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OPERASI PENINDAKAN OBAT TRADISIONAL TANPA IZIN EDAR OLEH BADAN PENGAWAS OBAT DAN MAKANAN DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Taufiqurrahman Taufiqurrahman; Busyra Azheri; Rembrandt Rembrandt
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.670

Abstract

Rapid economic development has created various goods and/or services that can be used and consumed. With the increasing variety of goods and/or services in circulation, and supported by advances in information technology, the distribution is increasingly expanding across national boundaries. So this is also a new demand for the government to oversee the distribution of products that are widely circulated in the market, especially in the health sector. One of the important human needs and cannot be left behind in daily activities is medicine. People's fear of the negative stigma of using modern medicine increases people's desire to seek alternatives to traditional medicine. However, there are many distributions of traditional medicines without a Distribution Permit (TIE) from the Center for Drug and Food Control (BBPOM) in Pekanbaru. Based on this, the researcher examines 1) What is BPOM's responsibility for the circulation of medicinal products without distribution permits in the community. 2) What is the legal protection for consumers who use medicinal products without a Distribution Permit from BPOM. Writing this thesis using the approach empirical juridical. From the results of the study, it was found that the most cases were found at Licensed Drug Stores (TOB) facilities. There are 2 (two) responsibilities of BPOM in conducting supervision, namely: pre-market andpost-market, both are supported by the Drug and Food Control System (SisPOM). The form of legal protection by BPOM is preventive and repressive efforts. Establishing a distribution permit is a preventive action taken by BPOM in carrying out aspects of security, comfort and safety for consumers. Repressive protection, namely by carrying out enforcement operations or spot checks on various drug distribution facilities. Furthermore, if a dispute occurs, it will be resolved through the courts and out of court.
KEPASTIAN HUKUM PRINSIP PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) SERTA PERANAN NOTARIS BERDASARKAN PERMENKUMHAM NOMOR 15 TAHUN 2019 Fatrul Razi; Rembrandt Rembrandt; Yussy Adelina Mannas
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.807

Abstract

Notaries as public officials have an obligation to apply the principle of recognizing beneficial owners in a corporation where this obligation is not regulated in UUJN. On the one hand, a notary does play an important role in disclosing beneficial ownership of a corporation, but on the other hand, the transparency of beneficial ownership disclosure must be based on honest and clear information from parties representing the corporation. This is due to the existence of beneficial ownership which cannot be fully detected by a notary. The problems are what are the legal consequences if the principle of recognizing beneficial owners (BO) is not implemented and what is the urgency of applying the principle of recognizing beneficial owners (BO) in carrying out notary duties. This legal research uses normative legal research, namely library research, which is a data collection method by studying books, laws and regulations, and writings related to this research. While the nature of the research is analytical descriptive, that is, it gives a clear and detailed description of an event that occurred. The results of research on legal consequences if the principle of recognizing beneficial owners (BO) is not implemented are given administrative sanctions, namely revoking the notary's license if violations are found, supervision in the implementation of the application of the BO principle is carried out by the Minister of Law and Human Rights through the Director General of General Legal Administration. Meanwhile, the notary's responsibility for the deed he made is that in civil terms the notary is only responsible for the head of the deed, meaning that it contains the authority of the appearers in signing the deed, then for the closing deed which contains the authority of the witnesses then the appearers are confronted with signing the deed, whereas against contents of the deed the notary is only responsible that the deed he made does not violate the clauses prohibited by law and the provisions stipulated in Article 1320 of the Civil Code. Criminally, a notary can be prosecuted in court if at a later date, the competent authorities can prove that the notary has consciously entered information that benefits one party and harms the other party. And the urgency of applying the principle of recognizing beneficial owners (BO) in carrying out notary duties is that basically the obligation to disclose beneficial ownership is carried out by parties who wish to use the services of a notary. The role and position of a notary is as a supporting system in disclosing beneficial ownership of a corporation, namely in this case during the process of inputting data related to the establishment or changes to the corporate statutes/bylaws. Thus the obligation related to disclosure of beneficial ownership cannot be borne by the notary but the service user.
Pelaksanaan Perjanjian Kerjasama Pembuatan Dokumen Amdal oleh PT Alas Sanggoro Yasa Consultans dengan Pemerintah Kota Pariaman dalam Pembangunan Rumah Sakit Umum Daerah (Rsud) Dr. Sadikin Siti Lauriyanti Imran; Rembrandt Rembrandt; Yussy Adelina Mannas
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.v6i1.852

