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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 198 Documents
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IMPLIKASI HUKUM KEBIJAKAN PENGADAAN BARANG ATAU JASA MELALUI DANA KELURAHAN DI KABUPATEN BANYUMAS Khanafi, Muhammad
Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2020.6.2.162

Abstract

Urban villages funds emerged after the Association of City Governmentsthroughout Indonesia (APEKSI) proposed to the President the importance of obtaining urban villages such as village funds which have proven to help improve the economy of village residents. The dilemma of Permendagri No. 130 of 2018 concerning Urban Village Facilities and Infrastructure Development Activities and Community Empowerment in Kelurahan, clearly states that the implementation of procurement of goods / services in urban villages is prioritized through self-management III or IV. Self-managed procurement of goods / services is a managerial level. It takes personnel with the capacity of top managers or at least middle managers. Therefore, giving up self-management at the kelurahan level is very risky The results showed that the policy for procurement of goods or services for urban village funds in Banyumas Regency is certainly based on written provisions made by thelocal government. The first legal implication is that there is an attributive handover of authority to the regional head in this case the Regent to carry out the procurement of goods or services which is then delegated to the Lurah as the Budget User Proxy (KPA) and administrative officials as Commitment Making Officer (PPKom) in the process of procuring goods or Services. In the implementation of the procurement of goods or services, the kelurahan funds are responsible and liable for the Commitment Officer. The second legal implication of procuring goods or services for kelurahan funds is based on SE MENDAGRI NO. 146/2694 / SJ Dated 27 March 2019 Regarding technical instructions for Minister of Home Affairs No. 130 of 2018, every activity for procurement of goods or services in the urban village is prioritized using selfmanagement III and IV. Many KPA / Lurah and PPKom / Commitment Making Officials in Banyumas District find it difficult to carry out the self-management process. The Regional Government of Banyumas Regency adopted a policy that the procurement process for capital expenditure goods that is difficult to apply uses a self-managed method in the procurement process using a budget item in the form of a Bj Output Production / NonPurchasing Work / Non-Purchasing Process which contains material input, human resources, equipment and methods.
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
Publisher : MIH Unsoed

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.
PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM TERHADAP PELAKU KEKERASAN DALAM RUMAH TANGGA YANG MENYEBABKAN KEMATIAN (Studi Kasus Terhadap Putusan Perkara Nomor 16/ PID.B/2011/PN.BLK) Ida Zulfamazidah
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.60

Abstract

The application of criminal removal is a very important matter in the judgment. When consideration of improper judgment errors will obscure the essence of judicial and criminal law purposes. The purpose of this research is to analyze the application of criminal removal reasons based on Article 44 of the Criminal Code on judges' consideration in breaking free from all lawsuits against perpetrators of domestic violence that led to the death of Decision No. 16 / PID.B / 2011 / PN.BLK and also analyzing the suitability Consideration of the judge on the decision of the case with the purpose of criminal law.This research was conducted normatively and obtained the result that the Panel of Judges in breaking out of all lawsuits against perpetrators of domestic violence that led to death in the case Number 16 / PID.B / 2011 / PN.BLK using expert information that is psychiatrist as the only The basis for determining criminal responsibility or known by biological methods. Decision Number 16 / PID.B / 2011 / PN.BLK has been in accordance with the purpose of criminal law, one of which is achieved legal certainty, especially for the perpetrator. Key words : Decision, Out of all lawsuits, Article 44 of the Criminal Code.
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
Publisher : MIH Unsoed

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.
EFEKTIVITAS REHABILITASI TERHADAP PELAKU PENYALAHGUNAAN NARKOBA (STUDI DI BADAN NARKOTIKA NASIONAL KOTA CIREBON) Virgiawan Listianto
Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2020.6.2.153

Abstract

Drug use is a crime that has brought about victims of drug use in the community.Ideally, narcotics are required in the world of health and science, but in the same time the use of illegal narcotics is a very dangerous one, so that legal devices aimed at controlling the distribution and use of such addictive substances are indispensable. The method of approach used in this research is a qualitative method with a sociological juridical approach (Sosio-legal research). The specification of this research is descriptive according to the problems and objectives in this research. Primary data sources and secondary data sources and are analyzed in a qualitative method. The efforts to implement rehabilitation conducted by the Government against narcotics users pursuant to article 54 Juncto Article 55 Act number 35 year 2009 about narcotics is doing various measures to prevent narcotic abuse, by means of rehabilitation can help the victims, rehabilitation there are two: medical rehabilitation and social rehabilitation, and counseling.
PEMBATALAN SERTIFIKAT HAK MILIK NOMOR 289 DESA KEDARPAN KECAMATAN KEJOBONG KABUPATEN PURBALINGGA (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1085K/PDT/2006 Tanggal 25 April 2007) Runtut Puji Setiyadi
Jurnal Idea Hukum Vol 1, No 2 (2015): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2015.1.2.20

