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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 10 Documents
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Search results for , issue "Vol 4, No 2 (2018): Jurnal Idea Hukum" : 10 Documents clear
PENERAPAN PASAL 14 MENGENAI KEWAJIBAN IKUT KEPESERTAAN BADAN PENYELENGGARA JAMINAN SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL Yudgest Beno Eko Saputra
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.116

Abstract

This study aims to determine the implementation of the obligation to participate in the Social Security Administering Body Board pursuant to Article 14 of Law Number 24 Year 2011 on the Social Security Administering Body. In addition, to analyze the provision of sanctions to the participants of the Health Insurance Administering Agency that is not orderly in paying dues. To achieve these objectives, the authors use normative juridical methods. The result of the research states that the Implementation of Article 14 concerning the obligation to participate in the membership of the social security organizing body pursuant to Law Number 24 Year 2011 on the Social Security Administering Body is implemented through two presidential regulations namely Presidential Regulation no. 12 Year 2013 on Health Insurance and its amendment and PP. 86 of 2013 on Procedures for Imposing Administrative Sanctions to the Employer Other than the State Operator and any person, other than the employer, the worker and the Beneficiary of the Contribution in the Implementation of Social Security and the regulation of the President of Republic of Indonesia no. 19 of 2016 on the second amandement of presidential regulation n0. 12 of 2013 on health insurance. Health Insurance membership is mandatory and is done gradually to cover the entire population. The first phase begins on January 1, 2014, then the second phase covers all the residents who have not entered as Participants BPJS Health no later than January 1, 2019. Penrakan participants Health Insurance Administering Agency that is not orderly in paying dues done with BPJS benefit activation procedure.
DISKRESI KEPOLISIAN DALAM PENANGANAN TINDAK PIDANA KECELAKAAN LALU LINTAS DENGAN KORBAN PEJALAN KAKI (Studi di Polres Purbalingga) R Manggala Agung
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.98

Abstract

Discretion refers to a Police authority of police officials to act or not to act legally in carrying out its work. Diskresi allows a police officer to choose among a variety of roles (maintain order, enforce the law or protect society), tactics (enforce traffic laws by on patrol or manning at one place) or the destination ( punish violators or advice) in the execution of his duty.This research approach is the juridical sociological research, specification descriptive in nature, as well as analyze qualitative methods. The goal of research to figure out the implementation of the discretion police force in handling the crime of traffic accidents with casualties of iscretion in the area of law Polres Purbalingga.Against truth and validity it does the action the police discretion, that discretion police formally regulated in article 18 of Act No. 2 of 2002 Year State police of the Republic of Indonesia, which mention that: (1) For general interest, officials of the State police of the Republic of Indonesia in carrying out the tasks and authority can act according to hisown judgment. The implementation of the provisions referred to in subsection (1) may only be carried out in a State that is very necessary having regard to the legislation, as well as the code of conduct of the profession of police of the Republic of Indonesia.
KAJIAN YURIDIS AKTA PERDAMAIAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG KOPERASI SIMPAN PINJAM INTIDANA (Kajian Terhadap Putusan Pengadilan Niaga Semarang Nomor: 10/Pdt.Sus-PKPU/2015/PN Niaga Smg) Teddy Hartanto
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.112

Abstract

This research intended to learn how the law consideration of Trade Court Judge Semarang Nimber 10/Pdt.Sus-PKPU/2015/PN.Niaga Smg that decided the Cancelation of Debt Payment Obligation of KSP Intidana that related to the conciliation plan? And how the impact of law for the KSP  Creditor Intidana that didn”t agree with the conciliation statement decision in concelation of the Debt Payment Obligation by the Trade Court Semarang?The case that were researched it was the Trade Court Decision Semarang Number 10/Pdt.Sus-PKPU/2015/PN Niaga Smg and the documents related with . Beside thet the research was conducted with the literature research.Based on the data analysis of research result could be concluded that the Judge Decision didn”t consider the Article 231 (b) Ordinance Number 37 in 2004 about the Bankrupt and  cancelation of Debt Payment Obligation in deciding the Creditor Committee. They could not represent the creditor entirely. Based on the Article 123 (1) HIR that could represent the creditor was advocate and Article 1795 Criminal Code of Civil Case, to represent one certain interest had to be given the specific power by creditor. The creditors that didn”t agree with the conciliation decision of the obligation cancelation of debt Payment they could do the law effort to propose the review to this decision or propose the concelation to the conciliation document because there was a mistake about the person or case.
KAJIAN YURIDIS PELIMPAHAN KEWENANGAN DOKTER UMUM KEPADA BIDAN DALAM PELAYANAN OBSTETRI DAN NEONATAL EMERGENSI DASAR DI PUSKESMAS GANDRUNGMANGU SATU Pentadi Teguh Setyianta
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.99

