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Iuris Studia: Jurnal Kajian Hukum
Published by Bunda Media Grup
ISSN : 27458369     EISSN : 27458369     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Iuris Studia: Jurnal Kajian Hukum published three times a year in February, June and October E-ISSN: 2745-8369
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 2, No 1 (2021): Februari - Mei" : 12 Documents clear
Pertanggungjawaban Pidana Rumah Sakit Terhadap Malpraktek Medik Di Rumah Sakit Robert Valentino Tarigan; mahmud mulyadi; M Ekaputra; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.91

Abstract

Hospital in implementing health services is not always the medical service provided by health workers in the hospital, it can provide the results expected by all parties. Not a few hospitals due to the negligence of their doctors in providing health services made the mistake of committing medical malpractice. Article 46 of Law Number 44 Year 2009 states that "the hospital is legally responsible for all losses caused by negligence committed by health workers in the hospital". Articles 190 and 201 of Law Number 36 of 2009 concerning Health regulate the provision of criminal responsibility not only to doctors but also to hospitals, which legally are doctors and the facilities and services are provided by the hospital. The problems that will be discussed in this research are: 1. How is the doctrine of corporate criminal responsibility regulated in the laws and regulations in Indonesia? 2. What is the role and position of the hospital which is categorized as a corporation? 3. How is the criminal responsibility of the hospital for medical malpractice in the hospital? Based on the results of research and discussion that the doctrine of corporate criminal responsibility which is regulated in the laws and regulations in Indonesia, especially in the Law on stockpiling of goods adheres to the doctrine of Direct Liability and Vicarious Liability, UU Number 44 of 2009 concerning Hospitals adheres to the doctrine of the corporate culture model of doctrine, while Law Number 36 of 2009 adheres to the doctrine of delegation. Perma Number 13 of 2016 adopts the corporate culture model theory. The role of hospitals that are categorized as corporations is based on the hospital definition that hospitals are health service institutions based on the provisions of Article 7 of Law Number 44 of 2009 concerning hospitals must be a legal entity. This legal entity is a corporation when viewed in a broad sense such as the existence of PT, CV, Foundation and other forms of legal entities. Hospital criminal liability for medical malpractice in the hospital If viewed from the point of view of the hospital, the hospital's responsibility itself includes three things, namely: responsibilities relating to personnel, responsibilities relating to facilities and equipment, responsibilities relating to the duty of care. provide good care). Corporations or hospital legal entities can also be prosecuted as the perpetrator of a criminal act based on the provisions of Article 80 paragraph (2) and Law Number 29 of 2004 concerning Medical Practice as well as Article 190 Jo. Article 201 of Law Number 36 Year 2009 concerning Health
Tnjauan Yuridis Tentang Peran Dan Kedudukan Komisi Aparatur Sipil Negara Ditinjau Dari Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Muklis Muklis
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.74

Abstract

The issuance of Law no. 5 of 2014 concerning the State Civil Apparatus (ASN) almost four years ago became a new episode in managing the government bureaucracy. As a product of public policy, the ASN Law was born due to the encouragement of a policy environment in the form of the still low performance of the bureaucratic apparatus and the high politicization of the bureaucracy so that the public's demands on him were increasing. For more than five decades since independence in 1945, its existence and work were like the small spare parts of a giant state machine whose direction of development was highly dependent on the political rulers at that time. Reflecting on the above statement, the State Civil Apparatus Commission was formed, hereinafter referred to as KASN, which in general has the task of supervising ASN employees. In the ASN Law, KASN is a non-structural institution that is independent and free from political intervention to create professional and performing ASN employees, provide fair and neutral services, and become the glue and unifier of the nation. This writing uses normative juridical legal research methods (normative research). The nature of this research is descriptive, which aims to provide an overview of the role of the State Civil Service Commission. Sources of research data are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data collection method was carried out using document study techniques, which were analyzed using qualitative analysis techniques. Related to the function of KASN, it is contained in Article 30 of Law No.5 of 2014 that "KASN has the function of supervising the implementation of basic norms, code of ethics and code of conduct of ASN, as well as the implementation of the Merit System in ASN policies and Management in Government Agencies". KASN is tasked with maintaining the neutrality of ASN employees, supervising the ASN professional development and, reporting the supervision and evaluation of the implementation of ASN Management policies to the President. The State Civil Apparatus Commission can recommend the president to impose sanctions on civil service officials and officials who violate the principles according to the provisions of the law. The forms of sanctions referred to above lie in Article 33 paragraph (2), namely Warning, Warning, Correction, revocation, cancellation, issuance of decisions, and / or refunds, Disciplinary penalties for Competent Officers in accordance with the provisions of laws and regulations, Sanctions for Civil Service Officer, in accordance with the provisions of laws and regulations
Pertanggungjawaban Pidana Terhadap Pelaku Pemerasan Dan Atau Pengancaman Menurut Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Dan Kuh Pidana (Studi: Putusan Nomor 7/Pid.Sus/2017/Pn.Snb) Libert Hamonangan Habeahan; Alvi Syahrin; M Hamdan; M Eka Putra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.82