Abstract

One of the many constructions undertaken by the Government is in the City of Pariaman, which is the public infrastructure of a hospital called the Regional General Hospital (RSUD). The authority in this case is the government party that holds goods/services with both parties as the executor of procurement of goods /servicing government is PT. Sanggoro Yasa Consultans, where the cooperation between the two sides is then merged into a Cooperation Agreement (PKS). The objective of cooperation is related to the creation of environmental documentation namely environmental impact analysis (AMDAL) as one of the conditions that must be met for the Government of Pariaman to build RSUD dr. In accordance with the provisions in force. Implementation of the agreement of cooperation in the creation of documents AMDAL by PT Alas Sanggoro Yasa Consultans with the Government of the City of Pariaman in its implementation there are some problems and obstacles faced The agreement is made under the hands so that if made authentically then can provide legal certainty to both parties, and can be a powerful tool of evidence if there is a disadvantage. In its implementation, the factor affecting the failure to perform the agreement is its payment without advance, and Its implementation starts on September 8, 2020 and ends on December 18, 2020. However, at the time of performance by the debtor suffered payment delay until May 3, 2021. The authority in the implementation of the agreement is that there is a delay in payment due to APBD that has not fallen or has closed the book in 2020 so that APBD funds can not be disbursed by the Government of Pariaman City.
Kepastian Hukum Sertipikat Hak Atas Tanah dengan Dasar Penerbitan Surat Palsu (Studi Putusan Pengadilan Negeri Batusangkar Nomor 67/Pid.B/2021/PN Bsk) Yodi Nugraha; Rembrandt Rembrandt; Syofirman Sofyan
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.v6i1.968

Abstract

The case of a land dispute with the object of the dispute being a certificate of land rights issued using a fake document is the Decision of the Class II Batusangkar District Court Number 67/Pid.B/2021/PN Bsk which has obtained permanent legal force. The dispute in this case is located in Jorong Baruah, Nagari Padang Magek, Rangkat District, Tanah Datar Regency. The research method used is normative juridical with a case approach. The findings in this research, namely that certificates of land rights issued using fake documents, certainly do not provide legal certainty. This certificate can be categorized as a genuine but fake certificate. This kind of certificate must of course be canceled and declared invalid and withdrawn from circulation after being proven through a process in the District Court. To prevent the occurrence of genuine but fake certificates, this is by increasing the accuracy of the authorities who process the creation and issuance of land title certificates. The consideration of the Panel of Judges in the Decision of the Batusangkar District Court Number 67/Pid.B/2021/PN Bsk is that the Defendant was legally and convincingly proven at trial to fulfill the criminal elements charged by the Public Prosecutor, namely Article 263 paragraph (1) of the Criminal Code. So the Panel of Judges sentenced the Defendant to imprisonment for 1 (one) year and 6 (six) months.
Penerapan Konsep Hukum Tanggung Jawab Sosial Perusahaan dan Lingkungan Bagi Masyarakat Yang Berada Pada Hilir Sungai Batang Harau Kota Padang Akibat Terjadinya Pencemaran dan Perusakan Lingkungan Hidup Rembrandt Rembrandt
UIR Law Review Vol. 6 No. 1 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(1).12434

Abstract

Corporate Responsibility, Pollution and Destruction, River Quality
Perlindungan Hukum Pemilik Hak Publisitas Potret dalam Novel Fanfiksi yang Dikomersialkan witriani; Rembrandt Rembrandt; Yussy Adelina Mannas
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

Abstract

The allure attached to famous figures brings economic value that should be considered and protected. When a commercially marketed fanfiction novel uses the portrait of a famous figure as its cover, questions arise about whether the used portrait has obtained permission. This is where the importance of the right to publicity for the inherent characteristics of famous figures comes into play, needing to be upheld as a property right because portraits are protected as economically oriented intellectual property. This article will discuss how the regulation, government role, and protection of portrait publicity rights in Indonesia are approached through a juridical empirical and descriptive-analytical perspective. The article concludes that portrait publicity rights are regulated in Article 9 and Article 12 paragraphs (1) and (2) of Copyright Law No. 28 of 2014. The state provides legal protection for owners of portrait publicity rights, both preventive and punitive protection. Preventive protection involves announcing the creation of the portrait, registering the portrait with the Directorate General of Intellectual Property, and creating a license agreement between the licensor and licensee to later be registered with the Ministry of Law and Human Rights, as portraits are considered intangible movable property, and their transfer is done in writing. On the other hand, punitive protection against commercially exploited portraits consists of non-litigation avenues (arbitration and alternative dispute resolution) and litigation avenues (courts). The government has a role in monitoring the creation and distribution of copyright infringement content.
Upaya Pemerintah Daerah Menertibkan Usaha Tambak Udang yang Belum Berwawasan Lingkungan (Studi kasus Kecamatan Batang Anai Kabupaten Padang Pariaman) Lisa Medika Yati; Rembrandt Rembrandt; Syofiarti Syofiarti
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1489