Abstract

Health is a basic human right and one of the elements of well-being which must be realized in accordance with the ideals of the nation of Indonesia. The number of doctors who are a little bit in some areas cause most doctor who conducts independent practice or physician clinics delegate or grant authority in conducting medical practice to the health workforce personnel have different competencies, such as Midwives.The purpose of the study to analyse the provisions of the medical act of authority pelimpahan conducted by doctors at the clinic. Methods of Juridical Normative approach is used, the type of research Preskripsi. Data sources used are: primary Data and Secondary Data. Method of Data collection is done with the study of librarianship, research results are analyzed further Normative Qualitative.The limitations of medical personnel (doctor) give rise to situations that require that the nurse or midwife do treatment or perform an action that is not a medical authority. Basic health services at the Clinic could not be fully implemented by the doctor, so many services/medical action which is the authority of doctors carried out by nurses/midwives, medical services at health centers also Roving as well as Clinics Maid only served by nurses/midwives. Legally, labor nurses/midwives do not have the authority to carry out medical services.
EFEKTIFITAS JAKSA PENGACARA NEGARA DALAM UPAYA PEMULIHAN KEUANGAN NEGARA/DAERAH SEBAGAI AKIBAT TINDAK PIDANA KORUPSI DI KEJAKSAAN NEGERI PURWOKERTO Sutrisno Sutrisno
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.113

Abstract

Based on the result of the research and a discussion to the main problem that proposed, therefore we can make some conclusion: The effectivity of State attorney On The Refund of State/Region Monetary Due To Corruption Act In The State Attorney Office Purwokerto, which purpose is to return the loss of state fund or state economy due to corruption act, if we review it from the effectivity of State attorney as one of the state instrument to return the state/region economy as a result of corruption act by using UU No 3 Tahun 1971 about Eradication of Corruption Act In The State Attorney Office Purwokerto, we can say that it hasn’t effective yet, due to Litigation process handled by State attorney which filed civil action to the District Court, no one is capable to pay the loss of state/region due to corruption act in civil ruling, because the defendent already has no possession.  Then, on Non Litigation way, using State attorney instrument, a little bit effective even though has to pay replacement money by credit because the defendant is capable to pay off the replacement. If we use UU No 31 Tahun 1999 that has been changed and replaced to UU No 20 Tahun 2001 about the Changes on UU No 31 Tahun 1999 about Erradication of Corruption Act to a State Attorney, it won’t be a problem because if the defendant is not capable of paying the replacement money based on the decision, the defendant will undergo the subsidiary criminal in the form of penalty, which is the period of time will not exceed the main criminal threat dan the period of time has already decided on the decision.That factors become obstacles, is the State Attorney will not able to perform a sequest sizing because the defendant is unable and has no possession in a nominal of money being corrupted, then from the Law enforcer itself, that the State Attorney is having difficulties to track posession that belongs to the defendant which is gain from the corruption act or assume gained from the corruption act, while the obstacles from the society, there is a lack of awareness from the society itself, which is a lack of concern to give information earlier and detail on the possession belong to the defendant to the law enforcer to a person a suspected as a corruption perpetrators.
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP TANGGUNG JAWAB DOKTER JAGA DI INSTALASI GAWAT DARURAT BERDASARKAN HUKUM POSITIF INDONESIA Rudianto Rudianto Rudianto
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.100

Abstract

Service at IGD many find difficult, such as the State of the patient is not conscious and there is no family that takes, so the doctor IGD should get legal protection in the conduct of medical action. The problem occurs because the doctor IGD in conditions like this should serve patients in the shortest – in short with the doctor in the service of the response time of the IGD is less than 5 (five) minutes, in order to save lives and more disability prevention further, while the doctor IGD that is in the RS are currently limited in number.The purpose of research to analyse the implementation of the responsibility of the doctor in dealing with patients at IGD hospital. This type of research is descriptive, the juridical sociological approach is the method. The primary data source as the primary data collected from the field, and secondary data as supporting data. The data obtained were analyzed using qualitative methods, with the constant comparison analysis models and techniques of analysis done with the method of Theoretical Interpretation.Aspects of the implementation of the responsibility of the doctor IGD-positive, however there are doctor IGD substitute that does not have SIP for lack of doctor IGD especially when holiday Lebaran. Doctor who practise without having a SIP don't get legal protection, from the beginning of the Administration had broken the law and may be subject to disciplinary action from the City/County Health Department in addition to criminal sanctions as set forth in Article 76 of ACT No. 29 of the year 2004 about the practice of medicine
EFEKTIVITAS PERLINDUNGAN HUKUM TERHADAP PERAWAT DALAM MEMBERIKAN ASUHAN KEPERAWATAN DI RUANG RAWAT INAP RSUD Dr. SOEDIRMAN KEBUMEN Kasih Pujiutami
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.114

