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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 127 Documents
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REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA Basuki Kurniawan
JURNAL AKTA YUDISIA Vol 6, No 1 (2021): Jurnal Akta Yudisia Volume 6 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i1.2202

Abstract

ABSTRACTIklim investasi sulit berkembang bilamana terlalu banyaknya aturan yang tumpang tindih dari pusat hingga daerah, serta dengan prosedur perizinan yang lama menjadi suatu sumber masalah yang tidak kunjung selesai. Melihat hal tersebut Presiden Jokowi membuat trobosan dengan menggunakan Omnibus Law Cipta Lapangan Kerja atau sering kali disebut dengan RUU Omnibus Law Cilaka. Hal ini merupakan sesuatu yang baru di Indonesia, namun itu merupakan suatu terobosan dalam menyelesaikan kesemerawutan hukum di Indonesia. Namun keinginan dari Pemerintah mendapatkan respon gelombang demo yang cukup besar dari golongan buruh dan masyarakat. Demo itu didasarkan isi dari pasal-pasal dalam RUU Omnibus Law Cipta Lapangan Kerja yang dianggap merugikan masyakat Indonesia dan golongan buruh. Berdasarkan pendapat yang penulis sampaikan, kami menyimpulkn beberapa hal. Pertama, RUU Omnibus Law Cipta Lapangan Kerja memiliki beberapa koreksi yang lebih dalam khususnya dalam aspek paradigma serta substansi pengaturan mengenai PHK, Izin, serta Otonomi Daerah (Desentralisasi). Kedua, niatan adanya RUU Omnibus Law Cilaka yakni untuk mengurangi adanya hyper regulation (banyaknya peraturan perundang-undangan), namun dalam RUU malah menciptakan aturan turunan yang membuat semakin banyaknya aturan baru yang dimunculkan. Maka seyogyanya RUU Omnibus Law Cipta Lapangan Kerja ini perlu di atur ulang dengan tetap mengikut sertakan masyarakat luas dalam memberikan masukan dan pandangan demi sempurnanya RUU Cipta Lapangan Kerja ini. Kata Kunci: Omnibus Law, Cipta Lapangan Kerja.
TANGGUNGJAWAB HUKUM USAHA KLINIK KESEHATAN DI KOTA TARAKAN TERHADAP SEGALA RESIKO USAHA Patrisia Febriani
JURNAL AKTA YUDISIA Vol 6, No 1 (2021): Jurnal Akta Yudisia Volume 6 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i1.2205

Abstract

Abstract This study investigated the legal liability of health clinics in the city of Tarakan for all business risks in terms of the Health Act, the Consumer Protection Act and the Minister of Health’s Regulation on Clinics. As one of many health facilities in Indonesia, clinic is easily accessible by the community. Clinical patients are not only protected by the Health Act but also by the Consumer Protection Act. Clinics as providers of health services are responsible for the actions of health workers to their patients because of the relationship between patients and clinics, which is that the clinic guarantees that every health worker who does his work in the clinic will do his best to heal patients. By basing that the importance of the Informed Concent in medical action, the rights of patients are more respected and protected. The results of the study suggest that clarity of rules and consistency of policies must be increased because they have a huge impact on public trust in the government so that responses to health services will be well coordinated. Doctors / health workers must be more responsible for medical actions that will / have been carried out in the context of fulfilling health services to patients in order to foster an honest and responsible attitude for all health workers who perform health services in the clinic.
EKSISTENSI PERJANJIAN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PERDATA Leonard Parulian
JURNAL AKTA YUDISIA Vol 6, No 1 (2021): Jurnal Akta Yudisia Volume 6 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i1.2206

