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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.

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.

DISPARITAS HAK-HAK PROFESI SECURITY YANG TERIKAT PERJANJIAN KERJA WAKTU TERTENTU Narendra Buwana, Sudibyo Aji; Dahri Haji Dahlan; Hardi Fardiansyah; Nanda Dwi Rizkia
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.956

Workers' rights are one of the human rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. The results of his research show that there is a disparity in the rights of women workers. The conclusion is that the disparity in the rights of the security profession that is bound by fixed time work agreement that has been fulfilled at PT Jaguar Inti Perkasa is the provision of wages based on the city minimum wage, the provision of Holy Day Allowance rights, menstrual/menstrual leave rights, maternity leave rights, miscarriage leave rights, annual leave rights, permission to leave work with get wages, the right to occupational safety and health, the right to get the benefits of Institution of Social Security employment, the right to guarantee health care; While the disparity in the rights of workers bound by fixed time work agreements that have not been fulfilled is that they have not been given fixed time work agreement compensation money, there are no private regulations contained in company regulations governing the right to special facilities at certain hours for women workers, there are no provisions governing shift work hours for women workers, and there is no specific provision that regulates that women workers whose children are still breastfeeding must be given proper opportunities to breastfeed their children.

The Relationship between Ethics and the Legal Profession Code of Ethics in Law Enforcement Efforts in Indonesia Nanda Dwi Rizkia; Hardi Fardiansyah
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 1 (2024): January, 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i1.7581

Professional ethics is a set of standards established and accepted by specific professional groups as guidance on how to build and ensure the quality of their profession for its members. This research focuses on the ethics of police, prosecutors, judges, lawyers, and notaries. All of these fall under legal professional ethics, also known as special legal ethics. The research method employs normative legal research and conducts a review of regulations through a comparative approach. The research findings indicate that the relationship between ethics and the legal profession forms an institutional framework that carries out a series of crucial functions in social roles, especially in the development of science, humanities, and the field of education. During the implementation process, these professions do not always operate automatically based on beliefs in the importance of their functions but can be significantly influenced by various social power interactions. Ethics in the legal profession plays a crucial role in achieving fair law enforcement. Therefore, ethics in the legal profession (professional code of ethics) is a highly important part in regulating the behavior of legal practitioners, representing fair law enforcement

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