Abstract

The number of cases of extortion and / or threats using information technology means that the author is interested in conducting research with the title "Criminal Liability Against Extortion and Or Threats Perpetrators According to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Information. Electronic Transactions and the Criminal Code ”(Study: Decision Number 7 / Pid.Sus / 2017 / Pn.Snb) The formulation of the problem in this research is (1) How is the criminal act of extortion and / or threats according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Criminal Code, (2) How is criminal responsibility for extortion and / or threats through electronic media according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information And Electronic Transactions and the Criminal Code. (3) What are the judges' legal considerations in Decision Number 7 / Pid.Sus / 2017 / PN.Snb? This research is normative and descriptive analysis. The legal theory used in this research is the Criminal Liability Theory. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. The formulation of the provisions of Article 27 paragraph (4) which combines the criminal act of extortion and / or threats in one provision, whereas in the Criminal Code the criminal act of extortion is regulated in Article 368 while threatening is regulated in Article 369 of the Criminal Code. Extortion is a common crime. Extortion is how to do it by using violence or threats of violence. Threatening is an absolute complaint. Criminal responsibility for extortion and / or threats through electronic media according to the ITE Law and the Criminal Code because someone has committed a criminal act. Criminal liability is essentially a mechanism established by the Criminal Code to react to violations of certain acts. Judges' legal considerations in the Court Decision 7 / Pid.Sus / 2017 / PN.Snb, that based on the facts at the trial, and the testimony of witnesses, the defendant has been legally and convincingly proven to have committed the crime of extortion and threats of violating Article 27 paragraph 4 UU ITE UU ITE Jo Article 45 paragraph (4) In the trial, the Panel of Judges did not find anything that could eliminate criminal responsibility, either as a justification and / or excuse, so the Defendant had to be accountable for his actions. The defendant is able to be responsible, so he must be found guilty and sentenced to punishment.
Pengaruh Globalisasi Terhadap Nilai Nasionalisme Generasi Muda Efendi Agus; Zulfahmi Zulfahmi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.75

Abstract

At this time, how easy it is for people to communicate over long distances, not only between cities but between countries which are very far away. Even now, communication tools are growing rapidly and modern. In the past, communication was carried out by writing letters and took a long time, but now communication tools are increasingly sophisticated, namely by using the telephone. That is a picture of life today, a life that is all global in various aspects or dimensions of human life. This is what is called globalization (globalization). This writing uses normative juridical legal research methods (normative research). The nature of this research is descriptive, which aims to provide an overview of the influence of globalization on the value of the young generation's nationalism. Sources of research data are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data collection method was carried out using document study techniques, which were analyzed using qualitative analysis techniques. In this modern era, globalization is very influential and even becomes a necessity to achieve a goal whether it is positive or negative and how to access it is also very easy to use existing facilities such as Android and so on. Globalization has had a huge impact on the dimensions of human life, because globalization is a process of internationalization of all the links of modern society. So that there are various impacts, especially on the social aspects, the positive impact of advances in communication and information technology makes it easier for humans to interact with other humans. While the negative impact, the number of values and culture of society that have changed by imitating or applying selectively
Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dalam Bentuk Penyuapan (Studi Putusan No 12/Pid.Sus Tpk/2018/Pn Medan) Saur Sihaloho; Madiasa Ablisar; Mahmud Mulyadi; M. Eka Putra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.88

