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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Search results for , issue "Vol 15 No 2 (2024)" : 24 Documents clear
LEGAL PROTECTION FOR WORKERS ON OCCUPATIONAL SAFETY AT PT. MEGA RAYA PROPERTY Kaenama Muhammad, Yunan; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9535

Abstract

The implementation of occupational safety has the primary goal of improving and maintaining all workers' physical, mental, and social welfare in all types of work, preventing health problems caused by work, and avoiding accidents during work. Cirebon is one area famous for its significant progress in industrial development, one of which is in the construction sector. These jobs have a high risk of work accidents during the construction process of construction projects because work safety standards are still inadequate. This is evidence of the lack of attention to the importance of occupational safety in construction work. In this study, a normative juridical approach method is used, namely literature law research, which is carried out by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The study results show that: (1) The form of legal protection in PT. Mega Raya Property uses a form of preventive legal protection because the company uses its policies in the employment agreement in the form of an oral agreement, so the form of legal protection for workers is not optimal because workers do not get their rights optimally and clearly if something happens. (2) The efforts to resolve work accident cases experienced by workers have been carried out based on the policy of PT. Mega Raya Property is per Government Regulation Number 82 of 2019 concerning the Implementation of Work Accident Insurance and Death Insurance Programs, and the final results are determined based on mutual agreement.
IMPLEMENTATION OF EMPLOYMENT AGREEMENTS FOR HEALTH WORKERS IN PRIVATE HOSPITALS Fahri Alpalah, Oka; Marlina, Tina; Yosi Andri, Gusti
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9536

Abstract

The company's activities are essentially a joint effort between employers and workers to grow the company and improve workers' welfare. This research was conducted based on the author's interest in finding out the implementation of the work agreement between midwives and Dera As-Syifa Hospital, where, based on the secondary data that the author obtained, the work agreement form is PKWT. The Manpower Law has stipulated that PKWT is only for jobs that are not permanent or core business. The problem in this study is :P First, we will discuss implementing the work agreement between Dera As-Syifa Hospital and Health Workers. Second, what are the legal consequences if the minimum wage paid is not by the UMP/UMK Brebes? This study uses a normative research method, namely legal research conducted by researching library materials or secondary data. Then, it continued with the collection of primary material data through direct interviews and observations as well as secondary materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. The results of the study showed that PKWT used in the working relationship between midwives and Dera As-Syifa Hospital based on Permenkes 1199 of 2004, which regulates the employment relationship for health workers can be held with PKWT so that it is an exception to the provisions regulated in the Manpower Law along with the Job Creation Law and PP 35/2021. However, the implementation of PKWT at Dera As-Syifa Hospital is still not appropriate because there is still a probationary period of 4 months with salary deductions, so during the probationary period, the salary is not by the provisions of the minimum wage applicable in Brebes Regency. According to relevant regulations, companies that provide salaries below the minimum wage can be subject to sanctions and automatically change PKWT to PKWTT. However, such conditions do not affect the company; workers still receive such treatment.
EFFORTS TO COUNTER FALSE REPORTS FROM THE COMMUNITY AT THE BREBES REGENCY FIRE DEPARTMENT Hetharie, Yosie; Ainul Close, Fahmi; Suwondo, Sutiyono
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9537

Abstract

The importance of legal action against perpetrators who make false reports in DAMKAR Brebes Regency. The crime of forgery is a crime that contains a system of untruth or falsehood about a thing or object that appears from the outside as if it is true when, in fact, it is contrary to the truth. This description is the background of the problem in writing, namely, what is the motive of the perpetrators who make false reports in the Brebes Regency Fire Department, and how are the efforts of the Brebes Regency Fire Department to deal with the existence of false reports of fires in the Brebes Regency area. This research method uses normative judicial, legal research that is carried out using research on literature materials or secondary data. This research can be called normative research or literature research. The results of this study show that the motive is the intentionality of the perpetrator of false reports, considering the curiosity of the perpetrator because it can be searched in the search system in the form of Google and Instagram. Furthermore, the sense of ignorance from the last perpetrator and the panic from the complainant are also factors that trigger false reports. It is not uncommon for overlapping reports to become difficult for firefighters when preparing services to carry out blackouts. When unexpected disasters occur, such as snakes, things are related to electrical circuits and many more forms. Educate the local community about the importance of doing good and correct reporting so that the effectiveness, accountability, and transparency of the Brebes Regency DAMKAR are carried out. What is the power of the community service provider if it is not supported by community cooperation?
LEGAL REVIEW OF THE RESPONSIBILITY OF DOCTORS WHO ACT WITHOUT THE CONSENT OF THE PATIENT'S FAMILY (CASE STUDY OF DECISION NUMBER 3203K/PDT/2017) Chusmayadi, Omay; Fadhlurrahman Rosyid, Rifqi; Rahman, Alip
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9548

