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REGULATIONS AND CONCEPTS OF TRADE LEGAL FORM IN THE COUNTRIES OF BRUNEI DARUSSALAM AND INDONESIA Zulfahmi Harahap; Rico Nur Ilham; Sardi; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1340

Abstract

This research aims to determine the legal regulations and concepts of trade law in Brunei Darussalam and Indonesia as regulated in the Laws of Brunei, Chapter 106 Contracts. There are 5 points that can be studied from the regulations in these 2 countries, namely: Legal Entity Status, Partnership Establishment, Partnership Organs, Responsibilities and Partnership Dissolution. This is a reference for updating Partnership regulations in Indonesia in the future by referring to Brunei Darussalam state regulations. This research is normative legal research, namely research that prioritizes library research to obtain secondary data. The approach used in this research is a statutory approach.
GENERAL OVERVIEW OF HEALTH LAW IN INDONESIA Dwi Faradina; Tri Faranita; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1561

Abstract

Initially, health development relied on efforts to treat disease and restore health, shifting to implementing comprehensive health efforts with an emphasis on efforts to prevent disease and improve health. Adequate health legal instruments are intended to provide legal certainty and comprehensive protection for both providers of health efforts and communities receiving health services. The legal basis for health is regulated in Law Number 36 of 2009 concerning health. Health Law is all legal provisions that relate directly to health maintenance/services. This concerns the rights and obligations of receiving health services (both individuals and levels of society) as well as the implementation of health services in all its aspects, organization, facilities, medical service standards and so on. A Health Worker is any person who dedicates themselves to the health sector and has knowledge and/or skills through education in the health sector, which for certain types requires authority to carry out health efforts. As legal subjects, actors in the health sector such as doctors, dentists, hospital directors, heads of health services, heads of divisions, heads of community health centers always carry out legal actions. Legal actions taken if they conflict with applicable regulations will result in legal sanctions.
EFFORTS TO FULFILL THE HEALTH RIGHTS OF PRISONERS IN PLACES OF DETENTION Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1562

Abstract

One of the rights of prisoners is to receive health insurance, but often detainees' health rights are not fulfilled. This is clearly very contradictory where in the Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-PK.04.10 of 1990 concerning Patterns of Development for Prisoners/Detainees, the Minister of Justice of the Republic of Indonesia states in section C regarding health care. Apart from that, Law Number: 39 of 1999 concerning Human Rights Article 4 emphasizes the importance of fulfilling the health rights of prisoners and one of the rights that prisoners have is contained in Government Regulation Number: 58 of 1999 Article 9, namely regarding responsibility for prisoner care, prisoners have the right to receive prisoner care including physical and spiritual care, in terms of health services. However, its implementation is very difficult if it is carried out in accordance with existing regulations, because the expected conditions are different from the conditions in reality. In reality, we often find various kinds of obstacles faced by the management of places of detention, these obstacles include overcapacity in prisons, there is still a lack of special officers in the health sector in the management of places of detention which is still hampered by the problem of limited budget funds. .
MINING MANAGEMENT LICENSING: OPPORTUNITIES AND CHALLENGES FOR INDIGENOUS COMMUNITIES Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1568

Abstract

According to Presidential Regulation of the Republic of Indonesia Number 70 of 2023 concerning Allocation of Land for Investment, mining business permits may be granted to community organizations, as explained in Article 2 paragraph 1 letter f, Article 4 paragraph (5) letter c, Article 9, and Article 12 paragraph (1). This regulation also opens up the possibility of land allocation for various types of business entities, from small to large scale. However, one thing that is not yet clear is how indigenous communities can be more involved in mining management. That when talking about mining management permits for communities, the importance of accommodating indigenous communities is not only limited to the organizational level. Management of mineral and coal resources should contribute significantly to the economy and welfare of indigenous communities. Clear regulations are needed regarding the recognition and protection of the rights of indigenous communities as well as increasing the capacity of indigenous communities in the mining sector. This can be implemented through collaboration with BUMN in the mining sector as the aim is not only to focus on profit but also on community welfare as an agent of development.
JURIDICAL REVIEW OF THE ARRANGEMENT AND IMPLEMENTATION OF CERTAIN TIME WORK AGREEMENTS IN LAW NUMBER 6 OF 2023 CONCERNING JOB COPYRIGHT AND LAW NUMBER 13 OF 2003 CONCERNING EMPLOYMENT Etty Uyun; Henry Aspan; Dahlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1603

