Pub Date : 2022-04-10DOI: 10.37303/magister.v10i2.39
U. Mustika
This article wants to find the legal politics of authorizing forensic psychologists to make statements on client data in the media as stipulated in the Indonesian Code of Ethics of Psychology. Consistency between regulations in the code of ethics in formulating objectives and achieving regulatory objectives needs to be studied, as well as consistency between the content of the code of ethics regulations and the content of applicable laws and regulations in Indonesia. Forensic psychology is part of 18 sub-fields of psychology. Forensic Psychology services can be performed by a psychologist of one psychological scientist to assist law enforcement in legal proceedings inside and outside the court, research and educational needs. Based on the study of legal politics, it can be found that the legal regulations contained in the Code of Ethics are clearly intended to help law enforcement, researchers, and educators to understand phenomena, but the process and content of forensic psychologist statements on clients must always protect client privacy. Normatively, there are no inconsistencies in all regulations in the code of ethics, and all the contents of the code of ethics are in harmony with the laws and regulations governing education, research, law enforcement, and confidentiality of personal data. Thus, from the study of legal politics has been found consistency between goals, ways, and efforts so that it is clearly illustrated the politics of law granting authority, namely for the development of education and law enforcement without disturbing client privacy. Keywords: Legal Politics, Psychologist, Psychology Scientist, Mass Media, Forensic Psychology
{"title":"POLITIK HUKUM PENGATURAN WEWENANG PSIKOLOG DAN ILMUWAN PSIKOLOGI DALAM PENYAMPAIAN PERNYATAAN MELALUI MEDIA MASSA TERKAIT DENGAN PSIKOLOGI FORENSIK","authors":"U. Mustika","doi":"10.37303/magister.v10i2.39","DOIUrl":"https://doi.org/10.37303/magister.v10i2.39","url":null,"abstract":"This article wants to find the legal politics of authorizing forensic psychologists to make statements on client data in the media as stipulated in the Indonesian Code of Ethics of Psychology. Consistency between regulations in the code of ethics in formulating objectives and achieving regulatory objectives needs to be studied, as well as consistency between the content of the code of ethics regulations and the content of applicable laws and regulations in Indonesia. Forensic psychology is part of 18 sub-fields of psychology. Forensic Psychology services can be performed by a psychologist of one psychological scientist to assist law enforcement in legal proceedings inside and outside the court, research and educational needs. Based on the study of legal politics, it can be found that the legal regulations contained in the Code of Ethics are clearly intended to help law enforcement, researchers, and educators to understand phenomena, but the process and content of forensic psychologist statements on clients must always protect client privacy. Normatively, there are no inconsistencies in all regulations in the code of ethics, and all the contents of the code of ethics are in harmony with the laws and regulations governing education, research, law enforcement, and confidentiality of personal data. Thus, from the study of legal politics has been found consistency between goals, ways, and efforts so that it is clearly illustrated the politics of law granting authority, namely for the development of education and law enforcement without disturbing client privacy. \u0000Keywords: Legal Politics, Psychologist, Psychology Scientist, Mass Media, Forensic Psychology","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"42 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114042731","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 : 2022-04-10DOI: 10.37303/magister.v10i2.37
Gunawan Marsudi
This paper discusses the implementation of Maturity (for brides-to-be) in the Bawean Religious Court. With the number of marriages occurring in Indonesia, the government issued Law No. 1 of 1974 concerning Marriage. One of the conditions in the Marriage Law regulates the lowest age limit for marriage. But in addition to being regulated regarding the lowest age limit for marriage, it is also regulated about the possibility of deviation from the lowest age limit in marriage through dispensation granted by the court. The formulation of the problem taken in this writing is (1) What is the procedure for applying for marriage dispensation in the Bawean Religious Court after the enactment of Law No. 1 of 1974 concerning Marriage?; and (2) What is the basis for the Judge's Consideration in giving a verdict or determination of the maturation of the bride-to-be in the Bawean Religious Court? . The research method uses a normative juridical approach , namely by reviewing Law No. 1 of 1974 concerning Marriage and Judge No. 6/Pdt.P/2017/PA. Bwn is related to the maturation of people. The results found are (1) The procedure for applying for marriage dispensation in the Religious Court is submitted by the parents of both men and women to the Religious Court that occupies the territory of residence, the Religious Court after examining in the trial and believing that there are things that make it possible to grant the Dispensation, then the Religious Court grants marriage dispensation with a determination; (2) The basis for consideration of granting maturation to prospective women in the Bawean Court is the concern of parents who see their child's relationship too close to their partner when they are not yet bound by a legal marriage will cause adverse effects if allowed to continue, such as adultery, extramarital pregnancy, marriage under hand. Keywords: Judge Considerations, Maturity, Marriage.
