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Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 2, No 1 (2016): Jurnal Idea Hukum" : 11 Documents clear
PERLINDUNGAN HUKUM BAGI DOKTER PADA PELAYANAN KEGAWATDARURATAN DI RUMAH SAKIT UMUM DAERAH ABDUL WAHAB SJAHRANIE SAMARINDA Anton Christian Ompu Sunggu
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.30

Abstract

The Research purpose to analyze the implementation of law protection for doctors in the emergency service unit at the Abdul Wahab Sjahranie Samarinda and to analyze the solutions applied by the emergency unit to resolve the issues regarding to the law protection. Research methodology uses the ‘yuridis normatif’ approach where the research type to find law ‘in concreto’. The research is conducted at the Abdul Wahab Sjahranie Hospital in Samarinda. Based on the research results, the implementation of law protection for doctros in the emergency unit at the Abdul Wahab Sjahranie Samarinda has been applied according to the Law and Regulation in Indonesia therefore the doctors have practiced the medical actions following the standard operational procedures (SOP). In this case, they are not able to be prosecuted in the event of mistreatment and to resolve the medical dispute, the hospital employs the mediation process called Alternative Dispute Resolution (ADR) according to Articles No. 36 Year 2009 about health chapter 29 that states in the event of negligence by doctors in conducting medical actions, is able to be settled by mediation.Key words : Alternative Dispute Resolution, emergency.
KAJIAN HUKUM TERHADAP PERMOHONAN DISPENSASI KAWIN PADA PEREMPUAN DI BAWAH UMUR DI PENGADILAN AGAMA SEMARANG (Studi Kesehatan Reproduksi) Munadhiroh Mudadhiroh
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.26

Abstract

This study aimed to analyze the factors underlying the filing of application for a dispensation to marry the underage girls in Semarang Religion Court and analyze the legal considerations in Semarang Religion Court to request a dispensation to marry the underage girls in terms of aspect on reproductive health. This study using sociological juridical approach. Specification of research is analytic descriptive. There are four factors behind the filing of application for a dispensation to marry in the Religion Court of Semarang, which is already pregnant, religious and cultural factors, economic factors, and educational factors. Legal considerations of the judges in Religion Court of Semarang in setting request dispensation to marry not consider aspects of woman's reproductive health yet. The judges in Religion Court of Semarang in setting request dispensation to marry should consider women’s reproductive health aspects, age of marry should be upgrade based on woman’s reproductive health age being 20 years old.Key words: the application, marriage dispensation, healthy 
KAJIAN YURIDIS TANGGUNG JAWAB PERDATA RUMAH SAKIT AKIBAT KELALAIAN DALAM PELAYANAN KESEHATAN Dani Amalia Arifin
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.31

Abstract

The hospital as one of the health facilities, in Act No. 44 of 2009 About a hospital divided by type of service and its management. The hospital implement all the activities of the health service, which involves a wide range of professions health workers at the hospital, using hardware and software related to technology, applying the management the management of the hospital in order to serve the patients as the Hospital service users. As one of the health facilities. The method used is the juridical approach to normative or legal research only examined the references so that it referred to legal research library. As for another approach used is the Analytical approach (Analytical Approach).The results showed civil liability action over Hospital negligence of health workers at the hospital that caused harm to patients in accordance with the provisions of Section 1367 KUHPerdata paragraph (3) and article 46 of the Act Number 44 in 2009 about the hospital. The responsibility of the civil law the hospital due to the negligence of health workers at the hospital in the form of liability based on tort law and liability based on tort.Key Word: careless, healty service, liability
KAJIAN YURIDIS PERLINDUNGAN HUKUM TERTANGGUNG PADA PERJANJIAN ASURANSI KENDARAAN BERMOTOR DI PT. ASURANSI RAMAYANA TBK. JAKARTA Novianta Budi Surana
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.27

Abstract

The legal protection for the insured in an insurance agreement with PT  Asuransi Ramayana Tbk exists while being observed generally by insurance law for the fulfillment of rights and obligations of both the insured and the insurer. In case of force majeur (unsure occurance) which causes loss; then based on Indonesian Standard Insurance Policy for Motor Vehicle Chapter 1 Article 1 and Article 2, the insured deserves to get the indemnity due to theft, and also get the solution for the dispute through a mediator under Article 54 Chapter XI 40 of 2014 concerning insurance about the protection of Insurance Policy holders, the Insured or the participant. The refusal of legal validity of the claim by PT. Asuransi Ramayana Tbk is not appropriate and does not have any correlation with the case of theft occurred because in Mr. Mery Sam Arvianto’s case, the insurance agreement with the insurance policy number 18.0212.14.001512 must covers All Risk / Comprehensive ( collateral damage to a part or the whole car because of falling objects, fire, collision, traffic accidents, theft or collision), and the insured should receive compensation, based on Chapter 1 Article 1 paragraph 1.3 Indonesian Standard Policy for motor vehicle insurance governing the guarantee, including guarantee from theft.Key Words:  The legal protection for the insured in an insurance agreement.
EFEKTIVITAS PENEGAKAN HUKUM PERATURAN DAERAH KOTA PEKALONGAN NOMOR 19 TAHUN 2012 TENTANG KAWASAN TANPA ROKOK (Studi Terhadap Anggota Polri Polres Pekalongan Kota) Darodi Darodi
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.32

