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Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Oleh Dinas Pemberdayaan Perempuan, Perlindungan Anak, Pengendalian Penduduk, dan Keluarga Berencana (Dp3ap2kb) Kota Padang Trisanti Trisanti; Aria Zurnetti; Khairani Khairani
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.916

Abstract

Children are very vulnerable to becoming victims of crime, many children are targets of acts of violence. In Padang city violence against children in 2021 there was 63 cases of violence recorded. Based on Article 59 paragraph (1) of Law Number 35 of 2014 concerning Child Protection, local governments are obliged to provide protection for child victims. This research focuses on two issues, First: How is the legal protection of child victims of violent crimes committed by DP3AP2KB Padang City, Second: How is the implementation of legal protection for child victims of violent crimes committed by DP3AP2KB Padang City.This study uses empirical juridical research methods with analytical descriptive characteristics. Sources were obtained from interviews, reports and documents. Secondary data comes from related laws and regulations, articles, journals, and internet sites. The results of the research, First, the legal protection carried out by DP3AP2KB is to provide consulting services and legal process assistance to ensure the fulfillment of children's rights so that they can recover and be able to carry out social functions in their environment, social field. Second, the implementation of legal protection for child victims of violent crimes by DP3AP2KB experienced several obstacles, namely a lack of human resources, a lack of special experts such as child clinical psychologists and a lack of budget, facilities and infrastructure. so it must coordinate with other agencies.
Pemenuhan Hak Atas Jaminan Kesehatan Terhadap Pekerja Swasta dengan Status Probation atau Masa Percobaan di Kota Padang Sherly Mutya; Elwi Danil; Khairani Khairani
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.959

Abstract

The fulfillment of workers' rights in the form of health insurance is a program in accordance with the mandate of the Constitution. Realized through Law of the Republic of Indonesia Number 40 of 2004 concerning the National Social Security System regulates the basic rights to a sense of security owned by workers /employees. Among them, the right to welfare includes health insurance programs, work accident insurance (JKK), death insurance (JKM), and old age insurance (JHT). The formulation of the problem in this study is: 1). How is the arrangement or protection of health insurance for private workers with probation status or probation period in Padang City?, 2) Factors that play a role in fulfilling the right to health insurance for workers with probation status or probation period in Padang City?. This research uses normative juridical methods that focus their studies by viewing law as a complete system, including a set of legal principles, legal norms, and legal rules, in this study in addition to using secondary data also using empirical data, but does not eliminate the nature of this research as normative research. The results of this study are: 1) Non-implementation of the Law and all regulations governing health insurance for private workers with Probation status in general, 2) There must be a policy issued by the government strictly regarding the sanctions given if workers do not get health insurance.
Perlindungan Pekerja Anak sebagai Anak Buah Kapal (Studi Anak Buah Kapal Nelayan Juragan di Teluk Kabung Tengah Bungus) Nora Aisa; Khairani Lubis; Azmi Fendri
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.985

Abstract

Child labor is a child who does any type of work that has a nature or intensity that can interfere with education, endanger safety, health and growth and development can be classified as child labor. The prohibition to employ children is contained in Article 68 of Law Number 13 of 2003 concerning Manpower which regulates the prohibition of employers employing children. However, the fact is that there are many child laborers, one of which is child labor as crew members in Teluk Kabung Tengah Bungus. The prohibition of working for children is intended to provide protection for children, child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with the dignity of humanity, and receive protection from violence and discrimination. The problems in this study are (1); How is the protection of child laborers as crew members in Teluk Kabung Tengah Bungus (2); What are the factors that cause the existence of underage crew members employed in Teluk Kabung Tengah Bungus. This research is a type of empirical normative research that uses secondary data (literature) and is supported by primary data based on field research, such as observations, interviews, and surveys. Based on the results of the research, it can be described that the legal protection system for child laborers as crew members has not been implemented in accordance with the law.
Penyelesaian Pemutusan Hubungan Kerja Terhadap Pekerja PT Tirta Investama (Aqua) Solok Maudyta Putri Oktyawati; Khairani Khairani; Darnis Darnis
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.162-175.2023

