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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 2 (2016): Jurnal Idea Hukum" : 11 Documents clear
PELAKSANAAN WEWENANG PERAWAT UNTUK KONSULTASI DAN KOLABORASI DENGAN DOKTER DALAM PELAYANAN KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 38 TAHUN 2014 TENTANG KEPERAWATAN (Studi di RSUD Dr. Soedirman Kebumen) Ahmad Alfi Manala
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.76

Abstract

The nurse’s role was caring and giving comfort to the client, which the nurse doing their position as a specific nurse, nowever, recently the nurse’s role have being expanded into  healthcare improvement and prevention of disease (prophylaxis), and also considering patient comprehensively. Nurse is demanded to have science and skill in all aspects of nursing care. Nurse as a proffesional employee, has some responsibility and authority to care and treat client independently, being able in consulting and collaborating with other health workers based on their authority, particularly related to the scope of nursing work.This research is aimed at analysis of The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing which held in RSUD Dr. Soedirman Kebumen. This reseach is qualitative sociological juridical aproach, retrieval of data through observation, quisioner, the threty nurse and four informant.This research result is represented that The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing section 30 of article 1 which held in RSUD Dr. Soedirman Kebumen, indicated to ‘ ineffective implementation’. This is evidenced that still many of nurses found did not do consultate and collaborate with the doctor or other health workers neither onto health service nor onto making the nursing care.Therefore, related to this infringement of law, the Nursing Concil may determine discipline of sanction to the nurse, based on Law no. 38 / 2014 section 49 and 50 about Nursing.The barrier and obstacle of the implementation of the nurse’s authority to consultate and collaborate with the doctor onto health service are: 1. The explanation of Law no. 38/2014 about what kind of expected consultation and collaboration between nurse and other health worker expecially with the doctor, is blurred. 2. Controlling and monitoring to the nurse’s ethos of work is low. 3. Level of nurse’s education is under qualify. 4. Low experience of Nurse. 5. Limited time related to rush hour of the doctor. Keyword: nurse, healty, conseling
PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENETAPAN STATUS TERSANGKA SEBAGAI OBJEK PRAPERADILAN DALAM PRAKTIK DI PENGADILAN NEGERI PURWOKERTO (Studi Kasus Putusan Praperadilan No. 4/Pid.pra/2015/PN. Pwt) Beny Timor Prasetyo
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.81

Abstract

The Constitutional Court is one of the perpetrators of the powers of the judiciary among others authorized to adjudicate on the first and last level that an award is final to examine legislation against the Constitution of 1945. Determination of whether a suspect could be debated as part of a pretrial objects end with the existence of a ruling of the Constitutional Court Docket Number 21/PUU-XII/2014 date 28 April 2015.Normative Juridical Approach: Research. The type of research used in this study is a descriptive analysis. The source of the data in this study is secondary data, and qualitative Data Analysis techniques are normative.Fine points of consideration and decision of the judge of the Constitutional Court in its Ruling No. 21/PUU-XII/2014 date 28 April 2015, about testing a number of CODE of CRIMINAL PROCEDURE Article specifically about the authority of pretrial Article 77 a CODE of CRIMINAL PROCEDURE and the interpretation of the phrase "evidence of the beginning", "the beginnings of proof enough", and "sufficient evidence" as mentioned in article 1 point 2, article 17 and article 21 paragraph (1) of the CODE of CRIMINAL PROCEDURE, it was decided as follows :1) object praperadailan the authority of article 77 paragraph (1) of the CODE of CRIMINAL PROCEDURE, set expanded including the determination of the suspects, searches and seizures; 2) phrase "the beginning", "proof of evidence of the beginning of a fairly", and "sufficient evidence" as specified in article 1 point 2, article 17 and article 21, paragraph (1) of the CODE of CRIMINAL PROCEDURE, must be a minimum of two is meant evidence contained in article 184 CRIMINAL PROCEDURE CODE; 3) the process of determination of suspects by investigators should be based on a minimum of two evidence contained in the CODE of CRIMINAL PROCEDURE Article 184 (eyewitness description; experts; mail; instructions; description of the defendant).
PELAKSANAAN DIVERSI BAGI ANAK YANG MELAKUKAN TINDAK PIDANA DI WILAYAH HUKUM KEPOLISIAN RESOR CILACAP Kushanindyo Norya Prabowo
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.70