Abstract

Corruption can take place anywhere, in state institutions, in private institutions, and also in daily life. Combating corruption requires treatment and prevention in an integrated manner with the proper functioning of the legal system of the law and legal institutions in the criminal justice system. Types of research conducted in this research is normative juridical and the nature of this research is descriptive analysis. The data collection techniques used in this research is through library research. Based on the results of this research criminal liability against corruption is the liability of the offenses committed by the offender. Criminal act committed must meet the elements that have been determined by constitution. Someone will be held accountable for these actions when there is an element in the action against the law and there is no excuse and fault elements must be met in terms of combating corruption. This is due to the principle of liability in criminal law that is not tobe punishment if no fault. Criminal acts and the responsibility of the perpetrators of criminal acts for corruption in the form of bribery based on Decision No. 12 / Pid.Sus.TPK / 2018 / PN Medan where to defendant has been proven legally and convincingly, the defendant is able to be responsible and there is no excuse any fault that may negate or justification which can eliminate the unlawful nature of the act, the criminal liability for acts of corruption in the form of sentencing of offenders as set forth in Medan District Court's decision
Perlindungan Hukum Terhadap Pemegang Saham Minoritas Dalam Undang-Undang Perseroan Terbatas Dwi Rahmawati; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.76

Abstract

The interests of minority shareholders in the company often conflict with a sense of justice and legal protection. This normative research discusses the issue of legal protection for minority public shareholders and the principle of justice in legal protection for minority shareholders. The legal protection of minority shareholders includes the right to propose a GMS (Article 79 paragraph 2 letter a), sue the board of directors (Article 97 paragraph 6) and the board of commissioners (Article 114 paragraph 6), request a company examination (Article 138 paragraph 3 letter a), and propose the dissolution of the company (Article 144 paragraph 1). The Company Law protects the rights of minority public shareholders based on the silent majority principle. The principle of justice to protect minority public shareholders is derived from the principle of distributive justice, the voting rights of minority shareholders are proportional to the portion of shares paid up, even though the equality is not equal. Judges' considerations regarding the legal protection of minority public shareholders are based on Article 138 paragraph (3) letter a of the Company Law, at least 1/10 of the total shares. Minority public shareholders are eligible to apply for an SLJ examination to the court. So that the minimum requirement of 1/10 of the total shares becomes a guideline to protect the rights of minority shareholders and as a derivation of the principle of distributive justice
Diversi Terhadap Anak Yang Melakukan Tindak Pidana Penyalahgunaan Narkotika (Studi Penetapan Pengadilan Negeri Medan) Faomasi Laia; Madiasa Ablisar; Marlina Marlina; Edy Ikhsan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.89

Abstract

The legal arrangements regarding diversion for children who have committed criminal acts are contained in several laws and regulations, government regulations, regulations of the Supreme Court which have regulated the procedures for implementing diversion for children who have committed criminal acts. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which has explained about diversion, namely as in Article 1 point 7 states that diversion is the transfer of settlement of juvenile cases from the criminal justice process to processes outside of criminal justice The results of this research can be seen, the legal basis for diversion is regulated in Law Number 11 of 2012 concerning the Criminal Justice System for Children, Government Regulation Number 65 of 2015 concerning the Implementation of Diversion and Handling of Children who are not 12 (twelve) years old, and Regulations Supreme Court Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. And in these laws and regulations, the objectives of diversion are stated in article 6 of Law Number 11 of 2012, namely: achieving peace between victims and children, resolving cases of children outside the judicial process, preventing children from being deprived of liberty, encouraging the public to participate , and instill a sense of responsibility in children
Tinjauan Yuridis Terhadap Penerapan Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Tentang Korporasi Sebagai Subyek Hukum Dalam Perkara Tindak Pidana Korupsi Fajar Gigih Wibowo
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.73