Abstract

Within the field of medicine, practitioners are guided by teachings on ethics and morals to fulfill their duties and responsibilities in serving the community. Imagine a scenario when a doctor breaches the relevant ethical and moral standards. If such a situation arises, the discipline will be enforced either by the professional association responsible for setting the ethical guidelines or by legal authorities who will process and impose penalties to prevent doctors from neglecting their duty to get informed permission and engaging in malpractice. Informed consent serves a dual purpose for both patients and doctors. For doctors, it provides a sense of assurance when performing medical procedures on patients and acts as a form of protection against potential legal claims or lawsuits that may arise from any unforeseen accidents. Regarding informed consent, it refers to the patient's entitlement to receive comprehensive information regarding their medical condition, the recommended medical procedures, and the potential outcomes associated with each decision.
The execution of Minister of Agrarian Affairs Regulation No. 12 of 2017, which concerns the implementation of the Comprehensive Systematic Land Registration (PTSL) in Weragati Village, Majalengka Regency, is currently underway. Junaedi, Oding; Juliansyah Nugrah, Maulana Fajar; Rahman, Alip
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9549

Abstract

The Complete Systematic Land Registration (PTSL) is a thorough procedure of registering all unregistered land parcels in every region of the Republic of Indonesia, inside a single village/sub-district or other administrative unit at the same level, conducted concurrently. The PTSL method is a government project spearheaded by the Ministry of ATR/BPN to cater to the basic needs of the community, such as clothing, food, and shelter. The research methodology used is juridical-empirical, which is a type of qualitative research. This study made use of both primary and secondary legal information. The potential obstacles in executing the Complete Systematic Land Registration (PTSL) program encompass unresolved PPH and BPHTB taxes, absentee land ownership concerns, surplus and neglected land, human resource constraints, insufficient facilities and infrastructure, and challenges in acquiring precise physical and legal data.
LEGAL PROTECTION FOR LOSS OF MOTORBIKES IN THE PARKING LOT OF THE TOURISM CENTER OF CIREBON REGENCY BASED ON REGIONAL REGULATION NO.11 OF 2019 CONCERNING THE IMPLEMENTATION OF PARKING: (Case study in Bukit Cinta – Mundu, Cirebon Regency) Andita Alfarisy, Panji; Marlina, Tina; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9550

Abstract

Chapter 18, paragraph (1) of the Consumer Protection Law is included and regulated regarding the provisions for the Inclusion of Standard Clauses, where "Business actors in offering goods and or services intended for trading are prohibited from making or incorporating standard clauses on every document and or agreement when stating the transfer of responsibility of business actors", Chapter 18 paragraph (2) of the Consumer Protection Law states that "Business actors are prohibited from including standard clauses whose disclosure is difficult to understand". Chapter 32 of Cirebon Regency Regional Regulation No. 11 of 2019 which states that "Getting a sense of security for the use of Parking Space Units (SRP)". This type of research is Normative Law, which analyzes laws, regulations, and other legal materials. The problem in this study is how to provide legal protection for consumers who lose their motorbikes in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency and how to resolve disputes in the event of losses on the part of consumers who are parked in the parking lot of the Bukit Cinta Tourism Center, Cirebon Regency.Legal protection for consumers in the parking of motor vehicle tourism objects in Cirebon does not yet exist because of the standard clause on ticket parking related to the transfer of responsibility for the parking manager. This is clearly contrary to Chapter 18, paragraph (1) of the Consumer Protection Law. Including a standard clause with the transfer of responsibility has violated the freedom of contract in the Civil Code. Efforts to resolve disputes if there is a loss to the owner of the vehicle parked at the tourist attraction, then to divide or transfer the burden of responsibility, the parking manager can collaborate with the insurance company to provide parking insurance for each consumer. To protect consumers legally, several options of legal remedies can be pursued by litigation or non-litigation, such as mediation, mediation at the Directorate of Consumer Protection, the Dispute Resolution Agency (BPSK), and the District Court
ANALYSIS OF THE IMPLEMENTATION OF MIXUE FRANCHISE AGREEMENTS IN CIREBON REGENCY REVIEWED FROM GOVERNMENT REGULATION NO. 42 OF 2007 CONCERNING WARALABA Salza Hubbillah, Widya; Romlahayati, Yanti; Umar, Jaenudin
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9551