Abstract

Nursing have role and strategies function in halty service for public and need be guaranteed too protection often expererence happen emergency circun stances to emergency measures should do not outharity for sake patient safety, will but malpractice pre sumption and low looking.            Constitution no thirty eight two thousand eighteen year  about nursing for realize effetiveness low protection for nurse give nursing. Care by low research and discusion title is know noget effective because code ethics nursing portially basic profession require delegation of outhority for profession with besidesnurse mush do with write. outhority from proffesion with besides nurse because no get is low a wareness good nurse even nurse commission   Dr soedirman  haspital
PELAKSANAAN DIVERSI DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK SEBAGAI BENTUK PENDEKATAN RESTORATIVE JUSTICE (Studi di Wilayah Hukum Kepolisi an Resort Banjarnegara) Triadi Agus Purwanto
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.101

Abstract

This thesis is motivated by the problem of Children who are the assets of the nation, as part of the young generation of children plays a very strategic role as a successor of a nation. Therefore, the state must provide protection for children if the child becomes a criminal offender. One of the solutions that can be taken in handling the case of crime of theft committed by the Child is through Restorative Justice approach, which is implemented by diversion as regulated in Law Number 11 Year 2012 on Child Criminal Justice System. Banjarnegara Resort Police has implemented a version for handling of criminal cases of theft committed by the Child as an effort to settle the case. Based on this, the issue raised in this thesis is how the implementation of the diversion in the settlement of criminal acts of theft committed by the Children in the Legal District of Banjarnegara Police as a form of Restorative Justice approach and constraints in the implementation of such diversions. 
PELAKSANAAN PELAYANAN OLEH TENAGA KEFARMASIAN BERDASARKAN PERATURAN MENTERI KESEHATAN REPUBLIK INDONESIA NOMOR 30 TAHUN 2014 TENTANG STANDAR PELAYANAN KEFARMASIAN DI PUSKESMAS (Studi di Puskesmas Kabupaten Purbalingga) R. Adi Soeprijanto
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.115

Abstract

Pharmaceutical service is an integrated activity with a view to identifying, preventing, and resolving drug related issues. Limited number of pharmacist, misappropriation of drugs, availability of drugs and legal certainty of contract pharmacist are inhibiting factors of pharmaceutical services at Public Health Center.This research is in the form of juridical normative-empirical by using secondary and primary data. Secondary data source from library study as secondary legal materials and primary data source from observation and interview as primary legal material.The results showed pharmacist is responsible for pharmaceutical services in Public Health Center, both clinical pharmacy and drug management. Drug shortages occur because the stock is empty from district health office and the presence of expired drugs comes from provincial stock buffer. Technical implementation of pharmaceutical service using guidelines in accordance with legislation. Appointment of contract worker by unauthorized persons caused administrative violations. Registration certificate and practice license are the basic of legal certainty for pharmacist.
PERLINDUNGAN HUKUM UNDANG-UNDANG NOMOR 30 TAHUN 2014 BAGI PEGAWAI NEGERI SIPIL YANG DIBERHENTIKAN DAN IMPLIKASINYA TERHADAP KEWENANGAN BADAN PERTIMBANGAN KEPEGAWAIAN Arief Rachman Hakim
Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2018.4.2.97

Abstract

Legal protection of civil servants (PNS) in a dispute over staffing has undergone a paradigm shift with the enactment of Law No. 30 of 2014 on Government Administration (UUAP). The paradigm change then has implications for the authority of the Civil Service Advisory Board (BAPEK). This study aims to analyze how UUAP provide legal protection to the Civil Servant who was dismissed not because of disciplinary punishment of civil servants and what are the implications of the legal protection against BAPEK authority.This research is normative legal research with qualitative analysis through conceptual approach and legal approach to legal issue which become subject matter in research. Conclusions are drawn deductively through a coherent and systematic description. To support this research, the authors conducted interviews with some of the top officials at BAPEK in Jakarta as complementary data supporting the research analysis.Based on the results of the study, the enactment of the UUAP which has established the regulation of administrative efforts in Articles 75 to 78, carries the legal consequence that the dismissed civil servant which not due to disciplinary punishment may undertake dispute resolution through administrative measures even though the relevant rules governing it, do not provide a dispute resolution through Administrative effort. This then implies the widespread authority of BAPEK, which before the enactment of UUAP is only authorized to handle administrative appeals of personnel disputes caused by the dismissal of civil servants due to disciplinary punishment.

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