Jurnal Hukum Sasana
Jurnal Hukum Sasana adalah sebuah publikasi ilmiah yang dikelola oleh Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Bhayangkara Jakarta Raya. Jurnal ini memuat tulisan-tulisan hasil riset, analisa yuridis terhadap sebuah produk perundang-undangan atau kasus hukum, dan studi literatur di bidang hukum. Topik yang paling dominan diperbincangkan dalam jurnal ini adalah isu sektor hukum dan keamanan, negara hukum, demokrasi, reformasi hukum, keadilan sosial, pemerintahan yang baik (good governance), dst.
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<![CDATA[Rekonstruksi Pasal 66 Ayat (3) Undang-Undang No. 29 Tahun 2004 Tentang Undang-Undang Praktik Kedokteran Terkait Tata Cara Pengaduan Tindakan Malapraktik Dokter di Indonesia ]]>
<![CDATA[Baby Ivonne Susan Kainde]]>;
<![CDATA[Ika Dewi Sartika Saimima]]>;
<![CDATA[Yurnal]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v7i2.1238
<![CDATA[The confusion in how to report doctors' malpractice actions regulated by Article 66 of the Medical Practice Law is triggered by paragraph 3 of Article 66 of the Medical Practice Law (UUPK). This paragraph provides an opening for the multi-interpretation way to report suspicions of doctor's malpractice. Even though it is clear that in paragraph 1 article 66 (UUPK) that a violation of the interest of the right is a civil violation and it does not necessarily mean that there is an element of crime and the Honorary Council of Indonesian Medical Discipline (MKDKI) is appointed as the first line of reporting. MKDKI will judge the case as deliberate and serious negligence (Criminal element) or a Medical Risk. But the facts in the mandate of the law are not implemented because many cases of doctor malpractice are immediately brought to the legal channels (police and courts) and this happens because they are accommodated in paragraph 3 of article 66 of the UUPK. Conflict between legal norms of this research is in paragraphs 1 and 3 of article 66 of the UUPK. Multiple interpretations of reporting methods for the medical profession suspected of committing malpractice The medical profession is very vulnerable to multiple charges and there is no legal protection for doctors. Therefore this paper is to see how the correct procedure for complaints of doctor malpractice cases according to the Law on Medical Practice. The research method is juridical normative, namely research conducted by examining primary, secondary and tertiary legal materials. The alternative solution offered in this research is in the form of reconstruction (rearranging) paragraph 3 of article 66 of the Medical Practice Law.]]>
<![CDATA[Polemik Pencatatan Anak Dari Nikah Siri ]]>
<![CDATA[Agus Manurung]]>;
<![CDATA[Lusia Sulastri]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v7i2.1240
<![CDATA[The current unregistered married couple can have a new KK provided that the data for the Statement of Absolute Responsibility (SPTJM) form refers to Permendagri No. 9/2016 concerning the Acceleration of Increasing the Coverage of Birth Certificate Ownership. The SPTJM document itself consists of two things. First, the SPTJM of the Truth of Birth Data made by biological parents/guardians/applicants with full responsibility for the correctness of a person's birth data with the knowledge of two witnesses. Second, the SPTJM Truth as a Married Couple made by the biological parents/guardians/applicants with full responsibility for the status of a person's marital relationship with the knowledge of two witnesses. The registration of children from unregistered marriages through a Statement of Absolute Responsibility (SPTJM) refers to Permendagri No. 9/2016 concerning the Acceleration of Increasing the Coverage of Birth Certificate Ownership still causes legal problems, non-fulfillment of marriage certificates/marriage certificate quotations and family relationship status in KK that do not show marital relationship status as husband and wife, then the data recorded in the child's birth certificate quote is only only his mother's name. Not at the same time include the name of the father as in a legal marriage. So that the child still needs to prove who the father is if needed in the future. Apart from that, there will be many obstacles in the effort to prove because the existence of a new KK through the SPTJM document has weak evidentiary power because it is limited to one-sided acknowledgment of the signatories. As well as other obstacles deliberately caused by the litigants. The position of Siri's own wife is very vulnerable to legal protection as well. In the absence of legal status as a legal wife, there has not been a reciprocal legal relationship of rights and obligations as a married couple. The fulfillment of the rights and obligations of each cannot use the basis of the demands for fulfillment of the law but is only limited to the stages of good faith by each party.]]>
<![CDATA[Akibat Hukum Penetapan Hak Waris Dan Hak Asuh Anak Oleh Hakim Pengadilan Negeri: Studi Putusan Nomor 282/Pdt.G/2014/Pn.Tng ]]>
