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KEDUDUKAN HUKUM PERJANJIAN TERAPEUTIK (ANTARA RUMAH SAKIT DAN PASIEN) DALAM PERSETUJUAN TINDAKAN MEDIK MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Novika, Rozi Oktri; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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At first the legal relationship between doctor and patient are vertical or paternalistic, but now changed along with the times and technological advances into horizontal contractual relationship, resulting in an agreement known as therapeutic agreement. The purpose from written this scripsion are; The First, the legal position of the therapeutic agreement (between the general hospital Dumai city and patients) in the approval of medical action under Article 1320 of the Civil Code, The Second, the rights and obligations of the parties in the therapeutic agreement (between the general hospital Dumai city and patients) in the approval medical action. This research method is a kind of normative legal research to the general principles of law.The conclusion are, The First, position regarding the legal agreement between the hospital and the patient does not create certainty, because under Article 1320 of the Civil Code or suitability konsesualisme opinion both parties must not only one party only. So if there is negligence or fault of health workers, patients would be difficult to prosecute.The Second, On approval of the installation of WSD (Water Seal Drainage) medical action in district general hospitals Dumai city, when seen in the agreement is not known who the doctor in charge, will cause the loss of the patient, because in case of errors or omissions committed the doctor, is not known to whom the patient will sueThis gives enormous influence to the patient in terms of asking for legal protection. Writter suggest, The First, the government should made law that specifically regulate this therapeutic agreement format, so that the uniformity of format in every hospital agreement. The Second, We recommend necessary to establish regulations governing the therapeutic agreement that it will also include the rights and obligations of the parties, so that there are special rules governing it and also establishes strict sanctions for health workers are guilty of negligence. So that health workers do their job very carefully and do not give rise to many more victims. Keywords: Therapeutic Agreement - hospital- Patients -Approval Medik

PERANAN MEDIATOR DALAM PENYELESAIAN PERKARA CERAI GUGAT DI PENGADILAN AGAMA PEKANBARU Nurvita, Nita; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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All cases that are not included in the exclusion criteria has to mediation first, not exception divorse case in religious courts.on these conditions, expected that the parties can find and see the positive side of the mediation proses offered with the assistance of a neutral mediator.Mediator is neutral meaning that doesn’t take sides (impartial), doesn’t have interest in disputes and does’t gain and lose if the dispute can be resolved or not completed or if mediation meet (deadlock). Mediator has a decisive of mediator.mediation is also determine by the mediator. The purpose of this research is to determine the effectiveness, role of mediator for resolvingdivorce cases in Pekanbaru religious court and things that become obstacles for mediator in resolving divorce cases in Pekanbaru religious court.Key Words: Mediation – Mediator – Role

KUASA MENJUAL SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KREDIT MACET DIKECAMATAN SUKAJADI KOTA PEKANBARU Afrian, Muhammad Eddo; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Improving standards of living, especially in the economic field can be done by encouraging the growth and development of both small-scale industries as well as large-scale as well as cooperative as the national economy. Since the birth of (UUHT) Law No. 4 Year 1996 on Mortgage then uninstall the mortgage on the collateral according to the rules of the Civil Code by using the authority to sell, but today is part of financial institutions such as banks continue to use certificate authorization to sell despite the guarantee of the debt had been installed / encumbered encumbrance and it is still run by a notary.This study aims to identify and explain the process of issuing certificate authority to sell by a notary and functions of the deed of power to sell that have been charged with security rights and protections afforded by a notary.This type of research using sociological research, which meant an immediate interview person.This study aims to identify and explain the process of issuing certificate authority to sell by a notary and functions of the deed of power to sell that have been charged with security rights and protections afforded by a notary.These results indicate procedures that have the authority to sell the encumbered encumbrance, it becomes pointless / useless. The function of the authority to sell will be effective when the debtor is given a warning after the publication of the creditors for the tort made by the debtor.Key Words:authority to sell-trouble debt–dispute resolution

PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company

TANGGUNG JAWAB GANTI RUGI ATAS PEMUTUSAN KONTRAK KERJA SEPIHAK TERHADAP PEKERJA OLEH PT.SUCOFINDO EPISI KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN ERIZA, NOVI; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Article 62 of the Employment Act has stated that, If one of the parties terminate the employment relationship prematurely ended or before the work packages of certain specified in the agreement is completed or terminates the employment relationship not because the worker died, and not because the end of the employment agreement, is obliged to pay wages workers until the expiry time for a period of employment agreement.The reality on the PT. Sucofindo Episi had terminate employment before the contract expires and the company does not want to pay in full the remainder of the contract is still there, as a result of workers suffered a loss in addition to not work anymore, workers' rights have not been fully met.Keyword: Torts - Employment Contracts - Termination

