UNIFIKASI : Jurnal Ilmu Hukum
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Juridicial Review of Rights of Mental Disabilities In Procurement of Civil Servants
No full textThis study aims to examine and analyze the rights of persons with mental disabilities in the procurement of Civil Servants. This research is a normative research using the statute approach. The results of the study found that the disabilities types in Act Number 5/2014 concerning State Civil Apparatus include persons with physical disabilities, deaf and blind people, which are different from the disability types set out in Act Number 8/2016. The difference in disability types is due to Act Number 5/2014 issued at the time Act Number 4/1997 concerning Disabled Persons is still in effect, and this implies that the mental disability rights to apply for Civil Servants are not yet accommodated
Ideal Construction of Collective Wealth Sharing
Get PDFThis article discusses the issue about collective wealth sharing. In principle of Islam does not regulate the detail of collective wealth sharing except according to syirkah, but in the Marriage Law that any wealth is obtained during the marriage period becomes joint wealth, regardless of who works or obtains the assets and in whose name, as long as the wealth is not an inheritance, gift or inheritance, and there is not marriage agreement in terms of joint ownership. With the problem of how the ideal construction of distribution wealth sharing for wife who has income. The research method uses normative juridical research with case and approach regulations . The results of this research proves that distribution wealth sharing for wife who works and does not forget the responsibilities and duties as a wife, then when a divorce occurs, the distribution of joint wealth can deviate from the law (Article 97 KHI) this is in accordance with the Supreme Court decision MA No. 266K / AG / 2010 with the wife's acquisition of 3/4 share, while the husband's remaining is 1/4 share. Meanwhile, in the decision of the Banjarnegara Religious Court Number 1372 / Pdt.G / 2011 / PA.Ba. In this verdict, a wife gets more share than the husband gets, with the husband's share being 2/5 and the wife 3/5 of the share. This decision provides a sense of justice, and this is an ideal construction in the distribution of collective wealth by considering the principle of balance.Keywords: Ideal Construction, Distribution, Joint Wealth
Juridical Review of Nurse's Legal Responsibility for Patient Safety in Self Nursing Practice
Get PDFPatient safety is the main thing in providing nursing services. Nurses must be able to ensure the ongoing patient safety program to suppress or reduce malpractice actions carried out when performing nursing services. The purpose of this study was to determine the form of legal responsibility of nurses for patient safety in independent nursing practice, and the concept of legal protection for patients as consumers of nursing service users. The approach method used in this research is a normative juridical approach, the method of collecting secondary data is that which is obtained through the literature and also sources of statutory law. Furthermore, the data were analyzed using qualitative analysis techniques. The results of the study indicate that the legal responsibility of nurses for patient safety is divided into two types of responsibilities, namely; civil liability as well as criminal liability. The application of patient protection law as a consumer includes preventive protection in the form of; services in accordance with standard operating procedures, professional standards, and standards of legislation with principles on patient safety and security as well as in the form of coaching, education, and supervision for patients. In a repressive manner in the form of; advocacy, efforts to resolve consumer protection disputes properly from the government and consumer protection institutions, in addition to compensation, compensation, and/or replacement of nursing services that are not in accordance with the agreement or not properly, as well as the implementation of justice and punishment for health care providers who has committed a error to the patient
Sustainable Development Based Tourism Governance Development Policy
