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All Journal JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani JUSTITIABLE - Jurnal Hukum Universitas Bojonegoro
Mulyani, Basri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KRIMINALISASI KEBIJAKAN (BELEID) TERHADAP PEJABAT PEMERINTAH DALAM TINDAK PIDANA ADMINISTRATIVE CORRUPTION: (Kajian Terhadap Putusan No. 20/Pid.Sus-TPK/2019/PN.Mtr) Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 1 No. 1 (2019): Kompleksitas Hukum Administrasi
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v1i1.170

Abstract

This article aims to examine the case of the distribution of clothing and food packages phase II in East Lombok Regency, or better known as Eid packages in terms of the legal considerations of the judge's decision. The point of policy confusion in state administrative law with criminal law or better known as administrative corruption. Government officials who must implement the policy, when the program is running, must deal with the criminalization of the policies that it implements. Based on these issues it is interesting to discuss related to the legal considerations of the judge's decision to release the accused and whether all government officials have the right to discretion in carrying out their positions. The research method used is a descriptive normative method, with a statutory approach, a conceptual approach and a case approach. The results of the discussion revealed that criminal law is used carefully and operationalized truly as the last drug (ultimum remedium) and not necessarily used as the main drug (primum remedium) so that government officials are no longer afraid to carry out work in the public interest and community welfare.
DEKONSTRUKSI PENGAWASAN PERATURAN DAERAH SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 2 No. 1 (2020): Pembaharuan Hukum dan Pengadilan
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v2i1.183

Abstract

Constitutional Court Decision of Number 137/PUU-XIII/2015and Decision Number 56/PUU-XIV/2016 which state that theauthority of the Minister of Home Affairs and the Governor asthe representative of the central government in cancelingProvincial Regulations, District Regulation/City Regulation,Governor Regulation, and Regent Regulation/Regulation ofMayor was inconstitutional. So only the Supreme Court has theauthority to revoke Provincial Regulations, DistrictRegulation/City Regulations, Governor Regulation, and RegentRegulation/Regulation of Mayor. This analysis makes use of thelegal juridical normative research method. The results showthat in a state of unity it is appropriate that higher levels ofgovernment are given the authority to supervise theregulations set in the regions. The supervision can beimplemented by conducting such a guidance to the regionthrough the strengthening of executive preview or legal normreview before it is legally binding in general
PEMBANGUNAN KESADARAN HUKUM MASYARAKAT MELALUI DESA SADAR HUKUM DI KABUPATEN LEMBOK TIMUR Mulyani, Basri; MAKSUM, HAIRUL; Johan
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 2 No. 2 (2021): Konstruksi Hubungan Pemerintah Daerah
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v2i2.190

Abstract

Legal counseling in the form of a Legal Awareness Village departs from the awareness of members of the community and local village government who on their own will strive to increase awareness and legal knowledge for themselves and village government officials. The purpose of developing a law-aware village is the realization of community legal awareness. Legal awareness is the output of the process of counseling and coaching activities that reach an ideal optimization level marked by a sense of respect for the law. The method used in this activity is in the form of a focused discussion that begins with counseling / lectures then continues with direct questions and answers. The extension participants were members of the community, especially women and local community leaders. By understanding the law, it is hoped that the community's legal awareness will increase to respect the law. The issue of marriage under the age of 19 was the most questionable discussion in the three locations of legal counseling, namely Padak Guar village, Gereneng village and Masbagik Utara Baru village, East Lombok district and other legal issues related to the conditions of each village.
Penafsiran Hukum Pasal 87 Ayat (1) Huruf D PKPU Nomor 10 Tahun 2023 Tentang Tindak Pidana Lainnya Terhadap Hak Konstitusional Warga Negara Menjadi Calon Anggota Legislatif Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 5 No. 2 (2024): PRAKTIK DAN PERLINDUNGAN HUKUM BAGI MASYARAKAT
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridicaugr.v5i2.326

