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R. Hariandja, Tioma
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Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum Penyelesaian Sengketa Medis Melalui Mediasi di Luar Pengadilan Afiful Jauhani, Muhammad; Supianto, Supianto; R. Hariandja, Tioma
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1470

Abstract

The provisions of Article 29 of Law Number 36 of 2009 concerning Health states that, in the event that a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation. The explanation of the article states that, Mediation is carried out when a dispute arises between health workers providing health services and patients as recipients of health services. Mediation is carried out with the aim of resolving disputes out of court by a mediator agreed by the parties. This type of research is normative juridical. Normative law research uses normative case studies in the form of products of legal behavior, for example reviewing laws. Based on the research, it can be concluded that mediation efforts to resolve media disputes outside the court are more flexible regarding the time and place of implementation. and is considered capable of maintaining the confidentiality of the disputing parties. The peace agreement resulting from mediation of medical disputes outside the court which has been determined by the Court as a deed of peace (acte van dading) has the same power as a court decision which has permanent legal force (incracht van gewijsde), so it has binding and final force (final and binding). ), perfect evidentiary power as well as executorial power.
Perlindungan Hukum Pemilik Hak Cipta Terkait Pembajakan Karya Sinematografi Pada Platform Telegram Bissil Mikafa, Alifia; R. Hariandja, Tioma; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1669

Abstract

The cinematography in telegram is widely misused by irresponsible people by piracy. In fact, cinematography is a component contained in copyright law that must be protected. The first problem is how is the legal protection for copyright owners? And the second dispute resolution that can be taken by the copyright owner? This research method uses the normative method. And it will become a legal problem if piracy continues on Telegram. Copyright owners need to be protected with two forms of protection, namely preventive legal protection and repressive legal protection. As for dispute resolution, it can be done through litigation and non-litigation.
Penerapan Hukum Jipen/Singer dalam Tindak Pidana Asusila Masyarakat Suku Dayak Ngaju (Study Kasus di Desa Pundu, Cempaga Hulu, Kotawaringin Timur, Kalimantan Tengah) Nikmatul Janah, Anisa; R. Hariandja, Tioma; Alkahfi Setiawan, Sidi
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2415

Abstract

Indonesia has a diverse population. Which are various tribes and nations and have their own characteristics. One of them is the Dayak tribe, a Kalimantan tribe who live in groups living in the interior, in the mountains, and so on. One of the sanctions owned by the Dayak tribe is called Jipen which has another name, namely Singer. The first problem is how is the application of the Jipen/Singer law in immoral crimes in the Dayak Ngaju tribe, Central Kalimantan?. Second problem What is the power of law in the application of the Jipen/Singer law in cases of immoral crimes?. Namely Jipen is a customary legal action for the Dayak tribe. Which is the application of the Jipen Law in Immoral Crimes. Traditional leaders who will singer who violate Dayak customary rules. Jipen is a punishment given to the perpetrator. Customary law is recognized by the state as legal law. In which the State recognizes customary law community units and their traditional rights, because Jipen law emerges from indigenous peoples. The power of Customary Law applied in the form of Jipen/Singer is very strong and thick.
Pertanggung Jawaban Pidana Pelaku Penipuan Tautan Undangan Melalui Whatsapp Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik Yaqin, Moh. Ainul; R. Hariandja, Tioma; Winiari wahyuningtyas, Yuli; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2802

Abstract

The rapid advancement of technology has brought many benefits to society, making it easier and helping to meet their needs through various technologies. However, along with this development, problems such as fraud through WhatsApp applications have also emerged. One of the modus operandi is the fraud of courier receipts or from the sender's expedition party. Therefore, the formulation of the research problem is whether perpetrators of fraud through WhatsApp invitation links can be subject to criminal sanctions, and what legal efforts can be made by victims of fraud through WhatsApp invitation links. The purpose of this study is to determine whether fraud through WhatsApp invitation links can be subject to criminal sanctions, and to determine what legal efforts can be made by victims of such fraud. The research method used is the typology of normative legal research, which is research conducted on written regulations, as well as library research or documentary studies, because this research mostly uses secondary data such as books and official documents. The approach used in this research is the statutory approach, case approach, and conceptual approach. In addition, this study also uses primary and secondary legal material sources. The first discussion result shows that fraud through WhatsApp invitation links can be subject to criminal sanctions based on Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. Victims can take legal action by reporting such criminal acts to the Police in accordance with Article 4 paragraph (1) of Law Number 23 of 2007 concerning the Legal Jurisdiction of the Indonesian National Police. Victims can also resolve their issues through litigation or non-litigation.
Tinjauan Hak Atas Kesejahteraan Sosial Terhadap Fakir Miskin di Kabupaten Jember holifah, ilyatul; R. Hariandja, Tioma; Musfianawati; Alkahfi Setiawan, Sidi
WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i2.3323

Abstract

The poor are those who earn more than the poor but not enough tofulfill their basic needs. As the weakest and most vulnerable groupin society, the poor need public and social infrastructure in order toslowly break out of the poverty cycle around them. Poverty as asocial problem does not only involve economic problems, but alsoincludes other problems faced by the community. How is the form ofsocial welfare implementation based on regional regulations andhow is the form of social welfare implementation in the jemberdistrict, and its purpose is to find out and analyze how the form ofresponsibility of the Jember Regency Government towards the socialwelfare of the poor according to Jember Regency RegionalRegulation Number 8 of 2015 and to find out how the form of itsimplementation in the jember district through research at the socialservice. The research method used is using empirical methods,where the method of collecting data through research used to seelegal aspects in social interactions in society. The conclusion is thatthe government of Jember Regency must fulfill basic services for thepoor in Jember Regency and the government of Jember Regencymust fulfill the rights of the poor in accordance with RegionalRegulation Number 8 of 2015 concerning organizing social welfareto the poor. The government of Kabupaten Jember itself has severalwork programs to deal with the poor in Kabupaten Jember.
Co-Authors Afiful Jauhani, Muhammad alkahfi setiawan, sidi Bissil Mikafa, Alifia holifah, ilyatul Musfianawati Nail, Muhammad Hoiru Nikmatul Janah, Anisa Supianto Supianto, Supianto Winiari Wahyuningtyas, Yuli Yaqin, Moh. Ainul