Abstract

A franchise agreement is one aspect of legal protection for the parties from acts that harm other parties. An exclusive agreement is an agreement to enter into an exclusive agreement that can result in hindering or hindering other business actors from entering into the same agreement. The purpose of writing this scientific paper is to find out how the implementation of Mixue franchise agreements according to Government Regulation No. 42 of 2007 concerning Franchising and Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used in this scientific paper uses empirical juridical abbreviations, using primary and secondary data, which are then analyzed using descriptive qualitative analysis. This study's results show that the Mixue franchise agreement implementation in Cirebon Regency is guided by Chapter 5 of Government Regulation No. 42 of 2007 concerning Franchise. However, suppose you look at Chapter 15 of Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition in the Mixue franchise agreement. In that case, some practices cause monopolies and unfair business competition.
JURIDICAL ANALYSIS ON DISPUTE RESOLUTION IN CASES OF UNLAWFUL ACTS Karmenita, Karmenita; Kafi Habib, Rakha; Maulida, Irma
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9552

Abstract

The primary purpose of the law is to realize justice; Aristotle said that justice is to give everyone what is his right. Legal facts show difficulties in resolving disputes, such as settlements that are not under the law and things considered unfair. For example, the plaintiffs felt the settlement was unfair in settling disputes concerning unlawful acts between farmers and PT PG Rajawali II. This study aims to 1) analyze the dispute resolution in the case of unlawful acts and the efforts made to resolve disputes in the case, and 2) the impact on the plaintiffs who dispute in the case using the normative juridical method with the type of qualitative research. The settlement of disputes in the case of unlawful acts is analyzed using the theory of justice; the dispute settlement efforts are not by the law and are considered unfair by the plaintiffs because what they are entitled to is not fulfilled. The plaintiffs did not receive compensation due to the defendants' destruction of land. They did not receive replacement land due to land included in the extension of the HGU, which resulted in the loss of land that the plaintiffs could use for economic activities.
THE ROLE OF REGIONAL HEAD CANDIDATE SURVEYS IN POLITICAL PARTY DECISION-MAKING: A STATE ADMINISTRATIVE LAW ANALYSIS Arifin, Firdaus
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9562

Abstract

The use of candidate surveys in the determination of candidates for regional heads by political parties is an increasingly common practice, but its effects on the legitimacy of political decisions and state administration have not been widely studied. This research aims to explore the role of candidate surveys as an instrument of legitimacy in the context of state administrative law and identify its impact on fairness and transparency. The research method used is qualitative analysis through interpretation of primary legal materials by referring to legal doctrines and relevant theories. The results showed that from the perspective of state administrative law, surveys of candidates for regional heads can strengthen the legitimacy of political decisions by providing evidence of public support, but also potentially pose a risk of manipulation and methodological bias that can undermine fairness in the state administrative system. The implications of these findings highlight the need to improve survey methodologies, implement strict regulations, and conduct effective oversight to ensure transparency and accuracy. This research provides valuable insights into how candidate surveys of regional head candidates can be used fairly and effectively in political processes and public administration.
KUNINGAN REGENCY GOVERNMENT POLICY ON THE CIRCULATION OF EXPIRED FOOD Malik Fidale, Faisal; Marlina, Tina; Harmono
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9569

Abstract

Consumer Protection is any effort that guarantees legal certainty to protect consumers against expired food. This study aims to explore policies and legal protections for consumers related to expired foods, as well as the efforts that consumers can take in dealing with them. In this study, the author uses a normative juridical approach, which is a method of literature law research which is carried out by researching library materials or secondary data. Then it was continued with the collection of data on secondary legal materials obtained from literature studies in the form of law books, legal journals, and other literacy associated with the core of this research. Verification of tertiary legal materials obtained from law dictionaries, Indonesian Language dictionaries, and other dictionaries. This research can provide new insights for legal practitioners and judges in developing civil law. In addition, the study also promotes a better understanding of the role of the local government in Kuningan Regency in improving consumer protection and overcoming barriers such as public mindset, buyer negligence, lack of knowledge about expired food, and inadequate legal supervision.

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