Abstract

The handling of Juvenile Justice, diversion or peace efforts by bringing together victims and offenders and their families shall be carried out by law enforcement officials. By 2015 the number of cases of children as much as 5 kasus.Jumlah Cilacap Police diversion is done yet, but it has been done in the Police Central Cilacap. Therefore it is interesting to study.This study aims to investigate the implementation of diversion for children who commit criminal offenses in Cilacap Police Jurisdiction can contribute ideas and Science regarding the juvenile justice system. It is also to contribute to society on the implementation of diversion for children who commit criminal offenses in the police station jurisdiction Cilacap. To achieve these objectives, the authors use the method of juridical sociological.The study states that, implementation of diversion for children who commit criminal offenses in the jurisdiction of Police Cilacap done in several stages, the preparatory phase of diversion, diversion deliberation, and diversion agreement. Preliminary stage diversion process is done by calling the interested parties. Diversion is done with a preparation that call the various parties, namely the Son and the parent/guardian or consort, Victim and/or parent/guardian, supervisor of community, social worker professionals, community representatives, That the parties deemed necessary to be involved in deliberations versioned. Phase deliberations diversions opened by facilitator diversion with the introduction of the parties present, convey the intent and purpose of deliberation diversion. Diversion Stage results must be submitted by the employer directly responsible for all levels of examination (meaning in the process of investigation, prosecution and court examination) to the District Court for Determination issued and institutionally competent authority issuing Determination is the Chairman of Cilacap District Court. Not all cases of children in police Resort Cilacap applied versioned, only to cases that can be reconciled only do versioned. Constraints in the implementation of diversion for children who commit criminal offenses in the law region resor Cilacap Police, driven by factors thats, factor law enforcement, lack of understanding of law enforcement officers (police) about the meaning and purpose of diversion and the low awareness of law enforcement to implement a diversion to make the child offender processed up to the court, so it ended up in jail. Keywords: justice system child, criminal, law enforcement
PENERAPAN PRINSIP RESTORATIVE JUSTICE MELALUI DISKRESI TERHADAP PELAKU ANAK PADA KEPOLISIAN RESORT TEGAL Yunia Elly Masruroh
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.77

Abstract

The application of the principles of Restorative Justice in the case of children in the Indonesian National Police can be implemented with a choice of two (2) types of action, namely diversion, and discretion. This study aims to analyze the role of the National Police in the application of the principles of Restorative Justice on criminal acts committed by children and to analyze constraints POLRES Tegal Restorative Justice in the application of the principle of the offenses committed by children. The method used is the juridical sociological conducted by interviewing respondents, an inventory and study the legislation, as well as the study of literature. In the juvenile justice system, Tegal Police action in the application of the principles of Restorative Justice through the discretion of the offenses committed by children in various legislations. Keywords :Restorative JusticePrincipal, The Role of the Police Department, Police Discretion, Juvenile Justice System.
EFEKTIVITAS PEMBERIAN IZIN BIDAN PRAKTIK MANDIRI (BPM) DI KABUPATEN PURBALINGGA Imam Widiyanto
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.72

Abstract

This study aims to understand the extent of the subject of law in the health ministry`s regulation this obeyits obligations, and constraints that have been faced in fulfilling facility or equipment practices.The research uses a method of approach juridical sociological, with the primary and secondary date. Date collection by means of interviews with informants, observation and documentary. Location this research in purbalingga it precisely in rembang, in kejobong and in kalimanah.The research results show that the fulfillment of completeness place and apparatus for midwife practice has not been implemented effectively.Thus the implementation of the abovethe health ministry`s regulation not be reached,Cause of the low the effectiveness of health minister this includes: factors invented her own: The health ministry`s regulation number 1464/menkes/per/x/2010 regulation on licenses and the implementation of midwife practice in considerans does not include the purpose; a factor the law enforcement: supervision, guidance and supervision by the health office district Purbalingga was never;Factors facilities and facilities : absence of special officers assigned to supervise, guidance and supervision of dkk; as well as the community and culture: midwives request for permission practices private done collectively charity over organisationprofession so do not know the deficiency possible.It Ignorance of the health ministry`s regulation and attitude of the would not know the regulation.     Keyword: effectivity, organisationprofession, licenses
PENEGAKAN HUKUM AKIBAT KELALAIAN APOTEKER DALAM MENJALANKAN PEKERJAAN KEFARMASIAN DI PUSKESMAS KABUPATEN BANYUMAS Baedi Mulyanto
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.78

