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Journal of Law Science
Published by Institute of Computer Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP is managed to be issued three times in every volume. The Scope of Journal of Law Science is: -Law: including civil law, criminal law, administrative law, military law, constitutional law, international law. -Judiciary: including judicial case management and management of the judicial apparatus.
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Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2020): Law Science" : 5 Documents clear
Legal Protection For Consumers In Consumers Electronic Transactions Yenni Kristin. P
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The presence of electronic commerce or electronic commerce, not only has a positive impact on the world of trade, especially in Indonesia, but has also given birth to laws against consumers for electronic commerce users. Consumer protection is a term used to describe the legal protection provided to consumers in an effort to meet their needs from things that can harm consumers themselves. By understanding the understanding of the consumer itself, it will be able to know what things are the rights and obligations of the consumer and also the relationship between the consumer and the business actor. Consumer protection in Indonesia is regulated in the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. The writing method used is a normative legal research method, namely through library research or library research, namely research conducted by examining library materials related to the problems to be studied. Library materials that are used as sources of research are also called secondary data. The payment system used in electronic commerce must be paid through an electronic system as well, either by using a credit card or debit card. Security by using this system is protected by Law Number 11 of 2008 concerning Information and Electronic Transactions.
Responsibility Of Doctors Who Perform Malpractices (An Overview Under Health Law) Benny L H Hutahaean
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i1.1604

Abstract

The public's trust and positive assessments of the medical world are starting to decline, the medical world that used to seem unreachable by the law can now become a legal problem. This can be seen from the news that is reported by various mass media, both print and electronic media, there are often legal cases both civil and criminal which are examined by the Court related to medical practice or are often mentioned by many groups as: “Malpractice Medical". The problems that will be discussed by the author in writing this thesis are: What are the limitations that can be used to determine that a doctor has committed medical malpractice on a patient; What actions or legal remedies can a patient or his family take if he is exposed to medical malpractice; What sanctions can be imposed on doctors who commit medical malpractice as a form of responsibility of doctors to their patients. The type of research used in this paper is a normative juridical research, namely research conducted on written regulations governing health law and legal materials related to medical malpractice.
The Existence Of Regional Representative Boards In The Indonesian Representative Institution System Alexander J Sinukaban
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i1.1607

Abstract

The Regional Representative Council is a state institution that has a certain structure, position, task and authority by the 1945 Constitution which has been amended. With the presence of this state institution, it also influences and changes the structure of the people's representative institutions in Indonesia, and also the Indonesian state administration system. In the course of the system of Indonesian representative institutions, there was an institution whose duties and capacities were similar to those of the Regional Representatives Council, namely the Senate. Where the Senate was formed during the validity period of the RIS Constitution, along with the development of the Indonesian state administration, this institution was also erased when the Indonesian Constitution returned to the 1945 Constitution. The existence of this institution was replaced with Regional Representatives and Group Delegates, in which they represented regions and groups. certain groups in Indonesia. The first, second, third, and fourth amendments to the 1945 Constitution gave birth to the Regional Representative Council where with this amendment there was a change in the Indonesian state administration system, where with this amendment the People's Consultative Assembly changed both its structure and position, in its structure the People's Consultative Assembly The People's Representative Council consists of the People's Representative Council and the Regional Representative Council, while its position is no longer the highest state institution, but it is equal to the DPR, DPD, President, and other State Institutions as State High Institutions. The Regional Representative Council has similarities with several similar institutions in other countries, namely the Senate (United States) and the State Council (Malaysia) where they already have a strong position in the parliamentary system in their respective countries.The position, duties, rights, and authorities of the Regional Representatives Council in the Indonesian state administration system do not appear to have the same power as the very powerful House of Representatives. This is what invites debate in the existence of the Regional Representative Council. Where the existence of the Regional Representative Council should be improved and given a position and authority that is equal to the Regional Representative Council.
Legal Efforts For The Parties To The Sale and Purchase Agreement of Goods (Comparative Study of The United Nation Convention on Contracts For The International Sale of Goods (CISG) Provisions and The Civil Code in International Trade) Shelly Yusika
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