PENERAPAN PRINSIP GOOD FAITH BAGI DIREKSI PERSEROAN TERBATAS BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS Siltami, Frisa Ayu; ', Firdaus; Hanifah, Mardalena
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Directors shall be acting in good faith and responsibly in conducting management of the Company. It was done based on a standard of liability (standard of duty) the most high as stated by law. in this case the role was based beliefs that include, scrupulous, good faith, condor. Related to the case of a lease which is wrapped around the former director of PT Merpati Nusantara criminalizing directors of the company, especially in terms of decision-making led to a loss for the company when making such decisions based on good faith, and in accordance with the articles of association of the company. Article 97 Paragraph 5 of the Company Law says that the Board of Directors shall be take a responsibility for the loss of the Company if the directors can prove that in doing the maintenance company and the decision has been based in good faith and with prudence for the benefit and in accordance with the purposes and objectives of the company the.The research objective of this thesis, namely; First, the application of the principles of Good Faith in the Company Law. Secondly, legal certainty for directors of limited liability company that runs the principles of Good Faith by the Company Law.This type of research is a normative legal research. In a normative legal research, the author have examined the legal issues by using normative research on the principles of law.From the results of research and discussion of the problem there are 2 main things that can be inferred. First, the application of the principles of good faith in leading the Company's directors as stipulated in Article 97 of the Company Law. Although the Company Law acknowledges the existence of the principle of good faith, but no details of the Company Law and the details regarding the principle of good faith (good faith). Second, protection of legal certainty for directors in making a business decision has been regulated in Article 97 paragraph (5) of the Company Law, but in practice there are still many problems could be found for their interpretations in terms of the notion of state finances and state assets causing disharmony between the Company regulations and other regulation so that directors are acting in good faith for taking care of the company is hard to get legal certainty. Suggestions Author, First, should be made a special regulation governing the standard of good faith is not just for company directors, but for the organ of the company such as the AGM and the board of directors in order to create legal certainty for the organ of the company in carrying out their respective duties. Secondly, it needs to be harmonization of all four of the Act by changing the understanding of the State assets are separated state finances and to revise the law.Keywords: Principles of Good Faith, Directors, Limited Liability Company

PELAKSANAAN KEWAJIBAN PEMELIHARAAN ANAK (ALIMENTASI) OLEH ORANG TUA PASCA PUTUSAN PERCERAIAN DI KABUPATEN ROKAN HILIR ', Agen; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The obligation of parents toward children include the maintenance of the child, both parents are still intact in the bonds of marriage and those already divorced, reality although liability issues of parent against children after the divorce it has been arranged in various regulations perundang-undangan and islamic law, in Article 156 Compilation of Islamic Law on Marriage For Divorce Due to Rupture which reads mumayyiz Children who do not deserve hadhanah of her mother, unless the mother has died, children who already mumayyiz right to choose to get hadhanah of father or mother, and all costs and living hadhanah a dependent child's father according to his ability, at least until the child is an adult and can take care of themselves (21 years), but in public life still many parents, especially fathers who neglect these duties if he had been divorced by his wife / mother of his children.The purpose of this thesis is to determine how the shape of the child maintenance obligations (alimony) by parents after divorce judgment in Rokan Hilir district, to know how to remedy if the non-performance of obligations of child maintenance (alimony) by parents after divorce judgment in Rokan downstream.This study uses the Sociological Juridical for research conducted in the Religious Ujung Tanjung Rokan Hilir. Population and sample is the whole of the parties relating to the matter under investigation amounted to 3 people, the source of the data used is data, primary, secondary and tertiary, data collection technique used observation, questionnaires, interviews and review of the literature.From the discussion presented above it can be concluded that the implementation of the obligations of child maintenance (alimony) by parents after divorce judgment in Religion The court jurisdiction Ujung Tanjung Rokan Hilir not run smoothly and showed a lack of responsibility ex-husband / father of the child maintenance obligations that must be given to their children. Factors shortcomings of child maintenance obligations (alimony) by parents after divorce judgment can be grouped to four factors: the first factor of the economy, both public awareness, the third means and facilities in the implementation of law enforcement child maintenance obligations (alimony). And remedies, if not the implementation of the travel after the divorce judgment against the maintenance of the child is to execute payments.Keywords: Liability, child maintenance, post-verdict, divorce.

