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Perlindungan Hukum bagi Konsumen atas Malpraktik Jasa Tukang Gigi I Made Ari Yudistira; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3218.265-270

Abstract

Number of dental artisans who practice beyond their authority limits. Even so, there are still many who go to dental artisans due to social disparities. There are many cases of violations that cause material and non-material losses to consumers, but health service providers are not responsible. This thesis discusses how to protect consumers and sanctions against perpetrators in the event of malpractice of dental artisans. The purpose of this study was to determine the protection for consumers in the event of malpractice of dental artisans and to know the sanctions against perpetrators of malpractice in dental artisan services that harm consumers. The type of research used is the type of normative legal research, the discussion is carried 0111 by examining legal materials. Analysis of legal materials uses extensive and restrictive interpretations, namely expanding and narrowing the meaning of a law, in addition to using descriptive analysis, namely the exposure of research results. Based on the results of the research, the legal regulation of consumer protection against malpractice of dental artisans which is regulated in the UUP K, the rights of every consumer in Article 4. Dental artisans as business actors have the obligation to comply with laws in this case regarding duties and authorities. Meanwhile, legal sanctions for perpetrators can be divided into 3, namely administrative, civil and criminal sanctions. Therefore, the government needs to carry out regular monitoring of cases like this in the direct field
Tanggung Jawab Pidana Korban Pemerkosaan Aborsi Janin Ditinjau dari Perspektif Hak Asasi Manusia Ni Luh Putu Sri Laksemi Dharmapadmi; Anak Agung Sagung Laksmi Dewi; l Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3223.283-289

Abstract

Indonesia is a Legal State whose all aspects of citizens' lives are always rules and norms, be it sanctions or legal responsibilities that participate in growing in society. Responsibilitycan not only be imposedon the wrong-maker but the victim can shoulder this. From the statement, there are problems, namely the legal protection of victims of fetal abortion rape reviewed from a human rights perspective and criminal sanctions againstfetal abortion perpetrators based on human rights. This study aims to determine how the law of covering rape victims who perform fetal abortion. This writing uses the normative legal writing method where the writing is about principles, norms, and rules. In this writing the rape victim who decided to abort her fetus, this certainly makes the responsibility carried also by the victim who abortions her fetus caused by rape and makes the pregnancy that is not stopped that leads to abortion. Surely this is very contrary to the criminal law as well as the human rights of thefetus. Thispaper describesthat the responsibility of rape victims to the fetus abortion can be seen in terms of the human rights of a fetus and the victim himself.
Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016 Erlin Kusnia Dewi; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3226.296-302

Abstract

The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.
Pertanggungjawaban Pidana terhadap Dokter yang Melakukan Malpraktck dalam Memberikan Pelayanan Kesehatan di Tengah Pandemi Covid 19 Aditya Ryan Hidayat; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3228.309-314

Abstract

Malpractice is an act of wrongdoing and action; thus, medical malpractice is the act of a health worker who is wrong in carrying out the medical profession (Professional misconduct) both from the point of view of ethical norms or leg al norms. The formulation of the problems in this study are (I) What is the legal arrangement for doctors in providing health services in the midst of the Covid 19 pandemic What is the form of criminal responsibility for doctors who commit malpractice in providing health services in the midst of the Covid I 9 pandemic. This study uses the research method of normative Jaw. This study uses two problem approach methods, namely the statutory approach and the legal concept approach. This study also uses three sources of legal materials, namely primary, secondary and tertiary legal materials. The purpose of this study is to determine the legal arrangements that govern health services in the midst of the Covid-19 pandemic. The main source of this research is the Criminal Code, Law Number 36 Year 2009 and Law Number 29 Year 2004. The results obtained from this study are criminal sanctions that can be imposed on doctors regarding malpractice in the middle. The Covid 19 pandemic is article 267 paragraph (I), 294 paragraph (2), 359, 361 KUHP, and article 190 of Law Number 36 of 2009 concerning Health, as well as article 79 of Law Number 29 of 2004 concerning Medical Practice. For the government to pay more attention to the health sector, especially regarding malpractice
Perlindungan Hukum terhadap Anak Sebagai Korban Eksploitasi Seksual Komersial di Media Sosial Putu Cyntia Rizdyanti; Agung Anak Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3232.332-337

