Jurnal Idea Hukum
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
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<![CDATA[PENEGAKAN HUKUM TERHADAP KLINIK PRATAMA YANG MEMPEKERJAKAN PERAWAT TANPA SURAT TANDA REGISTRASI (Kajian Di Klinik Pratama Kab. Cilacap) ]]>
<![CDATA[Jaka Eka Susanto]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.93
<![CDATA[This study aimed to know law enforcement of clinics employing illegal nurses,and knowing that factors that tend to affect law enforcement. Law Research (Legal Research) done used this type of socio legal studies. The data sources included primary data in this study form an opinion from the respondents in this case include the parties involved directly or indirectly, namely District of health office Cilacap, and 5 clinic. While secondary data sources covered legislation, literature and official document relating to the subject matter. The result of the research is,not implemented law enforcement by District of health office Cilacap. It is seen that there is no function of Head of District Health Office Cilacap in coaching and supervision]]>
<![CDATA[EFEKTIVITAS KONSELING DAN TES HIV (KTHIV) BERDASARKAN PERMENKES NOMOR 21 TAHUN 2013 TENTANG PENANGGULANGAN HIV DAN AIDS DI PUSKESMAS KABUPATEN CILACAP ]]>
<![CDATA[Erna Widiati]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.67
<![CDATA[AbstractThis study goals to know and analyze the effectiveness of Consolidating Effectiveness and Human Immunodeficiency Virus Test implementation on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome prevention in the health public center in the Cilacap and to know and analyze the problem and find the solutions by doctors in the handling of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome in Cilacap Health Public Center.This research uses sociological juridical approach. The data research get from interviews with the Head of Public Health Center in Cilacap and the Human Immunodeficiency Virus Counseling and Testing Team and also collecting the Constitution, documentation, literature, and internet access in Related issues with the health law. The data will be analyzed using deductive method.Based on the discussion and the data of research can be concluded that: First, Human Immunodeficiency Virus counseling at Cilacap public health center has been effective. It can be see from the existence of Counseling activities (prevention), preventive (checking Human Immunodeficiency Virus for Pregnancy period and Prospective marriage partner, doing filter test for the donation of blood and using a sterile tools in medical treatment), curative (Care and treatment of Sufferers of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome ) at the Health Public Center based on the Regulation of Health Minister Number 21 of 2013 about the Control of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome to reduce morbidity, mortality, limiting the infection and the complication semination in order to the epidemic does not extend to other areas and to reduce the negative impact from this virus. The Cilacap government also make the regulation Number 2 of 2015 about Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome prevention, which organize Pregnancy period and Prospective marriage partner should take a part the Human Immuno deficiency Virus test and counseling in the health care facility. Second, the problem and the solutions of Human Immunideficiency Virus Counseling and Testing in Cilacap Public Health Center it include health officer element (less the Counseling and Testing Team) so it is necessary to make another new Team, the Regulation Factor (no sanction or punishment if it refuse the test) so we need the regulation obviously, there is no private room for Counseling and Testing of Human Immunodeficiency Virus test in public health centersKeywords: Counseling, Human Immunodeficiency Virus, Acquired Immune Deficiency Syndrome ]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP RISIKO MEDIS PADA TRANSAKSI TERAPEUTIK (Pendekatan Kasus Tentang Putusan Mahkamah Agung Nomor 79 Pk/Pid/2013) ]]>
<![CDATA[Yantony Wijaya]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.94
