176 research outputs found
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The Corruption Behavior in The Behind of Fatsun Leadership of Kiai in The Region of Madura, Indonesia
No full textNew corruption of the autonomous regions take a place, so that the government is unable to control the regional government. This is because the lack of supervision in the area during this is becoming the main factors a trigger regional heads to conduct corruption, and abuse of authority behind legitimacy leadership kiai. In addition, people in the they felt unable to be afraid to monitor and regional leaders, because it is still of cling values trach kiai. Hence, regional head lost his control. Local government administration as the base behavior corruption behind legitimacy leadership kiai because some respects, namely: (1) of the lack of supervision of the central government towards the regional government. (2) the the breadth of affairs which is the authority of the regional government. (3) of religiousness loss of values in self leader. (4) the weak regulation criminal sanctions for investors. (5) the lack of supervision of the society to the regional government. (6) values still a cling obedience the community against the figure of kiai. While the supporters become factors behavior corruption increasingly exist in perspective regional government reversed legitimacy leadership kiai, namely: (1) an opportunity patient office / erceived opportunity. (2) desire or the will to do corruption. (3) living expenses as pressure (lavish lifestyle as a necessity / living beyond one' s means, polygamy as a cost not light, promising welfare, promising removal of civil servants for temporary, promising free health
Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death: Perlindungan Hukum Terhadap Dokter Dalam Melakukan Tindakan Medis Yang Menyebabkan Pasien Meninggal Dunia
No full textThis research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.Penelitian ini dilakukan karena sering terjadi nya tuduhan dokter melakukan malpraktek. Tuduhan kesalahan tindakan medis ini sering dijumpai di lapangan. Tujuan dari peneli- tian ini yaitu: 1) mengkaji dan menganalisis bentuk-bentuk perlindungan hukum terhadap dokter/ dokter gigi dalam memberikan pelayanan medis yang berpraktek mandiri maupun yang bekerja di rumah sakit, 2) mengkaji dan menganalisis pertanggung jawaban hukum dokter / dokter gigi dalam menjalankan profesi kedokteran yang menyebabkan pasien meninggal dunia. Penelitian ini menggunakan pendekatan perundang-undangan ( statute approach ) dan pendekatan konseptual ( conseptual approach ) dilengkapi dengan pen- dekatan kasus ( case approach ). Hasil analisis pada penelitian ini yaitu Perlindungan hukum terhadap seorang dokter/ dokter gigi dibuktikan oleh negara melalui pasal 27 ayat (1) UU No. 36 Tahun 2009 tentang Kesehatan, pasal 50 point (a) UU No. 29 Tahun 2004 tentang Praktek Kedokteran, pasal 24 ayat (1)Peraturan Pemerintah No.32 Tahun 1996 tentang Tenaga Kesehatan dan pasal 57 point (a) UU No. 36 Tahun 2014 tentang Tenaga Kesehatan. Sedang perlindungan hukum bagi dokter/ dokter gigi yang bekerja di RS, selain hukum positif diatas juga berlaku pasal 46 UU No. 44 2009 tentang RS dan berlaku doktrine Respondeat Superior
A Comparative Study on Automatic Financial Exchange between Indonesia and Malaysia: Studi Banding Automatic Financial Exchange antara Indonesia dan Malaysia
No full textTaxpayer data and information from banking and finance institution could be guidance on any development. Therefore, it could be a corrective act to do the law enforcement on increasing Inland Revenue. Financial information exchange regarded to tax interests, besides by demanding way also could automatically way done (Automatic Exchange of Financial Account Information/AEol). Indonesia commitment was manifested by Multilateral Competent Authority Agreement signed after AEOI on 3rd June 2015. Indonesia agreed to start the financial information exchange automatically on September 2018. The followed-up Indonesia government commitment was on 8th May 2017. It had approved the financial information access no.1 2017 legislations as to tax interests. Then, one year later was set to be no.9 2017 legislations
E-Commerce Road Map as a Legal Protection for Consumers in The Digital Economic Era
No full textDigitalization of the economic field to welcome the era of industrial revolution 4.0 needs to be addressed intelligently so it is not harm the consumers and business actors through the transformation of consumer protection instruments into a more contemporary way. Currently, Indonesia has about 93.4 million Internet users and approximately 71 million users of smart phones which makes the internet and of course online transactions, as part of a lifestyle that is reflected through shopping behavior. The task of the State is to bring legal protection to consumers. Based on the consideration of actuality and urgency, to create the necessary level of certainty in business transactions and protect the consumer rights of e-commerce transactions the Government finally issued Presidential Regulation No. 74 of 2017. This regulation regulates the Electronic Road Based Electronic System Road Map (road map e-commerce). The Policy Package is intended to make Indonesia the largest digital economy in Southeast Asia by 2020. Legal umbrella is required in the form of law so that the state can provide a simultaneous and comprehensive legal protection of consumer rights in e-commerce transactions in the era of digital economy
Online-Based Transportation: Is It Legal? Transportasi Berbasis Online: Apakah Itu Legal?