Abstract

Indonesian citizens as a part of the elements of the world community who have a big responsibility to protect children's rights especially in human rights, which play a major role in maintaining children's welfare in social life. However, currently the exploitation of children is a problem that often occurs on social media, every child has the right to obtain a form of protection from all criminal acts of sexual exploitation. The government plays a role in protecting all forms of children's rights and providing education about the dangers of sexual exploitation on social media. This research uses the method of writing normative law which refers to the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines of the technique of collecting of data carried out by the literature, legislation which is associated with the type of normative legal research by analyzing each books to select the appropriate topic of the research that is analyzed systematically and link it with other materials. The results of the research revealed that sexual exploitation of children on social media is mentioned as a violation of what is contained in dealing with the form of protection given to a child as a victim of commercial sexual exploitation on social media. The criminal offense for child exploitation is to pay one hundred million rupiahs with five years in prison.
Sanksi Hukum Penghinaan Terhadap Orang yang Sudah Meninggal Melalui Media Sosial di Indonesia Kadek Suryasantosa; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3234.255-259

Abstract

Currently, advances in information technology, globalization and electronic media are increasingly spreading in various fields of public life. This progress with the existence of an internet network is very easy to operate through the media, namely electronic media. The existence of it makes it easy for humans to do various things such as exchanging various information that can be obtained quite easily, and low cost. Therefore, people can do negative things that are not supposed to be done for their personal interests. This study aims to explain the legal arrangements for insulting people who have died and to explain criminal sanctions for criminal acts of humiliation through social media for those who have died. This research was designed using normative legal research methods, with a conceptual problem approach and a case approach. The data sources used are primary, secondary and tertiary legal data sources. Data were collected by recording, quoting, reading, and summarizing the literature referring to changes in gender status in Indonesia. After the data is collected, it is then analyzed systematically and relates it to legal materials. The result of this study indicates that Articles 320 and 321 of the Criminal Code will be used as the legal basis for a type of insulting act and Article 27 paragraph 3 of the ITE Law will be used for the basic purpose of a media that has been used. Furthermore, cases of insulting a deceased person can be subject to imprisonment for six (6) months as is the content of Article 446 paragraph I of the Draft Criminal Code but the legal process cannot proceed if there is no reporting from the family concerned.
Hukuman Mati dalam Tindak Pidana Narkotika Ditinjau dari Perspektif Hak Asasi Manusia (Studi Putusan Mahkamah Konstitusi Nomor 2-3/Puu-V/2007 Christofel Brayn Leonard Totomutu; I Ny Oman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3256.361-366

Abstract

The capital punishment is regulated in several laws and regulations in Indonesia, in particular for narcotics crimes that are submitted for judicial review against the Constitution. The type of research used is the type of normative. The sources of the data used in this research are primary, which are taken from the original source of the law and secondary materials are materials derived from books, journals and scientific works and tertiary legal materials. The technique of collecting data in this research is carried out by collecting existing materials or studying documents from existing laws and regulations as well as the decisions of the constitutional court judges and explaining the sentence by using the legal material processing method systematically. The purpose of this research was to determine the capital punishment for narcotics crime in terms of human rights and to find out the judges considerations on the capital punishment for narcotics crime in Indonesia based on the decision of the constitutional court number 2-3/PUU-V/2007. The results of the research revealed that the capital punishment for narcotics crime has been stated in articles and laws, but on the other hand there is a consideration of the panel of judges regarding the capital punishment case for narcotics crime that the capital punishment in the Narcotics Law does not contradict human rights and human rights as in the 1945 Constitution of the Republic of Indonesia because the guarantee of human rights and the right to life in the 1945 Constitution of the Republic of Indonesia does not adhere to absolute principles.
Efektivitas Bantuan Hukum Advokat di Pos Bantuan Hukum (Posbakum) Pengadilan Negeri Denpasar Kelas I A Gregorius Yolan setiawan; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3258.373-378

