Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan Constitutum: Jurnal Ilmiah Hukum
Lucky Ferdiles
Universitas Borobudur
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Law Enforcement Against Cybercrime in Online Activities Sutardi Sutardi; Lucky Ferdiles
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (61.52 KB) | DOI: 10.57096/edunity.v1i05.34

Abstract

Indonesia, as a country based on law (rechtstaat), is not solely based on mere power (machtstaat), consequently that in the life of society, nation and state it is obligatory to comply with the will that has been regulated based on the applicable laws and regulations. One of the concepts in the theory of the welfare state is that the state has the responsibility to provide maximum health services to its citizens. Based on the provisions of Law Number 36 of 2009 concerning Health, in Article 5 paragraph (1) that; Everyone has the same right in obtaining access to resources in the health sector. One of the health sectors is the hospital which is an important part in the health sector and plays a role in supporting the survival of the community to live a healthy and prosperous life. Hospital medical records are an important component in the implementation of hospital management activities. According to the provisions of the legislation, namely Law Number 29 of 2004 concerning Medical Practice Article 46 paragraphs (1) to (3) and Minister of Health Regulation No. 269 of 2008 concerning Medical Records and Medical Records, made by doctors who are included in the management of their responsibilities which are intended for the condition of the patient. For this reason, medical secrets are the obligation of every doctor to maintain them as required by legislation. The obligation to keep medical secrets concerns things that are obtained through disease examination procedures or by chance, which are carried out by doctors, including those related to the patient's health. The problems that can be raised from this research are; 1. How is the construction of laws and regulations in regulating medical secrets? and, 2. Why does the legality of the disclosure of medical secrets require legal reform through a progressive legal approach? Solving the problem is done through a juridical normative research approach. The results of his research, that medical records are facilities that contain information about patients' illnesses and treatments aimed at maintaining and improving a health service regulated by Law No. 29 of 2004 concerning Medical Practice and Minister of Health Regulation No. 269 of 2008 concerning Medical Records. Legal reform regarding the disclosure of medical secrets through a progressive legal approach, constructively hospitals are obliged to comply with these laws and if violated are threatened with administrative sanctions ranging from verbal warnings, written warnings to license revocation and criminal sanctions
TINJAUAN YURIDIS KEWENANGAN KEJAKSAAN DALAM MENANGANI KASUS PERDATA (STUDI KASUS PUTUSAN NOMOR 121/PDT.G/2019/PN.CKR) Tifany Cynthia Sarahdesca; Lucky Ferdiles
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i1.1338

Abstract

The Prosecutor's Office is a government institution that exercises state power in the field of prosecution and other authorities based on law. Based on data from the Attorney General's Office, in 2021 the Attorney General's Office will play an active role as legal representative or attorney for the state or government in civil cases. Therefore, this research will analyze Decision Number 121/Pdt.G/2019/PN.Ckr related to the authority of the prosecutor's office in handling civil cases and how to resolve civil cases handled by the West Java High Prosecutor's Office. The research method used in this research is normative juridical. From the results of the discussion it can be concluded that the prosecutor's authority in handling civil cases in civil cases is carried out by the State Attorney General based on Article 30 paragraph (2) of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, Regulation of the Attorney General of the Republic of Indonesia Number 040/A/ JA/12/2010 jo. Republic of Indonesia Attorney General Regulation Number 018/A/JA/07/2014 concerning Standard Operating Procedures. The prosecutor's office can act and have authority for and on behalf of the state both outside and inside the court in the civil and state administrative fields based on the existence of a special power of attorney. The settlement of the civil case in civil case Number 121/Pdt.G/2019/PN.Ckr was carried out by the plaintiffs by filing a lawsuit for an unlawful act using the citizen lawsuit mechanism against state officials (citizen lawsuit).
PELAKSANAAN FUNGSI PENGAWAS KETENAGAKERJAAN DALAM MENGAWASI PENERAPAN UPAH MINIMUM PROVINSI DI DAERAH KHUSUS IBUKOTA JAKARTA Darwati; Lucky Ferdiles
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1712

Abstract

The relationship between workers and employers is regulated in an agreement, either in written or oral form. Law Number 13 of 2003 concerning Manpower regulates the rights and obligations of employers and workers. Article 90 states that employers are prohibited from paying workers wages below the minimum wage. However, PT. Guna Bangun Jaya paid workers wages below the minimum wage, and the Labor Inspector determined that the employer is obliged to pay the workers' wage shortfall. Against this determination, the employer filed a lawsuit with the State Administrative Court and the lawsuit was rejected. Regarding the employment relationship, the Industrial Relations Court stated that there was no employment relationship. Subsequently, the Head of the Manpower Sub-Department revoked the Manpower Inspector's determination. This study discusses the implementation of the Manpower Inspector's function in supervising the implementation of applicable regulations and the cancellation of the determination made by the Head of the Manpower Sub-Department. This study uses normative and empirical juridical research methods. The results of the study explain that the implementation of the Manpower Inspector's function is to provide guidance to companies that commit violations, including violations of the minimum wage. However, if the company ignores the guidance provided by the Labor Inspectorate and continues to commit violations, legal proceedings will be initiated and the case will be taken to court. The Head of the Manpower Sub-Department's revocation of the determination is inconsistent with applicable laws, namely Law Number 13 of 2003, Law Number 3 of 1951, and the Constitution of the Republic of Indonesia.
Co-Authors Darwati Sutardi Sutardi Tifany Cynthia Sarahdesca