Articles
Tanggung Jawab Rumah Sakit Terhadap Kerahasiaan Rekam Medis (Medic Record) di Masa Pandemi Covid-19
Made Bayu Bagaskara;
A. A. Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.1.2022.26-30
Medical history is a file that contains important records or documents that contain the patient's identity in the examination, treatment, actions and services that have been provided to the patient. Medical records have a great influence on the legal relationship between hospitals and patients. This study examines two things, namely the legal arrangements related to the management of hospital patient files and the responsibility of the hospital to disclose the secret of medical records. The purpose of this study was to analyze the hospital's responsibility in the event of data leakage from the patient's medical history. This type of research is normative legal research, with an emphasis on legislation and literature studies, analyzing and revising applicable legal norms as the basis for problem solving. The results of the study indicate that the legal provisions contained in Article 58 of Law no. 36 of 2009 concerning health, hospitals can be sued for negligence in health services, including leaking medical secrets. And regulated in Article 58 of Law no. 36 of 2009 concerning Health, the hospital can be sued for compensation caused by errors or omissions in health services, including for leaking medical secrets.
Upaya Badan Narkotika Nasional Provinsi Bali dalam Menanggulangi Tindak Pidana Penyelundupan Narkotika oleh Warga Negara Asing
Gede Esa Surya Pramana;
A.A Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.1.2022.31-36
Narcotics smuggling carried out by foreigners is strictly prohibited in Indonesia, narcotics crime in society shows a tendency to increase narkotika this international crime enemy for country in the word. The National Narcotics Agency (BNN) is the front line in the fight against narcotics crimes, especially in the case of narcotics smuggling by foreigners. This thesis discusses the efforts of the Bali Province National Narcotics Agency in tackling Narcotics smuggling by foreigners and criminal sanctions if foreigners are caught smuggling Narcotics. This study uses an empirical legal research type with a sociological legal approach. The results of this study are the efforts of the Bali Province National Narcotics Agency in tackling Narcotics smuggling by foreigners by carrying out preventive and repressive efforts and criminal sanctions if foreigners are caught smuggling narcotics, namely imprisonment, fines, principal crimes and additional penalties.machine detection devices X-Ray at Ngurah Rai Airport and to foreigners not to try to smuggle narcotics because they contain opiate substances such as cigarettes that endanger themselves and others and if caught smuggling narcotics subject to imprisonment, fines , principal punishment, and additional punishment.
Pelaksanaan Kewajiban Pengembang dalam Penyediaan Fasilitas Umum dan Fasilitas Sosial Perumahan di Kabupaten Badung
I Wayan Aditya Indrayana;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 1 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.1.2022.37-43
The demand for the availability of housing needed to support the primary needs of the community, especially in the Badung Regency also continues to increase. However, the fact is that the housing development process is often not accompanied by adequate social facilities. There is a problem formulation, namely how to implement the developer's obligations in providing social facilities in Badung Regency housing and what are the obstacles to implementing the developer's obligations in providing social facilities in Badung Regency housing. The purpose of this study was to determine the implementation and development barriers. The method used in this research is empirical. There are still developers who have not fully provided social facilities in accordance with the regulations. In the provision of social facilities in Badung Regency are still several obstacles such as internal and external. The conclusion that can be drawn from this paper is that developers in Badung Regency have not fully carried out their obligations to build facilities in accordance with the site plan. the authors suggest implementing the developer's obligations in providing social facilities to run in accordance with the law, the government must carry out supervision and guidance for developers.
Sanksi Pidana Terhadap Pelaku Usaha dalam Memperjual Belikan Produk Makanan yang Telah Melewati Waktu Pemakaian
Darly Taruna;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.3.2022.249-253
The expiry period of the product is very important for consumers who enjoy the product for consumption, because it concerns the health of the body so that the community as well as social creatures who need clothing and food must be more careful in choosing products that can really protect themselves so as not to lose themselves. (1) What is the legal protection of consumers for expired food circulating in the community?, (2) What is the accountability of business actors for the circulation of expired food under the Consumer Protection Law? The method used is the normative legal research method. The implementation of consumer protection of expired packaged foods that are basically carried out by business actors, governments, nongovernmental organizations and consumers is with various efforts. Accountability for products that have been traded by business actors and that have been circulated to the market or consumers becomes the responsibility that circulates the product, namely business actors.
Kewenangan Pemerintah Daerah dalam Perizinan Pertanahan dengan Berlakunya UU Cipta Kerja
I Kadek Suwartana;
Ketut Kasta Arya Wijaya;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.3.2022.254-259
The enactment of Law No. 11 of 2020 concerning Job Creation experienced pro and con problems in social life, especially in the land sector. Multi-interpretation of regional authority in terms of licensing the land sector encourages the government as soon as possible to synergize existing regulations. The problems are: 1) What is the legal arrangement for permits related to land? and 2) What is the government's role in licensing in the land sector? The purpose of this research is to be able to find out the legal regulation of licensing related to land, and to know the role of the government in licensing in the land sector. The research method used is a normative research method. Regulations regarding land permits are broadly regulated in the main agrarian laws, namely Law Number 5 of 1960, and Law Number 23 of 2014 concerning Regional Governments regarding permits for land management in regions according to the autonomous system. The authority and role of the government in terms of licensing the land sector is also regulated through the law on spatial planning and location permit regulations.