Abstract

The smoking behaviour is behaviour that is detrimental, not only for the individual who smokes but also for the people around the smoker who inhaled smoke. Loss could be from the health and economic side. This research aims: a. to analyse the effectiveness of the enforcement Regulations of the regional city of Pekalongan number 19 in 2012 About the area Without Smoking against members of the national police Polres Pekalongan town. b. to analyze obstacles in overcoming the habit of smoking for the members of the national police Polres Pekalongan city. This research is qualitative research in methods of sociological, juridical approach are analyzed qualitatively.The results of the research the following applicable local law enegakan:P Pekalongan number 19 in 2012 About the area Without Smoking against members of the police and the city of Pekalongan Polres ineffective because there are still 25% of members of the national police of the city of Pekalongan Polres smokes while carrying out his service to the community, sanctions for offenders KTR only given verbally reprimand. Constraints in addressing smoking habit to members of the national police, is the town of Pekalongan Polres: rule of law, the magnitude of the sanctions is not comparable to the conditions of the community so that law enforcement against infringement of these rules does not run effectively and no one has ever given the application of sanctions in accordance with applicable local Pekalongan number 19 in 2012 About the area Without SmokingKeywords: effectivity, law of enforcement, local regulations
IMPLIKASI PENETAPAN STATUS TERSANGKA BAGI BUPATI TERPILIH TERHADAP PEMILIHAN UMUM KEPALA DAERAH DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA Dyah Kemala Shinta
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.28

Abstract

Under the provisions of Article 31 paragraph (1) of Law Number 32 Year 2004 on Regional Government states that, in the head region and/or deputy regional head suspended by the President without going through Parliament because the proposal was convicted of corruption, terrorism, treason, and/or a crime against state security. The article 31 paragraph (2) of Law Number 32 Year 2004 on Regional Head if found guilty by the court decision, the Regents may be dismissed. However, the anti-corruption gives another reason that, Regent who has been declared a suspect is not good to hold office, so it is polemical. This study aimed to analyze the determination of the status of the suspect for the Regent elected as a condition. In addition it also aimed to analyze the implications of determining the status of a suspect for the Regent elected in the general election of regional heads in the constitutional system of the Republic of Indonesia, with reaserch method of yuridis normatif.Determination of the status of the suspect for the regents elected is not a limiting factor for someone to be sworn in as regent. There are two factors that hinder a person inducted into the Regional Head, which is being accused of corruption, terrorism, treason, and/or a crime against state security or convicted of treason and/or other actions that may divide the Republic of Indonesia declared by a court decision that has obtained permanent legal force. Implications for the determination of the status of a suspect in the Elected Regent regional head elections in the constitutional system of the Republic of Indonesia is divided into three implications are the implications of Ethics and Social namely the determination of the status of suspects for Elected Regent cause public distrust of the government. Political implications that gave birth to the other party the opportunity to become head of the region, as well as the legal implications of determining the status of a suspect for Regent ie not inhibit a person to induct regent elected as regent, since the Local Government Act only regulates the dismissal of the Regent, Regent's selected instead.Key Word: regent, implementation, and prinsons status
PERLINDUNGAN HUKUM TERHADAP PESERTA BPJS DALAM PERJANJIAN KERJASAMA ANTARA BPJS KESEHATAN CABANG UTAMA PURWOKERTO DENGAN RSUD PROF. DR. MARGONO SOEKARJO PURWOKERTO Indira Swasti Gama Bhakti
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.33

Abstract

The construction of the legal relationship between participants BPJS with BPJS Health is a social insurance; Health BPJS with Hospital Prof. Dr. Margono Soekarjo is an agreement to perform certain services pursuant to Article 1601 of the Civil Code; where responsibility for reimbursement by INA CBGs by BPJS to RSMS. The method used is the juridical approach to normative or legal research only examined the references so that it referred to legal research library. As for another approach used is the Analytical approach (Analytical Approach). Legal protection of participants BPJS in Hospital Prof. Dr. Margono Soekarjo, namely protection is based on two legal protection of participants BPJS by Social Security Law, the Law on Health Insurance BPJS and regulation as well as the Medical Practice Law, Health Law, and the Law Hospital. The pattern of legal protection by Social Security Law, the Law on Health Insurance BPJS and regulation is carried out through participant BPJS rights protection and the right to file a complaint related to health care in the National Health Insurance (JKN). While based on the Medical Practice Law, Health Law, and the Law Hospital, legal protection BPJS participants in Hospital Prof. Dr. Margono Soekarjo in the receiving health care in Hospital Prof. Dr. Margono Soekarjo.Keywords: BPJS, Legal Protection, Legal Relationship. 
PEMBATASAN PARTAI POLITIK PESERTA PEMILIHAN UMUM DALAM PERSPEKTIF DEMOKRASIARYA Achmad Zakaria
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.24

