Medical records contain confidential information of patient’s medical condition and treatment given. In the public interest or for the sake of law enforcement, the confidentiality of medical records may be breached. Stake holders (patients, health workers and law enforcers) should take cognizance of what procedures and limitation exist when requesting the acquisition of medical records in the public interest. Using a juridical doctrinal method, the prevailing rules and regulation related to medical record and its breach of confidentiality shall be analysed. One important finding is that there is a dire need to seek a balance between satisfying public interest and the protection of patient’s privacy rights.
{"title":"REKAM MEDIS: PENGGUNAAN INFORMASI MEDIS PASIEN DALAM PELAKSANAAN ASAS PERLINDUNGAN PUBLIK","authors":"Y. Wijaya, Edy Suyanto, Fanny Tanuwijaya","doi":"10.25123/vej.3717","DOIUrl":"https://doi.org/10.25123/vej.3717","url":null,"abstract":"Medical records contain confidential information of patient’s medical condition and treatment given. In the public interest or for the sake of law enforcement, the confidentiality of medical records may be breached. Stake holders (patients, health workers and law enforcers) should take cognizance of what procedures and limitation exist when requesting the acquisition of medical records in the public interest. Using a juridical doctrinal method, the prevailing rules and regulation related to medical record and its breach of confidentiality shall be analysed. One important finding is that there is a dire need to seek a balance between satisfying public interest and the protection of patient’s privacy rights.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44538269","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 legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.
{"title":"PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI","authors":"Debiana Dewi Sudradjat","doi":"10.25123/vej.3796","DOIUrl":"https://doi.org/10.25123/vej.3796","url":null,"abstract":"The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48866840","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}
In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia.
{"title":"SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA","authors":"Khotibul Umam","doi":"10.25123/vej.3629","DOIUrl":"https://doi.org/10.25123/vej.3629","url":null,"abstract":"In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41942075","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}
Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples.
{"title":"DISPENSASI KAWIN AKIBAT HAMIL DI LUAR PERKAWINAN DAN DAMPAKNYA PADA FORMULASI PIDANA ZINA","authors":"Thogu Ahmad Siregar, Petrus Richard Sianturi","doi":"10.25123/vej.3702","DOIUrl":"https://doi.org/10.25123/vej.3702","url":null,"abstract":"Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41764262","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}
This article addressed the question, from a juridical empirical approach) to what extent the making and implementation of a new curriculum at formal educational institution at Madura containing lesson for the preservation and development of local corn cultivation and agriculture may have positive impact on the enhancement of the local economy. Field study is conducted at the Sumenep district. The main finding is that the regional autonomy policy opens up the possibility for regional/local government to make and implement educational policy introducing a new curriculum containing lesson in local corn cultivation and corn agribusiness. This new curriculum may be implemented at the basic school up to the intermediate level with the purpose of strengthening local culture, i.e., traditional corn cultivation. With that in mind a regional regulation should be issued providing the legal basis for the above policy.
{"title":"FORMULASI KEBIJAKAN PEMBENTUKAN KURIKULUM MUATAN LOKAL BUDIDAYA DAN AGRIBISNIS JAGUNG","authors":"Lucky Nugroho, Aprilina Pawestri, Indah Setyo Wardhani","doi":"10.25123/vej.3473","DOIUrl":"https://doi.org/10.25123/vej.3473","url":null,"abstract":"This article addressed the question, from a juridical empirical approach) to what extent the making and implementation of a new curriculum at formal educational institution at Madura containing lesson for the preservation and development of local corn cultivation and agriculture may have positive impact on the enhancement of the local economy. Field study is conducted at the Sumenep district. The main finding is that the regional autonomy policy opens up the possibility for regional/local government to make and implement educational policy introducing a new curriculum containing lesson in local corn cultivation and corn agribusiness. This new curriculum may be implemented at the basic school up to the intermediate level with the purpose of strengthening local culture, i.e., traditional corn cultivation. With that in mind a regional regulation should be issued providing the legal basis for the above policy.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48487806","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}
It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.
{"title":"PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY","authors":"Elvira Fitriyani Pakpahan, Lio Chandra, Ananta Aria Dewa","doi":"10.25123/vej.3778","DOIUrl":"https://doi.org/10.25123/vej.3778","url":null,"abstract":"It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46406463","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}
As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice.
{"title":"PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS","authors":"A. Efendi","doi":"10.25123/vej.3694","DOIUrl":"https://doi.org/10.25123/vej.3694","url":null,"abstract":"As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47420796","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}
Quality of legislation, undoubtedly, is influenced by the preliminary legal research conducted. But there is more, as a number of members of the Organization for Economic Co-operation and Development (OECD) in this context also utilizes impact assessment studies to guarantee good legislations. The question discussed here is to whether impact assessment study should also be used by the Indonesian parliament. By looking at countries which already implement this approach, it is found that such impact assessment study can only be performed if experts are readily available. In any case, the author recommends that the government adopt this approach in the making of statutes.
{"title":"TANTANGAN PENERAPAN ANALISIS DAMPAK DALAM LEGISLASI INDONESIA","authors":"Victor Imanuel W. Nalle, Jennis Kristina","doi":"10.25123/vej.3447","DOIUrl":"https://doi.org/10.25123/vej.3447","url":null,"abstract":"Quality of legislation, undoubtedly, is influenced by the preliminary legal research conducted. But there is more, as a number of members of the Organization for Economic Co-operation and Development (OECD) in this context also utilizes impact assessment studies to guarantee good legislations. The question discussed here is to whether impact assessment study should also be used by the Indonesian parliament. By looking at countries which already implement this approach, it is found that such impact assessment study can only be performed if experts are readily available. In any case, the author recommends that the government adopt this approach in the making of statutes.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42142311","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 Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.
{"title":"ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019","authors":"Bernadette M. Waluyo","doi":"10.25123/vej.3883","DOIUrl":"https://doi.org/10.25123/vej.3883","url":null,"abstract":"The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. ","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42439785","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}
Amelia Cahyadini, Abi Ma’ruf Radjab, Chyntia Pinky
In the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted. In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction. This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion.
{"title":"MUTASI: BENTUK SANKSI DI BIDANG KEPEGAWAIAN?","authors":"Amelia Cahyadini, Abi Ma’ruf Radjab, Chyntia Pinky","doi":"10.25123/vej.3425","DOIUrl":"https://doi.org/10.25123/vej.3425","url":null,"abstract":"In the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted. In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction. This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43923517","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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