Abstract

Abstract Unilateral termination of employment by PT Tirta Investama (Aqua) Solok was the result of a strike by workers demanding unpaid overtime wages from 2016 to 2022. Government involvement, in the form of monitoring and supervising the termination of employment and the fulfillment of workers' rights by companies, particularly by the local Manpower Office, is necessary. The issues addressed in this research are: 1) The mechanism of employment termination carried out by PT Tirta Investama (Aqua) Solok; 2) The fulfillment of the rights of workers affected by the employment termination by PT Tirta Investama (Aqua) Solok; and 3) The actions taken by the Solok District Manpower Office in response to the employment termination by PT Tirta Investama (Aqua) Solok. To address these issues, a normative empirical research method is used, which involves examining the implementation of regulations and how they are applied in society. Both primary and secondary data are used, collected through interviews and document studies. Based on the research results, the following conclusions can be drawn: 1) The mechanism of employment termination by PT Tirta Investama (Aqua) Solok is considered unilateral and not in accordance with the reasons stated in Article 153 and Article 154A of the Manpower Law, as updated by the Job Creation Law; 2) The company has provided severance pay and compensation to the workers affected by the employment termination, but the amounts are not appropriate for the workers; and 3) The Solok District Investment and Integrated One-Stop Service and Manpower Office has attempted to resolve the dispute by summoning both parties before mediation and holding several meetings with the management of PT Tirta Investama (Aqua) Solok to advocate for the rights of terminated workers in a mutually beneficial manner.
Penyelesaian Sengketa Medik Terhadap Adanya Dugaan Kelalaian Medik oleh Dokter Gigi dalam Perspektif Hukum Kesehatan Puti Sari Mayang; Khairani Khairani; Siska Elvandari
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

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Abstract

Health services lead to health development which aims to achieve awareness, will, and the ability to live healthy for every resident in order to achieve optimal public health status as aspired to in Law Number 36 of 2009 concerning Health. In terms of optimal health services, it is certainly expected to create professional health workers in carrying out their profession, especially dentists. However, in carrying out medical practice, it is possible for a dentist to commit medical crimes that have an impact on the patient's health. Where medical negligence that results in disruption of patient health can result in disruption of medical health between doctors and patients. But not infrequently in terms of legal protection and in solving medical problems there are significant obstacles to solving legal problems. So to answer this problem, it is necessary to know the form of patient legal protection for the existence of medical justice by dentists and how to settle medical settlements between patients and their families and doctors based on the provisions in force in health law. The research method used is descriptive normative research. The results of the study revealed First, that legal protection for patients due to dentist negligence has been specifically accommodated in several laws related to health, but this legal protection has not run optimally because there are still massive obstacles originating from the legal substance of the legal structure and legal culture. who have not been able. Second, the causes for the medical settlement are qualified into three things, namely due to the absence of medical negligence, medical failure and medical malpractice, then in terms of the settlement of medical settlements it has not run optimally either through non-litigation or litigation, therefore the need for a Medical Dispute Settlement Court (PSSM) which specifically resolves cases related to health law in Indonesia.
Analisis Permasalahan Outsourcing dari Perspektif Hukum dan Penerapannya Khairani Khairani
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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Abstract

ABSTRACT: Outsourcing is a matter worded in the Labour Act and the latest issue in relation to Indonesia labour. It is ruled in terms of easing employers to manage the company in providing the labour service. The implementation is regulated strictly in Article 64-66 of the Act Number 13, 2003 regarding the Labour. However, in the implementation level the violation is unavoidable causing the trouble. It happens as the outsourcing is defect both the legislation and its implementation. Outsourcing Analysis Problem from the Perspective of Law and Implementation
Tinjauan Yuridis Terhadap Perbuatan Aborsi Akibat Pemerkosaan Berdasarkan Ketentuan Peraturan Perundang-Undangan Engga Lift Irwanto; Khairani
UNES Journal of Swara Justisia Vol 7 No 4 (2024): UNES Journal of Swara Justisia (Januari 2024)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i4.441