Abstract

In the development of criminal law, the perpetrator is not only a human being but also a corporation. The liability of a corporation as the perpetrator of a criminal act is not simple since it is a legal subject ( rect person). Basiacally, there are many laws which regulate the liability of corporations such as Law on Mining, Mineral, and Cool, Law on Environment, Law on Eduration of Corupption Criminal Acts etc. The obscurity of regulations on the liability of a corporation in the above regulations becomes the main obstacle in eradicating corupption criminal acts. However, as time passes, the Supreme Court issues the Ruling No. 13/2016 on Procedure of Handling the Cases of Corruption Criminal Acts. The research used juriprudence as the basis for its main knowledge with normative approach. It is focused on answering the research problems, how about the existence of liability of a corporation that commits corruption criminal act in legal provisions and how about the relation of the Supreme Court’s Rulling No. 13/ 2016 in handling the cases of corruption criminal acts commited by a corporation. This research was done based on the court’s verdict in the case of PT. Duta Graha Indah (PT. DGI) which become the suspect in a corruption case, and to charge corporation becomes a suspect in this case. The theories used in charge corporation in corruption criminal act are strict liability, vicarious liability, etc. In this case, PT. DGI is indicted with Article 2, paragraph (1) and Article 3 of Law on Corruption Criminal Act No. 31/1999 which is amended with Law No. 20/2001 on Corruption Criminal Act
Perampasan Aset Korupsi Tanpa Pemidanaan Dalam Perspektif Hak Asasi Manusia Teuku Isra Muntahar; Madiasa Ablisar; Chairul Bariah
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.77

Abstract

Confiscation of assets without conviction or NCB using the principle of presumption of guilt is an effective alternative in returning criminal assets, but faces challenges on the basis of human rights violations. This normative research discusses the problem of NCB's conflict with human rights violations. It was concluded that, the existing regulations have not regulated NCB but are in accordance with the constitution (Article 28H paragraph 4 and Article 28G paragraph 1 of the 1945 Indonesian Constitution), Article 29 paragraph (2) DUHAM / UDHR, Article 70 and Article 29 paragraph (1) UUHAM , European Human Rights Commission Decree 1986, and ICJ Decree 1959, where the state has the authority to control illegal assets or tainted with corruption. The UUPTPK still adheres to criminal forfeiture, depending on criminal wrongdoing, only applies if the perpetrator dies, does not apply if the criminal error is not proven, cannot seize the assets of no-owner and third party assets Its application is not against human rights if during the NCB process the third party is still given the opportunity to argue and is not done arbitrarily. The principle of presumption of guilt is aimed at assets, while the principle of presumption of innocence is directed at the perpetrator. Nor does it contradict the principle of ne bis in idem because civil suit and criminal prosecution are two different things. It is hoped that the Asset Confiscation Bill is corrected and promulgated, then regulates the NCB in the UUPTPK, improves MLA regulations for civil matters. The application must be carried out with extreme caution because it is vulnerable to human rights violations
Penerapan Prinsip – Prinsip Good Corporate Governance Dalam Upaya Meningkatkan Kinerja Pada Perusahaan Perasuransian Badan Usaha Milik Negara (Studi Pada PT. ASABRI (Persero) Cabang Medan) Vina Trinanda Dewi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.90

Abstract

Good Corporate Governance (GCG) is an important instrument in doing business in a company. The aim of this study is to see how the relationship between the application of the principles of Good Corporate Governance and efforts to improve performance in Insurance Companies, what is the role of law in the meaning of laws and regulations, ensuring the application of good corporate governance principles in Insurance Companies, especially BUMN Insurance Companies (State-Owned Business Insurance Companies) and how to apply the principles of Good Corporate Governance at PT. ASABRI (Persero) as the efforts  to improve company performance. This research method conducts normative legal research which is descriptive analysis. The data used consists of secondary data collected using library research techniques and primary data obtained through field research using interviews as a data collection technique. The data were analyzed using qualitative data analysis methods. Based on research at PT. ASABRI (Persero) Medan, the laws and regulations are considered not optimal in their implementations, and the principles of GCG have not been implemented properly

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