{"title":"PERTIMBANGAN HAKIM DALAM PENDEWASAAN ORANG (STUDI DI PENGADILAN AGAMA BAWEAN PADA CALON MEMPELAI PEREMPUAN)","authors":"Gunawan Marsudi","doi":"10.37303/magister.v10i2.37","DOIUrl":"https://doi.org/10.37303/magister.v10i2.37","url":null,"abstract":"This paper discusses the implementation of Maturity (for brides-to-be) in the Bawean Religious Court. With the number of marriages occurring in Indonesia, the government issued Law No. 1 of 1974 concerning Marriage. One of the conditions in the Marriage Law regulates the lowest age limit for marriage. But in addition to being regulated regarding the lowest age limit for marriage, it is also regulated about the possibility of deviation from the lowest age limit in marriage through dispensation granted by the court. The formulation of the problem taken in this writing is (1) What is the procedure for applying for marriage dispensation in the Bawean Religious Court after the enactment of Law No. 1 of 1974 concerning Marriage?; and (2) What is the basis for the Judge's Consideration in giving a verdict or determination of the maturation of the bride-to-be in the Bawean Religious Court? . The research method uses a normative juridical approach , namely by reviewing Law No. 1 of 1974 concerning Marriage and Judge No. 6/Pdt.P/2017/PA. Bwn is related to the maturation of people. The results found are (1) The procedure for applying for marriage dispensation in the Religious Court is submitted by the parents of both men and women to the Religious Court that occupies the territory of residence, the Religious Court after examining in the trial and believing that there are things that make it possible to grant the Dispensation, then the Religious Court grants marriage dispensation with a determination; (2) The basis for consideration of granting maturation to prospective women in the Bawean Court is the concern of parents who see their child's relationship too close to their partner when they are not yet bound by a legal marriage will cause adverse effects if allowed to continue, such as adultery, extramarital pregnancy, marriage under hand. \u0000 \u0000Keywords: Judge Considerations, Maturity, Marriage.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128978749","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 : 2022-04-10DOI: 10.37303/magister.v10i2.38
Irnawati Irnawati
The law in limiting power lies from the formation of regulations by authorized bodies. Regulations cannot be separated from the Government / legislative institutions that make laws and regulations, both in the Central and Regional Governments. The formulation of the issues raised are (1) How is the legal concept in limiting the increasing regulation and (2) How to strive for increased harmonization so that in making regulations in the area can be in line with the existing regulations in the center. This type of research is juridical-normative using a conceptual approach. The results of the discussion are first, the legal concept in limiting the increasing regulation by applying attribution authority appropriately and making regulations according to needs. Second, efforts to increase harmonization in the making of regulations between the Center and the Regions with harmonization for quality and appropriate regulations. Keywords: legal concepts, restrictions powers, regulatory.
