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Henry Aspan

Faculty Of Social And Science, Universitas Pembangunan Panca Budi, Indonesia

Author-ID : 5496978

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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

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

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

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.

Implications of the Decision of the Regent of North Tapanuli Number 6 of 2022 on the Provision of Land Services to the Community Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.48

Challenges in establishing customary forests in Indonesia are caused by complicated bureaucracy, lack of synchronization between central and local bureaucracy, and the politics of citizen struggle using the identity of indigenous peoples. In the face of changes to Areal Penggunaan Lain (APL), there needs to be a careful approach and close collaboration between the local government, the central government, and indigenous peoples to achieve a balance between economic development, environmental preservation, and the rights of indigenous peoples. The research specification used in this research is descriptive analytical, which seeks to describe or describe events and events without conducting hypotheses and statistical calculations. Also normative juridical, namely research based on Ministerial regulations, books, and decrees of the Regent of North Tapanuli. The central and local governments have taken significant steps in recognizing and protecting the traditional and cultural rights of indigenous peoples. Changes in the Areal Penggunaan Lain (APL) can have serious impacts, requiring a cautious approach and close collaboration to maintain a balance between economic development, environmental preservation and the rights of indigenous peoples. Suggestions are made that local and central governments improve collaboration, concretely empower indigenous peoples, and integrate sustainable measures in policies to achieve a sustainable balance.

ANTESEDEN SHOPPING EMOTION KONSUMEN DALAM BERBELANJA BRAND FASHION UNIQLO Ari Prabowo; Henry Aspan; Etty Sri Wahyuni; Indawati Lestari
Management Studies and Business Journal (PRODUCTIVITY) Vol. 1 No. 5 (2024): Management Studies and Business Journal (PRODUCTIVITY)
Publisher : Penelitian dan Pengembangan Ilmu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62207/ebtme684

Tujuan penelitian ini adalah untuk mengetahui pengaruh Servicescape dan Intensitas Promosi terhadap Emosi Belanja Konsumen pada Brand Uniqlo Fashion di Delipark Mall Medan. Analisis yang digunakan adalah analisis asosiatif, metode penelitian ini adalah kuantitatif. Populasi dalam penelitian ini adalah seluruh konsumen toko UNIQLO Fashion Brand di Delipark Mall Medan yang tidak diketahui jumlahnya. Teknik Pengambilan Sampel Metode pengambilan sampel menggunakan metode Nonprobability Sampling dengan teknik Accidental Sampling yaitu teknik pengambilan sampel berdasarkan kebetulan, siapa saja yang kebetulan bertemu dengan peneliti dapat dijadikan sampel, sampel dalam penelitian ini tidak diketahui jumlahnya. Hasil yang diperoleh dari penelitian ini menunjukkan bahwa: 1) Servicescape berpengaruh secara parsial dan signifikan terhadap Shopping Emotion, 2) Intensity of Promotion berpengaruh secara parsial dan signifikan terhadap Shopping Emotion, 3) Servicescape dan Intensity of Promotion secara simultan berpengaruh dan signifikan terhadap Shopping Emotion.

Legal Protection For Consumers Of Parking Services Indonesia In Kabanjahe Listra Sembiring; Henry Aspan; Hasdiana Juwita Bintang
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.967

Conducting this research aims to find out what the legal relationship is between parking service users and parking service managers and what are the civil responsibilities of parking managers toward consumers of parking services. Using the normative legal research method, it was concluded: in the use of parking, both the manager and the consumer, have a legal relationship, namely the goods safekeeping agreement in this case so that the obligation in the parking agreement is that the consumer surrenders his vehicle to the parking manager to be placed in the parking area he manages, and pays parking fee (service) to the parking manager. The obligation of the parking manager is to maintain and maintain the consumer's vehicle safely while it is parked in the parking service area and must return it to the way it was originally received. Thus the legal responsibility of the parking manager for the loss of goods or vehicles belonging to consumers related to the existence of a standard clause on the transfer of responsibility in parking tickets is that the parking manager is obliged to be responsible for giving compensation to consumers whose vehicles are lost in the parking area managed by the parking manager because the manager parking is proven to have defaulted on the parking agreement which is a goods custody agreement.