Get PDFThis study aims to describe tourism governance development policies in Karanganyar Regency and the concept of sustainable development-based tourism policy and governance. The research employed empirical juridical approach. Therefore, this research focused on primary data collected from the interview and observation. In addition, this research was also supported by secondary data collected from literature study. Finally, the data were analyzed qualitatively. The findings revealed that the tourism governance development policies in Karanganyar regency which stated in the laws and regulations are adequate. However, its implementation is not yet running well. Furthermore, the sustainable development-based tourism governance development policy is the state's responsibility. The state acts as the holder of natural resource power and strengthens the community rights as the holders of state sovereignty. In conclusion, the tourism governance development policies in Karanganyar Regency cover environmental-friendly tourism development. However, its implementation has not yet been realized by the government of the Karanganyar regency. Moreover, the concept of sustainable development-based tourism governance development policy is based on the following basic principles, the state’s responsibility as the holder of natural resource power and strengthens the community right as the holders of state sovereignt
The Application of Business Judgment Rule Principles: The Protection for State-Owned Enterprises Directors to Business Risk Failure
Get PDFState-owned enterprises have a strategic position in realizing the mandate of the 4th paragraph of the Preamble of the 1945 Constitution. However, the absence of synchronization of laws and regulations in interpreting the State-Owned Enterprises fund as separated state assets, creates legal uncertainty for the Board of Directors when losses arise due to business risks. This condition raises the issue of the board of directors' responsibilities in managing State-Owned Enterprise's finances. Thus, there is the need to apply the Principles of Business Judgment Rule in protecting the Directors from State-Owned Enterprises losses. The approach employed in this study was juridical normative research. Specifically, this study used descriptive analysis. The data were analyzed qualitatively. The findings revealed: (1) State-owned enterprises have played a role in realizing Indonesian Economic Democracy with their distinctive business characteristics, a profit-seeking company and social services provider to the community; (2) State-owned enterprise's losses are not related to state finances. This is because state equity participation has been transformed into state shares/funds to State-owned Enterprises whose management is based on the provisions of Limited Liability Companies; and (3) The principle of the Business Judgment Rule provides protection for the Board of Directors. It states that they can not be held accountable for the losses in state-owned Enterprises if the management of State Owned Enterprises is based on the following principles: (a) due of care; (b) due of skill; (c) good faith, and (d) for the best interest of the company. In conclusion, BUMN Persero that experiences losses due to business risks cannot be categorized as state financial losses. In addition, according to the principles of business judgment rule, Directors cannot be held accountabl
Legal Protection of Paseban Kuningan Batik Under the Copyright Act
No full textIndonesia sebagai negara dengan banyak pulau mempunyai beragam kesenian dan kebudayaan, salah satunya adalah batik yang sudah dikenal dunia internasional. Batik telah diakui sebagai warisan budaya manusia, verbal, dan takbenda oleh UNESCO (United Nations Educational, Scientific and Cultural Organization) sejak tahun 2009. Batik Tulis Paseban merupakan perwujudan simbol artefak budaya Sunda yang muncul secara alami dari nilai-nilai budaya lingkungan, termasuk ide-ide arkeologi pemikiran lokal. Dalam menjaga kelestariannya, hak atas kekayaan intelektual (HAKI) sangat krusial dalam mendorong peningkatan ekonomi global yang tujuan akhirnya adalah kemakmuran bagi bangsa Indonesia. Hal ini yang kemudian menjadikan Indonesia sebagai negara dengan keanekaragaman hayati yang yang tertinggi di dunia. Penelitian ini bertujuan untuk menganalisis Batik Paseban, Kuningan Jawa Barat sebagai Ekspresi Budaya Tradisional ditinjau dari UU Hak Cipta. Artikel ini mengunakan metode penelitian hukum normatif. Hasil kajian menunjukkan bahwa dalam rangka mempertahankan kelestarian budaya dan kekayaan intelektual, maka diperlukan teknologi tepat guna melalui literasi visual dapat memberikan nilai tambah untuk mengembangkan seni budaya sehingga makna dan filosofi Batik Tulis Paseban. Selain itu, pemerintah juga harus terus mendukung dengan melakukan berbagai usaha dalam rangka menjaga dan melestarikan pengetahuan tradisional dan ekspresi budaya tradisional.