<![CDATA[Heru Siswanto]]>;
<![CDATA[Elfirda Ade Putri]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v7i2.1241
<![CDATA[Divorce causes various problems, one of which is the issue of determining child custody. In terms of determining child custody there are no definite rules regarding where the child will be anchored after the divorce, because Law No. 1 of 1974 concerning Marriage and Law No. 35 of 2014 concerning Child Protection do not regulate to whom the child is. Later, they will be cared for by both the father and mother. In child custody cases, the panel of judges usually refers to Jurisprudence and the Compilation of Islamic Law, but in one case there is something unique in the judge's decision which is more directed towards customary law so that it overrides these two things which are usually a reference in determining child custody. . So this is very important considering that in a problem the determination of child custody does not end after a court decision but how the parents who get the determination of child custody can fulfill especially the problem of fulfilling the rights and obligations of the child itself. Because it can be seen that children are victims of a divorce.]]>
<![CDATA[Membangun Hubungan Komisi Yudisial Dengan Mahkamah Agung Yang Ideal ]]>
<![CDATA[Juanda]]>;
<![CDATA[Ogiandhafiz Juanda]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v7i2.1244
<![CDATA[The phenomenon of the relationship between the Judicial Commission (KY) and the Supreme Court (MA) has had its ups and downs, and there are still many misinterpretations, as well as no common paradigm. As a result, if left unchecked, it could have a wide-ranging impact on law enforcement and justice in Indonesia's justice system. There are many aspects that need to be developed namely by establishing common paradigm and evaluating each party’s duties and authorities in order to achieve a harmonious relationship and strong synergy. Based on the problematic relationship between the two state institutions, the author is interested in studying and discussing "Building an Ideal Relationship between the Judicial Commission and the Supreme Court”. In order to examine and discuss the issue more fundamentally, the writer formulates the problem as follows: "How is the effort to build an ideal relationship between the judicial commission and the Supreme Court?” The method used is in accordance with the type of research, which is normative juridical and involves the use of both primary and secondary legal materials. While the analysis that was used is a qualitative juridical analysis. The conclusion is that the paradigm of the relationship that must be built between the judicial commission and the Supreme Court is the paradigm of equality, systematic, professionalism and proportionality. Efforts that can be made are to strengthen communication, coordination, and review and evaluate various obstacles and weaknesses regarding the position, function, and authority between the two state institutions by involving experts or neutral national figures. Revising from the aspect of the legislation is included.]]>
<![CDATA[Anak Berhadapan Hukum Ditinjau Dari Aspek Psikologi Hukum ]]>
<![CDATA[Widya Romasindah Aidy]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v7i2.1247
<![CDATA[Children as a mandate as well as the gift of God Almighty, we must always guard because in him the inherent dignity, dignity and rights as human beings must be upheld and basically, the occurrence of juvenile delinquency shows that there is an indiscipline of adolescents to the rules and norms that apply, both the family, school, community and self-norms as individuals, and the planting of these norms must certainly be given to adolescent individuals so that they have a good understanding of these norms. The purpose of this study is expected to be able to understand children who are dealing with the law in terms of legal psychology. The method used in this study is a normative juridical research method and analyzed data qualitatively by means of literature study, namely studying, understanding, identifying and recording literature, legislation and data relating to research problems so that it can be concluded that in dealing with children facing the law there is a need for a psychological approach in the law that refers to the application of specific legal psychology in the law in analyzing the causes of violations committed by children and the cause of lawbreakers who are still children or juvenile offenders.]]>
<![CDATA[Rekayasa Sosial Sistem Integritas Penyelenggara Pemilu ]]>
<![CDATA[Ida Budhiati]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1249