Abstract

Certificate is evidence of a strong right, meaning that should be considered true until proven otherwise in court with other evidence. Certificate of ownership of land rights can be canceled if the decision is flawed law in publishing or implement court decisions that have binding. This study aims to examine: First, legal considerations in the decision of the Supreme Court judges case of cancellation of land titles certificate No. 289 Rural District of Kejobong Kedarpan Purbalingga In the Supreme Court Decision No. 1085K/PDT/2006 April 25, 2007. Second, theoretical overview sense of justice contained in the Supreme Court decision No. 1085K/PDT/2006 Date 25 April 2007. This study uses normative juridical approach. Data were analyzed using qualitative normative method. Based on the results of research and discussion can be concluded as follows: First, the law judge of the Supreme Court judgment in the case of cancellation verdict land ownership certificate No. 289/Rural District of Kejobong Kedarpan Purbalingga the Supreme Court Decision No. 1085K/PDT/2006 On 25 April 2007, because of legal disability certificate obtained from a tort. Second, the Supreme Court decision No. 1085K/PDT/2006 April 25, 2007 already provides a sense of justice, namely maintaining the rights of the individual and gives the right to every person entitled to receive it.Keyword : Land Certificate, Privillage
PENJATUHAN PIDANA TERHADAP ANAK SEJAK DIBERLAKUKANNYA UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Kajian Hukum di Pengadilan Negeri Purbalingga) Ivonne Tiurma Rismauli
Jurnal Idea Hukum Vol 3, No 1 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.1.53

Abstract

Child  prosecutor and Child  judge in giving legal considerations in the warrant and the imposition of the verdict is still given great emphasis to prison for criminal prosecution and the imposition of imprisonment resulting in less reflect the value of the protection and best interests of the Child. Balance Child Prosecutor in the warrant and Child Judge in the decision has not been all in accordance with the principles of the Law on Child Criminal Justice System. The research method used a normative juridical approach and used progressive thinking are expected to embody the law enforcement-oriented children’s best interests.Keywords: progressive law approach.
PERTANGGUNGJAWABAN HUKUM TERHADAP PENYALAHGUNAAN WEWENANG OLEH PENGGUNA ANGGARAN DALAM PENGADAAN BARANG DI KABUPATEN BREBES Suwarni Suwarni
Jurnal Idea Hukum Vol 5, No 1 (2019): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2019.5.1.106

Abstract

The implementation of a transparent government in the implementation of project tenders is an important issue that needs to be responded to immediately by the local government. This study aims to find out and analyze the abuse of authority by Budget Users in the procurement of goods in Brebes Regency. In addition, it is also to analyze the legal accountability of Budget Users against abuse of authority in the procurement of goods in Brebes Regency. The study uses a normative juridical approach, with secondary data sources and quantitative analysis.The results showed that, Abuse of authority by Budget Users in the procurement of goods in Brebes Regency was a category of abuse of authority / beyond authority (Detournement de Pouvoir) with traits beyond the tenure or deadline for authorization, beyond the territorial limits of authority; and / or contrary to the provisions of the legislation. The act of Herman Adi AW as a Budget User is an act that is contrary to the provisions of the laws and regulations that are specifically regulated in Article 5 of Presidential Regulation Number 54 of 2010 along with its amendments, especially the principles of transparency, competition and accountability.The Budget User's legal responsibility for abuse of authority in the procurement of goods in Brebes Regency can be subject to criminal sanctions, namely that criminal responsibility for abuse of authority is regulated in Article 3 of the Corruption Act. Herman Adi Aw as a budget user who is proven to be corrupt with a prison sentence of 1 (one) year and 6 (six) months, as well as a fine of Rp. 50,000,000.00 (fifty million rupiah). Based on civil liability Herman Adi Aw as the Budget User is obliged to return compensation. Based on the administrative aspect, the Brebes Regency Government issued the Brebes Regent Decree No. 887/080 of 2014 as of January 24, 2014 temporarily suspending the position of Herman Adi AW in his position as the Head of the Industry Office.
PELAYANAN KESEHATAN PADA KLINIK PRATAMA RAWAT INAP (Studi Tentang Penerapan Peraturan Menteri Kesehatan RI. Nomor 028/ Menkes/ Per/I/2011 Tentang Klinik Di Kabupaten Cilacap) Listyorini, Listyorini
Jurnal Idea Hukum Vol 1, No 1 (2015): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2015.1.1.5

Abstract

AbtractHealth services at the clinic Pratama Hospitalization and the factors that affect the violations as well as the application of sanctions against Clinics Pratama Hospitalization in Cilacap Regency in providing health services in accordance with Permenkes RI Number 028/Menkes/Per/I/2011 About the clinic. Juridical sociological approach uses research. Research using primary data sourced from the head of the Ministry of health and District Health Service Kefarmasian Cilacap, head of Clinic Pratama Inpatient health care personnel, health care givers on Inpatient Clinic Pratama and community Clinics services using yaang Pratama hospitalization. Organized by thehealth services Clinic Pratama Hospitalization is not fully in accordance with that set forth in Permenkes RI Number 028/Menkes/Per/I/2011 about the clinic. Factors of occurrence of offences, namely: 1) Ignorance about licensing Manager Radiology. 2) Limitations of human resources (doctor), a company based near to the clinic. 3) pharmacist-Manager was disproportionate to the number of existing pharmacies.Keywords: Clinic, Health Services, Customers
PELAKSANAAN DIVERSI OLEH PENYIDIK ANAK DALAM PENYELESAIAN TINDAK PIDANA NARKOTIKA DI POLRES BANJARNEGARA (Studi Tentang Efektifitas Hukum) Ahmad Nur Hidayat
Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2016.2.2.80

Abstract

Cases of abuse of narcotics in Banjarnegara district police in 2015 amounted to 6 (six) cases. Of the six (6) of this case, five (5) cases involving adult offenders resolved to go to court while one (1) case involving the abuse of drugs being resolved by mediation penal through diversion.Keywords: Diversion, penal mediation, narcotic abuse

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