Women Workers' Protection in the Job Creation Law Feminist Legal Theory Perspective
Get PDFThis study aims to find how women workers' protection is linked to a feminist legal approach, referring to the job creation law. The study revealed there was no improvement in the law. It tended to be detrimental, especially the discussion of three articles: 59, 79, and 81. Feminist Legal Theory sees the need for a breakthrough, the making and enacting laws against women. This is to eliminate discrimination, marginalization, and subordination by law against women. The study employed normative juridical research, involving the statute and conceptual approaches. The data were collected by a literature study involving descriptive data analysis techniques. The study showed women workers' protection, the Job Creation Law has not improved. It is even more destructive, especially the regulation of limitation periods in employment contracts, weekly rest, and contract labour abolition
The Authority Relationship: Regional Head and His Deputy in the Regional Autonomy
Get PDFThe study aims to examine the Regional Head authority in the regional autonomy and to investigate the authority relationship between the Regional Head authority and his Deputy from legal and political perspectives. This study employed a doctrinal research method involving legal material sources (the laws and regulations), court decisions/judgments, legal theories, and scholars' perspectives. The findings revealed the Regional Head authority is clearly stated in Article 65 of Law Number 9 of 2015 concerning Regional Government, such as to lead the implementation of government affairs–the regional authority based on the laws and policies established with the DPRD, to maintain public peace and orderliness, and to compile and to submit regional regulations draft. Normatively, the Regional Head and his Deputy have their respective duties, the authority relationship. In this case, the Deputy Regional Head assists the Regional Head in the governance to acquire the fullest services for the community. In short, in terms of authority, the Regional Head is an extension of the President-- the full holder of goverment power. In terms of the authority relationship, different opinions between the Regional Head and his Deputy are frequently occurred as in the political view
Special and Differential Treatment under the World Trade Organization : Perspective on International Trade Law
Get PDFGATT/WTO regulates the principle of special and differential treatment in part IV as a way to address international trade inequality for developing countries. This study aims to examine the theoretical and practical principles of Special and Differential (S&D). The study employed a normative juridical method involving a statutory and conceptual approach. The study revealed that the S&D principle theoritically aims to attain justice for developing countries. This is in line with the theory of justice from John Rawls mentioning justice as fairness. In the context of international trade, this is also in line with Frank J Garcia. Based on these theories, S&D demands a different treatment betwixt developed and developing countries. Generally, the S&D principle is an instrument to attain fairness in international trade. In its implementation, the S&D provisions aimed at helping developing countries. This involves market access, protecting the interest of the developing countries, and flexibility and transition period. However, the latter seems hard to enforce because developed countries frequently sue developing countries to the WTO panel once the S&D principles are utilized by them. GATT/WTO mengatur prinsip Special and Differential treatment dalam Bagian IV sebagai cara untuk mengatasi ketimpangan perdagangan internasional bagi negara berkembang. Artikel ini bertujuan untuk mengkaji Prinsip Special and Differential (S&D) secara teoritis dan praktis. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa secara teoritis prinsip S & D bertujuan untuk mewujudkan keadilan bagi negara-negara berkembang. Hal ini sesuai dengan teori keadilan dari John Rawls bahwa justice as fairness dan Frank J Garcia dalam konteks perdagangan internasional. Berdasarkan teori tersebut S&D menghendaki adanya pembedaan perlakuan antara negara-negara maju dengan negara sedang berkembang. Prinsip S&D merupakan instrumen untuk tercapainya keadilan dalam perdagangan internasional. Dalam implementasinya, ketentuan S&D yang ditujukan untuk membantu negara berkembang yang terdiri dari akses pasar, kepentingan negara berkembang yang dilindungi, fleksibilitas dan masa transisi sulit diterapkan karena negara-negara maju sering menggugat negara berkembang ke panel WTO ketika prinsip S&D diterapkan
Supreme Court Policy On Underage Marriage Dispensation Realizing Legal Certainty
Get PDFThe issuance of Law Number 16 of 2019, Amendments to Law Number 1 of 1974 on Marriage, has given Indonesia a new perspective on the law of marriage. The Supreme Court has issued Supreme Court regulation of Republic Indonesia Number 5 of 2019 concerning adjudicating application guidelines for Marriage Dispensation. The study employed normative research. The findings showed that Supreme Court Regulation Number 5 of 2019 is a special rule made by the Supreme Court to explain the procedural law, applying for marriage dispensation, which has not been clearly regulated in Article 7 of Law Number 16 of 2019. One way to overcome marriage dispensation-related problems is by creating limited rules. Particularly, the reasons for filing such cases. The responsible law enforcers are also expected to tighten the application procedure. Thus, the number of early marriages can be lessened