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Yustisia Merdeka : Jurnal Ilmiah Hukum
Published by Universitas Merdeka Madiun
ISSN : 24078778     EISSN : 25800019     DOI : 10.33319
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal YUSTISIA MERDEKA diterbitkan oleh Fakultas Hukum Universitas Merdeka Madiun, terbit per satu semester (dua nomor dalam setahun) Pada bulan Maret dan September. Memuat naskah hasil penelitian, kanjian konseptual, analisis kritis di bidang hukum, konstiusi dan isu-isu ketatanegaraan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran hasil penelitian orisinal, para akademisi yaitu mahasiswa maupun dosen yang belum pernah dipublikasikan pada media lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 170 Documents
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IMPLEMENTASI PERATURAN BUPATI MADIUN NOMOR 39 TAHUN 2020 TENTANG PENERAPAN DISIPLIN DAN PENEGAKKAN HUKUM PROTOKOL KESEHATAN SEBAGAI UPAYA PENCEGAHAN DAN PENGENDALIAN CORONA VIRUS DISEASE 2019 DI KABUPATEN MADIUN Sarjiyati, Sarjiyati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.80

Abstract

Abstract       The purpose of this study was to determine the implementation of Madiun Regent Regulation Number 39 of 2020 concerning the Implementation of Health Protocol Law Enforcement as Efforts to Prevent and Control Corona Virus Disease 2019 in Madiun Regency as well as supporting and inhibiting factors in implementing the Discipline and Law Enforcement of Health Protocols as Prevention Efforts and Corona Virus Control in Madiun Regency. In this research method, researchers use empirical, namely data obtained directly through field research with primary data sources, secondary data sources and tertiary data sources as well as data collection techniques carried out by observation, interviews, document study, to informants using descriptive data analysis techniques. qualitative. The results of this study indicate that the Regent's Regulation Number 39 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control Corona Virus Disease 2019 in Madiun Regency has been implemented quite well by the Regional Government by conducting socialization related to the application of discipline and enforcement of health protocol laws. . In implementing the Regent Regulation, there are supporting and inhibiting factors. The supporting factors are agencies that play an active role in the prevention and control of the corana virus, while the inhibiting factor is the lack of public awareness to comply with health protocols, the existence of false news (hoaxes). Keywords: Implementation, Regional Regulations, Corona Virus Disease 2019, Discipline Implementation and Health Protocol Law Enforcement
Tinjuan Yuridis Terhadap Pasal 28 Ayat (2) UU ITE (Sudi Kasus : I Gede Ari Astina Alias Jerinx atau JRX ) Putera, Ryadh Mega
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.69

Abstract

Article 28 paragraph (2) of the ITE Law is one of the articles that regulate the spread of hatred in social media. The provisions of that article still lead to a multi-faceted understanding of the sense of hatred that the passage refers to. This study aims to find out about the regulation of hatred according to positive law and the arrangement of the article in the future. This study uses normative legal research methods that are sourced from the legislation. Hate-related arrangements are regulated in some legislation, but in particular, a sense of hatred in social media is set in Article 28 paragraph (2) of the ITE Law. The use of Article 28 the case of I Gede Ari Astina better known as Jerinx and also the difficulty in solving cases deemed to have violated this article. The provisions of the article still need improvement to further limit the actions of other users, while for Article 28 paragraph (2) there is no change. Keywords: Hatred; Article 28 paragraph (2; UU ITE.
PENYELESAIAN PERKARA PEMUTUSAN HUBUNGAN KERJA DI PENGADILAN HUBUNGAN INDUSTRIAL KOTA PALEMBANG Puspasari, Ayu; Meirani, Wasitoh; Erwin, Muhammad; Suroso, Suroso
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.66