Abstract

Law Number 6 of 2023 concerning Job Creation, there are changes to the provisions related to certain time work agreements (PKWT) which were previously regulated in Law Number 13 of 2003 concerning Employment. Law Number 6 of 2023 concerning Job Creation then experienced rejection from many workers because there were several changes to the provisions regarding fixed-term work agreements (PKWT) which were feared to result in changes to the time period within which a fixed-term work agreement (PKWT) could be entered into, the duration of which was determined. by a work agreement and is not regulated regarding the maximum limit in the law. The formulation of the problem in this research is, How does the regulation of fixed-term work agreements in Law Number 6 of 2023 and Law Number 13 of 2003 compare? What are the problems faced regarding the implementation of fixed-term work agreements after the enactment of the Job Creation Law? ?, This research uses a normative juridical method with a statutory approach and a conceptual approach. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research concern regulations and implementation as well as issues regarding fixed-term work agreements in Law Number 13 of 2003 concerning Employment and after the enactment of the Job Creation Law.
INDEPENDENCE OF THE CURATOR IN THE MANAGEMENT AND DISPOSAL OF BANKRUPTCY PROPERTY Zul Pahmi Harahap; Fitri Rafianti; Henry Aspan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1622

Abstract

The curator has an important role in a bankruptcy to manage and settle the bankruptcy assets. Article 1 point 5 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations states that what is meant by Curator is the Inheritance Property Office or an individual appointed by the court to manage and settle the assets of a bankrupt debtor under the supervision of a supervising judge. In carrying out the task of settling and managing bankruptcy assets, the curator must be independent and not take sides with either party. What is the curator's responsibility for the risk of loss in the Management and Settlement of Bankruptcy Assets? What is the curator's authority over bankrupt debtors who are not cooperative in a bankruptcy process? This research is normative legal research, the research was carried out by reviewing secondary data in the form of library materials, which include primary materials, secondary and tertiary materials. The entire data obtained (secondary data and primary data) was then processed systematically and qualitatively to produce writing. analytical descriptive. In this case, the researcher conducted an analytical juridical study to see the role and responsibilities of the curator in the management and settlement of bankruptcy assets.
THE URGENCY OF A SEPARATION OF PROPERTY AGREEMENT IN MARRIAGE AS AN EFFORT TO CREATE A HARMONIOUS FAMILY Lestari Lamindo Limbong; Henry Aspan; Dahlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i1.2340

Abstract

As science develops, public awareness of the importance of legal protection for themselves also grows rapidly. Likewise, legal protection for married couples. The existence of a separation of property agreement in a marriage is one effort to avoid conflicts related to property in a marriage bond, the less conflict there is, the greater the potential for a harmonious marriage. A separation of property agreement must be made based on an agreement between the two parties so that no one feels disadvantaged. The marriage agreement must also be approved by an authorized official. This study uses the Normative Juridical approach method, namely legal research conducted by examining library materials or secondary data as a basis for research by conducting a search for regulations and literature related to the problems being studied
LEGAL PROTECTION FOR PRISONERS IN ILLNESS WHO REQUIRE HOSPITAL TREATMENT Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.43

Abstract

Indonesia has ratified the Convention Against torture and other cruel, inhuman or degrading treatment or punishment (adopted and opened for signature and accession by General Assembly Resolution 39/46 of 10 December 1984 into Law Number 5 of 1998 which came into effect on 28 September 1998 . The Convention relates to the promotion and protection of the rights of prisoners which are accommodated in the prohibition of torture and other treatment or punishment that is cruel, inhuman and degrading to human dignity. Suspects who are detained and experiencing health problems, it is in the interests of investigative examinations and for the smooth running of examination of suspects requires treatment. In Indonesia, regulations regarding the rights of prisoners in the health sector are contained in several laws, including based on the decision of the Minister of Justice of the Republic of Indonesia No. 1995 concerning Corrections, Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Inmates. Health services for prisoner patients are carried out in a promotive, preventive, curative and rehabilitative manner, the implementation of which is currently not yet running optimally, this is indicated by the fact that health services for prisoners have not been carried out on a scale, integrated, integrated and sustainable basis. The implementation of care for prisoners in sick conditions who require hospital treatment will run well if in the system of fulfilling the rights of prisoners they are positioned not only as objects of detention, but also as active participants. In this case, prisoners themselves also determine the implementation of their rights.
EQUALITY BEFORE THE LAW: A CRITICAL REVIEW OF LEGAL IMPLEMENTATION IN INDONESIA Henry Aspan; Agus Adhari; Ansori Maulana
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.46