HUBUNGAN KEPERDATAAN ANAK LUAR NIKAH AKIBAT PERCERAIAN LIâAN MENURUT KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Mayangsari, Endah; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Compilation of Islamic Law explains that children from the extramarital relationships have only civil relationship with her mother. Such conditions that, in contradiction with the Act No. 35 of 2014 regarding Child Protection which regulates the rights of children on welfare by her parents not the mother alone. The concept of Islamic law (Fiqh), a child outside marriage (zina) is the responsibility of the mother to just have a civil relationship to her mother alone, so that legally fall his obligation to provide a living, heritage and be the guardian of the child. In practice proceedings, the authors see their case Jinhuang and denial of children on the register No. 163 K / AG / 2011 in the Supreme Court is able to answer the question of the protection of children out of wedlock, while maintaining the mandate of the Act No. 35 of 2014 on Protection of Children and Islamic Law Compilation.The method used is Library Research with normative juridical approach, while the nature of this thesis research is exploratory (exploratory or browsing). How research is to conduct a literature study by visiting and looking for reference books related to several libraries. Results of the study found was the order for the achievement of the rights of a child out of wedlock as a result of divorce Jinhuang called the child of adultery, the wife who has been in the Jinhuang can attest to the Religious Court that the man is the biological father of her child and the wife was able to submit a new application to the Religious Court in terms of ratification of the child. Advice writer, is expected to the wife / woman must not approach fornication. Zina in view are forbidden in Islamic law and national law because there are parties who do not now in view of the public eye because of deeds done.

PELAKSANAAN DISPENSASI NIKAH DI BAWAH UMUR DI DESA KULIM JAYA KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safari, Zui Zui Anita; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Underage marriage is a marriage that is performed by someone who has not met the minimum age limit for marriage . Underage marriage actually be done with specific reasons and must be accompanied by a decree of the Court of Religion according to the contents of Article 7 paragraph ( 2 ) of Law No. 1 of 1974 About Marriage ( hereinafter called the Marriage Act ) . In fact, in the village of Kulim Jaya there are still underage marriage that is not accompanied by a decree granting a dispensation marriage of Islamic Court . The purpose of this thesis research is to determine how the implementation of the dispensation of marriage in the village Kulim Lubuk Batu Jaya Jaya District of Indragiri Hulu , and to know the reason KUA Lubuk Batu Jaya remained married couples under age without a dispensation giving marriage of Religious Court and to know the reasons actors marriage minors do not follow the trial court granting the dispensation of Religion .The method used is Observation Research with juridical sociological approach , sedangkat nature of this thesis research is descriptive . The way research is by way of surveys and structured interviews . Results of the study found is still the presence of underage marriage in Kulim Jaya village which is not accompanied by a decree granting marriage dispensassi of Religious Court . KUA Lubuk Batu Jaya remained married couples under age without a court order as a state religion pregnant outside marriage and economic circumstances are not allowed to attend the session in the Religious . Performers underage marriage did not follow the trial in court to obtain a dispensation Religious marriage by reason of distances , complicated procedures and a long time . Suggestions author , the first expected to KUA Lubuk Batu Jaya in order not to marry underage partner without marriage dispensation decree of Islamic Court . Both the KUA Lubuk Batu Jaya to be more prudent in giving the decision to marry couples under age , and the third to parents whose children will marry underage dispensassi it has obtained a marriage in the Religious .Keywords : Dispensation of Marriage , Marriage Law , Kulim Desa Jaya Indragiri Hulu

PELAKSANAAN JAMINAN SOSIAL KESEHATAN OLEH BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN DI RUMAH SAKIT UMUM DAERAH PETALA BUMI PROVINSI RIAU Mizanty, Novradiella; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Social Security Agency of Health is an agency established by the Government which is responsible for providing kesejehteraan people in terms of health. Social Security Agency of Health works on the principle of insurance, namely health insurance are provided to the insured who is already a member and pay dues every month. In this study, the authors are insured, namely the Civil Apparatus Countries using the Social Security Agency facility health at the General Hospital of the Earth Petala Riau Province. Where in the user Apparatus State Civil are getting various constraints, among others, the lack of pengawassan to the insured, the slow pace of service and service are convoluted, so that the insured were less satisfied with the service Regional General Hospital Petala Earth using the facility Social Security Agency of Health,Objectives achieved in writing this essay, among others, to know the process of the implementation of the social security health by the Social Security Agency of Health for the Reform of Civil State in the General Hospital of Petala Earth Riau Province, to determine the existing constraints in providing social security health for Reform of Civil State and efforts that can be done to overcome the existing obstacles in implementing the health insurance for the State Civil Apparatus. This research was socio-juridical, ie research that compares the existing regulations in the legislation applicable to the real conditions on the ground, which will draw conclusions from things that are common to the things that are special.The results of this study describes the implementation, obstacles, and efforts experienced by the Social Security Agency of Health in providing health insurance for the State Civil Apparatus in the General Hospital of the Earth Petala Riau Province. Moreover, I also will give some suggestions that may be useful for future improvements to the various parties involved, namely the State Civil Apparatus, The Social Security Agency of Health and The Regional General Hospital Petala Earth Riau Province.Keywords: Social Security Health, Civil Administrative State, Regional General Hospital Petala Earth Riau Province

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