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Archival Management at the University of Lampung
Get PDFHumans as creatures who have limited memories need archives to restore the memories systematically. Archiving has been known since the writing method developed and peoples make records of their archives. Nowadays the archive is valued as a guideline for institutions to make decision. Universities, as the education institutions in carrying out its functions, universities produce archives that comply with the Law No. 43 of 2009 on Archives as the basis for managing archives in universities. The University of Lampung and ANRI have agreed on MoU to work together in applying and disseminating the importance of filing on November 21, 2014. The Rector of University of Lampung Decree No. 4 of 2016 was established on April 20, 2016 regarding the Archive Retention Schedule (JRA), in addition to fulfilling the mandate contained. In Article 48 of Act Number 43 of 2009 concerning the obligation for state universities to have a JRA in archival management, it is also useful as a guide for archival management officials and employees in carrying out their duties. Innovation from ANRI also continued to be socialized to the University of Lampung in realizing efficient archive management. Keywords: Archival, Management, MoU, University of Lampung, ANRI
Medical Record Data Counterfeiting by Doctors in Indonesia Reviewed from the Ethics, Discipline, and Legal Aspects
Get PDFA doctor is required to provide good medical care and complies with the standard to the public. Doctors in carrying out their practice must make medical records. The existence of a medical record is not only needed as part of the health service but also as a legal basis because it contains facts about the patient’s condition about the history or condition if the disease and the treatment measures that have been, are being, and will be done by a doctor. The problem in this research is about counterfeiting of medical record data by doctors in Indonesia reviewed from the ethics, discipline, and law aspect. A complete and correct medical record contains the medical chronology from patients and becomes one of the keys to resolving cases malpractice even made excuses by corruptors to ignore from investigation process with illness reason. Medical records data counterfeiting cases in Indonesia are subject to ethics, discipline, and law sanctions based on applicable laws and regulations because the counterfeiting violated the provisions applicable rules in medical practice whereas if the case only violates the provisions of ethics code and/or discipline then it is considered violations of ethic and/or discipline only. Thus, if a doctor is considered unlawful, then the doctor also violates ethics and discipline. Whereas, if a doctor is considered violate ethics and discipline then the doctor is not necessarily considered unlawful. Furthermore, a doctor should know and understand about ethics, discipline, and law related to medical practice and need special education every doctor continuously in order to give understanding about ethics, discipline, and law so that cases of violations of ethics, discipline, and law can be minimized, or even no more doctor in Indonesia does violation caused by lack of integrity as a doctor also need for improvement in the medical record system so that its existence can be well maintained and not easily manipulated by anyone. Keywords: Counterfeiting, Medical Record, Ethic, Discipline, Law
Criminal Violations of the Medical Ethics Code by Dr. Bimanesh
Get PDFThe relationship between doctors and patients is no longer seen as a mere relationship of trust, the relationship has been seen as a contractual relationship. The relationship between doctor and patient is an agreement known as a therapeutic transaction. Doctors as members of professions that devote their knowledge to the public interest have freedom and independence-oriented to human values in accordance with the medical code of ethics. The medical code of ethics is regulated in the Indonesian Medical Ethics Code (KODEKI). The doctor's profession is required to work professionally and uphold the Code of Medical Ethics in carrying out his profession. However, there are some doctors who do not do their profession professionally. One of them, the case of Doctor Bimanesh Sutarjo allegedly cooperating to falsify Setya Novato's suspect to the hospital to be hospitalized with medical data that was allegedly manipulated in such a way as to avoid calls and checks by KPK investigators. Therefore, the authors are interested in writing this journal so that we understand better about the violations and law enforcement against KODEKI violations.Keywords: Indonesian Medical Ethics Code (KODEKI), doctors, Doctor Bimanes
Gender Equality Issues in Optical Feminist Jurisprudence and Implementation in Indonesian
Get PDFGender meaning of fundamentally different from biological sex. Biological sex is a gift; we are born as a man or a woman. However, the path that makes us masculine or feminine is a combination of the building blocks of basic biological and biological interpretation by our culture. From the tiny baby to reach old age, we learn and practice specific ways that have been determined by the community for us to be men and women. Gender is a set of roles as well as costumes and masks at the theater, convey to others that we are feminine or masculine. Device specific behaviors include appearance, dress, attitude, personality, work inside and outside the household, sexuality, family responsibilities and so together polish "gender roles" us. If someone mentions or asks about gender, then what is meant is gender in the context of language approach. This term became very commonly used in the last few decades. Feminist jurisprudence is a legal philosophy that is based on gender equality in politics, economic and social. Feminist jurisprudence unpacks and explain how the law plays a role to legalize the status of women in subordination to men, in other words, the law as a means to preserve the status quo, namely the dominance of men over women. Moreover, feminist jurisprudence is also trying to make a change/transformation changing the status of women by changing laws and its approach and its stance on gender cases be more fair and balanced. This is an emancipatory project woman in law. Keywords: Gender; Feminist Jurisprudence; justice; men and women
Redesign of Constitutional Ethics For State Administrator Based on The Value of Pancasila
Get PDFA constitution is a collective agreement as the foundation and goal to be achieved in the state. Therefore, the constitution not only regulates the fundamental rules of the state but also contains the ethical values that serve as the guiding of the state administrator. However, the spreading of violations of law such as corruption, abuse of authority that ends in the imposition of sanctions justifies the occurrence of incompatibility between the values of the constitutional principle as a reflection of the soul of the nation with the moral obligation of state administrator to implement the values. Using a doctrinal approach, data will be analyzed through the original intent of interpretation, grammatical and systematic law is expected to formulate a new model of constitutional ethics for state administrator based on the value of “Pancasila.” Based on the study of moral and constitutional philosophy with the law interpretation method can be concluded that the ethical values in the 1945 Constitution requires that state administrator base their deeds on the moral deity who respects the values of human civilization as Indonesian citizens, and humans in general with the priority of Indonesian unity above all interests and classes in order to achieve the ideals of social justice based on a deliberate-oriented on the great goal of Indonesian independence. To achieve this intention, the formation of ethical standards of the administrator in the constitutional norms through the amendment of the 1945 Constitution which then set a further law which is general and contains normative sanctions. Keywords: Redesign, Constitutional Ethics, State Administrato
