Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Jurnal Yurispruden merupakan jurnal yang menampung dan mempublikasikan tulisan hasil riset atau opini yang berkaitan dengan ilmu hukum secara umum dan luas, baik rumpun hukum perdata, hukum pidana dan hukum tata negara, baik dogmatika hukum, teori hukum atau filsafat hukum, yang disusun oleh akademisi, peneliti dan/atau praktisi hukum.
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<![CDATA[INOVASI DAN KREATIVITAS PUBLIC SERVICE DALAM ERA OTONOMI DAERAH SEBAGAI MODERN LOCAL GOVERNMENT ]]>
<![CDATA[Afifuddin Afifuddin]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 4, No 2 (2021): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v4i2.11216
<![CDATA[The implementation of public services is still going on with the old public administration practices. Therefore, it is time for the bureaucracy to change its mindset. The development of the paradigm of public administration can bring enlightenment to the bureaucracy. Public Service innovation and creativity is one of the right solutions in the era of regional autonomy in achieving the welfare of modern regional government. So that innovation and creativity are needed to translate public interest in accelerating the goal of regional autonomy, namely nation building. This study raised the formulation of the problem; (1). How is the innovation and creativity of public service in the era of regional autonomy as a modern local government? (2). What are the supporting and inhibiting factors for implementing innovation and creativity in public service in the era of regional autonomy as modern local government in Indonesia? This study was designed using qualitative methods with interactive techniques. The results of this study are expected to find new concepts that can be applied in improving public services in Indonesia, and to realize these innovations the government needs space for creativity.]]>
<![CDATA[TANGGUNG JAWAB RUMAH SAKIT TERHADAP TENAGA MEDIS DALAM KESELAMATAN DAN KESEHATAN KERJA AKIBAT PELAYANAN MEDIS ]]>
<![CDATA[Maharja Jathi Perkasa]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 4, No 2 (2021): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v4i2.8989
<![CDATA[he hospital is a health service that contained risks of occupational health and safety for The hospital is a health service that contained risks of occupational health and safety for its medical personnel, so the need for hospital occupational health and safety (K3RS) project to avoid those risks. An organization such as committee needed to ensure optimal K3RS management. This research formulation of the problem are the legal responsibility of the hospital to the medical personnel for K3 due to medical services in the hospital and the legal consequence of the absence of the K3RS Committee. This reasearch used normative juridical with statue approach and conseptual approach. The result showed that the hospital is responsible for problems in the scope of K3RS, responsibility related to the obligations set by the government and legal responsibility in carrying out the regulations. The result was, if the hospital did not formed an K3RS committee, they have to be legally responsible, for both criminal and civil law. Since hospital held responsibility to form a K3RS committee. According to the regulation from Hospital Accreditation Committee (KARS), director of the hospital held the responbility to fulfill this requirement.]]>
<![CDATA[THE ROLE OF LOCAL GOVERNMENTS IN REGIONAL FINANCIAL MANAGEMENT FOR THE HANDLING OF THE CORONA VIRUS DISEASE 2019 (COVID-19) PANDEMIC ]]>
<![CDATA[Fahrul Abrori]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 4, No 2 (2021): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v4i2.10250
<![CDATA[The COVID-19 pandemic in Indonesia led the government to make policies as a stimulus to maintain the stability of society and the economy. The central government authorizes local governments to manage local finances to deal with covid-19 in their respective regions. This is because the local government better understands the needs of the region. The issue raised first, how is the relationship between the Central Government and Local Government in financial management for the handling of the covid-19 pandemic? Second, what is the role of local governments in regional financial management for the handling of the Corona Virus Disease 2019 covid-19 pandemic? Using normative juridical research methods with statutory approaches and concept approaches. The relationship between the Central Government and Local Government in Financial Management for the Handling of the covid-19 Pandemic is fiscal decentralization. The role of local governments in regional financial management for the handling of the Covid-19 pandemic is by refocusing activities, reallocating budgets, and using regional budgets.]]>
