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PERLINDUNGAN HUKUM BAGI TERSANGKA PIDANA PAJAK DI PRAPERADILAN DITINJAU DARI PUTUSAN NO.PUT MK 21/PUU-XII/2014 Vonnicia Vonnicia; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol 8 No 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2139

Juridically, crimes in the field of taxation show that these crimes are the substance of tax law because the rules of tax law are violated. Sociologically, crimes in the field of taxation have shown a real situation that occurs in society as a form of activity by tax officials, taxpayers, tax officials or other parties. In the Constitutional Court Decision, it was decided that the provisions of Article 77 letter A of the Criminal Procedure Code do not have binding legal force as long as they are not interpreted including the determination of suspects, searches and confiscations. As for one of the legal considerations, the determination of a suspect is part of the investigative process which is a deprivation of human rights, so the determination of a suspect by an investigator should be an object that can be requested for protection through pretrial legal endeavors. This is solely to protect a person from the arbitrary actions of an investigator which is most likely to occur when a person is named a suspect, even though in the process it turns out that there was an error, so there are no institutions other than pretrial institutions that can examine and decide them. The research method used is normative juridical, the approach method is more emphasis on law, the source of legal material is law, and the type of collection of legal material is by literature study. The results of this study are that the Constitutional Court's decision provides protection for someone who has experienced an erroneous legal process when he is named a suspect. In the provisions of Article 8 of Law 39/1999 concerning Human Rights it is regulated that "The protection, promotion, enforcement and fulfillment of human rights is primarily the responsibility of the government. This means that the Constitutional Court takes a role in fulfilling human rights through its decisions as part of constitutional responsive efforts. One element of legal protection that is emphasized through this decision is legal certainty that investigators must carry out investigative actions in accordance with applicable legal procedures

KAJIAN YURIDIS BATASAN DOKTER DALAM MELAKUKAN TINDAKAN MEDIS YANG BUKAN KEWENANGANNYA DI TINJAU DARI UNDANG-UNDANG NO.29 TAHUN 2004 TENTANG PRAKTEK KEDOKTERAN Alfred Sutrisno; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol 8 No 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2140

A doctor is required to carry out his obligations and be responsible for every effort in medical action against patients. However, some doctor's mistakes occur due to negligence or negligence. Errors or omissions made by doctors when treating patients are known in medical science as Medical Malpractice. Errors or omissions that cause harm to the patient. The relationship between doctor and patient seen from the perspective of civil law is an engagement relationship that originates from agreements and laws, where the relationship between the health service provider (medical service) as a medical action and the recipient of health services, namely the patient. The method used in this research is normative juridical research method. With a legal approach, a case approach and a conceptual approach. Data collection techniques with library data and laws and regulations. The results of the research limit doctors are allowed to take medical actions that are not within their competence, the medical profession must first have STR and SIP as stipulated in Article 29, Article 36, Law Number 29 of 2004 concerning Medical Practitioners, doctors are not allowed to take medical action those who are not competent as long as they do not have a competency certificate for the recognition of what they have obtained during the educational process, and receive additional training to obtain these competencies, and carry out the referral process if they are unable to carry out patient examination and treatment. second, the settlement process is carried out first to MKDKI to determine violations of medical disciplines and forward to MKEK to determine ethical violations and impose ethical sanctions, Article 29 of Law Number 36 of 2014 Concerning Health, provides an alternative settlement through mediation, and if it is suspected of committing a crime the crime is forwarded to the competent authorities Article 66 paragraph (3) of Law Number 29 of 2004 concerning Medical Practitioners. Therefore, doctors must always be guided by professional standards and standard operating procedures in carrying out medical practices.

Penerapan Kebijakan Asuransi Nairobi Penyingkiran Kerangka Kapal Berdasarkan Ratifikasi Konvensi Internasional Penyingkiran Kapal 2007 di Indonesia Nanda Dwi Rizkia; Hardi Fardiansyah
Jurnal Hukum Sasana Vol. 9 No. 2 (2023): Jurnal Hukum Sasana: December 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/w6zvkt18