{"title":"KONSEP HUKUM PEMBATASAN KEKUASAAN REGULASI DI INDONESIA","authors":"Irnawati Irnawati","doi":"10.37303/magister.v10i2.38","DOIUrl":"https://doi.org/10.37303/magister.v10i2.38","url":null,"abstract":"The law in limiting power lies from the formation of regulations by authorized bodies. Regulations cannot be separated from the Government / legislative institutions that make laws and regulations, both in the Central and Regional Governments. The formulation of the issues raised are (1) How is the legal concept in limiting the increasing regulation and (2) How to strive for increased harmonization so that in making regulations in the area can be in line with the existing regulations in the center. This type of research is juridical-normative using a conceptual approach. The results of the discussion are first, the legal concept in limiting the increasing regulation by applying attribution authority appropriately and making regulations according to needs. Second, efforts to increase harmonization in the making of regulations between the Center and the Regions with harmonization for quality and appropriate regulations. \u0000Keywords: legal concepts, restrictions powers, regulatory.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114558660","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 : 2022-04-10DOI: 10.37303/magister.v10i2.36
Imam Mashuda, Agus Pramono
The doctor-patient relationship is a pattern that is born between doctors and patients before continuing on health service actions. Health services are a sub-system of health services whose main objective is health services in terms of preventive (prevention), promotive (health improvement), curative (health healing) and rehabilitative (recovery) efforts. excellent and in accordance with standard procedures and standard operating procedures for health services. This service is all efforts deployed by the government in improving the quality of excellent health services and in accordance with the standards of procedures and operational standards of health care procedures. The legal development of doctors and patients as the development of science in the field of health law has changed, originally the position of patients was considered not equal to doctors. Doctors are considered to know the most about their patients, the position of the patient is very passive, which depends on the doctor. This relationship in its development undergoes a change in pattern. The formulation raised in this writing is how the legal relationship between patients and doctors in health services. The research method used is juridical-normative by using the approach of legislation. The result of this study is that the relationship between doctors and patients in health services is equivalent. All medical actions that the doctor will take on his patient must get approval from the patient, after the patient gets a sufficient explanation of all the ins and outs of the disease and the efforts of medical action. The legal relationship between doctors and patients in health services is inseparable and has concrete relevance, so that doctors and patients are an integral part of cooperation in therapeutic transactions. Keywords: Patients, Medical Personnel (doctors), Legal relations.
{"title":"HUBUNGAN ANTARA DOKTER DENGAN PASIEN DALAM PELAYANAN KESEHATAN DILIHAT DARI PERSPEKTIF HUKUM","authors":"Imam Mashuda, Agus Pramono","doi":"10.37303/magister.v10i2.36","DOIUrl":"https://doi.org/10.37303/magister.v10i2.36","url":null,"abstract":"The doctor-patient relationship is a pattern that is born between doctors and patients before continuing on health service actions. Health services are a sub-system of health services whose main objective is health services in terms of preventive (prevention), promotive (health improvement), curative (health healing) and rehabilitative (recovery) efforts. excellent and in accordance with standard procedures and standard operating procedures for health services. This service is all efforts deployed by the government in improving the quality of excellent health services and in accordance with the standards of procedures and operational standards of health care procedures. The legal development of doctors and patients as the development of science in the field of health law has changed, originally the position of patients was considered not equal to doctors. Doctors are considered to know the most about their patients, the position of the patient is very passive, which depends on the doctor. This relationship in its development undergoes a change in pattern. The formulation raised in this writing is how the legal relationship between patients and doctors in health services. The research method used is juridical-normative by using the approach of legislation. The result of this study is that the relationship between doctors and patients in health services is equivalent. All medical actions that the doctor will take on his patient must get approval from the patient, after the patient gets a sufficient explanation of all the ins and outs of the disease and the efforts of medical action. The legal relationship between doctors and patients in health services is inseparable and has concrete relevance, so that doctors and patients are an integral part of cooperation in therapeutic transactions. \u0000 \u0000Keywords: Patients, Medical Personnel (doctors), Legal relations.","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128239502","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 : 2022-04-10DOI: 10.37303/magister.v10i2.35
Abraham Gunawan Wicaksana