<![CDATA[In the health care provided by a doctor to the patient is always faced with a widerange of medical risks that accompany it, either at the time of diagnostic measures and therapeutic, recipient community health services are harmed would be considered the failure to deal therapeutic is negligence / fault of the doctor, and regard it as a medical criminal acts that must be resolved through legal channels. This study aims to determine the risk of legal liability against medical doctors in performing therapeutic transactions and to determine the role of the Indonesian Medical Disciplinary Honorary Council in the process of criminal investigation medical.This research is in the form of normative, analytical and descriptive. Source data used are secondary data, secondary data consists of legislation, literature and official documents relating to the subject matter The emergence of a result of the medical risks in therapeutic transaction can not be accountable to your doctor or health care provider if there is no element of fault or negligence. Decisions resulting from the Assembly Examiner Discipline (AED) can assist the task of investigators, since it can be used as an evidence in the investigation process in the police on criminal case of medical audited by MKDKI, because in the process of establishing such decision can be said to have in common the verification procedure under the Code of Criminal procedure.]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA RINGAN OLEH POLRI MELALUI PENDEKATAN RESTORATIVE JUSTICE (Studi di Wilayah Hukum Polres Cilacap) ]]>
<![CDATA[Iwan Hertanto]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.71
<![CDATA[ABSTRACTÂ Big issues that are being faced by Police at this point in the criminal justice system is a great dilemma in law enforcement i.e. on one side of the quality and quantity of criminal cases that occur in the community over time tend to experience improvement and on the other hand, police have the authority in law enforcement by law has a relatively limited ability.Research methods with the Juridical Sociological approach, primary and secondary data sources. Type of this research is descriptive qualitative analysis.In the task of national police as a law enforcement officer who not only thinks the problems resolved in juridical normative alone, but should also be looked at from the perspective of sociological and legal anthropology. Criminal policy in operasional Police in the task can be done as an implementation of discretion. The underlying law enforcement on the authority and duties of the police's preventive and repressive in detail defined in Article 13, article 14 paragraph 1, article 18 of law RI No. 2 the year 2002 about the State police of the Republic of Indonesia. The application of the principles of Restorative Justice in law enforcement criminal acts of light by the national police is that prioritizes actions win-win solution both to the victims as well as perpetrators.Keywords: Police, limited liability, a law enforcement]]>
<![CDATA[PERMAAFAN DALAM PEMIDANAAN MENURUTHUKUM ISLAM DAN HUKUM NASIONAL ]]>
<![CDATA[Abddullah Ahmad Mukhtarzain]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.95
<![CDATA[Al-Jamariah, the Act of a person, which is usually limited to acts that are prohibited only. The term jarimah when associated with Islamic law, and sometimes also used the term delik when associated with positive law. The method of approach in research is the juridical normative, with secondary data sources and analysed normative qualitative basis.The results of preventive qishas legal research so that crime can be preventedbefore they occur considering the punishment accordingly. Prior to the ruling of the judge executed then the victim or the victim's family has the right to revoke or cancel the ruling of the judge, because the victim or victim's family forgave the penal action and usually the punished with fines or rewarded cancellation shall become the Redeemer of sin for the victim, as in the Qur'an, Surat Al-Maidah verse 45. The basis of justification or justifying the existence of a criminal just at criminal acts (conditions of objective as the basis justification) and error (subjective terms as basic permaaf). Therefore, it is as if the criminal is considered a consequence of absolute that there should be, if both terms is evident. This gives the frame a legitimacy that the CRIMINAL CODE currently is "model of certainty" that stiff. Therefore in the future CRIMINAL CODE BILL should remain the underlying nature of the "model certainty", but its currently ossified, must be revamped to become flexible.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP DOKTER DALAM PEMBUKAAN REKAM MEDIK PASIEN HUMAN IMMUNODEFICIENCY VIRUS/ACQUIRED IMMUNODEFICIENCY SYNDROME (HIV/AIDS) ]]>
<![CDATA[Siti Handayani]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.69