<![CDATA[URGENSI PENERAPAN SISTEM CYBER NOTARY DITENGAH PANDEMI COVID 19 ]]>
<![CDATA[Tamara Dwi Rizki Amanda]]>;
<![CDATA[Wardani Rizkianti]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 4, No 2 (2021): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v4i2.9299
<![CDATA[Indonesia has designated the Covid-19 pandemic as a disease that causes a public health emergency and the government has issued several regulations requiring people to work from home. This research covers two main problems First, how is the validity of notary deeds made by the cyber notary system? Second, what is the urgency of implementing a cyber notary system amid the Covid-19 pandemic? This writing uses normative juridical research. Notary deeds made by cyber notary have the power of proof as underhand deeds. The importance of implementing cyber notary amid a pandemic is strengthened one of which is the Minister of Health Regulation Number 9 of 2020 and Government Regulation Number 21 of 2020 which requires closing the office sector and working from home to break the line of the spread of the coronavirus in Indonesia.]]>
<![CDATA[Efektivitas Mekanisme Penyelesaian Sengketa Pulau Takeshima/Dokdo Melalui Jalur Non-Yuridis ]]>
<![CDATA[Al Dina Maulidya]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.6523
<![CDATA[This study aims to determine the effectiveness of the Takeshima/Dokdo Island dispute resolution mechanism between Japan and South Korea through non-juridical channels. The dispute has been started since the Japanese occupation in South Korea, so in this paper the author wants to examine the dispute resolution mechanism that has been carried out by Japan and South Korea in their efforts to resolve the Takeshima/Dokdo Island dispute. This type of research is normative legal research that emphasizes the approach to legislation. The results of this study indicate that the settlement mechanism carried out by Japan and South Korea using non-judicial channels is still not effective. The two countries have negotiated twice, namely in 1998 and 2006. In the same year as the second negotiation, South Korea decided to free itself from the UNCLOS dispute resolution. Then in 2018 Japan established a permanent connection to the island of Takeshima/Dokdo. South Korea's refusal to take the dispute to the International Court of Justice and the failure of negotiations, have left ambiguity over the ownership status of Takeshima/Dokdo islands.]]>
<![CDATA[Tanggung Jawab Yang Lahir Dari Kewajiban Atas Kesehatan Masyarakat Di Masa Pandemi Covid-19 Dalam Perspektif HAM (Hak Asasi Manusia) ]]>
<![CDATA[Nurika Falah Ilmania]]>;
<![CDATA[Benny Krestian Heriawanto]]>;
<![CDATA[Pinastika Prajna Paramita]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.14078
<![CDATA[Covid-19 is a crucial health issue, as a right that must be fulfilled because it is one of human rights and the state has responsibility for public health in the form of promotive, preventive, curative and rehabilitative activities, especially in the era of covid 19. knowing the position of public health as part of human rights and the responsibility of the State for the fulfillment of health during the Covid-19 period based on the perspective of Law Number 39 of 1999 concerning Human Rights jo. Health Law Number 36 Year 2009 concerning Health. This research is a normative juridical research, with a statutory approach and a conceptual approach using legal materials in the form of legislation and some relevant literature. The technique of collecting legal materials is carried out by literature study activities using legal materials analysis techniques in the form of grammatical, systematic, and teleological. Interpretations.]]>
<![CDATA[Keabsahan Jual Beli Di Bawah Tangan Tanah Transmigrasi Di Kabupaten Mamuju Tengah ]]>
<![CDATA[Muh. Galil Gibran]]>;
<![CDATA[Rofiq Laksamana]]>;
<![CDATA[Dian Aries Mujiburohman]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.8897
