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Mardalena Hanifah
Universitas Riau
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Public Health Social Sciences Other

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PERSETUJUAN TINDAKAN KEDOKTERAN PADA TINDAKAN BEDAH DITINJAU BERDASARKAN PERATURAN MENTERI KESEHATAN REPUBLIK INDONESIA NOMOR 290 TAHUN 2008 TENTANG PERSETUJUAN TINDAKAN KEDOKTERAN DI RUMAH SAKIT UMUM DAERAH PETALA BUMI PROVINSI RIAU JIMMY FEBRYANTO SILITONGA; Mardalena Hanifah; Rahmad Hendra
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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Abstract

Doctor, patient and hospital are the law subject in medical care. Medical care begins with therapeutic transaction. It means an agreement between doctor and patient based on faith. Doctor and patient has right and duty their self. Doctor as a professional health care providers must be know and do the sixteen duty in their profession, which one consist from informed consent. Informed consent must be explained clearly. But in the fact, the doctor seldom expplained about informed consent, that may caused patient never know abaout it.In this case, related to implementation and responsibility in medical care especially surgery at RSUD Petala Bumi Provinsi Riau. The purpose of this thesis, First, the implementation of informed consent in surgery at RSUD Petala Bumi Provinsi Riau. Second, the responsibility of medical care for patient based on informed consent in surgery at RSUD Petala Bumi Provinsi Riau. The type of this research be classified as sociological juridical research, because in this research, the author directly organize a research in the location of research to give a complete describing about the issues that was examined. This research be held in RSUD Petala Bumi Provinsi Riau, whereas the population and sample is a whole party that was related to the issues. The data based on primary data, secondary data, the collecting data technical in this research consist of quitionaire, interview and library research.There are two main idea that can be resumed. First, the implementation of informed consent in RSUD Petala Bumi Provinsi Riau was not working. The information that given by doctor was not completely. In fact, the informed consent form was not fill too completely. The second, RSUD Petala Bumi Provinsi Riau does not have the list of medical record about informed consent. It means RSUD Petala Bumi Provinsi Riau does not care about the responsibility in medical care to the patient. The conslusion is the implementation of informed consent just only formality without caring the law aspect. The author suggestion, First, for the government through Health Ministry must make a rule of law to the health care providers and the doctor that was not make informed consent in their medical care. The second, doctor as a part in medical care that directly communicate to the patient must fix the relationship both of them. RSUD Petala Bumi Provinsi Riau must too make the list of medical record about informed consent.Keywords: Informed Consent, Surgery, Therapeutic
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA MIKRO KECIL DAN MENENGAH (UMKM) DI KOTA PEKANBARU Jordi Satria Nanda; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Basically the activities of Micro, Small and Medium Enterprises (SMEs) lack of legal protection from the government, it is because the government should provide a means of marketing, but it turns out it is not done because the government only provides training to businesses, and does not carry out supervision of their coaching and the development of micro, small, and medium to obtain financing and services / financial product and no one gives a means of marketing.The purpose of this thesis are: First, to determine the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru. Second, to determine factors inhibiting the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru.This research is a sociological juridical legal research or direct writers to conduct research in the area of Pekanbaru city, namely the small and medium entrepreneurs in the city of Pekanbaru as rattan enterprises located in the territory Rumbai in order to provide complete and clear picture of the issues examined.The final conclusion, First, the Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru is not going well because the government only in the form of the creation of a business environment conducive to business development and human resources capacity building through Technical Assistance in the form of training and were not accompanied by capital requirements and Enhancing productivity and mastery of technology through the help of production facilities and infrastructure such as rattan, licensing form of CV, Certification Trademarks SMEs, and development in the field of design and technology and the government has not been able to provide a means of marketing well to businesses mainly to businesses rattan craftsmen. Second, Inhibiting Factors Legal Protection Against Perpetrators of Micro, Small and Medium Enterprises (SMEs) in the city of Pekanbaru is seen from entrepreneurs is that many business operators rattan no training, do not master the field of design and technology, does not meet the requirements in licensing in order to obtain the certificate brands trade. While the government is that the government does not have sufficient funds to carry out the development of Micro, Small and Medium Enterprises (SMEs), and it's hard to do marketing the production because of competition from outside the region and from abroad. The suggestion of the results of this study are. First, Should the government more active in the provision of capital requirements as well as marketing. Secondly, We recommend that the government opened an innovation to open a global marketing.Keywords: Legal Protection-business communities, Micro, Small and Medium Enterprises (SMEs).