Abstract

The development of the concept of a rule of law is a product of history, because the formulation or definition of a rule of law is constantly developing in line with the development of human resources. The state is obliged to provide legal assistance with the aim of protecting and prospering the community, this is in accordance with Article 27 paragraph (1) of the 1945 constitution of the Republic of Indonesia, it is stated that all citizens are equal before the law. The purpose of this research is to explain the position of the legal aid post (Posbakum) in the Denpasar District Court Class IA in providing legal assistance to defendants whose sentence is over 5 years and to find out the factors of constraints for the assistance post (Posbakum) in the Denpasar District Court. This research is designed using empirical legal research with a statutory approach, then the data sources used are primary and secondary data. The data collection procedure was carried out by means of interviews and records, which were then analyzed using descriptive qualitative methods. The results showed that the legal assistance provided by lawyers at the legal aid post (Posbakum) at the Denpasar District Court Class IA was effective because it had carried out the provision of law to the underprivileged community either through direct appointment by the judge or through submission of a letter from the poor. according to Law No. 11 of 2011 concerning Legal Aid and in accordance with the MoU which was signed between the Denpasar District Court Class 1 A and the legal aid post. As for the factors that were often faced by the aid post (Posbakum), namely the defendant himself, namely that the family of the defendant was difficult to find to ask for a statement of incapacity and the community's low knowledge of legal aid facilities.
Sanksi Hukum Bagi Pasien Tidak Jujur Terinfeksi Corona Virus Disease 2019 Gede Dana Semara Putra; I Nyoman Putu Budiartha; l Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3261.390-395

Abstract

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas Ida Ayu Naradita; Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3262.396-400