Forest Resources Access Moro-Moro Farmers at Register 45 Lampung
Get PDFThe main problem of farmers in Indonesia today is the limited availability of agricultural land. The government gives farmers hope for the availability of agricultural land, through various accesses of forest resources. One of them through a partnership with forest managers. This study will examine the model of forest resource access arrangements and their implementation in Register 45 Sungai Buaya Lampung by Moro-Moro farmers. This study uses a socio-legal approach. This approach combines the study of doctrinal law with social studies. Data required primary data and secondary data. So the analysis is not only based on normative rules but also pay attention to social context.This research shows that forest resource access management model registers 45 Lampung to Moro-Moro farmers is a partnership model. Partnerships offered by forest managers have not provided welfare security to farmers. Forest managers have unilaterally determined types of crops and production sharing balances. The partnership process closes dialogue with farmers. The implementation of this partnership has not been implemented, as most Moro-Moro farmers reject the partnership model offered by forest managers.Keywords: Forest Resources Access, Farmers, Moro-Moro
Problematic Dilemma of The Limitation of Granting Remission for Corruption Prisoners
Get PDFCorruption is an extraordinary crime, so the law enforcement for corruption cases must also be done extraordinarily. Therefore, the corruption prisoners or corruptors should be differentiated by their pattern of guidance in Penitentiary. The difference in the process of fostering in Penitentiary is in the form of limitation of granting remission for corruptors. The existence of such restrictive policy poses a problem dilemma to the guidance of current corruption prisoners based on Penitentiary System. This is because the penitentiary system essentially sees the crime of "deprivation of liberty" against a person is only "temporary" so that there is a reduction in criminal or remission for every prisoner. The problem is how to overcome the dilemma of granting remission for corruptors in the perspective of the correctional system. The research method is normative juridical with the regulation of law and doctrinal approach. The result of this research is to overcome the dilemma of granting remission for corruptors by revising Government Regulation Number 99 of 2012 on Terms and Procedures Implementation of Rights of Citizens Correctional Penitentiary that distinguishes the requirements for corruption prisoners that cause losses of state in the high or low nominal. For the corruption prisoners that doing corruption in the high nominal to get the special requirement for granting remission should be added in the high profile corruption prisoners are required to accomplish morality education on the nation and homeland patriotism at their expenses. While the lower profile ones are required to following the common standard coaching for general prisoners. Keywords: Remissions, Corruption Prisoners, Corruption, Correctional Syste
The Law Enforcement Against the Criminal Acts of Destruction of Crops
Get PDFThis research uses a normative juridical approach to study the law enforcement against the criminal acts of destruction of crops, about the regulation on the Civil and Agrarian Law. The research approach uses a normative juridical approach that is based on legislation, theories, and concepts related to writing research. The result of the research asserts that the law enforcement against the criminal acts of destruction of crops based on the judges of the Supreme Court Decision No. 1909 K / Pid / 2010, using the viewpoint of Agrarian Law to the principle of horizontal separation asset that the holders of rights to land only control the extent of its surface, while the building or anything inherent in the land have different ownership rights to its land. The criminal law enforcement using viewpoint of Law No. 5 Of 1960 Regarding The Basic Regulations On Agrarian Principles (UUPA) did not need to prove the ownership of the land between the two conflicting party but to prove who the owner of the destroyed crops is. If the plant grows the property of the complainant party then the reported person will meet the elements as perpetrators of criminal acts in the Article 406 paragraph (1) of the Criminal Code. However, by using the legal basis of the Law Number 51 PRP of 1960 on Prohibition to Using the Land without Obtaining the Permission from the Owner of the Land or the Authorized Person (the “Law No 51 PRP/1960”), landowners can maintain proprietary rights and submit the case to the legal process procedure, hence it does not need to happen that the crop destruction by the owner of the land will be entangled in criminal law pursuant to the Article 406 paragraph (1) Criminal Code. Keyword: Law Enforcement, The Criminal Acts, The Destruction of Crops.
A Case Study on Facebook Data Theft in Indonesia
Get PDFThe rights to privacy as an individual fundamental right should be protected. Ironically, this right is deliberately delivered publicly in social media. And Facebook, the largest social media, keep more than 2.2 billion privacies data in the whole world. In early April 2018, one million personal data of Indonesian Facebook users was stolen by other parties. Mark Zuckerberg, as a founder and CEO, acknowledged that the Facebook data consisting of customer personal data had been stolen and used by other parties. It is one of the weaknesses and negligence of Facebook that needs to be addressed in the future. Indonesia government issued a warning letter to Facebook and required formal explanation concerning those recent cases. However, the Government's seriousness on the protection of personal data of its citizens is still questioned. How Indonesian regulations cover private data protection on their citizen and what steps should be taken to protect personal data in Indonesia? By using the International instrument and Indonesia legal instruments on the protection of privacy right, this article would give the answer what government Indonesian should do to undertake this situation. The research found that the regulation of privacy protection is sufficient yet the government has no determination to take account seriously on protecting the privacy right, and no sanction to the parties was involved. Socialization on the importance of personal data toward Indonesian society in Indonesia should be done, from the basic to the top level. Keyword: Right Privacy, International Law, Fundamental Right
Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System
Get PDFIn criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice Syste