TINJAUAN YURIDIS PUTUSAN PERKARA NOMOR 53/PDT.G/2015/PN.Pbr TERHADAP PERCEKCOKAN SEBAGAI ALASAN PERCERAIAN DI PENGADILAN NEGERI KELAS 1 A PEKANBARU (Studi Putusan Nomor 53/Pdt.G/2015/PN.Pbr) Ananda Jelita Putri; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Marriage is a spiritual and physical bond between a man and a woman who has grown up under the provisions of the applicable legislation and is eternal and immutable toward domestic life happy and prosperous. The breakdown of marriage is the end of a marriage that has been fostered by the couple, which is caused by several things, such as death, divorce, and the court's decision. In contrast to what happened in pair Deddy Sosandy Hutapea and Evi romian Boru Sitorus, the reason for divorce is a divorce decision made by the District Court 1 Class A Pekanbaru with case number, No. 53 / Pdt.G / 2015 / PN.Pbr. the chronology is' Deddy Sosandy Hutapea divorce his wife Evi romian Boru Sitorus arguing that Evi romian Boru Sitorus a defendant can not take care of a child with a good result the child several times falls well short of the bed and in the bathroom as a reason for divorce. Based on the above, the writer wanted to know How consideration of the judge in the case decided fray as the reason of divorce (the study of decision No. 53 / Pdt.G / 2015 / PN.Pbr, and whether the consideration of judges in decision No. 53 / Pdt.G / 2015 / PN.Pbr, that it meets the principle of legal certainty.This type of research if viewed from the angle of its kind, this research can be classified to the normative research. Normative research is legal research library that includes the study of the principles of law, the source of the data used are primary data and secondary data, this research technique to the study of literature and interviews.From the research and analysis of the author based on the principle of legal certainty in mind first, the reasons for the decision in case No. 53 / Pdt.G / 2015 / PN.Pbr not in accordance with the legal basis and the existing arrangements is based on Article 39 of the Marriage Law No. 1 1974. On the basis of the proposed plaintiff judges should not be in favor of the plaintiff.Keywords: Decision, Reason Disputes, Divorce.
PERBANDINGAN HUKUM GADAI SYARIAH DENGAN GADAI KONVENSIONAL PADA PT. PEGADAIAN PEKANBARU SITI SUHAINA; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pawn is an insurance agency that has been very well known and in public life, in an attempt to obtain funds to share the needs of legal transactions pawn in Islamic jurisprudence called ar-Rahn. Arrahn is an agreement to hold an item as a dependent on debt and the lien conventional and syariah pawn has similarities and differences in the application of the concept of the pawn.In this study, the problem is how differences in syariah pawn agreement with the conventional mortgage and how equality in Islamic pawn contract conventional mortgage. Based on the research results, the equation contract pawn Islamic and pawn conventional mortgage, namely: the pawn is a guarantee that a person can pay its debts and if it fails to fulfill the rights of creditors to take payment of the object guarantees, the subject of the pledge is the recipient pledge and the pledgor, goods pawned both in terms of pawn islamic and conventional mortgage is not taken advantage, the recipient pawn has the right to sell the goods as collateral if the debt is not able to repay their debts, and shall keep and maintain the goods as collateral, and the pledgor is entitled to receive the remainder of the results of execution and required to settle the obligation. While differences in syariah and conventional mortgage lien, namely in terms of the legal basis where sharia lien based on the Qur'an, Hadith, consensus, and the MUI Fatwa, while pawn konvensioal by the Civil Code, conventional mortgage agreement only 1 (one) while at Rahn ( sharia), 2 (two) contract, fixing a day on conventional mortgage is determined per 15 days while at rahn (sharia) is determined per 10 day period in the conventional mortgage up to 3 months while on rahn (sharia) based on the calculation that there is, in the case taking the money from the auction of the lien, if within one year not taken the rest of the money is executed then becomes property of the pawnshop while in rahn if the remaining money from the auction results are not taken then it will be submitted to the Agency Amil Zakat (BAZ), the estimated goods in pawn sharia greater than estimated in the conventional mortgage, the decision marhun on syariah pawn directly come on the appointed day, while on a conventional mortgage should contact the cashier one day prior to the decision.Keywords: Comparison of Islamic Pawn - Pawn Conventional - PT. pawnshop Pekanbaru