Abstract

Election process disputes include disputes between Election Participants and disputes between Election Participants and Election Organizers as a result of the issuance of General Election Commission decisions, Provincial General Election Commission decisions, and Regency/City General Election Commission decisions. There are so many disputes that are submitted to the General Election Supervisory Body at every level from the stage of determining the Temporary Candidate List until the Permanent Candidate List has been determined, such as the adjudication dispute that occurred at the West Nusa Tenggara Province General Election Supervisory Body over the Permanent Candidate List having been determined for reasons of committing acts. other crimes. This research is normative legal research with a statutory approach and a conceptual approach. Starting from these different legal interpretations, the author conducted normative juridical research regarding the legal interpretation of the provisions of Article 87 Paragraph (1) letter d General Election Commission Regulation No. 10 of 2023 concerning Nominations of Members of the People's Representative Council, Provincial Regional People's Marriage Council and Regency/City Regional People's Marriage Council regarding the constitutional rights of citizens to become legislative candidates in the 2024 elections
ROLE MODEL PERLINDUNGAN HUKUM BAGI APOTEKER (Persfektif Hermeneutika Hukum) Mulyani, Basri; Malik, Djamil Abdurrahman; Nufus, Lale Syifaun
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 5 No. 2 (2024): PRAKTIK DAN PERLINDUNGAN HUKUM BAGI MASYARAKAT
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridicaugr.v5i2.328

Abstract

Pharmacists as a health professional have a strategic role in the current era of the health industry. Not only does it relate to professional entities that have special expertise in the production, distribution and availability of health supplies. But it plays a role in the health service aspect. In the four changes to health legal regulations, this has been accompanied by a new paradigm oriented towards the best service for patients. The optics used in this research rely on hermeneutics as the basic basis for text interpretation in order to capture the meaningful sense produced through a dialectical process related to the provisions of Article 304 in conjunction with Article 310 of Law no. 17/2023 concerning Health, which in principle provides space for the parties (patients and the pharmacist profession) to resolve problems outside of court. This type of normative doctrinal research, secondary data sources are primary, secondary and tertiary legal materials using a conceptual approach and a statutory approach. The research results show that in the role model, dispute resolution between patients and pharmacists can occur if in practice the health services provided are not based on good faith so that patients who experience losses can claim compensation by first taking efforts to resolve the dispute outside of court.
KRIMINALISASI KEBIJAKAN (BELEID) TERHADAP PEJABAT PEMERINTAH DALAM TINDAK PIDANA ADMINISTRATIVE CORRUPTION: (Kajian Terhadap Putusan No. 20/Pid.Sus-TPK/2019/PN.Mtr) Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 1 No. 1 (2019): Kompleksitas Hukum Administrasi
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v1i1.170

Abstract

This article aims to examine the case of the distribution of clothing and food packages phase II in East Lombok Regency, or better known as Eid packages in terms of the legal considerations of the judge's decision. The point of policy confusion in state administrative law with criminal law or better known as administrative corruption. Government officials who must implement the policy, when the program is running, must deal with the criminalization of the policies that it implements. Based on these issues it is interesting to discuss related to the legal considerations of the judge's decision to release the accused and whether all government officials have the right to discretion in carrying out their positions. The research method used is a descriptive normative method, with a statutory approach, a conceptual approach and a case approach. The results of the discussion revealed that criminal law is used carefully and operationalized truly as the last drug (ultimum remedium) and not necessarily used as the main drug (primum remedium) so that government officials are no longer afraid to carry out work in the public interest and community welfare.
DEKONSTRUKSI PENGAWASAN PERATURAN DAERAH SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 2 No. 1 (2020): Pembaharuan Hukum dan Pengadilan
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v2i1.183

Abstract

Constitutional Court Decision of Number 137/PUU-XIII/2015and Decision Number 56/PUU-XIV/2016 which state that theauthority of the Minister of Home Affairs and the Governor asthe representative of the central government in cancelingProvincial Regulations, District Regulation/City Regulation,Governor Regulation, and Regent Regulation/Regulation ofMayor was inconstitutional. So only the Supreme Court has theauthority to revoke Provincial Regulations, DistrictRegulation/City Regulations, Governor Regulation, and RegentRegulation/Regulation of Mayor. This analysis makes use of thelegal juridical normative research method. The results showthat in a state of unity it is appropriate that higher levels ofgovernment are given the authority to supervise theregulations set in the regions. The supervision can beimplemented by conducting such a guidance to the regionthrough the strengthening of executive preview or legal normreview before it is legally binding in general
PEMBANGUNAN KESADARAN HUKUM MASYARAKAT MELALUI DESA SADAR HUKUM DI KABUPATEN LEMBOK TIMUR Mulyani, Basri; MAKSUM, HAIRUL; Johan
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 2 No. 2 (2021): Konstruksi Hubungan Pemerintah Daerah
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v2i2.190