<![CDATA[ABSTRACTThis study aims to 1) to describe, identify and analyze physicians' authority in opening medical records of HIV / AIDS patients; and 2) to analyze and solve legal protection problems for physicians in opening medical records on HIV / AIDS patients. This study uses the legislation approach. The data obtained from interviews with Director of RSUD Majenang, Counselor of HIV / AIDS and doctors responsible for poly / AIDS RSUD Majenang. The data of the research are analyzed using deductive method. Based on the results of research and discussion, the conclusions are as follows: First, the authority of doctors in opening medical records of HIV / AIDS patients is set in Permenkes RI number 269 / MENKES / PER / III / 2008 and number 36 of 2012 on the Secret of Medicine that is only for the sake of health patient, fulfilling the request of the law enforcement apparatus in the context of law enforcement on the order of the court which must be requested in writing to the leader of the health service facility, the request and / or consent of the patient himself, the request of the institution / institution based on the provisions of the legislation as well as for the interest of research, education and medical audit as long as it does not mention the identity of the patient, as well as a condition that threatens the safety of others individually and society. Individuals in question is the person most potentially infected HIV / AIDS ie wife or husband of HIV / AIDS. Secondly, legal protection in opening medical records in HIV / AIDS patients is administered by the government in a preventive manner aimed at preventing the occurrence of disputes, leading to prudent action in the presence of various provisions set forth in the medical practice, health and health minister regulations . Protection of repressive legal protection in the event of a violation in the practice of medical services aimed at handling a particular dispute which is also regulated in the Criminal Code and legislation to ensure that physicians and patients obtain their rights and obligations in accordance with applicable laws and regulations.Keywords: Legal protection, HIV / AIDS]]>
<![CDATA[KONDISI KEJIWAAN SAKIT BERUBAH AKAL PELAKU TINDAK PIDANA SEBAGAI ALASAN PENGHENTIAN PENYIDIKAN (Studi Kasus Di Polres Brebes) ]]>
<![CDATA[Rokhmantono Rokhmantono]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.96
<![CDATA[A criminal act committed by someone with a Psychiatric background Pain Turnedto reason is a crime that requires a special resolution by law enforcers, the investigator as a gateway entry of report of a criminal offence, has the task and authority for making arrests, investigations, inquiries and proceedings against such criminal acts. The research is the study of normative, analytical approach. This examination specification is a descriptive research. Research done in the area of law Polres Brebes, Central Java. The source of the legal materials used in the study of legal materials, namely primary, secondary and tertiary. Method of data collection with the study of librarianship. The presentation of the material law with descriptive narrative method. Methods of data analysis with qualitative, descriptive methods. Methods of data analysis with qualitative, descriptive methods. The results showed that psychiatric conditions ill change sense offender crime as the reason for termination of investigation can be accepted as the reason for termination of investigation cases, because the perpetrators of the crime have a history of less than perfect reasonable or crazy with these types of psychiatric disorders (Schizophrenia). Legal consequences of termination of the investigation of things criminal perpetrator by reason of psychological pain changed sense by investigators Polres Brebes is the offender referred to the Magelang mental hospital to undergo treatment and deeds from the process punishment, while all the goods seized are returned on a more right owners]]>
<![CDATA[KEHILANGAN KEWARGANEGARAAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN REPUBLIK INDONESIA (Tinjauan Yuridis Terhadap Peristiwa Kewarganegaraan Arcandra Tahar dan Gloria Natapradja Hamel) ]]>
<![CDATA[Adhitia Pradana]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.68
<![CDATA[ABSTRACTWidespread human interaction in the world provides opportunities for marriage between different nations of citizenship. Intermarriage is not uncommon among nations raises a problem, in terms of one's country of origin where the country in which she gave birth or born adopts the same nationality, it will not cause problems. However, when the two countries concerned have different systems, they can lead to circumstances that cause a person holds the status double nationality (bipatride) or instead became stateless altogether (apatride).The issue of citizenship and non-citizenship, whether it concerns the procedure of obtaining and losing citizenship that is behind the author to do this research. This study aimed to analyze the concept of citizenship that apply in the constitutional system of the Republic of Indonesia and also to