ANALISA HUKUM TERHADAP PERKAWINAN BEDA AGAMA (STUDI PENETAPAN NOMOR: 198/Pdt.P/2013/PN.Lmj) Shelly Novita; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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This research is motivated by the presence of PenetapanNomor : 198 / Pdt.P / 2013 / PN.Lmj State issued olehPengadilan Lumajang . In this determination , the judge mengabulkanpermohonan interfaith couples marriage between Sri Mulyani Christian with Muslim Hadi Susanto using legal basis terdapatdalamPasal 35 letters ( a) UndangNomor Act 23 of 2006 on Population Administration although basically according to Islam and Christianity not mengehendaki their interfaith marriage .Article 2 Paragraph 1 of the UndangNomor 1 1974 About Marriage mention that legal marriage is according to religion and beliefs of each and has been interpreted to mean that the law prohibits interfaith marriage . The author raised this issue with the formulation of the problem related to the basic consideration in determining the application judge interfaith marriage are associated denganUndang - Law No. 1 of 1974 About Marriage .The author uses the method of normative research on this issue , the approach used is an approach to literature and legislation . This serves to study the consistency is there kesesuaiandan antaradasar legal reasoning used by the judge UndangNomor Act 1 of 1974 TentangPerkawinandanjugaUndang - UndangDasar 1945 .From the research tersebutdapatdisimpulkan that the determination of the judge who granted the request of interfaith marriage in Determination No. 198 / Pdt.P / 2013 / PN.Lmj has violated the provisions of the marriage law judge judgment using a letter of Article 35 of Law No. 23 of 2006 About Administration Population that interfaith marriage is considered invalid . AGMA different marriage also violates the values contained in the Pancasila as the first principle states that " Belief in One Almighty " .Keywords : Marriage , Interfaith Marriage , Marriage Law
PERLINDUNGAN HUKUM TERHADAP PRODUK PANGAN YANG TIDAK MEMENUHI SYARAT LABEL BERDASARKAN UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI PROVINSI RIAU Suryadiansyah S; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Understanding food labels according to Article 1 paragraph 3 of Government Regulation 69 of 1999 on Food Label and Advertisement is any description of the food in the form of picture writing, a combination of both, or form a food that came in, put in, attached to, or part food packaging, hereinafter in this regulation called LabelBased on this understanding, the author formulated two formulation of the problem, namely: First, how is the responsibility of businesses to the product labeling does not think large hall drug and food control. Second, whether the legal consequences for food products that do not qualify labeling great hall Food and Drug Administration.This type of research is classified in socio-juridical research, in this wear properties descriptive study using research methods that sought to describe and interpret the object in accordance with what is, with the aim of describing systematically, facts and characteristics of the object under study as appropriate. This research was conducted at the Center for Food and Drug Administration in Pekanbaru, the data used is primary data, secondary data, and data tertiary and research data collection techniques such as interviews, questionnaires and literature study.From the results, it can be concluded that, First account those who market food products to the inclusion of non-qualified labeling labels on food products is to provide a form of warnings and reprimands alone does not make businesses wary. Second, the number of food products that have been circulating in the city of Pekanbaru be a task for the Center for Food and Drug Administration to oversee the food products that have been circulating, lack of human resources that are in the Great Hall of the Food and Drug Administration in Pekanbaru be one performance bottleneck BBPOM that ineffective, and also supposed to give the sanctions more firmly to business actors.Keywords: Responsibility, Food Products, Labeling Requirements
PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS ATAS PERUSAHAAN ASURANSI YANG DIPAILITKAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG PADA PT. ASURANSI JIWA BUMI ASIH JAYA CABANG PEKANBARU ASIKA EUNIKE SORMIN; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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PT Asuransi Jiwa Bumi Asih Jaya can be classified as an insurance company engaged in the field of life insurance, in this case the insurance products. A healthy insurance undertaking is an effort to address the risks faced by members of the public. Insurance companies that provide comfort for its customers, or the so-called policyholder also has shortcomings if they do not perform the payment of claims to policyholders.Company who can not make a payment due to the threat of bankruptcy, but if bankruptcy is not the case then they should have been paying claims and is responsible for customer risk. Results can be concluded that the authors obtained. The first protection obtained policyholder is not in accordance with provisions in the Act, second, that the responsibility of the insurance company does not fit because the insurance company can not give assurance and guarantee of payment of the claim.Keyword: Legal Protectio - Insurance - Bankruptcy