Abstract

The existence of the National Health Insurance Program organized by Healthcare and Social Security Agency (Badan Penyelenggara Jaminan Sosial Kesehatan or BPJS Kesehatan) causing increased number of visits to health centers. However, the increase patients were not followed by the increase of health human resources, especially Pharmacists. Being limited number of pharmacists who became one of the factors of negligence of pharmacist task in community healt centre.This research aimed to analyze the implementation of Pharmaceutical care at the health center. This research also aims to analyze law enforcement due to the negligence of pharmacist task at the health center. This research methode is a qualitative by the sociological juridical approach. Collecting data through observation and interviews to 10 Pharmacists who work in health centers and the head of health centers, also  the head of  Indonesian Pharmacist Association (IAI) in Banyumas regionThe pharmaceutical care in health centers are still not in accordance with the laws and regulations that apply where the phramacist task in the health centre is still done by a non-pharmacist staff and drug information to patient also incomplete in providing drug services, it is becoming one of the factors the occurrence of negligence.Law enforcement due to the negligence of the pharmacist in performing pharmacist task at the health center willbe solved by take out-of-court action with promote the rights of the patient or the victim, in which patients who experience the error due to the negligence of the pharmacist then directly solved by replacing drug medications error and in case undesirable of side effects from the use of drugs is carried out free medical treatment in accordance with the provisions. In increasing the phramaceutical care at the health center should be no additional health human resources, especially pharmacists or pharmacy technical staff while minimizing an increase in visits of patients will require an active role of other health professionals to optimize preventive health efforts in the awareness level of health awareness in the community. Staff pharmacist in health center should always increase the knowledge, skills and behavior in order to maintain and improve their competence through education and training.Key words : Pharmacist, Negligence, Law Enforcement
ETIOLOGI KRIMINAL KEJAHATAN SEKSUAL DI WILAYAH HUKUM POLRES PURBALINGGA Wahyu Dian Rahmah Hanny
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.73

Abstract

The phenomenon of child sexual Purbalingga either categorized as criminal offenses in the category of sexual or violate public decency value, must be addressed. Based on the facts presented and the author of an influential hypothesis, of course, needs to be studied scientifically. Therefore, the authors consider it necessary to examine the etiology of criminal sexual crime in the region hokum Kepolisian Resort Purbalingga. This study aimed to identify and analyze the factors that influence the occurrence of sexual criminal offense in the jurisdiction of Police Purbalingga, and also to know and analyze the response of law enforcement authorities against criminal acts of sexual symptoms in the jurisdiction of Police Purbalingga. Based on this writer uses juridical methods sociological answer the problem formulation.The study states that, the factors that influence the occurrence of sexual crimes in the jurisdiction of Police Purbalingga is a factor of personal, social and cultural. In the context of individual factors or personal, encouragement of individuals who are affected by stimulus negatives that go through the learning process of self-offender among others viewed video porn, the needs of sexual desire, drinking, promiscuity negative, as well as social media that support the modus operandi , In the social construction of gender occurs reversibility, besides the cultural factors relating primarily to the culture of sexuality in any jurisdiction in Purbalingga with sexual criminal act, but its influence is very low, just as the foundation of modernity and lifestyle patterns in Kabupatren Purbalingga. The response of law enforcement authorities against criminal acts of sexual symptoms in Purbalingga among others by conducting preventive and repressive measures. Based on these facts then, should be done legal counseling, sex education counseling, legal protection of children, legal sanctions have sex with children by law enforcement officials, namely the police and prosecution. It also should be formed of local government policies towards employment equity between women and men, as well as the judge gave the maximum punishment for perpetrators of sexual criminal acts involving child victims. Keyword: etiology criminal, criminal sexs
PERSIDANGAN TERHADAP ANAK YANG MENJADI SAKSI TINDAK PIDANA DALAM KERANGKA PERLINDUNGAN HUKUM ANAK MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Studi di Pengadilan Negeri Bintuhan dan Pengadilan Negeri Cilacap) Akhmad Budiawan
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.79