Abstract

ABSTRACTOne form of the Industrial Revolution 4.0 that we can recognize in everyday life is electronic commerce, namely the use of communication networks and computers to carry out business processes that are agreed upon and carried out by the parties and set forth in electronic agreements/contracts. The electronic agreement/contract is carried out on the basis of trust obtained by providing legal recognition of electronic written form in the form of an electronic signature. If there is a broken promise/default by one of the parties entering into an electronic agreement/contract with electronic document evidence signed with electronic signature as evidence, then it must be known carefully the strength of the evidence of electronic agreement on the electronic document and the method of settling the civil dispute.This study aimed to examine and analyze the strength of the evidence of electronic agreements on authentic deeds and patterns of settlement of civil case disputes submitted by the parties with evidence in the form of electronic agreements. The study used a normative juridical method with legal and conceptual approaches and primary and secondary sources of legal material.From the results of the study it can be concluded that the strength of proof of electronic documents signed with electronic signatures is contrary to the strength of proof of authentic deeds made by or in front of public officials in charge where the deed was made or by the authorized public official. In addition, related to the recognition of electronic documents in the judicial system, there is a void in procedural law because it does not regulate electronic documents as evidence but rather electronic documents in the form of decisions or indictments as appeals for cassation requests and reconsideration.Keywords: Electronic Agreement, Electronic Signature, Authentic Deed, Evidence
BENTUK KETERBUKAAN RAHASIA MEDIS DALAM SITUASI PANDEMI VIRUS COVID 19 DI INDONESIA Afdhal Afdhal; Irvansyah Irvansyah
JURNAL AKTA YUDISIA Vol 6, No 1 (2021): Jurnal Akta Yudisia Volume 6 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i1.1665

Abstract

The right to confidentiality or privacy is something unique between a patient's relationship with a doctor because it is based on trust. This patient-doctor relationship is unique because the patient believes in the doctor's ability and the patient believes the doctor will keep the patient's secret. The influence of the covid 19 outbreak has made people nervous and afraid because the virus is very easy to spread and spreads globally. The community asks to open data related to the secrets of Covid 19 patients, both in the form of names, addresses, symptoms, diagnosis, and interactions that have been made. Patient data which is classified as a basic right to privacy is an important component in breaking the chain of the spread of Covid 19 because the government has implemented large-scale social restrictions in certain areas to maintain social interactions so that the community can avoid exposure to this virus. This needs to be studied in depth regarding the Forms of Disclosure of Medical Secrets in the PANDEMIC Covid 19 Situation in Indonesia.This type of research is normative juridical research or what is known as doctrinal research. Normative juridical research is research that looks at problems through the aims and objectives to be achieved using surgical tools in the form of statutory regulations and regulations in a formal hierarchy of regulations as well as theoretical studies of updated and modern literature.Covid 19 Patient Information is data stored in medical records that can be provided based on patient consent or the law. But in Article 57 paragraph (2) of Health Law, the right to confidentiality is excluded, one of which is for the benefit of society. The doctor's obligation to keep information related to the patient's medical condition is an obligation as described in the Republic of Indonesia Minister of Health Regulation Number 269 / MENKES / PER / III / 2008 concerning Medical Records but in the event of an outbreak or pandemic covid 19, the disclosure of secrets is carried out with the covid procedure, namely by evaluating the interaction of patients who have been in SWAB Positive and carry out self-isolation for COVID 19 patients without symptoms and medical isolation for patients with symptoms. Keyword: Information, Covid 19, Hukum, Privacy
PENEGAKAN HUKUM MELALUI PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA OLEH KEJAKSAAN NEGERI BULUNGAN Syafruddin Syafruddin; Muhamad S. Mae
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4244

Abstract

AbstractThe purpose of the research is to analyze the process of law enforcement in the settlement of criminal cases by the Bulungan District Prosecutor's Office through a restorative justice approach that can provide justice for the litigants. To analyze the effectiveness of the settlement of criminal cases by the Bulungan District Prosecutor's Office through a restorative justice approach. The research method used is a type of normative legal research. The basic argument for establishing this research as normative legal research is that this research is a type of legal research by studying the norms in laws, generally by moving on to (empirical) field studies that look at social reality about how the application of the law itself is in- concreto.The results of the study show that in essence the process of law enforcement in the settlement of criminal cases by the Bulungan District Prosecutor's Office through a restorative justice approach can provide justice for the litigants, namely the perpetrators of the crime, the victims, also the victims' families or other parties who have an interest in the case. The context of justice within the framework of the restorative justice approach is proportionality justice which provides a balance of restoring the interests of the perpetrators of crimes and victims. The perpetrators of crimes will be restored to their rights as before, no longer placed as former perpetrators of crimes, while the victims will receive restitution for the losses they have suffered as a result of the actions of the perpetrators. The settlement of criminal cases by the Bulungan District Prosecutor's Office through a restorative justice approach, based on research results, has been effective, in the context of restoring the rights of perpetrators and victims, which can be seen in terms of the active participation of both parties to find common ground peacefully in resolving criminal cases, so as to enable victims, perpetrators, families and communities to pay attention to losses due to criminal acts.Keywords: Restorative Justice, Criminal Cases, Bulungan District Attorney
BAYI TABUNG (IN VITRO FERTILIZATION) DALAM PANDANGAN FILSAFAT HUKUM ISLAM Rahmat Alghazali Zainur H
JURNAL AKTA YUDISIA Vol 8, No 1 (2023): Akta Yudisia Volume 8 Nomor 1 Tahun 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i1.4222