Abstract

Political parties have a position and role is very important in any democratic system. Restrictions on both parties and the electoral threshold parlimentary threshold is one element in a multi party system and the proportional representation system (proportional) with a certain percentage of the total national vote, it is certainly a clash of democracy on the one hand saying, but on the other hand is limited. This study aimed to identify and analyze the setting restrictions on political parties participating in the elections in the perspective of democracy. In addition, to analyze the restrictions on political parties participating in setting the general election in Act No. 8 of 2012 on the Election of the constitutional rights in the Constitution of 1945, also used normative juridical research method.The study states that, setting restrictions on political parties participating in the elections in the perspective of democracy in Law No. 8 of 2012 on the Election of Members of DPR, DPD and DPRD stipulated in Article 8 paragraph (1), Article 8 (2) and Article 208 of Law No. 8 of 2012 on the Election of Members of DPR, DPD and DPRD. Settings must meet the threshold of votes of at least 3.5% (three point five percent) of the total valid votes nationally to be included in the determination of the number of seats for the DPR, Provincial DPRD and regency / city violated the rights of democracy. Thus after the Constitutional Court Decision No. 52 / PUU-X / 2012, Article 208 which regulates the whole phrase "Provincial DPRD and regency / city" does not have binding legal force, thus only bind the Parliament alone. Restrictions on participants in the elections through a system of thresholds in Law No. 8 of 2012 on General Election violate constitutional rights that exist in part in Article 28, Article 28C paragraph (2), Article 28D paragraph (1), Article 28E paragraph (3), Article 28H (2) and Article 281 paragraph (2) of the 1945 Provisions of Article 208 of Law 8/2012 and the explanation is aimed at simplifying party naturally. Keyword: Democracy, Limitation, Politic Party
PENANGGULANGAN KEJAHATAN BEGAL DI POLRES BANYUMAS (Dalam Perspektif Kriminologi dan Viktimologi) Rani Hendriana; Dessi Perdani Yuris P.S.; Nurani Ajeng Tri Utami
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.29

Abstract

Begal, a criminal action in Banyumas committed by offenders with violent and new operandi mode create unrest in society. Critical problem lies in the lack of a comprehensive approach in the science of criminology and victimology approach to find the root of the cause and countermeasures consistently correlated with the cause. This study used a qualitative sociologic juridical approach. The focus of the study are the factors that influence the occurrence of crime robber, and mitigation in Banyumas Police, which is done by using the approach of criminology, victimology and police functions. Factors that influence the occurrence of crime robber in Banyumas Police in criminology perspective is the economic factor, social environmental offender, the crime scene as possible, the impersonation of evil robber in other regions (including the role of the media), and the persistence of the fence. As in the perspective of victimology is a behavioral factor victim, victim's biological and psychological weaknesses, and situation. Begal crime prevention that has been done in Banyumas Police comprehensive enough that prevention is pre-emptive, preventive and repersif. However, there are still some obstacles in its implementation so that the expected duties and functions of the police in tackling crime needs to be improved.Keywords: Prevention of crime, crime robber, victimology, crimonology.
IMPLEMENTASI PERMENKES NOMOR 1464/MENKES/PER/X/2010 TENTANG IZIN DAN PENYELENGGARAAN BIDAN DALAM MENDUKUNG KESEJAHTERAAN IBU ( Studi di Kabupaten Cilacap ) Suswati Suswati
Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.1.34

Abstract

Everyone has the right to live physical and spiritual prosperity (UUD 1945, Article 28 H paragraph (1)). Everyone has the right to health (Health Act 2009 Section 4); Maternal health efforts should be aimed at maintaining the health of mothers and reduce maternal mortality, maternal health services regulated by Permenkes No. 1464/Menkes /Per/X/2010 (the Health Act of 2009 Section 126). This research is qualitative sociological juridical approach (Socio Legal Approach), retrieval of data through observation and interviews, the twenty midwives, and twenty patients, as well as a five-person team informant who is a manager and supervisor of midwives practice.The results showed that: The implementation of Permenkes No. 1464/Menkes/Per/X/2010 on Permit and Implementation of midwife is able to support in the welfare of the mother, by virtue of the licensing requirements fulfilled 90%, organizing practice standards compliance services 78%, guidance and supervision is done by the health center level, and the rights of mothers in Public Health Center include: Respect the rights of the mother; Giving the mother's health information; Requesting approval of the action; Keep a secret; and service standards are fulfilled, to get health care safety and quality, the mother is able to give birth to a quality  and healthy generation, and to avoid the complications which allows the maternal mortality as an indicator of welfare of the mother.Keywords: Permenkes number 1464 of 2010, Welfare mothers.  

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