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The Advantages Of E-Health And Its Impact On Patient’s Right Of Privacy
E-health has become a life style in many countries. The emergence of e-health was an avoidable consequence of the development of the information and communication technology in the world. It is undeniable that e-health offers both quick and comfortable health service. It introduces a new form of relationship between health care provider and health care receiver. However, it also brings bad impact, especially related to the patient’s right of privacy. In order to protect the patient’s right of privacy from any transgression, a specific regulation governing e-health is needed. Such a regulation has existed in many countries including in Malaysia. In Malaysia, the government has enacted Personal Data Protection Act 2005. The purpose of this paper is to explore the advantages of e-Health on serving the modern society and its negative impacts, especially pertaining to the issue of privacy. The discussion regarding privacy will be focused on the privacy of patient who enters into new form of relationship with healthcare service provider through internet
ARAH DAN KEBIJAKAN PENINGKATAN DAYA SAING INVESTASI MELALUI REKONSTRUKSI POLITIK HUKUM PAJAK
Large tax revenues, by pressing the real sector / investment is a mistake. Because of the weakening of the investment is decreasing purchasing power and affordability, resulting in reduced tax revenues. Tax reform must be able to improve the competitiveness of, and enthusiasm to invest. Since the development of businesses will increase tax revenues. Very influential tax policy on investment, because according to business circles, the tax is the biggest investment constraints, in addition to security issues, legal, labor, local autonomy and smuggling.Political reconstruction is carried out through tax law include: simplification of administrative procedures, improve taxpayer awareness, application of the principle of Self Asessment System is credible, accountable and consistent, tariff adjustment to increase competitiveness, expand the tax base to increase state revenues. In order to increase competitiveness with other countries, have put forward the principle of fairness and neutrality in tariff setting, and provide encouragement for the development of small businesses. Tax rate structure that applies to modified and simplified in stages, planned, differentiation rates, and simplification of the layer that is intended to provide greater tax burden proportional to each taxpayer groups
POLITIK HUKUM PENGELOLAAN LINGKUNGAN DAN REFLEKSINYA DALAM PRODUK HUKUM OTONOMI DAERAH
The objectives of this research are to study environmental legal policy and its reflection in local autonomy legal product. This research is a doctrinal legal research which studies positive legal norm and ideal concept of environmental legal policy in local autonomy perspective. The results of this research show that local autonomy legal policy is not reflecting of environmental legal policy which is based on ecosystem approach. Distribution of environmental management authority is more focused on controlling aspect and administrative approach. The local environmental institution is weak and its nomenclature is varieties, even some of provinces and regencies unite it with the other institution which has environmental exploitation authority
PENANGANAN PEMBIAYAAN BERMASALAH DALAM PELAKSANAAN AKAD DENGAN PRINSIP MURABAHAH DI BANK MUAMALAT INDONESIA CABANG YOGYAKARTA
Fakultas Hukum, , Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta,55183 Indonesia. ABSTRACT The aim of this research is to understand the aspect of settlement law of financial problem, handling of financial problem and law attainment used for the solution of financial problem within the implementation of principally murabahah covenant in Indonesian Muamalat Bank, particularly in Yogyakarta. The final conclusion for this research is the handling of financial problem within the implementation of principally murabahah covenant in Indonesian Mualamat Bank through redemption and settlements acts of financial problem. The redemption act is done by rescheduling. Besides that, reconditioning and restructuring are also conducted. Law attainment used in the settlement of financial problem within the implementation of principally murabahah covenant in Indonesian Muamalat Bank is by conducting bank internal settlement that is discussion to reach common agreement. Other than that, the settlement phases that can be done are denunciation to Bank of Indonesia, mediation even though for the settlement through that bank, arbitration, of which it is bonding and last, through BASYARNAS so that if there is an in-obedient side, they can demand for flat execution to Religious Court, litigation (Religious Court). The prosecution can be directly filed to Religious Court based on Act Number. 3 of The Year 2006
PENYELESAIAN KONFLIK ETNIS DAN INSTITUSIONALISASI PENGADILAN LOKAL YANG BERBASIS BUDAYA
Conflict, ethnicity and multicultural matters are natural law, and the conflicts frequently happen are caused by the misunderstanding of the different life objectives, tribe diversity and cultural plurality. In reality, the conflict settlements are often solved through criminal justice system. However, the settlement through the state criminal justice system results in dissatisfaction as it emphasizes more on the procedural justice. People use violence as an expression of their dissatisfaction with the state justice system. In fact there is an institutionalized local justice (customary justice) which can be used to settle conflicts considering that local justice characteristics emphasize more on substantive justice aspects in settling the conflicts and have social basis and base itself on clear cultural based community
KEANEKARAGAMAN DALAM KESATUAN HUKUM: MODEL INTERAKSI HUKUM ADAT DAN HUKUM NEGARA DALAM HUKUM AGRARIA (STUDI KASUS DI SUMATERA BARAT)