Abstract

AbstractIt is the dream of every married couple to have children, but not all couples can achieve this dream because of various problems related to fertility, health, disorders, or diseases that affect fertility in both men and women. This situation encourages the development of health technology in the field of reproduction, including artificial insemination, deep fertilization, fertilization in tubes, fetal transfer, and fetal implantation. This technology is a solution for couples who face these problems, and one example is IVF and surrogate mothers who have begun to be applied in various countries including Indonesia. IVF technology has developed in Indonesia and several countries, including countries with a majority Muslim population. The use of IVF actually does not contradict the basic principles of the universe (sunnatullah), but actually proves its truth, namely that humans come from the fertilization process between sperm and female eggs .The research method used is a qualitative method with literature studies. This method is used to analyze relevant information about how IVF is in an Islamic perspective. Researchers collect data / information from various literature sources, such as journals, books, laws and regulations, and Islamic religious books related to this study. Researchers conduct searches through academic databases and digital libraries that provide access to scientific journals and related literature sources. Before using literature, researchers read and evaluate the accuracy and relevance of the information. According to the law, babies that are then produced by the insemination process have two kinds of legal provisions where sperm must be produced by the legal husband of a legal partner and the implantation of tau cells called seeds into the womb of the legal wife as well, not in another womb which is certainly not allowed. If the two provisions on seed and womb mentioned above are incompatible then obviously this really needs to be considered as a form of prohibited provision.Keywords: Fertilizition, Descendants, religious
PANDEMI COVID 19 SEBAGAI ALASAN FORCE MAJEURE DALAM PERSPEKTIF PERJANJIAN Fida Nur Udkila
JURNAL AKTA YUDISIA Vol 6, No 2 (2021): Jurnal Akta Yudisia Volume 6, Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i2.4110

Abstract

World business activities, both national and global, have also received a huge impact due to the outbreak of the Corona 19 Virus Disease (Covid-19). Business activities are affected as an implication of a lockdown or social distancing policy. The issues raised, namely whether force majeure can be applied as a reason for postponement or cancellation of performance in contracts during the Covid 19 pandemic and what if the parties making the contract do not include the disease epidemic to be part of it. force majeure? The research method used is a normative juridical research method using primary and secondary legal materials with a qualitative analysis approach.Based on the results of the research, it can be ignored. Force majeure can be applied as a reason for postponing or cancellation of achievements in contracts during the Covid 19 pandemic. Only applies to debtors who are really in the situation, and not necessarily all debtors. Only try on debtors who have stage disruptions and are really constrained so that they are unable to fulfill their obligations in the agreement. Meanwhile, debtors who have regular and regular stages are not subject to force majeure as an excuse for not fulfilling their obligations. The state of force majeure during the Covid-19 period can only be used as an effort to apply for relief to creditors for not fulfilling their obligations according to the agreement because the debtor is indeed unable to fulfill it.In a contract, it is important to note that force majeure has been determined in the contents of the contract. However, the parties that make the contract do not include the epidemic of the disease outbreak does not help to become part of the coercive circumstances in the agreement, the party who declares it must comply with the law.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA RINGAN DALAM MEWUJUDKAN RESTORATIVE JUSTICE Syafruddin Syafruddin; Noval Forestriawan
JURNAL AKTA YUDISIA Vol 7, No 1 (2022): JURNAL AKTA YUDISIA VOLUME 7 NOMOR 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v7i1.4279