Abstract

Fenomena Aborsi bukanlah menjadi suatu pristiwa hukum baru di Indonesia, dimana aborsi dijadikan suatu alternatif bagi kaum hawa khususnya untuk mencegah terjadinya pertumbuhan janin. Menurut Fact Abortion, Info Kit on Women’s Health oleh Institute For Social, Studies and Action, dalam istilah kesehatan aborsi didefinisikan sebagai penghentian kehamilan setelah tertanamnya telur (ovum) yang telah dibuahi rahim (uterus), sebelum janin (fetus) mencapai 20 minggu. Dalam pelaksanaan aborsi tidak selalu bertentangan dengan hukum karena ada perbuatan aborsi legal apabila memenuhi kriteria tertentu sebagaimana yang diatur di dalam Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan dan di dalam Peraturan Pemerintah Nomor 61 Tahun 2014 Tentang Kesehatan Reproduksi. Dimana persoalan tersebut akan dijawab dengan rumusan masalah, pertama bagaimana pengaturan hukum dan pandangan norma yang hidup dalam kehidupan bermasyarakat terkait legalisasi aborsi di Indonesia?, Kedua bagaimana membuktikan adanya tindak pidana pemerkosaan dan metode dalam melakukan aborsi (pengguguran kandungan) akibat korban pemerkosaan ?. Penelitian ini merupakan penelitian yuridis normatif. Dimana dari hasil penelitian menyatakan bahwa aborsi Setiap Orang dilarang melakukan aborsi, kecuali dengan kriteria yang diperbolehkan sesuai dengan ketentuan dalam kitab undang-undang hukum pidana, misalnya korban pemerkosaan ataupun karena gangguan kehamilan serius.
Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach Khairina Khairina; Khairani Khairani; Roni Efendi; Kasmuri Kasmuri; Okky Afrianto
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11565

Abstract

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case
Dispute Resolution Through Online Mediation Based on Supreme Court Regulations Hidayati Fitri; Khairani Khairani; Roni Efendi
Alfuad: Jurnal Sosial Keagamaan Vol 8, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jsk.v8i1.11424

Abstract

This article is motivated by the need for mediation to be carried out optimally to resolve cases in court. The purpose of this article is to explain the substance of mediation in the process of resolving divorce cases and the importance of mediation in resolving household disputes. The method used in this paper is the Normative method with a conceptual approach to analyze problem-solving from the aspects of legal concepts and values contained in norms. The data collection technique used in this paper is a documentation technique and the results are analyzed qualitatively. The research results show that the mediation regulations contained in PERMA which regulate mediation contain important substances that must be understood by the mediator and both parties. Mediation is important to carry out directly to minimize the occurrence of divorce and minimize disputes that may arise after the divorce occurs.
Legal Protection For Notaries By The Notary Honorary Council as A Witness in The Case Of Identity Forgery By The Parties Making The Deed Khairani; Putra Finalo, Argi; Gettari, Trie Rahmi
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/e5zk0q74

Abstract

Notary is a legal profession whose rights and obligations have been regulated in such a way in Law Number 30 of 2004 concerning the Notary Position (hereinafter referred to as UUJN). Where in Article 1 of the UUJN states "Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law". However, in terms of carrying out his professional duties, it is not uncommon for a notary to stumble into legal cases such as being a witness in an authentic deed dispute that he has made due to identity forgery by the parties who made the deed. Therefore, the existence of a Notary as a witness in a court hearing requires legal protection, especially from the Notary Honorary Assembly. Departing from this problem, this study has two problem formulations, First:  What is the Role of the Notary Honorary Assembly towards Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?, Second: What is the Legal Protection for Notaries as Witnesses in the Case of Identity Forgery by the Parties Making the Deed?. So to answer these problems, this study uses a juridical-normative research method. The results of this study state that the UUJN has given birth to one of the legal protection instruments for notaries, namely the Notary Honorary Assembly Institution, where one of the main tasks is to give approval or rejection of the request for approval to summon notaries to attend investigations, prosecutions and judicial processes. However, in practice this is still often ignored so that there are many notaries who are harmed by a criminal case.