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Tanggung Jawab Hukum Atas Pasien Gangguan Jiwa Yang Melarikan Diri Dari Ruang Rawat Inap Rumah Sakit Mulyono Mulyono; Dewi Setyowati; Kamarudin Kamarudin
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 3, No 1 (2018)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v3i1.191

Abstract

Health jurisdiction at this time is increasingly widespread, people are becoming increasingly aware of their rights protected by law. Juridically the hospital is responsible for all losses caused by negligence of health workers in the hospital. To minimize or eliminate losses due to negligence of medical personnel, hospitals hire employees in accordance with his profession to give direct patient health. In the background there is a legal issue in hospital services, namely legal responsibility for mentally ill patients who have escaped from the inpatient hospital. There will be legality problems and the burden of responsibility to the hospital or guard officer in the inpatient room for mental patients who escape from the hospital inpatient room. The research method used in the research is descriptive normative, using a statute approach and conceptual approach. Legal materials used are a source of primary law (criminal code, civil code, the law of the health sector, and regulations the minister of health) and secondary legal materials (textbooks, literature, the literature related to the discussion). Results of the research showed that responsibility for mental patients who escaped from the room inpatient can be grouped into three groups, namely responsible for the field of hospital, the person in charge is the head of the hospital, responsible for the medical field, the person in charge is each doctor, responsibility of the nursing field, the person in charge is each nurse. Where this is a civil case then becomes the responsibility of the home, and when the criminal case it becomes important responsibility beach offender.
Critical Reflections on The Legal Science Dewi Setyowati
Jurnal IUS Kajian Hukum dan Keadilan Vol 7, No 3 (2019)
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v7i3.719

Abstract

Generally, there are two opposing sides when discussing the epistemology of the law, namely realist and anti-realist. The point of difference between the two sides includes several topics responding to the basic topics related to the definition, scope, methodology and truth that want to be achieved by the science of law. This research aims are to answer some of the epistemological problems of jurisprudence and what philosophical assumptions based on and methodological implications for achieving truth in realist and anti-realist tensions. This article uses a conceptual review of the epistemic study of law. The result of this research is that the epistemology discourse of jurisprudence has been a topic of debate for a long time and stems from tensions between rationalism, empiricism, and pragmatism. Methodological differences also have logical consequences for the attainment of the truth that realists and anti-realists aim to address. Correspondence becomes the truth to be achieved by law according to the realist. In contrast to the belief of anti-realists who believe that the truth is not just a statement, but it becomes true if it fits and supports with other statements. Whereas pragmatic assumes the validity of the law is measured by its validity at its usefulness.
Tinjauan Yuridis Peraturan Perundang-Undangan sebagai Ratifikasi Perjanjian Internasional Dewi Setyowati; Nurul Hudi; Levina Yustitianingtyas
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.52

Abstract

This study aims to resolve problems that arise in connection with reconsideration of regulations ratification of the treaty. Can legislation on treaty ratification An overview held back, and how the legal consequences if there is a decision on the revocation of laws on ratification of the treaty in Indonesia. In order to solve these problems need to be supported by the research in the form of legal material. Research obtained through library research (library research) in libraries. From this legal research to achieve results that provide answers to existing problems, namely that the Constitutional Court only had authority to examine the material legislation and ratification of international agreements is not authorized to cancel the treaty. And the cancellation of a law the ratification of international treaties have no direct correlation to the bond Indonesia against international agreements canceled. Thus the State can withdraw from its attachment to an international agreement if the agreement is contrary to the destination country. If a treaty is not regulated the procedure of withdrawal, it can refer to the rules stated in the Vienna Convention of 1969.
Aspek Kriminologi Tindak Pidana Korupsi Dewi Setyowati Dewi Setyowati; Sisca Muji Rahayu
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.104

Abstract

Corruption that is happening in Indonesia today, is already in a very serious position and is deeply rooted in every aspect of life. The development of corrupt practices from year to year is increasing, both in terms of quantity or amount of state financial losses as well as in terms of quality which are increasingly systematic, sophisticated and have expanded in scope in all aspects of society. Corruption is an act that can not only harm the state's finances but can also cause losses to the people's economy. This paper explores the criminological aspects of corruption. In the decision Number: 95/Pid.Sus-TPK/2019/PN. Sby stated that law enforcers from court institutions, namely the scope of the Registrar's Office, were involved in cases of criminal acts of abuse of authority which indicated a criminal act of corruption, namely bribery. The need for clear legal accountability for government officials in carrying out their duties and authorities is an essential requirement in an effort to realize law enforcement for criminal acts of corruption with legal certainty and justice.
Perlindungan Hukum pada Tindak Pidana E-Commerce Dewi Setyowati; Candra Pratama Putra; Ramdhan Dwi Saputro
Perspektif Hukum VOLUME 18 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v18i2.147

Abstract

In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.
Study on Victimology of Abortion on Pregnant Women who do not Get the Husband’s Approval Sutarno Hardjodirjo; Dewi Setyowati
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.127

Abstract

Observing Article 71 and 72 of Law Number 36 Year 2009 on Health, it can be concluded that every pregnant woman who has fulfilled the legal requirements for the benefit of the pregnant woman to have an abortion can not be intervened by a legitimate partner. Indonesian Government Regulation Number 61 Year 2014 on Reproductive Health, which is an implementing regulation Health Act above, Article 26 Paragraph 1 explained that every woman has the right to undergo a healthy sexual life safely, without coercion and discrimination, without fear, shame, and guilt. One explanation healthy sexual life in verse two is free from physical and mental violence. The problem that arises is when a woman is medically to be aborted for the safety of the woman and meets all requirements of an abortion but did not get the approval of her husband because of certain reasons. Based on the principle of legal certainty, abortion would not be able to do as opposed to legislation by not getting the husband's consent, whereas if the terms of the principles of justice and expediency, a woman has the right to get her human rights, the right to live and determine her own destiny.
PENINGKATAN KAPASITAS KELOMPOK SADAR WISATA DAN PENGEMBANGAN DESTINASI WISATA ”SUMBER KEMBANGAN” DESA PARON, KECAMATAN NGASEM, KABUPATEN KEDIRI Djoko Siswanto Muhartono; Dewi Setyowati; Ninis Trisyani; Wiwik Sulistiani
Jurnal Pengabdian Masyarakat Pesisir VOLUME 1 NOMOR 1
Publisher : Universitas Hang Tuah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jpmp.v1i1.79

Abstract

Permasalahan yang dihadapi oleh Kelompok Sadar Wisata (Pokdarwis) Desa Paron, Ngasem, Kabupaten Kediri adalah: sepinya wisatawan, kurangnya fasilitas, sarana, prasarana, paket wisata, dan pengelolaan Pokdarwis, Oleh karena itu tujuan pengabdian kepada masyarakat untuk meningkatkan kapasitas kelompok sadar wisata dan pengembangan destinasi wisata ”Sumber Kembangan.” Pengabdian kepada masyarakat ini menggunakan metode observasi dan wawancara untuk mengidentifikasi materi pelatihan apa yang sesuai dengan permasalahan yang dihadapi dan kemudian disusun modul pelatihan dalam rangka pengembangan kapasitas Pokdarwis dan destinasi wisata ”Sumber Kembangan.”  Adapun hasil yang diperoleh adalah: (1) pengembangan kondisi eksisting destinasi ”Sumber Kembangan”; (2) peningkatan kapasitas anggota dalam pengelolaan Pokdarwis, khususnya dalam hal manajemen sumber daya manjusia, pengelolaan keuangan dan jejaring dengan pihak lain.