Abstract

This study aims to explain and analyze the settlement of disputes in cases of termination of employment at the Palembang Industrial Relations Court. The research method used in this research is a type of empirical legal research (juridical empirical) that sees law as facts. The results showed that the incidence of termination of employment in Palembang City was caused by several factors, but the most dominant was that qualified workers/laborers resigned. The process of resolving a case of termination of employment at the Palembang Industrial Relations Court can be carried out using a quick program and an ordinary event. The two events, which are most often used to resolve cases of termination of employment at the Palembang City Industrial Relations Court, are normal. The obstacle related to the judges of the Palembang City Industrial Relations Court in resolving cases of termination of employment is that the parties do not agree on severance pay. The author suggests that the parties in a case state cooperative, not concerned with their respective egos related to severance pay so that the settlement of the case for termination of employment at the Industrial Relations Court can run smoothly. Besides, Industrial Relations Court judges also need to explain if the party does not agree on severance pay.Keywords:  Settlement; Termination of Employment; Industrial Relations Court. 
Perlindungan Hukum Terhadap Hak-Hak Narapidana Di Lembaga Pemasyarakatan Kelas IIB Ngawi Sugiarto, Kantrey; Wiacaksono, Kurniawan Bagus; Wiacaksono, Kurniawan Bagus; Sumiati, Sumiati; Sumiati, Sumiati; Dewi, Sangrila Puspita; Dewi, Sangrila Puspita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.83

Abstract

Abstract— Prisoners who are placed in prison are sometimes considered to have no rights whatsoever. They are sometimes treated inhumanely because they are considered to have committed a mistake or a crime so that their actions must be repaid in prison. The method used in this paper is normative juridical, which is research that is focused on studying the norms or norms in positive law which are then used as legal material to conduct research in Class II B Ngawi Prison regarding the rights of prisoners there. The efforts made by Ngawi Prison in the context of fulfilling the rights of prisoners have referred to the provisions of the applicable laws and regulations. In an effort to fulfill the rights of prisoners, it was found that there were obstacles faced due to the overcapacity of the inhabitants of the Ngawi Prison. With the results of this research, the main potential in the future is that it can be used as reference material for future prisoners, as a reference for further research with the development of the theme of over capacity, and as a bridge of information to overcome the gap between life in prison and the outside world. Keywords—: Prisoners; Rights; Protection.
TANGGUNG JAWAB HUKUM DOKTER TERHADAP KONSULTASI VIA ONLINE APABILA PASIEN MENGALAMI KERUGIAN Ramanda, Adi Tio Helga
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.73

Abstract

Health is the need of every human being in living his life. Health is also very important because without good health, it will be difficult for every human being to carry out his daily activities. Entering an era of rapid development, the world is faced with the emergence of new technologies in the medical field that allow doctors to practice in a virtual space. The legal basis of online medical services as well as to analyze the legal responsibility of doctors in providing online medical services if a patient experiences a loss. Type of research is a normative juridical research and analysis of legal materials. The approach used in this study is a statutory approach and a conceptual approach. Until now, there have been no detailed regulations regarding online-based medical services, both in statutory provisions and in the provisions of the medical code of ethics. Law Number 36 of 2009 concerning Health and Law Number 29 of 2004 concerning Medical Practice have so far not been used as a reference for the implementation of medical practice using online-based medical services. Furthermore, Law Number 11 of 2008 concerning Electronic Information and Transactions also cannot be used as a reference.
PELAKSANAAN PELAYANAN PEMERINTAH DESA TERHADAP MASYARAKAT DI DESA RANTAU PANJANG KECAMATAN SEBAWI KABUPATEN SAMBAS Hasiah, Hasiah; Tamrin, Tamrin; Somiadi, Somiadi
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.71

Abstract

This study aims to analyze the duties and authorities of the village government which is the leading government organization in the delivery of public services. Village government public services must be based on the minimum service standards as stated in the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 2 of 2017 concerning Village Minimum Service Standards that the Village Government must bring services closer to the community, facilitate services to the community, open service to the community and the effectiveness of services to the community. Public. This study uses a qualitative field research method with an empirical juridical approach. The results of the study concluded that there are still deficiencies in the implementation of the duties and authority of the village government in serving the community in Rantau Panjang. This is indicated by the fact that there are still people who do not have population data, there are concurrent positions in the Kasi and Kaur departments, and still not implemented regarding village determination regarding the village minimum service standard
Kajian Hukum Prospek Kepariwisataan Kabupaten Magetan Pada Masa Pandemi Covid-19 Terhadap Peningkatan Pendapatan Asli Daerah Purwati, Yuni; Haryani, Anik Tri; Nugroho, Sigit Sapto; Sheilawati, Farah Dina
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.84