The Problematic Management Of Waqf In Subulussalam (The Overlap Between Law Number 41 Of 2004 And Qanun Aceh Number 10 Of 2018) Endang Suhendra; Henry Aspan; Bambang Fitrianto
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.977

The Indonesian Waqf Board, abbreviated as BWI, is an independent institution established by the government to implement and develop waqf in Indonesia based on Article 47, paragraph 1 of Law Number 41 of 2004. Aceh is part of Indonesia within the scope of this legislation. However, because Aceh is a unique and autonomous region, Aceh has the authority to form its regulations governing Islamic law, including religious assets as regulated in Law Number 11 of 2006 concerning the Government of Aceh. Religious assets referred to in the law include zakat, infaq ṣadaqah, and waqf for the institution that regulates the management rights is an institution of specialty and specificity in the Government of Aceh and District / Municipal Government which, in carrying out its duties is independently authorized to maintain, maintain, manage and develop zakat, infaq, waqf assets and other religious assets, namely Baitul Mal by Aceh Qanun No. 10 of 2018 concerning Baitul Mal. The existence of two different institutions that manage waqf has resulted in the problematic management of waqf in Aceh and the overlapping rules and authorities of each institution. This research is a normative-empirical research with the category of live-case study based on empirical observations of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018 to analyze the Law used in the management of Waqf in Subulussalam Aceh. The normative legal research method is focused on analyzing legal documents and applying a library research approach. At the same time, the empirical legal research method requires direct observation, so research activities involve direct observation of waqf management according to Law Number 41 of 2004 and Aceh Qanun Number 10 of 2018.

A JURIDICAL REVIEW OF INFORMED CONSENT BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH AS A REPLACEMENT FOR LAW NUMBER 36 OF 2009 Kurniawan, Franky; Aspan, Henry; Andoko, Andoko
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 1 (2024): April 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i1.33564

In contemporary times, with the increasing legal awareness among the general public, the aspect of legal protection has become a focal point in the healthcare legal framework in Indonesia. The Law Number 17 of 2023 concerning Health, replacing Law Number 36 of 2009, illustrates significant changes in the healthcare legal structure in Indonesia. One of the primaries focuses in the implementation of this law is informed consent, which serves as a legal protection tool for patients. Therefore, this study aims to explore the regulation of informed consent in Law Number 17 of 2023 and its implementation among healthcare professionals or facilities. This research employs a normative juridical analysis method by examining the document of the Republic of Indonesia Law Number 17 of 2023 concerning Health, which replaces Law Number 36 of 2009 concerning Health. Legal reviews are conducted by referring to various legal sources and expert opinions. The research findings indicate that Law Number 17 of 2023 establishes a stronger foundation compared to the previous law for the implementation of informed consent. Informed consent is emphasized as both a medical duty and a patient's right, with an emphasis on providing comprehensive information. These changes reflect responses to the unequal access to healthcare services and the need to strengthen the national healthcare system, particularly in the context of emergencies, extraordinary events, or outbreaks. The study notes that there is still a need for adaptation and thorough understanding from healthcare professionals and facilities to maintain a balance between patient rights and the public health interest. Further issues to be addressed include aspects of informed consent that are not elaborated in detail in this new law, such as medical expansion procedures and decisions regarding life-sustaining treatment cessation or postponement. Keywords: Healthcare Law; Informed Consent; Legal protection.

THE AUTHORITY OF ANESTHESIA TECHNICIANS IN CONDUCTING ANESTHESIA PRACTICES REVIEWED IN LIGHT OF MINISTER OF HEALTH REGULATION NUMBER 18 OF 2016 REGARDING THE LICENSING AND IMPLEMENTATION OF ANESTHESIA TECHNICIAN PRACTICES (A STUDY AT MELAWI DISTRICT GENERAL HOSPITAL, WEST KALIMANTAN) Alief, Muhammad; Rafianti, Fitri; Aspan, Henry
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 1 (2024): April 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i1.33661