Abstract

Legal counseling in the form of a Legal Awareness Village departs from the awareness of members of the community and local village government who on their own will strive to increase awareness and legal knowledge for themselves and village government officials. The purpose of developing a law-aware village is the realization of community legal awareness. Legal awareness is the output of the process of counseling and coaching activities that reach an ideal optimization level marked by a sense of respect for the law. The method used in this activity is in the form of a focused discussion that begins with counseling / lectures then continues with direct questions and answers. The extension participants were members of the community, especially women and local community leaders. By understanding the law, it is hoped that the community's legal awareness will increase to respect the law. The issue of marriage under the age of 19 was the most questionable discussion in the three locations of legal counseling, namely Padak Guar village, Gereneng village and Masbagik Utara Baru village, East Lombok district and other legal issues related to the conditions of each village.
Penafsiran Hukum Pasal 87 Ayat (1) Huruf D PKPU Nomor 10 Tahun 2023 Tentang Tindak Pidana Lainnya Terhadap Hak Konstitusional Warga Negara Menjadi Calon Anggota Legislatif Mulyani, Basri
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 5 No. 2 (2024): PRAKTIK DAN PERLINDUNGAN HUKUM BAGI MASYARAKAT
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridicaugr.v5i2.326

Abstract

Election process disputes include disputes between Election Participants and disputes between Election Participants and Election Organizers as a result of the issuance of General Election Commission decisions, Provincial General Election Commission decisions, and Regency/City General Election Commission decisions. There are so many disputes that are submitted to the General Election Supervisory Body at every level from the stage of determining the Temporary Candidate List until the Permanent Candidate List has been determined, such as the adjudication dispute that occurred at the West Nusa Tenggara Province General Election Supervisory Body over the Permanent Candidate List having been determined for reasons of committing acts. other crimes. This research is normative legal research with a statutory approach and a conceptual approach. Starting from these different legal interpretations, the author conducted normative juridical research regarding the legal interpretation of the provisions of Article 87 Paragraph (1) letter d General Election Commission Regulation No. 10 of 2023 concerning Nominations of Members of the People's Representative Council, Provincial Regional People's Marriage Council and Regency/City Regional People's Marriage Council regarding the constitutional rights of citizens to become legislative candidates in the 2024 elections
ROLE MODEL PERLINDUNGAN HUKUM BAGI APOTEKER (Persfektif Hermeneutika Hukum) Mulyani, Basri; Malik, Djamil Abdurrahman; Nufus, Lale Syifaun
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 5 No. 2 (2024): PRAKTIK DAN PERLINDUNGAN HUKUM BAGI MASYARAKAT
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridicaugr.v5i2.328

Abstract

Pharmacists as a health professional have a strategic role in the current era of the health industry. Not only does it relate to professional entities that have special expertise in the production, distribution and availability of health supplies. But it plays a role in the health service aspect. In the four changes to health legal regulations, this has been accompanied by a new paradigm oriented towards the best service for patients. The optics used in this research rely on hermeneutics as the basic basis for text interpretation in order to capture the meaningful sense produced through a dialectical process related to the provisions of Article 304 in conjunction with Article 310 of Law no. 17/2023 concerning Health, which in principle provides space for the parties (patients and the pharmacist profession) to resolve problems outside of court. This type of normative doctrinal research, secondary data sources are primary, secondary and tertiary legal materials using a conceptual approach and a statutory approach. The research results show that in the role model, dispute resolution between patients and pharmacists can occur if in practice the health services provided are not based on good faith so that patients who experience losses can claim compensation by first taking efforts to resolve the dispute outside of court.
Co-Authors Johan Johan MAKSUM, HAIRUL Malik, Djamil Abdurrahman Nufus, Lale Syifaun