<![CDATA[The government provides land for the implementation of transmigration. The land is granted with the status of property rights on the condition that it cannot be traded for 20 (twenty) years. However, many transmigrants do not feel at home and choose to return to their original areas, by selling the transmigration land to other parties before 20 years. The sale and purchase of transmigration land is carried out under the hands without a deed from PPAT. So the problem studied is the legality of buying and selling under the hands and how to resolve it to register land at the Land Office if there is no PPAT deed, because the seller's whereabouts are unknown. This study uses empirical normative legal research methods with primary data sources through interviews. The results of the study show that buying and selling under the hands according to customary law is legal as long as it meets the requirements, namely clear and cash, but buying and selling under the hands without a deed of sale and purchase made by PPAT cannot be registered at the Land Office.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelaku Usaha Penanaman Modal Usaha Industri Beralkohol ]]>
<![CDATA[Ulfah Fauziah]]>;
<![CDATA[Suratman Suratman]]>;
<![CDATA[Isdiyana Kusuma Ayu]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.14311
<![CDATA[The legal vacuum occurred before the enactment of a replacement regulation regarding new investment in the alcoholic industry, until the ratification of Presidential Regulation Number 49 of 2021, especially on the issue of the validity of regulations and legal protection for investment business actors, for this reason it is necessary to analyze how legal protection is for business actors and legality of investment regulations in the alcoholic industry after the amendment of Presidential Regulation Number 10 of 2021 through normative juridical research, legal approaches and concepts. Based on the research results, the legal protection of business actors is based on Law Number 8 of 1999 concerning Consumer Protection. Legality of Investment is legal, based on Law Number 25 of 2007 concerning Investment, but new investment in the alcoholic industry is not reopened based on Presidential Regulation Number 49 of 2021 concerning Amendments to Presidential Regulation Number 10 of 2021 concerning Business Fields Capital investment.]]>
<![CDATA[Pertanggungjawaban Pelaku Usaha Terhadap Konsumen Terkait Produk Makanan ]]>
<![CDATA[Ane Fany Novitasari]]>;
<![CDATA[Rokiyah Rokiyah]]>;
<![CDATA[Shohib Muslim]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.13818
<![CDATA[The obligation of a producer is not only to produce consumer needs, but to create and maintain a healthy business atmosphere is also part of the producer's duty. In fact, many food products cause people to get sick. This is because the perpetrators are negligent in producing food, but there are also business actors who deliberately make mistakes so that they can get a lot of profit. The purpose of this study is to analyze the accountability of business actors to consumers related to food products. This study uses a normative juridical method. The results of the study indicate that Article 2 of Law Number 8 of 1999 includes five principles which include the principle of benefit, the principle of justice, the principle of balance, the principle of security and consumer safety, and the principle of legal certainty. The responsibility of business actors to consumers regarding food safety is by making demands against food business actors who produce and sell dangerous food, namely by proving the guilt of the business actor with the principle of responsibility.]]>
<![CDATA[Perlindungan Hukum Atas Kebocoran Data Dan Informasi Pribadi Pada Penumpang Transportasi Udara ]]>
<![CDATA[Fitria Dewi Navisa]]>;
<![CDATA[Angelina Septa Roekmanda Sari]]>;
<![CDATA[Delfi Yumita Ramadhani]]>
<![CDATA[ Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 1 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Malang ]]>
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DOI: 10.33474/yur.v5i1.13935
<![CDATA[Air transportation service companies often fail to fulfill their consumer rights, such as being irresponsible for leaking passenger data. In connection with this case, there is a need for legal protection for consumers who feel that they have been harmed. This air transportation service provider has a huge responsibility to maintain the privacy of its passengers and consumers. So that by using a normative juridical research method, the author can take the subject matter raised, namely how is legal protection for air transportation services that are affected by data leaks carried out by irresponsible persons from airline companies. By using the theory of legal protection and legal certainty, the author can conclude that actions related to the spread of a personal matter are unlawful acts, whether intentional or not based on negligence, which can lead to liability such as compensation by the airline.]]>