Pre-trial is part of the criminal justice system regulated in KUHAP which normatively regulates the authority of the local district court to investigate and decide whether the arrest and / or deprivation of liberty is legal or not, or the request of the suspect or his family or other parties or representatives of the suspect; whether termination of investigation or prosecution is lawful upon request; as well as requests for compensation or rehabilitation submitted by the suspect or his family or other parties or attorneys whose cases are referred to the local district court for compliance with law and trial, but in fact there are pretrial regulations other than KUHAP which result in the expansion of pretrial authority, this article uses juridical normatives method, with statute approach and conceptual approach, for analyst some regulation of law about pretrial hearing for find new construct about limitation pretrial hearing in criminal justice system. Keywords : pretrial hearing, suspect, investigation, authority
{"title":"REKONSTRUKSI RUANG LINGKUP KEWENANGAN PRAPERADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA","authors":"Abraham Gunawan Wicaksana","doi":"10.37303/magister.v10i2.35","DOIUrl":"https://doi.org/10.37303/magister.v10i2.35","url":null,"abstract":"Pre-trial is part of the criminal justice system regulated in KUHAP which normatively regulates the authority of the local district court to investigate and decide whether the arrest and / or deprivation of liberty is legal or not, or the request of the suspect or his family or other parties or representatives of the suspect; whether termination of investigation or prosecution is lawful upon request; as well as requests for compensation or rehabilitation submitted by the suspect or his family or other parties or attorneys whose cases are referred to the local district court for compliance with law and trial, but in fact there are pretrial regulations other than KUHAP which result in the expansion of pretrial authority, this article uses juridical normatives method, with statute approach and conceptual approach, for analyst some regulation of law about pretrial hearing for find new construct about limitation pretrial hearing in criminal justice system. \u0000Keywords : pretrial hearing, suspect, investigation, authority","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126577115","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 : 2022-03-03DOI: 10.37303/magister.v10i1.28
Untung Regama
The use of CCTV (Television Closed Circuit Television) evidence as evidence still causes claims. Some are automatically used as evidence, and some are not in court proceedings. This research aims to find why CCTV equipment can be used as evidence and evidence used for CCTV equipment. The type of research used by the author is that this study will be prepared using a type of normative juridical research. The research method uses the statutory approach. Secondary legal materials examine secondary primary legal materials in the form of literature studies (literature, research results, scientific magazines, scientific bulletins, scientific journals.) concerning legal understanding, legal norms, legal theories, and doctrines related to the topic in question. The results of this study are normative authors who issued a second view recording CCTV as an electronic evidence device that won evidence in the Criminal Procedure Code. As proof, CCTV is strong and has a value of proof, must meet the provisions that are guaranteed originality and authenticity, have relevance to the subject matter, and the relevance of the relationship with one contribution to another evidence. These provisions must be with the procedures and regulations that have been determined by applicable legislation. Implementation of evidence in CCTV cameras is still experiencing problems, namely legal and non-legal constraints. Keywords: CCTV, Proof, Judiciary Criminal
{"title":"KEBERADAAN REKAMAN CLOSED CIRCUIT TELEVISION (CCTV) DALAM PEMBUKTIAN PADA SISTEM PERADILAN PIDANA INDONESIA","authors":"Untung Regama","doi":"10.37303/magister.v10i1.28","DOIUrl":"https://doi.org/10.37303/magister.v10i1.28","url":null,"abstract":"The use of CCTV (Television Closed Circuit Television) evidence as evidence still causes claims. Some are automatically used as evidence, and some are not in court proceedings. This research aims to find why CCTV equipment can be used as evidence and evidence used for CCTV equipment. The type of research used by the author is that this study will be prepared using a type of normative juridical research. The research method uses the statutory approach. Secondary legal materials examine secondary primary legal materials in the form of literature studies (literature, research results, scientific magazines, scientific bulletins, scientific journals.) concerning legal understanding, legal norms, legal theories, and doctrines related to the topic in question. The results of this study are normative authors who issued a second view recording CCTV as an electronic evidence device that won evidence in the Criminal Procedure Code. As proof, CCTV is strong and has a value of proof, must meet the provisions that are guaranteed originality and authenticity, have relevance to the subject matter, and the relevance of the relationship with one contribution to another evidence. These provisions must be with the procedures and regulations that have been determined by applicable legislation. Implementation of evidence in CCTV cameras is still experiencing problems, namely legal and non-legal constraints. \u0000 \u0000Keywords: CCTV, Proof, Judiciary Criminal","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133045407","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 : 2022-03-02DOI: 10.37303/magister.v10i1.26
GP. Aditya Prawira Negara