Abstract

Criminal Law is part of the national legal system that has been in effect since independence until now. The implementation of criminal law experiences ups and downs along with the development of society and even becomes a sharp focus when it has not provided justice and prosperity and is still considered an instrument of power to protect state administrators and a weapon for ordinary people when fighting criminal law. country. The implementation of criminal law in Indonesia aims to provide protection, peace, order and legal certainty to the community. Although there are objectives that provide protection, especially personal or individual interests in exercising the rights of citizens. Meanwhile, the purpose of this writing is to provide an understanding that Criminal Law is a chain of laws and regulations that apply in Indonesia and its content focuses on the Criminal Code and Criminal Procedure which reaches all levels of society.
ANALYSIS OF HALAL CERTIFICATES POST THE ISSUE OF LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES RESEARCH STUDY OF MEDAN CITY Sardi; Henry Aspan; Tamaulina Br Sembiring
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.87

Abstract

A significant step in regulating halal certification in Indonesia occurred with the enactment of Law no. 33 of 2014 concerning Halal Product Guarantees. This law replaces previous regulations and establishes a more comprehensive legal framework to regulate the halal certification process. With this law, it is hoped that a solid foundation can be created to maintain the certainty and quality of halal products in the domestic research market This discuss about How Arrangement About Hal Certificates in Indonesia?, What Factors That Become Inhibitor In Making Or Publishing Halal Certificate ? How Implementation To Post Halal Certification Constitution Number 33 of 2014 Concerning Guarantee Halal Products ? Through approach qualitative with studies case as method main , research This identify change authority and structure institutions , potential contradictions and domination of the Halal Inspection Institute (LPH), as well as governance and infrastructure challenges​ in implementation halal certification . The research results show the unclear role of LPH, potential conflicts of authority, and obstacles in governance and infrastructure. To overcome this obstacle, the proposed solution involves clarifying the role of LPH, close collaboration between relevant institutions, establishing clear guidelines and standards, improving infrastructure and human resources, active involvement of related parties, updating and harmonizing policies, and improving monitoring and evaluation systems. This research emphasizes the importance of regulatory updates, involvement of related parties, and harmonization with international standards to increase efficiency and fairness in the halal certification system.
Co-Authors Abdul Rahman Maulana Siregar Abdul Razak Nasution Ade Syafitri Agus Adhari Ahmad Junaidi Alief, Muhammad Amanda Dwi Priaguna Ami Natuz Zahara Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Andoko Andoko, Andoko Angelina E. Rumengan Anggy Auliawan Ansori Maulana Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Beby Sendy Berton Lumban Tobing CHANDRA DEWI Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Dhermawan, M. Ryan Dian Mahardi Lestari Dira Dinda Alti Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Fadlan Fadlan Fadlan Fadlan Fitria Ramadhani Siregar Fitria Ramadhani Siregar Freddi Agus Hutapea Ginting, Gloria Gita Putri Gloria Gita Putri Ginting Gunawan Gunawan H. Dahlan Halim, Gusni Hardi Hermawan Hasdiana Juwita Bintang Henky Dalimunte Herman , Herman Indawati Lestari indrawan, muhammad isa indrawan Irawati Irawati Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Kiki Farida Ferine Kurniawan, Franky Lestari Lamindo Limbong Lestari, Dian Mahardi Listra Sembiring M. Ramadhan S. M. Tartib Maekal Ananta Pratama Ginting Maharani Maharani, Maharani Mahya, Husna Manullang, Hotman Mariana Zhuo Mariduk Lumban Tobing MHD AZHALI Siregar Mhd. Azhali Siregar Muhammad Ari Syahputra Muhammad Arif Sahlepi Muhammad Aulia Amir Batu Bara Muhammad Azhali Siregar Muhammad Edwin Syahputra Lubis Muhammad Fauzy Daulay Muhammad Husni Dalimunthe Muhammad Iqbal Anwar Muhammad Juang Rambe Muhammad Riza Murnita, Eva Mutia Octavia Nasution, H. Abdul Razak Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Rambe, Dinda Fadilah Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Riza Zarzani, T. Ronny Yoesfianda Rosli, Rozaini Rozaini Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani Tamaulina Br Sembiring Tanjung, Yahya Tarigan, Egi Christianta Tarigan, Tegar Dermawan Tengku Riza Zarzani N Tonnes Gultom Tri Faranita Viola Gemmy Gemaya Wau, Hilbertus Sumplisius M. Yasmirah Mandasari Saragih Yohny Anwar Yopa Emalia Fajarini Yosua, Dicky Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu