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INDONESIA
Sapientia Et Virtus
Published by Universitas Katolik Darma Cendika
ISSN : 2355343X     EISSN : 27162273     DOI : 10.37477
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Tujuan jurnal ini adalah menyediakan tempat bagi akademisi, peneliti dan praktisi untuk menerbitkan artikel penelitian asli atau artikel ulasan. Ruang lingkup artikel yang diterbitkan dalam jurnal ini membahas berbagai topik, termasuk berbagai pendekatan untuk studi hukum seperti perbandingan hukum, hukum dan ekonomi, sosiologi hukum, dan antropologi hukum. Artikel juga dapat membahas bidang hukum yang spesifik, misalnya: hukum pidana, hukum perdata, hukum komersial dan bisnis, hukum internasional, hukum konstitusional, hukum administrasi, hukum adat, dan hukum sumber daya alam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 126 Documents
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Hak Pengemudi Bus Perusahaan Angkutan Jalan Perum Damri Surabaya Terkait Jam Kerja Doel Susanto
SAPIENTIA ET VIRTUS Vol 3 No 1 (2018): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i1.177

Abstract

The working time of the bus driver as implied by Article 90 paragraph (4) of Law Number 22 of 2009 on Road Traffic and Transportation, is not in sync with Law Number 13 of 2003 concerning Labor because based on the principle of lex specialis derogat legi generali, the status of Perum Damri Surabaya as a type of work engaged in certain business sectors or occupations and the type and nature of work carried out continuously. This affects the wages earned by bus drivers in the form of basic wages and overtime pay. The government has not specifically regulated the provisions of overtime drivers' wages, so that by Law Number 13 of 2003 concerning Manpower and Article 12 of the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number KEP. 102 / MEN / VI / 2004 concerning Overtime and Overtime Working Time shall be submitted to Perum Damri Surabaya to regulate overtime pay. This has potential violations in the payment of overtime wages, so a regulation that specifically regulates the bus driver's overtime wages.
Kewenangan Ombudsman Dalam Penyelesaian Pengaduan Pelayanan Publik Eufemia Lawati Salabbaet
SAPIENTIA ET VIRTUS Vol 3 No 1 (2018): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i1.178

Abstract

To prevent maladministration a special institution has been formed to handle maladministration in public services, namely the Ombudsman. The Ombudsman is authorized to process complaints from the public, including adjudication. The authority of the Ombudsman through the adjudication channel becomes a contradiction because the adjudication decision is not final and does not bind the parties, because the adjudication decision has only value as a recommendation. Based on the duties and authorities given to the Ombudsman, the process of resolving complaints of public services by the Ombudsman is the settlement of maladministration reported by the public and settlement of maladministration on its own initiative. The adjudication decision by the Ombudsman also does not provide legal certainty for the parties. Article 1 paragraph (11) of Law No. 25 of 2009 concerning Public Services needs to be changed by placing the adjudication process as the initial litigation process. Then it is necessary to change in Article 1 paragraph (7) of Law No. 37 of 2008 concerning the Ombudsman that the recommendation became one of the points in the dictum of the court's ruling.
Intervensi Pemerintah Dalam Perjanjian Jual Beli Tanah Dan/Atau Bangunan Melalui PP No 34 Tahun 2016 Ayu Dwi Novitasari
SAPIENTIA ET VIRTUS Vol 3 No 1 (2018): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i1.179

Abstract

Tax is the largest income for the state, but through Government Regulation no. 34 Year 2016 by lowering the tax for the seller does not necessarily relieve the taxation charge on the sector of sale and purchase of land and / or building, the sale and purchase of land and / or building is an agreement between the parties to buy immovable property (land and / or building ). As a form of freedom of contract can the government restrict and intervene the agreement through its legal products. For that reason, the research is conducted with normative juridical because it aims to know the limits of government to intervene on the sale and purchase agreement of land and/or building through Government Regulation 34 of 2016 which is inconsistent with BPHTB Law and knows the limits of freedom of contract in the land and / or building purchase agreement on Government Regulation no. 34 Year 2016. Because as a form of implementation of the principle of self assessment then the Government serves as a counterweight of freedom of contract if there is a market failure to avoid natural monopoly.
Perlindungan Hukum Kreditor Pemegang Hak Tanggungan Terhadap Obyek Hak Tanggungan Yang Diletakkan Sita Jaminan (Analisis Putusan Pengadilan Negeri Jakarta Timur Nomor 321/PDT.G/2012/PN.JAKTIM Dan Nomor 211/PDT.G/2014/PN.JAK.TIM) Antonius Bernardus Hadisantoso
SAPIENTIA ET VIRTUS Vol 3 No 2 (2018): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i2.180

Abstract

The purpose of this study was to find out and analyze the legal protection of holders of liability rights to the placement of collateral seizures on objects of mortgages and legal remedies for holders of mortgage rights in the presence of collateral seizures on objects of mortgage rights. From the results of the study it is known: First, the UUHT has provided forms of legal protection for holders of mortgage rights, among others, giving a priority or prioritizing position (droit de preference); always follow objects that are guaranteed in the hands of whoever the object is (droit de suite); fulfill the principle of speciality and publicity so that it can bind third parties and provide legal certainty to interested parties; as well as easy and sure execution. So that it should be if the object of the dispute that has been burdened with mortgages should not be placed confiscated in order to ensure legal certainty in the implementation of the parate execution. Secondly, the Mortgage Rights Holder whose interests are harmed by the decision/determination of seizure guarantee can make a third party resistance (derdenverzet). The interests of creditor holders of mortgage rights are clearly disadvantaged due to the placement of seizure guarantees on the object of mortgage rights, because the holders of mortgage rights cannot carry out executions in the presence of seizure guarantees.
Perjanjian Waralaba Dalam Kegiatan Jenis Usaha Ritel Eko Budi Santosa
SAPIENTIA ET VIRTUS Vol 3 No 2 (2018): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i2.181

Abstract

Currently private business sector growing rapidly and having a role as a support to the government in developing economy and open employment for the community, one of the business that developed today is a franchise. The operation of Franchise is agreed in the Franchise Agreement. That Franchise Agreement including Franchise Agreement in the field of retail business is made in the form of a standard Agreement which generally contains an exoneration clause in order to protect the interests of certain party. The standard agreement tends to be considered as one-sided agreement, unbalanced, and unfair to the Franchisee. Agreement facing two unbalanced forces, between parties who have a strong bargaining position with the weaker party bargaining position. Based on the above description of the background, then the formulation of the problem in this thesis research is that to emphasize on the form of the standard clause in the Franchise Agreement for the type of retail business and legal protection for the Franchisee related to financial management’s risk for business operations in Franchise Agreement type of retail business.
Kepastian Hukum Mengenai Jangka Waktu Sebagai Tersangka Dalam Proses Penyidikan Di Indonesia Juan Ivander Christian
SAPIENTIA ET VIRTUS Vol 3 No 2 (2018): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i2.182

Abstract

The Indonesian state is the rule of law as stipulated in the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesian. The system of government and law enforcement must be carried out based on laws and regulations, Law number 8 of 1981 concerning the book criminal procedural law (KUHAP) as a guideline for the enforcement of material law. The suspect has a set of rights stipulated in the Criminal Procedure Code, based on the provisions of Article 50 paragraph (1) of the Criminal Procedure Code that the suspect has the right to immediately get an examination by the investigator and can then be submitted to the public prosecutor. KUHAP as a guideline for material law enforcement does not regulate the period of investigation and does not regulate legal protection that can be given to suspects whose cases are not delegated in the prosecution process and are not given a warrant for termination of investigation so as not to provide legal certainty. In several respects, the Law on Human Rights Courts and Regulation of the Head of the National Police of the Republic of Indonesian number 12 of 2009 concerning the supervision and control of handling criminal cases within the Indonesian police has regulated the period of investigation. The Human Rights Court Law cannot be applied in all criminal acts in Indonesian but only specifically can be applied in gross human rights violations, while the head of the Indonesian republic's police regulations do not clearly stipulate how long the extension can be carried out and the regulations above apply only in space scope of the police, while Officials of Civil Servants are also included in the investigator. And these regulations are not included in the hierarchy of laws and regulations in Indonesian.
Kekerasan Fisik Yang Dilakukan Oleh Residivis Terhadap Anak Ditinjau Dari Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak Cindy Febriana Pualam
SAPIENTIA ET VIRTUS Vol 3 No 2 (2018): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i2.183

Abstract

Children, as apart of the young generation, are one of the potential human resources and the successor of the nation’s goals who hold strategic roles. Children’s teenager’s protection is an act or an effort consciously made by some parties for the security and welfare, and the fulfiiment of rights thant should be received and owned by the child, even before they were born. It is protected by the law. Children’s right and obligation has become the things that must be fullfilled and worth fighting for. There is a sentence in the Child Protection Law, in which consideration, that states every child has the right to live, grow, and thrive, and they have the right for protection from violence and discrimination as mandated in the Indonesian Constitution Year 1945. In relation to the constitution, special protection towards a child as a victim of violence is regulated in Article 68 Child Protection Law. Meanwhile, the restriction of violence towards children is regulated on Article 76C Child Protection Law. Next, recidivist is the repetition of similar criminal action by the same perpetrator who has been convicted in a certain period of time. It is regulated in Article 486,487 and 488, Criminal Code where there is a heavier criminal punishment for the crime included in the articles.
Tanggung Gugat Dokter Atas Kelalaiannya Dalam Menyampaikan Informed Conset Dan Hasil Operasi Yang Tidak Sesuai Dengan Keinginan Pasien Bezaleel Nugara Santoso
SAPIENTIA ET VIRTUS Vol 3 No 2 (2018): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v3i2.184

Abstract

The society is not only an object of healt enforcement, but also a subject. Therefore, the enforcement of health services is a joint responsibility of the health care providers and the health care recipients. In the application of the profession, a doctor cannot be separated from the health law. However, it is important to acknowledge that a doctor is a common human being who can also make mistakes or commit malpractice in doing his job. A doctor can be hold responsible on the criminal law, civil law, and administrative law. In civil law, a doctor can be hold responsible based on a law violating act and breach of contract. Breach of contract happens when one of the party does not perform what is promised, perform what is promised later than it is supposed to be, perform what is promised below the expectation promised. Meanwhile, an action is considered violating the law when it fulfills the four criteria such as the existence of an action againt the law, there must be a mistake, there must be a loss/damage caused by the action, and there must be a causal relation between the action and the loss/damage. A law violating act does not only mean violating the regulations, but also failing to do the law obligation of the perpetrator, violating other people’s subjective rights, violating the ethics, and violating decency, accuracy and circumspection.
Pertanggungjawaban Rumah Sakit J.K. Atas Kelalaian Dalam Pelayanan Kesehatan Terhadap Pasien Ditinjau Dari Undang-Undang Nomor 44 Tahun 2009 Tentang Rumah Sakit Kurniawan Sinambung Agung
SAPIENTIA ET VIRTUS Vol 4 No 1 (2019): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i1.185

Abstract

The health law is all regulations directly related to health care and the application on civil law, administrative law, or criminal law. In order to achieve successful health development, it is important to achieve harmony between the interests of the patient and the interests of the medical staffs. Furthermore, hospitals as the health administrator must also fulfil their tasks and functions to achieve high quality health care or duty of care, giving a good and reasonable service. The patient’s rights are regulated in Article 32 Law Number 44 Year 2009 on Hospitals. Should there be patients harmed due to negligence of the medical staff, the hospital will be held responsible. The image that hospitals are above the law is no longer valid. Hospitals’ accountability in Indonesia is regulated in Article 46 Law Number 44 Year 2009 on Hospitals. In order to decide the accountability of a hospital, it is necessary to see the therapeutic relation between the hospital-patient or doctor-patient.
Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Berdasarkan Undang-Undang Nomor 2 Tahun 2014 Hasan Firdaus
SAPIENTIA ET VIRTUS Vol 4 No 1 (2019): March
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i1.186

Abstract

One of the obligations of the notary is to provide legal services in terms of making deeds for free or without charging fees to the public who are not able to expressly regulate both the notary office law and the Notary Code of Ethics. This confirms that the notary is obliged to prioritize the service of the interests of the people and the State in carrying out their authority also required in accordance with the mandate of notary office law and the code of ethics, for example for poor people, notaries freeing honorarium in making deeds or other legal services regarding deeds, as mandated by Article 37 notary office law. The formulation of the problem in this normative juridical study is 1) Can the refusal to provide free legal services by a notary be justified? 2) What is the legal protection for people who cannot afford to get free legal services by a notary? The results obtained from this study are that: 1) Notary is not justified in rejecting the request of a client who is unable to request Notary legal services in the field of notary free of charge without collecting an honorarium, because of the provision of legal services in the field of notary free to people the incapable is a Notary's obligation that must be carried out as stipulated in Article 37 paragraph (1) of the notary office law. Rejection of clients who request legal services is a violation of Notary as stipulated in Article 37 paragraph (2) of notary office law. 2) Forms of legal protection from inadequate people who do not receive legal services from a notary for free are: a. The notary concerned is subject to administrative sanctions concerned. Administrative sanctions can be in the form of a temporary termination, or a respectful dismissal, or an award with disrespect according to the level and severity of the violation. The imposition of administrative sanctions on this Notary with the aim of having a deterrent effect both to the Notary concerned and to other Notaries. b. The incapable person can request legal services for notary matters to other Notaries.

Page 7 of 13 | Total Record : 126

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