Law enforcement in Indonesia in the case of Corruption Crimes outlined in Transparency International (IT) data Indonesia is still considered the most corrupt. Such conditions require the handling of criminal acts that are "extraordinary" (extra-ordinary enforcement) including law enforcement against corporate actors. Currently, the enforcement of tipikor law against corporate actors is not only focused on the person / manager but also focused on the corporation. In the Tipikor Law, the law enforcement of corporate actors uses 3 doctrines namely identification theory, vicarious liablity and strict liability and the model of criminal liability using administrators can be accounted for criminal together with corporations. Related to the procedures of law enforcement tipikor conducted by the corporation based on the knowledge and experience of each law enforcement officer and to overcome the problem MA issued Perma Number 13 of 2016 on Procedures for Handling Criminal Acts by Corporations. This is done to fill the legal void related to the handling of criminal acts with corporate actors who have not been clearly and firmly regulated. Enforcement of tipikor law by corporations experiencing several obstacles, among others, the main criminal sanctions are only in the form of fines {article 20 paragraph (7) of the Tipikor Law, which if the perpetrator does not want to pay there is no other alternative. The death penalty in article 2 paragraph (2) of the Tipikor Law cannot be applied to corporations. In addition, Perma Number 13 of 2016 cannot be used as a reference by investigators or public prosecutors because the Perma is binding into including criminal sanctions are still in the form of fines, have not regulated the mechanism of withdrawal of corporate criminal liability. Keywords : Law Enforcement, Criminal Acts, Corruption, Corporations
{"title":"PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA TERHADAP PELAKU KORPORASI","authors":"GP. Aditya Prawira Negara","doi":"10.37303/magister.v10i1.26","DOIUrl":"https://doi.org/10.37303/magister.v10i1.26","url":null,"abstract":"Law enforcement in Indonesia in the case of Corruption Crimes outlined in Transparency International (IT) data Indonesia is still considered the most corrupt. Such conditions require the handling of criminal acts that are \"extraordinary\" (extra-ordinary enforcement) including law enforcement against corporate actors. Currently, the enforcement of tipikor law against corporate actors is not only focused on the person / manager but also focused on the corporation. In the Tipikor Law, the law enforcement of corporate actors uses 3 doctrines namely identification theory, vicarious liablity and strict liability and the model of criminal liability using administrators can be accounted for criminal together with corporations. Related to the procedures of law enforcement tipikor conducted by the corporation based on the knowledge and experience of each law enforcement officer and to overcome the problem MA issued Perma Number 13 of 2016 on Procedures for Handling Criminal Acts by Corporations. This is done to fill the legal void related to the handling of criminal acts with corporate actors who have not been clearly and firmly regulated. Enforcement of tipikor law by corporations experiencing several obstacles, among others, the main criminal sanctions are only in the form of fines {article 20 paragraph (7) of the Tipikor Law, which if the perpetrator does not want to pay there is no other alternative. The death penalty in article 2 paragraph (2) of the Tipikor Law cannot be applied to corporations. In addition, Perma Number 13 of 2016 cannot be used as a reference by investigators or public prosecutors because the Perma is binding into including criminal sanctions are still in the form of fines, have not regulated the mechanism of withdrawal of corporate criminal liability. \u0000Keywords : Law Enforcement, Criminal Acts, Corruption, Corporations","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115066060","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 : 2022-03-01DOI: 10.37303/magister.v10i1.22
Ilfani Helwina Rosaria
This article aims to discuss about the legal arrangements against of based on legal policy in Indonesia. With restrictions on the place of practice creates legal uncertainly. Forms of constitutional loss experienced by doctors are reduced or limited space for the medical profession. Meanwhile, on the other hand, the restrictions on the place of practice make public access to obtain and choose adequate and quality health services no longer possible to actualize properly, considering that safe, quality and affordable health services are also the right of all Indonesian people. Type of this research is normative juridical research, with the approach of related laws and regulations, the collection of legal materials is carried out by literature study, namely collecting legal materials with a systematic method. The obtained data were then collected and analized in depth, then submitted descriptive qualitatively. The results showed that the restrictions of doctor’s practice license in three places as regulated in Article 37 paragraph (2) of the Medical Practice Law is based on various considerations and wich is not contradicting with the 1945 Constitution of the Republic of Indonesia. In addition, it can provide legal protection for doctors as health provider as well and the patients as health receiver. Keywords: Legal Policy, Restrictions, Doctor’s practice