No full textThis study aims to observe the legality of online-based transportation in Indonesia. As a law-abiding State, all the activities of the nation and the state shall be based on the regulation of law. However, on the other hand, the type of online-based transportation has potential to develop problems and also to trigger the pros and cons that exist in the community.This cons consider that the type of online-based transportation is illegal because it is not in accordance with the provisions of the applicable Law on Road, Traffic and Transportation, which states that business licensesare required for companies to have legal status. This is because the process of conducting conveyance consists series of actions to carry passengers, such as collecting fees which must be supported by a business license and a definite operating license. To be able to carry out transportation activities, the legal entity concerned must have an approbate business license
Increasing Referendum Participation in Accordance with the Philosophy of Samsen Resident’s in Thailand
No full textFollowing the referendum on the draft Constitution of the Kingdom of Thailand B.E. which was held on 7 August 2016, it revealed that most voters approved this draft constitution. Nevertheless, in this study of Samsen Community’s people who voted, they have their opinions about the political structure which are; Thailand is ready for the 2-party system, the qualification of the candidate should be graduated with a bachelor’s degree, and the head of the government should come from the party with a majority vote. Additionally, they disagree about the prime minister who comes from the senator’s nomination, and the senator should not have the authority of controlling the independent entity
Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan
No full textoai:journal.umsida.ac.id:article/18The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc
Legal Mismatch on Illegal Sand Mining in Indonesia: an Example in Sleman, Indonesia: Ketidaksesuaian Hukum Pada Penambangan Pasir Ilegal di Indonesia: Contoh di Sleman, Indonesia)
No full textThe purpose of this study was to determine the implementation of regulations on illegal sand mining activities in Sleman Regency. The approach used is a legal regulation approach.
The results of the study found that the implementation of regulations in illegal sand mining activities in Sleman Regency had not been implemented properly. In fact there are many violations committed by miners in running their businesses, and many mining activities are carried out illegally without having a mining business permit. In addition, the obstacle faced in implementing the regulation is that the miners believe that the sand they take is a blessing due to the eruption of Mount Merapi, so they assume that they can mine in large quantities. In addition, there are limitations to regional budgets that often become obstacles in implementing reclamation as an act of restoring environmental damage carried out by the Environment Agency both at the provincial and district / city levels as well as the limited number of personnel and experts
The Completion of Terrorism According to the Indonesian Positive Law : Penyelesaian Terorisme Menurut Hukum Positif Indonesia
No full textIn positive law, completion of terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system
For The Many, Not the Few: Case Analysis of Bukit Duri Forced Eviction in Jakarta
No full textThe International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights allow states to conduct forced eviction as long as it is carried out within the given boundaries. This journal will comprehensively elaborate each standards given by the two international human rights covenants as well as the implementation of those standards in the cases of Human Rights Committee and Committee on Economic, Social and Cultural Rights. The standards will then be applied to analyze the case of forced eviction in Bukit Duri, South Jakarta, in the year of 2016. Based on the literature review and the interviews that have been conducted, it can be concluded that states can justify their action of forced eviction if it fulfills the standards of ‘lawful’ and ‘non-arbitrary’. The Bukit Duri forced eviction did not fulfill those standards