Abstract

AbstractAs time goes by, the types and numbers of criminals are changing and increasing, impacting the facilities and infrastructure owned by law enforcement, namely overpopulation in several correctional institutions in Indonesia. Criminal law policies must also be adjusted based on the purpose of the punishment itself. Restorative Justice is one of the alternatives to achieving this goal, especially for perpetrators of minor crimes. The normative type is used in this research by prioritizing laws and regulations as the norm for assessment and leading to prescriptive. As for the results of this research, first: the existence of Restorative Justice in Indonesia has been running, mainly applied to some instances, such as Handling Children in Conflict with the Law, Narcotics Abusers and Minor Crimes. This emphasis is based on several regulations issued by each law enforcement agency. Second, the existence of Restorative Justice in the community is not fully understood well because several cases in this study indicate that there is still an understanding of the Restorative Justice model at the adjudication stage; these cases should be resolved at the investigation and prosecution stages. It is impressive that law enforcement officials still have not promoted Restorative Justice in some instances (minor crimes). As the best way to resolve cases at hand, as well as the community, this impacts the successful implementation of law enforcement oriented toward Restorative Justice. Keywords: Law Enforcement, Minor Crimes, Restorative Justice
PENGATURAN PEMUTUSAN HUBUNGAN KERJA (PHK) KAITANNYA DENGAN IKLIM INVESTASI DI INDONESIA Anggun Kirana; Annisaul Maslamah; Devi Riyani; Lidia Fathaniyah; Istiqomah Putri W
JURNAL AKTA YUDISIA Vol 8, No 1 (2023): Akta Yudisia Volume 8 Nomor 1 Tahun 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i1.4223

Abstract

AbstractThis research will examine whether rigid termination of employment arrangements affect the investment climate in Indonesia. This research is a normative legal research using a statutory approach. The primary legal materials used are Law Number 6 of 2023 and secondary legal materials, namely books, journals, and the results of other people's research related to the problem. the results of the study found that the regulation of layoffs Number 6 of 2023 cannot be viewed partially from one side only. From the entrepreneur's point of view, the most flexible layoff arrangements can encourage employers' activities to continue to adapt to the market. However, from the workers' point of view, with the flexibility of layoff arrangements, this actually poses a threat of unilateral layoffs, which is not impossible to cause new problems for the country, such as increasing unemployment and poverty. Keywords: Pemutusan Hubungan Kerja, Iklim Investasi, UU Cipta Kerja
TANGGUNG JAWAB PERUSAHAAN PUBLIK DALAM TRANSAKSI/YANG MENGADUNG BENTURAN KEPENTINGAN Novanlie Holung
JURNAL AKTA YUDISIA Vol 6, No 2 (2021): Jurnal Akta Yudisia Volume 6, Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v6i2.4111

Abstract

The public company including the issuer that conducting conflict of interest transaction are generally harmful towards independent stock holder, because the transaction very susceptible if it linked to the personal economic interest of the Director, Commissioner and also the major shareholder. The public company including issuer are not prohibited from conducting all the transaction as long as they following the rules that have been implemented by the regulator which is state in OJK Regulation No. 42 of 2020 about conflict of interest transactions, the most important thing they should do is to obtain approval from the independent shareholders at the RUPS. Therefore, the problem which is surfaces is namely the position as well the legal protection of the independent shareholder.This research will be use Yuridis Normative research method, where the writer will be conducting a review towards library materials as well the secondary material to find a legal rules, legal principles and legal doctrines in order to answer the legal issues with a statutory and conceptual. The public companies openly state that they will conduct transaction that contain a conflict of interest, allowing independent shareholders to make decision through the RUPS LB. Generally, the process of conflict of interest transaction initially begins with the disclosure of information to the public or public investors and also the OJK, and then the progress continue with decision making around RUPS LB, the final decision of the independent share holder towards the transaction that contain a conflict of interest finally executed of conflict of interest based transactions around RUPS LB. Based on OJK regulation No. 21/POJK.04 / 2015 and OJK Circular No. 32/SEOJK.04/2015 requires public companies to implement corporate governance guidelines from publicly listed companies issued by the OJK to encourage the implementation of good governance practice in accordance with international practices that are exemplary.With this, it can hope can protect the independent shareholders in transactions that contain conflict of intrest that can be detrimental. The existence of approval is an important aspect in the principles of proportionality, with it proves that a transaction that contains a conflict of intrest is a fair transaction and is supported by the delivery of relevant information to all shareholders.

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