The regulation on agrarian resources can not be separated from adat law since they are located in the area where adat community lives. The lowest is their regulation by the state law, the greatest is the possibility for the adat law to fill in the substance of the regulation. The decentralization policy has opened the possibility for the local people to actualize the local adat law values through the legal products in the local area. This research studies the implementation of the actualization of the local values in the agrarian regulation in West Sumatra which is one of the areas which has a relatively strong adat law. Beside the implementation of adat law through the judicial process, this research is also focused on the integration between adat law and state law through the local legal products from the province level until the nagari (village) level. Based on the above considerations, the objective of the research is focused on three problems. They are: the first, how is the interaction between adat law and state law in the regulation of agrarian resources in West Sumatra before the era of decentralization? The second, how is the interaction between adat law and state law in the regulation of agrarian resources in West Sumatra in the era of decentralization, especially in the implementation of the system of nagari government? The third, how is the form of the integration between adat law and state law in pursuing the real legal certainty in agrarian sector
THE IMPLEMENTATION OF SHARI’AH IN NANGGROE ACEH DARUSSALAM IN THE INDONESIAN LEGISLATION SYSTEM
AND Faculty of Law, Jalan Lingkar Selatan, Tamantirto, Kasihan, Bantul, Yogyakarta, Indonesia Email: | ABSTRACT The implementation of Shari’ah in Nanggroe Aceh Darussalam (NAD) has prompted controversy among legal scholars. Even though, the implementation of Shari’ah in NAD has been legally authorized by Dewan Perwakilan Rakyat (Parliament) and President through some legislations, debate on the issue has not finished yet. The issues rooted on whether the implementation of Shari’ah in NAD is contradict to Pancasila and UUD 1945 or not. Another question arises is whether the implementation of Shari’ah in NAD in line with the legislation system or not. The research shows that basically the implementation of Shari’ah in NAD is not contradict to the principle lies in the Pancasila as fundamental norm of the state and UUD 1945 as the supreme law. In term of legislation, the DPR and President has enacted some legislation that legalized it namely NAD Special Territory Act, 1999 (Law No 44 of 1999, NAD Special Autonomy Act, 2001 (Law No 18 of 2001), NAD Government Act, 2006 (Law No 11 of 2006). By enacting these legislations, legally, the implementation of Shari’ah in NAD is clearly adopted as part of Indonesian legislation system. In this sense, the legislation system implements the principle of “lex specialis derogat legi generali”
KEDUDUKAN PEMEGANG HAK JAMINAN DAN KOMPETENSI PERADILAN PAJAK DALAM PENAGIHAN PAJAK
This research paper is aimed to examine legal problems arising out of conflicting rights concerning private rights owned by holders of security rights and public rights owned by state through Directorate General of Tax under the Ministry of Finance of Republic of Indonesia. This kind of legal problems occurred due to the tax (payable tax) collectivity conducted by Indonesia Directorate General of Tax against goods secured by guarantee rights (mortgage right, hypothecation, fiduciary right, and pawn). First chapter elaborated on legal matters which could be imposed by tax collectivity. Research continued to which of the two (private rights and public rights) would obtain priority right satisfaction of the secured goods if such goods are sold caused by bankruptcy or default by debtor. Another problem was whether Directorate General of Tax could be included as creditor or not. Further problem continued to the competency of the court which stood for different legal authority to examine and to settle this kind of case. According to this research tax obligation had highest position in all legal obligations hierarchy. Thereafter, settlement of this dispute lied on tax court. Role of tax court depended on whether or not process server of tax has implemented immediate and whole collectivity at time of obtaining two matters namely seizure of goods of tax payer by third parties or indications of bankruptcy
PERLINDUNGAN SUMBER DAYA PERIKANAN LAUT SEBAGAI BENTUK TANGGUNG JAWAB PEMERINTAH DAERAH DI PERAIRAN LAUT WILAYAH PROVINSI ACEH
The Article 12 Paragraph (1) of The Law of the Republic of Indonesia No. 31 of 2004 on Fisheries states that any person is prohibited from doing acts that lead to pollution and / or damage fish resources and / or the environment in fisheries management area of the Republic of Indonesia. According to the provision, the fishery resource must be protected. However, the protection given has not run properly. This study aims at explaining about the protection of marine fisheries resources in the Aceh region, the impacts of illegal fishing and the efforts to solve the problems. Library and field research was done to obtain the data of this research. The results showed that the protection done by Aceh Government is based on national regulations and local rules although there are no specific rules, the government authority of Aceh is only 12 nautical miles, the use of Rumpon and Langge can trigger conflict between fishermen, the destruction of small fish dead, and the use of trawl. The consequences are the destruction of coral reefs, the potential conflicts between fishermen, the destruction of small fish, the depletion of fish biodiversity, and the declining income of fishermen. The efforts taken are to prioritize the regulation of fisheries issues comprehensively and improve the supervision. It is recommended that local governments make special regulations in order to protect fish resources, fishermen, and enhance better coordination
PERMIT PROCEDURE OF ESTHABLISMENT AND SUPERVISION OF NURSING CLINIC IN BANTUL REGENCY
As one of the health professions, nurse normally does no have independent authority to conduct medical practice. However, according to several regulations, nurse has a chance to establish and run his/her own nursing clinic. So far, there are six individual nursing clinics have been operated in Bantul Regency. By utilizing empirical research method with legislation approach, this research aims at finding out the importance and the permit procedure to establish nursing clinic as well as to know the supervision means used by the government upon the operated nursing clinic in Bantul Regency. This research proved that nursing clinics have given beneficial advantages on the society as whole. Meanwhile, to operate a nursing clinic a nurse has to be granted a Nursing Practice Permit Letter (Surat Izin Praktik Perawat/SIPP) from the government. Finally, the nursing clinic is supervised by the Health Bureau by means of supervision and control program.Keywords: nursing practice, nursing clinic, Nursing Practice Permit Letter, supervision and control progra