<![CDATA[This article elaborates the dynamics of paradigm-shift in election law through the lense of Roscoe Pound's concept of “law as a tool of social engineering”. This article argues that that the nature of election should not be reduced to its formal duties, but instead expanding its role as a means to promote credibility and integrity of Indonesian democracy. For such role, this article analyzed the transformation of Indonesian election system as part of social engineering in ensuring the integrity of process and result of the election, as well as the integrity of the election holders. The most notable feature of this transformation is the establishment of Election Holder Board of Ethics (DKPP) as regulated in Election Holder Law 15/2011 and maintained in Election Law 7/2017. This special feature of Indonesia’s election holder ethical court system will be highlighted and discussed within the article.]]>
<![CDATA[Penyelesaian Ganti Kerugian Dalam Perkara Pidana Berdasarkan Penetapan Praperadilan: Studi Di Pengadilan Negeri Jakarta Selatan ]]>
<![CDATA[Rahman Amin]]>;
<![CDATA[Iren Manalu]]>;
<![CDATA[Winda Apricilya Van Hemert]]>;
<![CDATA[Muh Fikri Al Aziz]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1250
<![CDATA[The Indonesian state of law means that everything in the administration of government, including the law enforcement process, is carried out in accordance with applicable legal provisions and for acts of arrest, detention, prosecution and trial of a person who is not based on law, wrongfully against a person, or in the application of the law, that person is entitled to obtain compensation to provide justice. This research is a normative juridical law research, with a statutory approach, where legal material is obtained through literature study. The results of the study indicate that the settlement of compensation based on a pretrial determination cannot be carried out by the Ministry of Finance because there is no Minister of Finance Regulation as a provision for the implementation of compensation payments. The inhibiting factors for the settlement of compensation are the legal substance factor, namely the Decree of the Minister of Finance regarding compensation that is not relevant to the current situation but has not been changed, the factor of differences in perception about the party responsible for the settlement of compensation, and the unavailability of a budget specifically allocated for the settlement of compensation.]]>
<![CDATA[Tinjauan Hukum Penerapan Konsep Quadruple Helix Dalam Memberdayakan Masyarakat Pelaku Usaha UMKM Yang Tergabung Dalam Koperasi ]]>
<![CDATA[M. Hendra Razak]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1251
<![CDATA[Indonesia as one of the countries that has the potential for rapid economic growth and continues to develop in Southeast Asia and the world, of course has a national economic development plan that is sustainable and in accordance with the current state philosophy. Quadruple Helix is a collaboration of four sectors at once, namely governance, business, academia (knowledge source institutions), and civil society.]]>
<![CDATA[Prinsip Integration of Economic Development and Environmental Protection Sebagai Bagian Dari Hak Asasi Manusia ]]>
<![CDATA[Clara Ignatia Tobing]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1253
<![CDATA[In maintaining their survival, humans need the resources provided by nature. However, as the human population grows, the use of resources increases as well. There is one thing that is then forgotten by humans, that all human activities have an impact on the environment, directly or indirectly. Often humans, as resource users and never think about the impact of resource use and environmental exploitation, are increasingly excessive. Meanwhile, in the era of globalization, economic development and industrialization are often more important issues for developing countries. One of the principles in international law that can overcome problems between development, the environment and human rights is the principle of integration of environmental protection and economic development. This principle is one of the elements of sustainable development. This research then uses normative juridical legal research, namely legal research conducted using data and information as contained in the literature. The results of the study show the era link between the principles of integration of environmental protection and economic development with human rights.]]>
<![CDATA[Patent Protection for The National Interest ]]>
<![CDATA[Nanda Dwi Rizkia]]>;
<![CDATA[Hardi Fardiansyah]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i1.1254
<![CDATA[This research will analyze Patent Protection for the Interest of Indonesia. The approach used is normative law, to find the rule of law, legal principles, and legal doctrines in answering the legal issues at hand. This research will analyze the development of Intellectual Property Rights in essence is the development of Human Resources (HR), because IPR related to products and processes related to the IPR system is expected to develop HR, especially the creation of innovative, inventive culture. The role of intellectual property protection systems in relation to the protection of traditional knowledge, regarding how to preserve, protect and be fair in its use. Patent Protection is a matter of shared ownership of traditional knowledge.]]>