Abstract

This research is motivated by the development of shrimp farming businesses, which are always growing in Batang Anai District, Padang Pariaman Regency. However, most of the shrimp ponds were built without complying with environmental legal instruments. The research method used is qualitative descriptive analysis with an empirical juridical approach in addition to a normative approach, as well as data collection techniques such as interviews, observation, literature study, and documentation. Analyzed using four components of analysis, namely data collection, data reduction, data presentation, and conclusion drawing. The results of the research obtained by the author are: Firstly, most of the shrimp farming businesses in Batang Anai sub-district are not environmentally friendly due to the difficulties of entrepreneurs in processing Amdal documents. Second, the government has made efforts to regulate shrimp farming businesses that are not yet environmentally friendly in Batang Anai District, but the efforts made by the government have not been effective. It would be better for the Regional Government of Padang Pariaman Regency to form a regional Amdal to make it easier for entrepreneurs to process business permits.
IDENTIFIKASI SPASIAL SEBARAN BANGUNAN DI SEMPADAN SUNGAI BESAR KAWASAN DAS SIBERUT Muhammad Fajri; Adri Frinaldi; Rembrandt Rembrandt
Jurnal Azimut Vol 5 No 2 (2023)
Publisher : Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/jaz.v5i2.947

Abstract

This research was conducted in the Siberut Watershed, Mentawai Islands Regency, West Sumatra Province, with the aim of identifying the distribution of buildings, which are located on the boundaries of large rivers in the Siberut Watershed. The data processing method for identifying the distribution of buildings uses spatial analysis methods by digitizing high resolution satellite images using Arc Map 10.8 software and Microsoft Excel software to calculate the number and area of ??land. Based on research results, the border of a large river in the Siberut watershed was found to be 1,297.08 ha, the river passes through two sub-districts and six villages with the predominance of villages from the South Siberian sub-district which has five villages. Based on the results of remote sensing and digitization, there are 525 building points, with a total building area of ??4.62 ha with the largest building position in Muara Siberut Village, with a total of 236 buildings with a total area of ??2.33 ha.
Regulatory Policy Content of Hazardous Materials Mercury in Illegal Bleaching Creams Syafrijon Syafrijon; Syahfori Widiyani; Aldri Frinaldi; Rembrandt Rembrandt; Dasman Lanin; Genius Umar
Science and Environmental Journal for Postgraduate Vol 5 No 2 (2023): Science and Environmental Journals for Postgraduate (SENJOp)
Publisher : Postgraduate School, Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/senjop.v5i2.200

Abstract

Mercury (Hg) is a metal element that is often used in technology development, especially in the beauty sector. Several brands of creams can be seen in the market, have no manufacturing or expiry date stated, labeling is incomplete, or contain levels of bleach which can only harm the skin itself. The creams may have up to 10,000 ingredients in them, common ones being steroids, arbutin, ascorbic acid, hydroquinone, and kojic acid, including high levels of toxic metals such as mercury. There are still many Indonesian women who lose that white and smooth skin is a symbol of beauty. This makes them do various ways to get white and smooth skin. Facial whitening creams that contain mercury metal in cosmetic ingredients are widely used. Cosmetic products containing mercury generally promise a white face in a short time, so many women are interested in using them. This is used by cosmetic manufacturers who sell face whitening creams containing hazardous ingredients, such as mercury. Public policies need to be regulated to prevent impacts on the skin health of users. This article is the result of a study from several sources, namely information that appears in the community and also through several articles.
Optimization of the Use of Cow Manure as Natural Dyeing in Weaving Yarn Neliyarti Neliyarti; Aldri Frinaldi; Rembrandt Rembrandt; Dasman Lanin; Genius Umar
Science and Environmental Journal for Postgraduate Vol 5 No 2 (2023): Science and Environmental Journals for Postgraduate (SENJOp)
Publisher : Postgraduate School, Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/senjop.v5i2.201

Abstract

This study aims to optimize the use of cow dung as a natural dye in woven yarn. The experimental method was used with several variations of treatment on samples of cotton threads which were to be colored with cow dung. The variables observed included the type and amount of auxiliary solution. The results showed that optimizing the use of cow dung as a natural dye could be done by selecting a certain type of auxiliary solution and giving the yarn the proper soaking time so that it could penetrate completely into the fiber. Under optimum conditions, the resulting color is quite strong and long-lasting, although not as bright as the color of synthetic dyes. Thus, the potential for the use of organic waste such as cow manure as a natural dye in the weaving industry should be considered. Law No. 32/2009 concerning Environmental Protection regulates the importance of reducing organic waste to maintain a healthy and sustainable environment.