PERLINDUNGAN KONSUMEN DITINJAU DARI PENGOBATAN TRADISIONAL RAMUAN DAN KETERAMPILAN DI KECAMATAN SENAPELAN KOTA PEKANBARU Harani Fitryan; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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This study was motivated by the traditional medicine which is used as an option by some Indonesian society as complementary to conventional treatment so as to encourage the establishment of many traditional medical practices that do not have permission, especially in Sub Senapelan Pekanbaru. Based on this, then it is fitting needs to be done to consumer protection in this case is a patient of traditional medicine. The government is required to provide guidance, supervision and guidance so that this can be accounted for traditional medicine and security benefits in accordance with the purpose of the Act No. 8 of 1999 on Consumer Protection and Law No.36 of 2009 on Health.The author raised this issue in order to determine how the shape of consumer protection in Pekanbaru City Senapelan District and the implementation of the fulfillment of the rights of consumers in this study were patients of traditional medicine as set out in the Consumer Protection Act.This study is a descriptive sociological research, because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study.This research was carried out on the practice of traditional medicine in the District Senapelan Pekanbaru, while the population and the sample is a whole party relating to the issues examined in this study. Source of data used in the form of primary data, secondary and tertiary, while the data collection techniques in this study of interviews, questionnaires and literature study. Based on the results, it can be concluded that the Consumer Protection Act expressly already regulate the rights and obligations of consumers, businesses responsibilities and things should not be done by businesses. But in practice it is still a violation of rules that could harm consumers.Based on data obtained from the field, there are still many traditional medical practices that do not have the permission which in this case has violated the rules of health ministers No. 1076 / Menkes / SK / VII / 2003, Article 4, Paragraph 1, which requires that every practice of traditional medicine has a registered license and a license to practice. Consumer rights are also many who still have not been met, such as providing the unfulfilled promise in violation of the Consumer Protection Act Article 8, paragraph 1 (f), and does not provide clear information to patients from both treatment techniques to the provision of drugs in violation Health Law Article 56.Keywords: Consumer Protection, Patient, Traditional Medicine
TINJAUAN YURIDIS TENTANG BATAS UISA NIKAH BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Novriawanda Novriawanda; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Constitution Number one of 1974 concerning marriage has undergone revisions or changes related to the rules for the age limit for marriage contained in Article 7 paragraph (1), these rules are considered no longer relevant to conditions in society. Therefore, the government set a new rule regarding the age limit for marriage with the enactment of Constitution Number 16 of 2019 concerning Amendments to Constitution Number 1 of 1974 about Marriage. The focus of this research were the factors that influence of Constitution Number 16 of 2019 and the legal impact caused by changes the Constitution.This research is a normative juridical research that conceptualizes law as a norm including values, positive law and court decisions. Legal materials were collected by means of document studies and library research, namely by combining primary, secondary and tertiary legal materials related to the age limit for marriage based on Constitution Number 16 of 2019. The analysis of legal materials was carried out by descriptive analysis, namely explaining or explain what it is about a legal event or legal condition based on primary legal norms.Based on the results of the research there were several influences from the enactment of Constitution Number 16 of 2019 including: Philosophically, the change in the age limit for marriage in Constitution Number 16 of 2019 is a commitment of the state in realizing the life of the nation and state that is far from treatment discriminatory. Sociologically, it is the government's effort to prevent early marriage, but this determination is not accompanied by changes to the rules regarding marriage dispensation. So, the number of applications for marriage dispensation in the Religious Courts increase. Juridically, the change in the age limit for marriage is a revision of the previous regulation which is considered irrelevant with the current state of society. So, the current marriage age limit based on Constitution Number 16 of 2019 is that marriage is only permitted if a man and a woman have reached the age of 19 (nineteen) years. The legal impacts arising from the amendment of Constitution Number one of 1974 to Constitution Number 16 of 2019 concerning changes to the marriage age limit arise from various aspects, including sociological aspects, philosophical aspects, juridical aspects, health aspects and psychological aspects.Key words: Age Limit, Constitution Number 16 of 2019