Guna meningkatkan keselamatan pelayaran terutama dalam menanggulang potensi bahaya yang ditimbulkan oleh kerangka kapal, Indonesia melalui Kementerian Perhubungan mengesahkan Konvensi Internasional Nairobi mengenai Penyingkiran Kerangka Kapal, 2007 (Nairobi International Convention on The Removal of Wrecks, 2007) melalui Peraturan Presiden Republik Indonesia Nomor. 80 Tahun 2020 Tentang Pengesahan Nairobi International Convention on The Removal of Wrecks, 2007 (Konvensi Internasional Nairobi Mengenai Penyingkiran Kerangka Kapal, 2007) yang ditandatangani Presiden Republik Indonesia, Joko Widodo pada 20 Juli 2020 di Jakarta. Metode Penelitian ini menggunakan jenis penelitian yuridis normatif dengan menggunakan pendekatan studi perbandingan dengan melakukan pengkajian terhadap peraturan perundang-undangan, Ratifikasi Konvensi Internsioanl, buku-buku, jurnal. Hasil penelitian pengesahan konvensi ini penting untuk menanggulangi potensi Bahaya yang ditimbulkan oleh kerangka kapal yang mengancam keselamatan pelayaran dan lingkungan laut serta untuk memberikan kepastian hukum terhadap pengaturan tanggung jawab dan ganti rugi penyingkiran kerangka kapal. “Pengesahan Ratifikasi Konvensi Internasional Nairobi ini sejalan dengan komitmen Kementerian Perhubungan Direktorat Jenderal Perhubungan Laut untuk terus meningkatkan keselamatan dan keamanan pelayaran serta perlindungan terhadap lingkungan laut,” Konvensi Internasional Nairobi tentang Penyingkiran Kerangka-Kapal, 2007, mengatur kewajiban asuransi penyingkiran kerangka kapal (Wreck Removal) yang mulai diberlakukan secara internasional sejak tanggal 14 April 2015.

Pengikatan Jaminan Pesawat Udara Terkait Dengan Ratifikasi Konvensi Cape Town 2001 Untuk Kepentingan Penerbangan Internasional Nanda Dwi Rizkia; Yuhelson; Ramlani Lina S
Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v7i2.1237

Exorbitant price of an airplane in Indonesia makes it inconvenient for domestic commercial airline companies to buy it in cash, therefore these airline companies need some firm bank and non-bank financial institutions for financial arrangement with a purpose of providing them credit payment with lease agreements, a venture with no option rights are unlikely found by bank or domestic financial institutions that responsible as creditor or lessor because aside from the excessive number of loans, the risk of default is high as well. Normative juridical research method, is a process to find the regulations, principles and doctrines of law in order to response and faced any legal issues, the outcome of research is domestic airlines inclined to choose leasing companies from abroad to get foreign creditors, the government of Indonesia has ratified the 2001 Cape Town Convention with the issuance of Law No. 1 of 2009 concerning Aviation which makes it easier for domestic commercial airlines to procure airplane under the SGU agreement because foreign creditors get legal warranty that have been acknowledged internationally. The convention regulates the creditor or the lessor of the airplane can withdraw directly from the debtor and operate the airplane as a leasing object without any options rights and procedures.

Patent Protection for The National Interest Nanda Dwi Rizkia; Hardi Fardiansyah
Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i1.1254

This research will analyze Patent Protection for the Interest of Indonesia. The approach used is normative law, to find the rule of law, legal principles, and legal doctrines in answering the legal issues at hand. This research will analyze the development of Intellectual Property Rights in essence is the development of Human Resources (HR), because IPR related to products and processes related to the IPR system is expected to develop HR, especially the creation of innovative, inventive culture. The role of intellectual property protection systems in relation to the protection of traditional knowledge, regarding how to preserve, protect and be fair in its use. Patent Protection is a matter of shared ownership of traditional knowledge.

Peran Notaris Dalam Transformasi Digital Dalam Rangka Kesejahteraan Masyarakat Indonesia Nanda Dwi Rizkia; Hardi Fardiansyah
Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i2.1281

Indonesia has a variety of genetic resources and traditional knowledge related to genetic resources that are abundant and have economic value so that they need to be preserved and developed so that they can be utilized in a sustainable manner as development resources for the greatest possible benefit and prosperity of the people, normative juridical research methods, a process to find legal rules, legal principles and legal doctrines to answer the legal issues at hand, the results of research on the Nagoya protocol are international agreements in the field of environment within the framework of the convention on biodiversity which regulate access to genetic resources and the sharing of benefits fair and balanced between beneficiaries and providers of genetic resources based on mutual agreement, the main problem is the reduction of the community's right to access in obtaining the right to a good and healthy environment, be it the right to information, the right to participate i, as well as the right to justice. In addition, there is a concept error in the formulation of strict liability which can result in difficulties implementing the concept. Eliminating the exceptions to the prohibition against burning for traditional farming communities has the potential to criminalize and shift the burden of responsibility.

THE URGENCY OF THE FARMER CARD POLICY IN IMPROVING THE WELFARE OF FARMERS IN INDONESIA Abdul Nadjib; Deni Gunawan; Etty Sri Hertini; Nanda Dwi Rizkia; Sintya Purwandaningsih
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 7 (2024): JULY
Publisher : Adisam Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research aims to (1) describe the scheme for distributing farmer cards to farmers; and (2) describe the urgency of implementing the farmer Card policy in improving the welfare of farmers in Indonesia. This research is qualitative-descriptive research. The results of this research show that (1) the scheme for distributing farmer cards to farmers is carried out through two models, namely non-cash fertilizer assistance funds and subsidized fertilizer quotas; (2) the urgency of implementing the Farmer's Card policy in improving the welfare of farmers in Indonesia, including equalizing agricultural fertilizer prices nationally, subsidized fertilizer policies that can be controlled by the government, and the effectiveness of the farmer's card policy in line with farmers' knowledge regarding the policy.