analyze the loss of citizenship based on Law No. 12 of 2006 on Citizenship of the Republic of Indonesia. To achieve this goal, this research is done by using normative legal research method with prescriptive model. The collected legal material will be studied comprehensively and analyzed deductively by systematic presentation.The results of research and discussion concluded that: First, the concept of citizenship in the constitutional system prevailing in Indonesia based on Law No. 12 of 2006 on Citizenship of the Republic of Indonesia has to clarify and reinforce the position and legal certainty for every citizen of Indonesia, which is in conformity with mandated in the provisions of Article 26 paragraph (1) and Article 6 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945. Second, the loss of citizenship of the Republic of Indonesia based on Law No. 12 of 2006 on citizenship of the Republic of Indonesia may occur due to loss of citizenship by itself, Loss of citizenship with a request, and loss of citizenship due to a marriage. In addition, based on the analysis of jurisdiction over the events lose citizenship Arcandra Tahar and Gloria Natapradja Hamel, it can be concluded that in accordance with the legislation on citizenship of the Republic of Indonesia, materially Arcandra Tahar has no citizenship and against Gloria Natapradja Hamel is a juridicial as a foreign citizen.Keywords : Republic of Indonesia, Citizenship, Losing Citizenship]]>
<![CDATA[EFEKTIVITAS PEMBERIAN RESTITUSI TERHADAP KORBAN TINDAK PIDANA BERDASARKAN UNDANG-UNDANG NOMOR 31 TAHUN 2014 TENTANG PERLINDUNGAN SAKSI DAN KORBAN ]]>
<![CDATA[Dien Kalpika Kasih]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.92
<![CDATA[Victims as the injured party as a result of a criminal act shall receive compensation, one form of restitution. Awarded restitution to victims to reduce the suffering of the victims as a result of criminal offenses committed by offenders, especially to the victims of criminal acts. This restitution was arranged in Law No. 31 of 2014 on The Protection of Witnesses and Victims. Related effectiveness restitution for victims of crime also a form of state responsibility in an effort to protect its citizens. This research aims to analyze the effectiveness of giving restitution for victim of crime and analyze those obstacles facing witness and victim protection agencies (LPSK) in the implementation of the provision of restitution based on Law Number 31 of 2014 about witness and victim protection. Based on the result of study, it is known that giving restitution for victims of this crime it is said to be effective, until the process of granting restitution for the offender to the victim, but about how gifted as well monitoring conducted by LPSK to the victim after receiving restitution, it is said to be less effective, because there is no data associated with it. Then, associated with those obstacles faced with LPSK in facilitating, the provision of assistance for victims the crime is lack of human resources and the lack of budged in the process of the facilitating the provision of restitution.]]>
<![CDATA[STRATEGI POLRES DALAM PENGUNGKAPAN TINDAK PIDANA KORUPSI DI BANDARA TUNGGUL WULUNG CILACAP ]]>
<![CDATA[Sukarni Anggraeni]]>
<![CDATA[ Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum ]]>
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DOI: 10.20884/1.jih.2018.4.1.75
<![CDATA[ABSTRACTCorruption is the cause of the onset of the economic crisis, undermine the legal system and inhibit the operations of a Government that is clean and democratic. In other words, corruption is already in the pivotal joints and country life. Therefore, corruption can no longer be classified as ordinary crimes but is already a tremendous crime.Methods of Juridical Normative approach is used, with discriptif analytical research specifications. The data source is secondary, and data were analyzed qualitatively.Strategic leadership of the national police in it, that the eradication of criminal acts of Corruption is a priority for the Police. The role of the Police here to be very important, because Police spearheading in law enforcement, though in its development in addition to Police and prosecutors, the State formed the other agencies specifically addressing criminal acts of Corruption eradication Commission i.e. Corruption (KPK). This is because the criminal offence of corruption is a crime which is an extra ordinary crime and have very large implications for lates the progress of countries, also most of the perpetrators of corruption are on the red tape that holds the power so in need of institutions superbodi in order to get past the existing regulation.Keywords: Police, corruption, law enforcement]]>