A sale-purchase agreement is a type of reciprocal agreement that involves two parties, namely the seller and the buyer. Both parties who make a sale-purchase agreement each have the right and obligation to carry out the contents of the agreement they made. As in general, an agreement is a legal institution based on the principle of freedom of contract where the parties are free to determine the form and content of the type of agreement they make. However, the freedom to make an agreement will be different if it is carried out in a wider scope involving parties from countries with different legal systems. Each country has its own provisions which may differ from one another. This research is entitled: Legal Efforts for the Parties in the Sale-Purchase Agreement of Goods (Comparative Study of the Provisions of The United Nation Convention on Contract for the International Sale of Goods (CISG) and the Civil Code in International Trade). The problems that will be discussed from this research are: How to regulate the rights and obligations of the parties in a sale and purchase agreement in international trade both in the Civil Code and The United Convention On Contract For The International Sale Of Goods (CISG) as well as legal remedies that can be taken by the parties. parties in the event of an international trade dispute in the Civil Code and The United Convention On Contract For The International Sale Of Goods (CISG) This research is normative legal research. The first step is to carry out normative legal research based on secondary legal materials, namely an inventory of regulations relating to contracts and buying and selling of goods internationally, both contained in the Civil Code and in The United Convention On Contract For The International Sale Of Goods (CISG). ). In the CISG legal remedies for sellers and buyers in the event of a dispute on the implementation of the agreement are divided into three categories, namely in terms of breach of contract, fundamental contract, and anticipatory breach. In the Civil Code, legal remedies for the parties in the sale-purchase agreement are regulated in Article 1236-1243 of the Civil Code in the event of a specific default and default, each of which has different consequences and duration of filing a lawsuit. Meanwhile, the claim for compensation is regulated in Articles 1243-1252 of the Civil Code.
Legal Review Doctor’s Professional Liability Insurance To Patients Febrina Lorence Sitepu
Journal of Law Science Vol. 2 No. 1 (2020): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v2i1.1613

Abstract

The cause of disputes that occur between patients and doctors is often due to an alleged medical malpractice carried out by doctors in carrying out their duties as providers of health services to patients, and resulting in losses for patients. Through professional liability insurance, doctors can transfer all risks of a patient's lawsuit against him to the insurer by paying a certain premium, and the insurer provides compensation to the patient who filed the lawsuit. As for the problem in this thesis is how the professional obligations of doctors in providing services to patients and the possibility of malpractice as the basis for the existence of medical professional liability insurance,The research method used in the preparation of this thesis is the normative juridical method. The normative juridical research method is used in this study to conduct searches on legal norms, as well as to obtain data and information contained in various literatures in libraries, research journals, newspapers, magazines, internet sites and so on. Doctors' professional obligations in providing services to patients are regulated in the Indonesian Medical Code of Ethics (KODEKI) and Law No. 29 of 2004 concerning Medical Practice. Broadly speaking, the doctor's professional obligations to the patient are: protecting the life of human beings, being sincere and using all their knowledge and skills for the benefit of the patient, keeping everything he knows about a patient even after the patient dies, performing emergency assistance as a duty. humanity, as well as increase knowledge and follow the development of medical science or dentistry. Medical malpractice is a doctor's behavior that is not right, which violates morals and laws. This malpractice occurs due to negligence in carrying out the practice of the medical profession. Legal liability insurance arises in connection with legal aspects in society where it is possible to sue other parties as individuals or business entities for careless actions or negligence. Arrangements for legal relations between doctors and insurance companies are specifically regulated in insurance policies. The policy is used as evidence that there has been an insurance agreement between the insurer (insurance company) and the insured (doctor). In addition, the regulation of legal relations between doctors and insurance companies is also regulated in the Commercial Code, the Civil Code, and Law no. 23 of 1992. The forms of risk that can be transferred by the doctor as the insured with the insurance company as the insurer are: bodily injury to the patient caused by the actions of the insured that occur in the area of ??coverage during the validity of the policy, actions taken by authorized health workers who are not doctors or doctors teeth that help the insured, events that result in loss and claims from patients, professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. bodily injury to the patient caused by the actions of the insured that occurred in the coverage area during the validity of the policy, actions taken by authorized health workers who were not doctors or dentists who assisted the insured, events that resulted in losses and claims from patients, liability insurance the medical profession only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. bodily injury to the patient caused by the actions of the insured that occurred in the coverage area during the validity of the policy, actions taken by authorized health workers who were not doctors or dentists who assisted the insured, events that resulted in losses and claims from patients, liability insurance the medical profession only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. events that result in losses and claims from patients, medical professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. events that result in losses and claims from patients, medical professional liability insurance only applies to compensation for losses that are determined to be located in the country of address of the insured party. So there are several ways to settle disputes over these claims, namely: through peaceful means, through arbitration institutions, through court processes. Based on these explanations and conclusions, the author suggests that professionals should take professional legal liability insurance, especially for doctors to take medical professional liability insurance. It is recommended that efforts to introduce medical professional liability insurance products be increased to protect patients and doctors in the event of medical malpractice. The amount of premium should be adjusted to the condition of doctors and patients in Indonesia. In accordance with the development and progress of the medical profession, the Government should immediately stipulate a provision regarding the medical professional standard.

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