The City Government's Role In Begging Hardi Fardiansyah; Nanda Dwi Rizkia
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i4.2445

The purpose of this study is to ascertain how the Bandung municipal government interacts with homeless persons and to pinpoint the factors that support and impediment this interaction. This study employs a descriptive methodology and is qualitative in nature. The research subjects include the Mayor of Bandung, the Director of the Bandung City Social Service, and the sprawl of the City of Bandung. Based on the results of the data analysis, it is feasible to draw the following conclusion: The 2019 Bandung City Regional Regulation Concerning the Treatment of Vagabonds and the Homeless regulates how the municipal government is to handle gepeng. Social services aid in efforts to rehabilitate society. According to Article 16 of the 2019 Bandung City Regional Regulation, efforts to end homelessness are conducted in four different ways: prevention, repression, social rehabilitation, and reintegration activities. The central government's support, the 2019 Regional Regulation, the existence of non-governmental groups, and community support all contribute to the Bandung City Government's attempts to manage sprawl. Two barriers are the sluggish homeless culture and the cash-on-hand culture.

PERLINDUNGAN HUKUM BAGI TERSANGKA PIDANA PAJAK DI PRAPERADILAN DITINJAU DARI PUTUSAN NO.PUT MK 21/PUU-XII/2014 Vonnicia Vonnicia; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 8 No. 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2139

Juridically, crimes in the field of taxation show that these crimes are the substance of tax law because the rules of tax law are violated. Sociologically, crimes in the field of taxation have shown a real situation that occurs in society as a form of activity by tax officials, taxpayers, tax officials or other parties. In the Constitutional Court Decision, it was decided that the provisions of Article 77 letter A of the Criminal Procedure Code do not have binding legal force as long as they are not interpreted including the determination of suspects, searches and confiscations. As for one of the legal considerations, the determination of a suspect is part of the investigative process which is a deprivation of human rights, so the determination of a suspect by an investigator should be an object that can be requested for protection through pretrial legal endeavors. This is solely to protect a person from the arbitrary actions of an investigator which is most likely to occur when a person is named a suspect, even though in the process it turns out that there was an error, so there are no institutions other than pretrial institutions that can examine and decide them. The research method used is normative juridical, the approach method is more emphasis on law, the source of legal material is law, and the type of collection of legal material is by literature study. The results of this study are that the Constitutional Court's decision provides protection for someone who has experienced an erroneous legal process when he is named a suspect. In the provisions of Article 8 of Law 39/1999 concerning Human Rights it is regulated that "The protection, promotion, enforcement and fulfillment of human rights is primarily the responsibility of the government. This means that the Constitutional Court takes a role in fulfilling human rights through its decisions as part of constitutional responsive efforts. One element of legal protection that is emphasized through this decision is legal certainty that investigators must carry out investigative actions in accordance with applicable legal procedures

KAJIAN YURIDIS BATASAN DOKTER DALAM MELAKUKAN TINDAKAN MEDIS YANG BUKAN KEWENANGANNYA DI TINJAU DARI UNDANG-UNDANG NO.29 TAHUN 2004 TENTANG PRAKTEK KEDOKTERAN Alfred Sutrisno; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 8 No. 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2140

A doctor is required to carry out his obligations and be responsible for every effort in medical action against patients. However, some doctor's mistakes occur due to negligence or negligence. Errors or omissions made by doctors when treating patients are known in medical science as Medical Malpractice. Errors or omissions that cause harm to the patient. The relationship between doctor and patient seen from the perspective of civil law is an engagement relationship that originates from agreements and laws, where the relationship between the health service provider (medical service) as a medical action and the recipient of health services, namely the patient. The method used in this research is normative juridical research method. With a legal approach, a case approach and a conceptual approach. Data collection techniques with library data and laws and regulations. The results of the research limit doctors are allowed to take medical actions that are not within their competence, the medical profession must first have STR and SIP as stipulated in Article 29, Article 36, Law Number 29 of 2004 concerning Medical Practitioners, doctors are not allowed to take medical action those who are not competent as long as they do not have a competency certificate for the recognition of what they have obtained during the educational process, and receive additional training to obtain these competencies, and carry out the referral process if they are unable to carry out patient examination and treatment. second, the settlement process is carried out first to MKDKI to determine violations of medical disciplines and forward to MKEK to determine ethical violations and impose ethical sanctions, Article 29 of Law Number 36 of 2014 Concerning Health, provides an alternative settlement through mediation, and if it is suspected of committing a crime the crime is forwarded to the competent authorities Article 66 paragraph (3) of Law Number 29 of 2004 concerning Medical Practitioners. Therefore, doctors must always be guided by professional standards and standard operating procedures in carrying out medical practices.

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