This study aims to evaluate the clinical authority of anesthesia providers in relation to Health Regulation No. 18/2016 and its implementation at Melawi Regional General Hospital. Anesthesia services in Indonesia are performed by anesthesiologists and anesthetists. The government issued Minister of Health Regulation Number 18 Year 2016 on Anesthesia Practice Permits and Implementation to clarify the responsibilities of anesthesiologists in performing such medical actions. In addition, nowadays, it is highly recommended that all hospitals be accredited to measure public safety and service quality. As part of the accreditation process, all medical professionals will be required to provide evidence of proficiency by demonstrating their credentials. Therefore, the purpose of this study is to determine the clinical authority of anesthesia providers in relation to Health Regulation Number 18 Year 2016 and its implementation. Examining Health Regulation No. 18/2016 on the License to Practice and Implementation of Anesthesia, this research uses a normative juridical analytical approach. The legal review was conducted by referring to several legal materials and expert opinions. The results showed that the authority of the anesthesiologist at Melawi Regional General Hospital is in accordance with Permenkes No. 18 of 2016. The research also noted that the procedure for delegation of authority from anesthesiologist to anesthesiologist is carried out with Standard Operating Procedures that have been determined by the Melawi Regional General Hospital. Keywords: Anesthesiologist; Authority; Implementation.

JAWAN RESPONSIBILITY PROVIDING PKWT COMPENSATION AT PT SOCFINDO PERKEBUNAN TANAH GAMBUS Etty Uyun; Henry Aspan
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.328

The legal basis for the company's obligation to provide compensation to PKWT workers lies in government regulation number 35 of 2021, the Job Creation Law as an implementing regulation. The service period for PKWT employees who will be extended can be compensated according to existing regulations after the PKWT period of at least one year ends. This article aims to determine the implementation of PKWT compensation by companies to their employees as regulated in statutory regulations. The research method that the author uses is empirical which is carried out using data collection methods through interview techniques with sources and distributing questionnaires. This article has been prepared systematically in accordance with the results and discussion of the author's research. The results of this research are PT. Socfindo Perk.Tanah Gambus has tried to implement regulations regarding compensation but they have not been fully implemented.

Co-Authors ABDUL RAHMAN MAULANA SIREGAR Abdul Razak Nasution Ade Syafitri Agus Adhari Ahmad Junaidi Alief, Muhammad Amanda Dwi Priaguna Ami Natuz Zahara Amlan, Amlan Andi Fahri Hasibuan Andoko , Andoko Andoko Andoko, Andoko Angelina E. Rumengan Anggy Auliawan Ansori Maulana Ari Prabowo Ari Prabowo Aryani Atika Windynata Sipayung Azhali Siregar Bambang Fitrianto Beby Sendy Berton Lumban Tobing CHANDRA DEWI Dahlan Dahlan Dahlan Dahlan Daniel Mulia Darwis Anatami Daud Arifin Delima Nasution Deni Karnius Zebua Dhermawan, M. Ryan Dian Mahardi Lestari Dicky Yosua Dira Dinda Alti Duma Milanta Dwi Faradina Eddy Sumardi Eko Sahputra Endang Suhendra Etty Sri Wahyuni Etty Uyun Etty Uyun 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 Irmanto Brampu Ismed Ismed Jemmy Rumengan Jonly Harmon Hadi Purba Kiki Farida Ferine Kurniawan, Franky Lestari Lamindo Limbong Lestari, Dian Mahardi Lestari, Indawati 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 isa indrawan indrawan Muhammad Riza Murnita, Eva Mutia Octavia Ngaliman Ngaliman Novan Trianda Matondang Onny Medaline Oskar Refelino Tambunan Oskar Refelino Tambunan Pardede, Fransthahi Hamonangan Priyatna, Escha Gusnadhi Putra, Randi Rian Putri Mauliza Putri Mauliza, Putri Rafianti, Fitri Rahmad Mirad Ramadhan, Faris Redyanto Sidi Reza Ananda Syahputra Rico Nur Ilham Rifa Zulkarnain Rina Hartaci Nasution Rindi Andika Rindi Andika Risman Setiawan Rivi Hamdani Lubis Riza Firdaus Riza Firdaus Riza Wira Pratiwi Lumbantoruan Riza Zarzani Rosli, Rozaini Rozaini Rozaini Rozaini Sardi Sardi Sardi Sembiring, Brema Risdianto Siregar, Abdul Rahman Maulana Siti Nurhayati Siti Nurhayati Siti Nurhayati Sonia Salsabilah Sri Devi Zebua Sri Rahmadani Sri Wahyuni Sumarno . Syahirah Ishmah Hutabarat T Riza Zarzani 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 Zul Pahmi Harahap Zulfahmi Harahap Zulkarnain Pasaribu

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