PEMUTUSAN HUBUNGAN KERJA SEPIHAK ANTARA PT. INECDA KEBUN SEBERIDA DENGAN TENAGA KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Nuraini Pane; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Termination of Employment for workers is a beginning of unemployment for workers with all its consequences. That's why the termination of employment often led to disputes between the companies with a workforce that industrial relations disputes. If the layoffs, the implementation must be in accordance with the provisions of the applicable law, the violation occurred at the PT. Inecda Gardens district Seberida Inhu, Rengat. Industrial disputes between workers and employers is due, the implementation of the termination of employment by the employer is not accompanied by the applicable law by conducting summary dismissal, the workers through the labor court, demanding that PT.Inecda rehire workers in the enterprise.Problem formulation in this research is how the mechanism of termination of employment between PT. Inecda with labor ?. Whether termination is incompatible with applicable laws ?. Is the legal remedy that can be done against arbitrary termination? The benefits of the berry research is the first to use theoretical benefit is as a support in pembendaharaan law science especially in employment law and as consideration for the next study, both practical benefits PT.Inecda as information and reference materials, labor better know their rights and responsibilities, and the public to know more information about the labor problems and.Based on the research results, it be concluded that termination of employment that do not comply with this PT.Inecda termination mechanisms that exist in the company's own rules and not in accordance with the provisions of Article 151 and Article 161 of Law Number 13 Year 2003 on Employment and also Act No. 2 of 2004 concerning Industrial Relations Dispute Resolution. Efforts made in the completion of termination of employment is subject to keputuan properly, which is in essence the termination of employment, termination of employment can not be done without the approval of a court settlement of industrial relations and without the consent of both parties. Thus settlement through the industrial relations court authorized to hear and give the verdict against industrial disputes.Keywords: RelationsEmployment Terminatio-Labor- PT.Inecda
Co-Authors ', Agen ', Firdaus , Dasrol Abdul Ghafur Afrian, Muhammad Eddo AKMI AZRIANTI Anak Agung Istri Sri Wiadnyani Ananda Fernando Putra Ananda Jelita Putri Anandadhea Putricharina Andrikasmi, Sukamarriko Anggun Pratiwi Aprilian Saputra ASIKA EUNIKE SORMIN Asrini Juniati Gultom Azalia, Ashila Devta Aziza, Mutia Sakiyah Bunga Primatania Darnia, Meriza Elpha Derisma Wulandari Desy Aulia Ulfa Siregar Edy Putra Tambunan, Edy Putra Emilda Firdaus Erda Rahmayanti Sitinjak ERIZA, NOVI Esrahethi S, Esrahethi Fania Hanisa Sundjaya Geremy Joy N Gita Putri Candra Gusdiawan Gusdiawan Gusliana HB Harani Fitryan Harpami, Muhammad Ridho Hengki Firmanda Hidayat , Tengku Arif Ibnu Rahmat Dio IRWAN PARDEDE JIMMY FEBRYANTO SILITONGA Jordi Satria Nanda Kamilia Amirah Lestari Anggraeni M. Arbi Ubaidillah Marissa Illahi Putri Maryati Bachtiar Mayangsari, Endah Maylia Darwita Meidana Pascadinianti Mexsasai Indra Mia Safitri Mizanty, Novradiella Moch. H. Cahyana Maulana Moria Lastina Muhammad Adil, Muhammad Muhammad Zulhidayat Mulia Sixtriani Nadia Sanjaya Nathasya Nadia Fenandri, Nathasya Nadia Nexie Nurafifah Ngajulu Petrus Nina Haryati Novriawanda Novriawanda Nurahim Rasudin Nuraini Pane NURI JUMAIDAH AULIA Nurkamilah ' Nurvita, Nita Ovalia, Novia Pascadinianti, Meidana Pela Sapira Putri Rahmadani Rachman, M. Yogi Rahmad Hendra Rahmat Septiadi Rahmi Febriani Rais, Amin Redha Rahayu Rezky Yarman Ricky Musliadi Rika Lestari Ririn Erida Hutagaol, Ririn Erida Riska Fitriani Risti Febiawati Rozi Oktri Novika Rusdah Cia, Rusdah safitri, fira Sandy, Ferri Santy Dewi, Santy Setia Putra Setia Putra, Setia Shelby Susandari Shelly Novita Siltami, Frisa Ayu SITI SUHAINA Sugi Kurnia Pakpahan Suryadiansyah S Triyananda, Maulidya Ulfia Hasanah Vertina, Annisa Sophia Vitis Sera Yolla Indriana Zaklylen, Arizkygo Zidane Zsa Zsa Quamila Pasyura Zui Zui Anita Safari