of care of officers in the field.Keywords: Immigration Forensic Laboratory, Counterfeit Passport","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114110326","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}
ABSTRACT Social security constitutes As a part of constitutional right for every citizen as mentioned in article 28 letter h paragraph 3 of the 1945 Constitution which states that everyone is entitled to social security which enables to development dignified human being. In addition, the provisions of Article 34 paragraph 2 of the 1945 Constitution also states that the state develops social security system for all people and empower the weak and incapable in accordance with human dignity. The fulfillment of labor rights by the company is a mandate of Law Number 13 Year 2003 on Manpower Article 86 paragraph 1 which states that every worker / laborer has the right to obtain protection for safety, health, morals, morals and treatment in accordance with the dignity and human dignity and religious values.Company policy in fulfilling labor rights on social security of labor is done through Collective Labor Agreement (PKB). In order to ensure the fulfillment of the right to social security of employment the Government of Tarakan City has issued Tarakan Mayor Instruction Number 2 Year 2014 on the Implementation of BPJS Employment Program through Licensing Administration in Tarakan City requiring employers / apprentices applying, extending permits to self-preservation and employee in BPJS Employment before the issuance of company licensing documents. The legal consequences for non-self-employed companies and their employees in the Employment BPJS program are subject to administrative sanctions to the imposition of criminal sanctions. While the legal consequences for the workforce are not able to claim compensation to BPJS Employment if experiencing work accident, death, pension and old age pension. Keyword: Rights of Worker, Company, Employment BPJS
{"title":"TANGGUNG JAWAB PERUSAHAAN DALAM PEMENUHAN JAMINAN SOSIAL KETENAGAKERJAAN DI KOTA TARAKAN","authors":"D. Manurung","doi":"10.35334/AY.V3I1.986","DOIUrl":"https://doi.org/10.35334/AY.V3I1.986","url":null,"abstract":"ABSTRACT Social security constitutes As a part of constitutional right for every citizen as mentioned in article 28 letter h paragraph 3 of the 1945 Constitution which states that everyone is entitled to social security which enables to development dignified human being. In addition, the provisions of Article 34 paragraph 2 of the 1945 Constitution also states that the state develops social security system for all people and empower the weak and incapable in accordance with human dignity. The fulfillment of labor rights by the company is a mandate of Law Number 13 Year 2003 on Manpower Article 86 paragraph 1 which states that every worker / laborer has the right to obtain protection for safety, health, morals, morals and treatment in accordance with the dignity and human dignity and religious values.Company policy in fulfilling labor rights on social security of labor is done through Collective Labor Agreement (PKB). In order to ensure the fulfillment of the right to social security of employment the Government of Tarakan City has issued Tarakan Mayor Instruction Number 2 Year 2014 on the Implementation of BPJS Employment Program through Licensing Administration in Tarakan City requiring employers / apprentices applying, extending permits to self-preservation and employee in BPJS Employment before the issuance of company licensing documents. The legal consequences for non-self-employed companies and their employees in the Employment BPJS program are subject to administrative sanctions to the imposition of criminal sanctions. While the legal consequences for the workforce are not able to claim compensation to BPJS Employment if experiencing work accident, death, pension and old age pension. Keyword: Rights of Worker, Company, Employment BPJS","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"89 6S 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125986315","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}
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, co
{"title":"Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan","authors":"Aryono Putra, Yasser Arafat","doi":"10.35334/AY.V3I1.982","DOIUrl":"https://doi.org/10.35334/AY.V3I1.982","url":null,"abstract":"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, co","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129295223","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}
AbstractThis 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.
{"title":"ETIKA JURNALISTIK DALAM PERSPEKTIF HUKUM ISLAM","authors":"Zainal Abidin Muhja, Liza Shahnaz","doi":"10.35334/AY.V5I2.1914","DOIUrl":"https://doi.org/10.35334/AY.V5I2.1914","url":null,"abstract":"AbstractThis 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.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133852820","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}
Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared to local regulations whose formation is influenced by political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law Number 12 of 2011 concerning the formation of regulations and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This research was expected to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation
{"title":"KEDUDUKAN PERATURAN MENTERI TERHADAP PEMBENTUKAN PERATURAN DAERAH","authors":"Riski Riski","doi":"10.35334/AY.V5I2.1912","DOIUrl":"https://doi.org/10.35334/AY.V5I2.1912","url":null,"abstract":"Regional Regulation which in principle are formed in the context of carrying out government affairs which are the authority of the regions, in fact are considered to be contrary to ministerial regulation. This is because the position and content of the ministerial regulation has not been regulated in the Law on the formation of regulation, while the level of dynamics of change is very high and fast compared to local regulations whose formation is influenced by political interests in the region and requires a long time. The problems discussed in this study were the legis ratio of the position of ministerial regulation according to Law Number 12 of 2011 concerning the formation of regulations and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This study aimed to determine the legis ratio of ministerial regulation according to Law Number 12 of 2011 concerning the formation of legislation and the juridical implications of the position of ministerial regulation on the formation of regional regulations. This research was expected to contribute thoughts both theoretically and practically to the dynamics of legal development in Indonesia. The research used normative juridical method that consisted of primary, secondary and non legal materials. From the results of the study it was concluded that, First, the position of ministerial regulation is a legislation that was formed based on the order of higher legislation (delegated legislation), while ministerial regulation which was formed based on authority is a policy regulation (Beleidsregel). Second, regional regulation must refer to and base their formation on ministerial regulation, if the ministerial regulations is formed based on the authority of attribution and/or delegation of the formation of legislation and its position contained in the hierarchy of statutory regulations and not formed based on the authority to administer government affairs (Bestuur). Keywords: Status of Regulations, Ministerial Regulation, Regional Regulation","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"333 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133957122","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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