Abstract

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Co-Authors A.A Sagung Laksmi Dewi A.A Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A.SG. Istri Sinta Maharani Ade Satriasa Maha Putra Aditya Ryan Hidayat Agustinus Deny Bria Anak Agung Gde Mahardi Prana Anak Agung Gede Agung Anak Agung Gede Agung Anak Agung Gede Oka Wisnumurti Anak Agung Gede Wiweka Narendra Anak Agung Istri Agung Anak Agung Istri Altia Dwi Widaswari Anak Agung Sagung Laksmi Anak Agung Sagung Laksmi Dewi Antonius De Andrade Fahik Arini, Desak Gde Dwi Arion Tampubolon Ayou Lestari Duarkossu Ayu Putu Mira Fajarini Berliana Indah Sari Christin Dessy Natalia Christofel Brayn Leonard Totomutu Cok Rai Kesuma Putra Cokorda Agung Cahaya Darmadi Cokorda Agung Cahaya Darmadi Dedi Romadhan Desak Gede Dwi Arini Desak Ketut Linda Saraswati Dewa Ayu Julia Anastasya Dewa Bagus Komang Mahendra Krisna Putra Dewa Gede Agung Getsumeda Dewa Gede Satya Pradnyana Putra Dewi, A.A Sagung Laksmi Dila May Sekarsari Dyah Merryani Emanuella Theo Charoline emanuella0103@gmail.com Erlin Kusnia Dewi Firdaus Adji Prasetyo Gede Dana Semara Putra Gede Nira Wicitra Yudha George Pascallyus Firman Agung Gowinda Prasad Gregorius Yolan setiawan Gst Bgs. Udayana Gusti Ayu Ajeng Prabaningtyas Gusti Ayu Euanggelin Marsha Wangania Gusti Nyoman Adung Setiawan Haris Wirayuda I Dewa Gede Pramana adhi I G.A.A.Gita P.Dinar I Gede Darmawan Ardika I Gede Eka Surya Pramana I Gede Krisna Ginara I Gede Made Widia Permana I Gede Pande Udayana I Gede Putu Bagus Priyadi Wittadarma I Gede Sathya Narayana Andrade I Gede Sayogaramasatya I Gede Windu Merta Sanjaya I Gede Yoga Pratama I Gusti Ayu Claudia Prathami Mertha I Gusti Ayu Firga Julia I Gusti Ayu Sukrisma Dewi I Gusti Ngurah Agung Wahyu Krisna I Kadek Agus Widiastika Adiputra I Kadek Arya Sumadiyasa I Kadek Bagas Dwipayana I Kadek Duta Anugrah I Kadek Pasek Saputra I Kadek Suar Putra Dana I Ketut Detri Eka Adi Pranata I Ketut Irianto I Ketut Sukadana I Komang Adi Bintang Mahardika I Komang Aditya Diputra I Made Agus Sanjaya I Made Ari Yudistira I Made Arimbawa Wiraputra I Made Arjaya I Made Arya Kusuma Winata I Made Aswin Ksamawantara I Made Dwi Narendra Dananjaya I Made Gede Wiradana I Made Indra Udayana I Made Jaya Palguna I Made Jaya Wiguna I Made Rauhimas Oka Raharja I Made Rudy Darmika I Made Sepud I Made Sepud I Made Suartana I Made Suwitra I Made Suwitra, I Made I Ny Oman Gede Sugiartha I Nyoman Adhi Guna Wiranantha I Nyoman Agus Suprapta I Nyoman Arya Mugi Raharja I Nyoman Gede Sugiarta I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Nyoman Sukrata I Nyoman Sutama I Nyoman Trian Prananta Wibawa I Nyoman Yudhi Astika I Putu Agus Adi Pratama Yasa I Putu Agus Sudiyasa Putra I Putu Aris Wiradinata I Putu Edi Rusmana I Putu Gd Yoga Danan Kamadjaya I Putu Pande Juli Artana I Putu Yogi Mahardika Pratama Bismasana I Wayan Agus Andika I Wayan Arthana I Wayan Arthanaya I Wayan Bayu Suryawan I Wayan Dedi Arta I Wayan Edi Kurniawan I Wayan Edy Darmayasa I Wayan Eka Antara I Wayan Kartika Jaya Utama I Wayan Kevin Mahatya Pratama I Wayan Ogi Wiryawan I Wayan Panca Eka Darma I Wayan Panca Eka Darma I Wayan Panca Eka Darma I Wayan Rideng I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Yuda Atmaja Ibnu Maruf Ida Ayu Kade Cinthia Dewi Ida Ayu Naradita Ida Ayu Putri Ary Yulandari Ida Ayu Putu Widiati Ida Ayu Sri Intan Dwiyanti Ida Ayu Tara Masari Budiana Ida Bagus Putra Mahardika Ida Bagus Wimbha Nugraha Putra Pidada Ivony Stefania Seran Tahuk Johannes Ibrahim Kosasih Julius Roland Lajar Kade Richa Mulyawati Kadek Ariesta Dwi Anggara Kadek Ayu Manik Gita Shintadewi Kadek Bayu Krisna Juliantara Kadek Dwi Fitriyani Kadek Edi Duangga Putra Kadek Hary Harmawan Kadek Indra Prayogi Kadek Jiyoti Mahayana Kadek Pageh Arimbawa Kadek Putra Dwi Payana Kadek Rizky Bhaswara Ardiwenatha Kadek Suryasantosa Kadek Teguh Aryasa Karma, Ni Made Sukaryati Karti Komalasari Ketut Adi Wirawan Komang Anik Sudarnita Komang Arya Ananta Setyawan Komang Gede Pramantara Komang Gede Reska Joanykernia Pradila Komang Wahyu Darmayanta Komang Wiraguna Kresensia Angelica Hardi Luh Putu Suryani Made Adityaswara Amerta Yoga S Made Agus Rai Sanditya Wibawa Made Fiorentina Yana Putri Made Harum Pratiwi Marianus Oktavian Darung Mulyawati, Kade Richa Ngurah Dwi Putra W Ni Gusti Putu Pradnya Paramita Putri Ni Kadek Ayu Dwiyanti Ni Kadek Candra Dewi Ni Kadek Lia Sri Padmiani Ni Kadek Sri Wijayanti Ni Kadek Widya Widiani Ni Komang Arik Darmayanti Ni Komang Arini Styawati Ni Komang Ayu Sri Agustini Ni Komang Ayu Triana Dewi Ni Komang Putri Pratiwi Ni Luh Made Mahendrawati Ni Luh Niken Ayu Tresna Ni Luh Putu Amanda Cahayani Ni Luh Putu Sri Laksemi Dharmapadmi Ni Made Dwi Ari Cahya Utami Ni Made Nisa Dewi Ni Made Puspasutari Ujianti Ni Made Ratna Pratiwi Ni Made Sukariyati Karma Ni Nyoman Septiana Dewi Ni Putu Ayu Mia Paramartha Sari Ni Putu Christina Elzaputri Rahayu Ni Putu Rai Santi Pradnyani Ni Putu Sawitri Nandiri Ni Putu Widari Yasaputri Nuarta, I Nengah Nurul Aisyah Fitriani Nyoman Gede Sugiartha Putu Bagus Dio Adinatha Putu Budiartha, I Nyoman Putu Cyntia Rizdyanti Putu Kayla Yunita Dewi Putu Suryani . Rachmad Alif Al Buchori Rendi Salasbi Ria Putriliana Waskita Sagung Laksmi Dewi Sandi Herintus Kabba suryawan, Gusti Bagus Tjok Istri Agung Mellynia Putri Saraswati Tri Bagus Manik Naradhipam Triana Agus Widiasih Widiati, Ida Ayu Putu