Abstract

A child who witnessed a crime, is very vulnerable to pressure and threats that could endanger growth. To provide protection for children who witnessed the crime, the government has enacted Law No. 11 Year 2012 concerning the Juvenile Justice System. The nature of the trial and the judge in the examination qualifying child who is a witness to the crime of influence on children's growth both physically and mentally. Although in the law there is no regulation explicitly about the nature of the trial and the qualifications of judges who conduct the examination of the child who witnessed a crime, but for the sake of ensuring the development of the child, then the trial should be declared closed to the public and the judges who conduct the examination must be a judge of child.Keywords : children, judges, protection, trial, witnesses
IMPLIKASI PUTUSAN MAHKAMAH AGUNG NOMOR 46 P/HUM/2018 TERHADAP MANTAN NARAPIDANA DAPAT MENJADI CALON LEGISLATIF DALAM PENYELENGGARAAN GOOD GOVERNANCE Inayah, Asti
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.157

Abstract

This election is a representation of people's representatives who have goodqualifications and background so that through the role of independent institutions the KPU has the authority to make KPU Regulation Number 20 of 2018 concerning Nominations of Members of the House of Representatives (DPR), the Regional Representative Council (DPRD) of the Province, and Regency/City DPRD which limits the political rights of ex-convicts of corruption. The limitation of freedom to contribute to elections is contrary to the basic principles of the rule of law in Indonesia which upholds human rights which later gave birth to the Supreme Court Decision Number 46 P/HUM/2018 and has implications for the implementation of Good Governance in Indonesia.The approach method used in this research is normative juridical research. The sources of legal material contained in this study come from primary, secondary and tertiary legal materials with data collection techniques based on literature studies and data analysis techniques using deductive methods. Based on the results of this study that the legal considerations of judges in the MA Decision 46 P / HUM / 2018 that the Petitioner is a former convict of corruption and political rights have never been revoked due to the entry into force of Article 4 paragraph (3), Article 11 paragraph (1) letter d and Appendix Model B .3 PKPU Number 20 Year 2018 Concerning Nominations for Members of the House of Representatives, Provincial Regional House of Representatives and Regency/City People's Representative Council which becomes a necessity that legislative nominations come from clean figures and never have a track record of integrity flaws. The validity of the Supreme Court's Decree has implications for the implementation of good governance in the principle of participation, namely the people's involvement in the process of governing the government in an election even though a person is a former convict of corruption, as the resulting decisions have in common the concept of the rule of law and good governance in creating a perspective of Human Rights that is upheld high in the regulations as if implying that ex-convicts cannot be restricted in their political rights.
PERMOHONAN SURAT IZIN PRAKTIK BIDAN (SIPB) BERDASARKAN PERATURAN MENTERI KESEHATAN NO. 1464/MENKES/PER/X/2010 TENTANG IZIN DAN PENYELENGGARAAN PRAKTIK BIDAN DI KABUPATEN BREBES Diana Novy Fikria
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.74

Abstract

Midwives as one ofthe health workers in the organized practice of compulsory kebidanannya has permission from the Government in the form of License the practice of Midwives. One of midwives ties Indonesia. Recommendation IBI in Brebes Regency can be obtained if the Member already has a certificate of Contraception technology updates. CTU is not aligned with the the conditions to get the SIPB i.e. the recommendations of professional organizations of authority contained in the regulation of midwives, the Minister of health no. 1464/Menkes/Per/X/2010 about permitsand Conducting the practice of Midwives.This research aims to analyze the petition Passes the practice of midwives and to analyze the constraints that hinder the application based Regulations SIPB Minister of health no. 1464/Menkes/Per/X/2010 about permits and Conducting the practice of Midwives. This research is qualitative research with the juridical sociological approach.The results show that the petition SIPB in Brebes Regency have not fully in accordance with Permenkes No. 1464/Menkes/Per/X/2010 about permits and Conducting the practice of Midwives. Resistance to get recommendations from IBI members must attend training CTU,compliance requirement application in collecting Member SIPB vary resulting in a filing process lasts a long time as well as the policies of the health service and IBI Brebes Regency that enforces two Ante Natal Care SIPB authority and Post Natal Care and the SIPB ANC, INC. and Intra Natal Care. Keyword: health, permited, midwive

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