Perijinan dan Tindak Pidana Terhadap Juru Parkir Liar di Kota Denpasar
Kadek Agus Mahendra Wijaya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/ah.4.3.2022.260-265
Permit is an agreement based on government regulations in certain circumstances as stipulated in the legislation. The formulation of the problem in this study is how is the regulation of parking permits in the city of Denpasar? and What are the legal sanctions for parking attendants if they do not have a permit? In this study, the author uses a normative research method with a statutory and conceptual approach. The results of the study to get a permit as a parking attendant are procedures and processes in order to get a permit as a parking interpreter in the city of Denpasar. Illegal parking attendants will receive the punishment obtained from the act of collecting illegal parking fees as a violation of the law. Parking permits in Denpasar City are clearly regulated in the Standard Operating Procedure for accepting parking attendants as contained in the Decree of the Board of Directors of the Regional Public Company Bhukti Praja Sewakadharma Denpasar City Number 1 of 2022 concerning Rules of Conduct and Behavior along with Sanctions for Parking Officers and Parking Attendants. The legal sanction obtained by the illegal judge is subject to Article 368 paragraph (1) of the Criminal Code.
Implementasi Tugas Pokok dan Fungsi Balai Pemasyarakatan Denpasar dalam Bimbingan Terhadap Klien Anak
Dwik Aditya Pramana;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jah.6.1.2024.65-71
Children in conflict with the law must be protected as the nation's successor, therefore the Correctional Center has an important role in guiding the child to be accepted back into society. The formulation of this research problem is , How is the implementation of the main tasks and functions of Denpasar Correctional Center? Factors that hinder the process of guidance to child clients at Denpasar Correctional Center? This research is of the empirical legal type, with a data analysis approach using descriptive methods. The results of the study show that the main tasks and functions of the Correctional Center in providing guidance to juvenile clients have been implemented properly, through two forms of guidance mechanisms. The conclusion of this study, there are obstacles by the Correctional Center in conducting guidance, these obstacles consist of internal obstacles and external obstacles. External barriers consist of communication problems. While external problems consist of the lack of availability of facilities and infrastructure. The author's suggestion in this study is that good coordination between legal agencies and the availability of adequate facilities and infrastructure are needed, so that the guidance process can be carried out properly.
Sanksi Hukum Terhadap Rumah Sakit yang Melakukan Pencemaran Lingkungan dengan Sampah Alat-Alat Kesehatan
Cahya Edy Priana;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jah.6.1.2024.14-20
Hospitals are a double burden on society because despite offering much-needed medical care, they also risk spreading disease and contributing to pollution due to the waste they produce. The formulation of the problem from this study is: How is the legal regulation for hospitals that pollute the environment with medical equipment waste? and What are the legal sanctions against hospitals that pollute the environment with medical equipment waste? This type of research uses normative legal research with the type of approach used is a statutory approach. Legal material is collected through literature studies and the analysis method that researchers will use is qualitative descriptive. The results of the analysis of the regulation of the Hospital Law that pollutes the environment with medical equipment waste are contained in the Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management. Legal sanctions against hospitals that pollute the environment with plastic medical device waste where hospitals that dispose of medical waste carelessly will be subject to legal sanctions in the form of revocation of the hospital's operating license and punished with a maximum imprisonment of 3 (three) years and a maximum fine of Rp. 3,000,000,000,000,00 (three billion rupiah)"..
Tinjauan Yuridis Penyidikan Tindak Pidana Perikanan di Laut Oleh Penyidik Polisi
Made Mahardika;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jah.6.1.2024.28-32
Starting from 2004, the illegal fishing sector is now supervised by Fisheries Law. Fishermen generally use a variety of fishing gear to pull fish from the waters, but any means that can damage the marine ecosystem in the long run are prohibited. The formulation of the problem in this study is, How are the arrangements for investigations carried out by investigators against perpetrators of fisheries crimes? And what is the authority in investigating fisheries crimes? This research aims to determine who has jurisdiction to investigate fishing offenses and how the police carry out such investigations. Specifically, a normative law study was used. Investigators from the Indonesian National Police (Polri) have the authority to investigate illegal activities in designated areas of Indonesia in accordance with the Criminal Procedure Law and other legal regulations. The procedure for investigating unlawful acts in the fisheries sector is based on the authority of Polri investigators as stipulated in Article 73 paragraph 4 Fisheries Law.
Pertanggungjawaban Pelaku Usaha Terhadap Keracunan Makanan Pada Konsumen
Michael Jose Rizal;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Analogi Hukum Vol. 6 No. 1 (2024): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jah.6.1.2024.65-71
Consumer protection regarding expired food circulating in the community is very important. Therefore, consumers need to be careful in choosing products so as not to suffer losses and maintain the health of their bodies. How is the legal protection of consumers related to expired food circulating in the community? How is the responsibility of business actors for the distribution of expired food based on the Consumer Protection Law? Normative legal research method is used to answer this question. Protection of consumers related to expired packaged food is carried out by business actors, government, non-governmental organizations, and consumers through various efforts. The responsibility for products traded by business actors and circulated to the market or consumers is the responsibility of business actors who distribute these products.