Abstract

Abstract— The purpose of this study is to determine the impact of a pandemic Covid-19 to the tourism sector in the Regency of Magetan and find out the policy of the Regional Government of Kabupaten Magetan on prospects of tourism in the pandemic Covid-19. This study is a juridical empirical using qualitative analysis quantitative of data and facts in the field and supported by the approach of the legislation. The results of the study showed that the impact of a pandemic Covid-19 to the tourism sector is very visible and extraordinary, the impact negatif what happened to the tourism sector in the pandemic Covid-19, one of which is a decrease in revenue from the tourism sector this impact suffered by the offender or the Government of Kabupaten Magetan because the tourism sector is one of the post in order to increase revenue, in addition clear intensity of tourists drastically reduced. While the policy undertaken by the Government of Magetan Regency on the prospects of tourism is to make a policy better specialized programs, and also to make a decree which regulates in general related to the new life in the pandemic Covid-19 that governs related policies and things that need. Keywords—: Tourism; Pandemic Covid-19; Impact; policy.
Praktik Jual Beli Online Shope Pada PT. Shoppe Indonesia dalam Prespektif Hukum Perlindungan Konsumen di Indonesia chairani, meirza aulia
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.79

Abstract

Abstract - The current buying and selling practice in Indonesia is very high, by using a mobile phone, one click the goods will be sent home easily. The famous online buying and selling application or online advertising, one of which is the online shop buying and selling application. Various kinds of products provided by consumers can choose what items to buy. However, sometimes the order that we buy doesn't match what we ordered. This results in losses for consumers. Lack of consumer protection in online buying and selling in Indonesia due to a lack of regulations that protect consumers, business actors, online application parties, carriers, and related parties. Therefore, this research uses an empirical juridical method, with a statutory approach and a conceptual approach. Keyword: consumer protection, e-commerce, buy and sell
Upaya Mediasi dan Akibat Hukum Sengketa Pertanahan di Kantor BPN Kabupaten Sambas Jamiat, Jamiat; Saliro, Sri Sudono; Samsul, Samsul
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.70

Abstract

Abstract Land is considered an asset that promises high value, so it is not surprising that land disputes occur in order to maintain ownership rights to land. The land dispute resolution process can be carried out by litigation or non-litigation. In the context of the implementation of land dispute resolution conducted at the Sambas BPN office, it is carried out through a mediation process (non-litigation). Based on the facts in the field in 2018 and 2019, there were many land disputes that were not resolved through mediation. This research focuses on what factors are causing the failure of mediation conducted at the Sambas BPN Office and how the legal consequences of resolving land disputes are resolved through mediation. The research uses empirical methods, and is analytical descriptive. To obtain primary data observation and unstructured interviews were conducted with respondents and sampling using purposive sampling. The results showed that: first, the factors causing the failure of mediation were the factors of the parties, the completion time factor, and supporting data factors. Second, the legal consequences of resolving land disputes resolved through mediation bind the parties to the dispute.
KAJIAN HUKUM PENGHENTIAN TERAPI BANTUAN HIDUP (WITHDRAWING OF LIFE SUPPORT) DALAM PERAWATAN PALIATIF sediatmojo, agung sediatmojo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.76

Abstract

Abstract— Withdrawing of life support was chosen as a preventive measure for the suffering of a person with an incurable disease. This action was taken because there is no other way that can help a person to escape the terrible suffering at the end of his life. Withdrawing of life support should observe the principle of Palliative Care, it does not aim to accelerate or prolong the patient's life. This research analyzes the legal norms of Withdrawing of life support using a statute approach, a conceptual approach and a comparative approach. The aim is to examine whether this action can be classified as an illegal act and what is the legal responsibility for the doctor who did it. Withdrawing of life support as Palliative Care is still continuing the normal treatment as a form of maintaining the quality of life for patients, while extraordinary treatments that are felt to be useless and futile. Determining what is ordinary or extraordinary is very important so that doctors and nurses can be sure that their professional actions do not violate ethics or law. Doctors as perpetrators of withdrawing of life support in Indonesia cannot be classified as a criminal crime against life. In outward acts (actus reus), these actions can result in the loss of a person's life. But the mental attitude (mens rea) to Withdrawing of Life Support is very different from murder. Civil liability arises when there is a violation of the rights of others, a violation of the perpetrator's legal obligations, violates decency and morality and violates the behavior of a good citizen. Good citizen behavior for a doctor refers to professional standards, standard operating procedures, medical code of ethics and the behavior of other colleagues.Keyword: legal aspect; responsibility; withdrawing of life support; palliative care

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