{"title":"POLITIK HUKUM PEMBATASAN TEMPAT PRAKTIK DOKTER","authors":"Ilfani Helwina Rosaria","doi":"10.37303/magister.v10i1.22","DOIUrl":"https://doi.org/10.37303/magister.v10i1.22","url":null,"abstract":"This article aims to discuss about the legal arrangements against of based on legal policy in Indonesia. With restrictions on the place of practice creates legal uncertainly. Forms of constitutional loss experienced by doctors are reduced or limited space for the medical profession. Meanwhile, on the other hand, the restrictions on the place of practice make public access to obtain and choose adequate and quality health services no longer possible to actualize properly, considering that safe, quality and affordable health services are also the right of all Indonesian people. Type of this research is normative juridical research, with the approach of related laws and regulations, the collection of legal materials is carried out by literature study, namely collecting legal materials with a systematic method. The obtained data were then collected and analized in depth, then submitted descriptive qualitatively. The results showed that the restrictions of doctor’s practice license in three places as regulated in Article 37 paragraph (2) of the Medical Practice Law is based on various considerations and wich is not contradicting with the 1945 Constitution of the Republic of Indonesia. In addition, it can provide legal protection for doctors as health provider as well and the patients as health receiver. \u0000 \u0000Keywords: Legal Policy, Restrictions, Doctor’s practice","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116811625","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 : 2022-03-01DOI: 10.37303/magister.v12i2.21
Bella Diana Putri
The development of the business world in Indonesia is currently increasingly modern and sophisticated, where this development is followed by the development of a society that has a consumptive lifestyle, so that it becomes a trigger and impetus for business actors who commit crimes in the economic field. The subject of crime in the economic field is not only committed by individuals but also corporations. In this study there are two problems, namely (1). What is the liability of corporations in economic crimes according to the Emergency Law Number 7 of 1955? (2) What is the current criminal law policy regarding corporate criminal liability? The research method used is a normative legal research method with a statute approach, a comparative approach and an analytical and conceptual approach. The results of the research are (1) Corporate accountability in economic crimes according to the Emergency Law Number 7 of 1955 concerning Investigation, Prosecution, and Judiciary of Economic Crimes, regulated in Article 15. The policy of corporate responsibility in the UUTPE is also strengthened by the Supreme Court Regulation Number 13 2016 concerning Procedures for Handling Criminal Cases by Corporations. (2) The Criminal Code does not regulate corporations as the subject of criminal acts that can be accounted for in criminal law and several laws outside the Criminal Code have regulated corporations as subjects of criminal acts that can be accounted for in criminal law, but are still partial and inconsistent Keywords: Corporation, Economic Crime
{"title":"PERTANGGUNGJAWABAN KEJAHATAN KORPORASI DALAM TINDAK PIDANA EKONOMI MENURUT UNDANG-UNDANG DARURAT NOMOR 7 TAHUN 1955","authors":"Bella Diana Putri","doi":"10.37303/magister.v12i2.21","DOIUrl":"https://doi.org/10.37303/magister.v12i2.21","url":null,"abstract":"The development of the business world in Indonesia is currently increasingly modern and sophisticated, where this development is followed by the development of a society that has a consumptive lifestyle, so that it becomes a trigger and impetus for business actors who commit crimes in the economic field. The subject of crime in the economic field is not only committed by individuals but also corporations. In this study there are two problems, namely (1). What is the liability of corporations in economic crimes according to the Emergency Law Number 7 of 1955? (2) What is the current criminal law policy regarding corporate criminal liability? The research method used is a normative legal research method with a statute approach, a comparative approach and an analytical and conceptual approach. The results of the research are (1) Corporate accountability in economic crimes according to the Emergency Law Number 7 of 1955 concerning Investigation, Prosecution, and Judiciary of Economic Crimes, regulated in Article 15. The policy of corporate responsibility in the UUTPE is also strengthened by the Supreme Court Regulation Number 13 2016 concerning Procedures for Handling Criminal Cases by Corporations. (2) The Criminal Code does not regulate corporations as the subject of criminal acts that can be accounted for in criminal law and several laws outside the Criminal Code have regulated corporations as subjects of criminal acts that can be accounted for in criminal law, but are still partial and inconsistent \u0000 \u0000Keywords: Corporation, Economic Crime","PeriodicalId":441760,"journal":{"name":"Jurnal Magister Hukum Perspektif","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132490394","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 : 2022-03-01DOI: 10.37303/magister.v12i2.20
Elizabeth Nanik Khrisnawati
Efforts to combat corruption in Indonesia have been made in a variety of ways, but corruption continues to be perpetrated in a variety of ways by a variety of institutions, not least against village funds. The writing style is juridical-normative, with a statutory approach and examples of corruption in the village. Corruption poses a number of threats to society and individuals, the younger generation, politics, the nation's economy, and the bureaucracy. There are obstacles to combating corruption, including structural, cultural, instrumental, and management barriers. Corruption is defined as the unnatural behavior of public officials, including politicians and state employees, to enrich themselves or a nearby group by using the power entrusted to them, according to the law of eradicating corruption, which is one of the most important agendas in overcoming corruption cases of corruption criminal courts, which are institutions that are trusted to handle a case. Corruption investigates and decides on a case. Keywords: Village Fund, Corruption, History of Corruption, Law Enforcement of Corruption in Indonesia
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