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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Merdeka Surabaya
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
Health Professions Law, Crime, Criminology & Criminal Justice
The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law. YURISDIKSI Jurnal Wacana Hukum dan Sains is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 6 Documents
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Search results for , issue "Vol. 15 No. 2 (2020): March" : 6 Documents clear
Legal Protection for Patients to Medical Procedures Performed By Young Dentist Rahma Ariesti Lating; Wiwin Indriani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Constitutes such a basic requirement of man, health so the need is will always to be fulfilled in order to improve the quality of human health, so as to be in his life quality will not cease to be guaranteed.To health services there are the relationship between individual patients, the doctor / medical workers and hospital sources said.The connections serve as a platform for arrangement on the health of the norms to protect patients in the form of health law norms and other like moral, of ethics, of decency, propriety and of order ( herkutanto, introductory law health, 1987.To protect patients from error and omission health services, in 1992 have enacted of act no 23 / 1992 on health and in 1999 have promulgation of the act no.8 / 1999 about consumer protection. The authority of the young doctor to perform the act of medical towards patients not been managed in a legal manner.In rsgmp just make a guidebook profession ( module ), which holds information about rule of action that may be undertaken by the young doctor, dental hospital by law, medical committee, having standard operating procedures they can manage the any action and doctors educator clinic as well as the young doctor were very well informed with responsibility for every one of them, Changing authority given doctor educator clinic to the young doctor administration of, only there has been no rules governing the involvement of in a book.
Legal Protection For Instant Coconut Milk Consumer Wikan Tri Restu Yanuarti; Kendy Lukianto Kusumohadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Consumer protection is a fairly new thing in the laws and regulations in Indonesia. Despite the call for the need of comprehensive legislation for consumers has been socialized for a long time, it was only on April 20, 1999 the government of the Republic of Indonesia issued and enacted Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as the Consumer Protection Act) . This study aims to describe a number of things, which include the legality of food additives in instant coconut milk circulating in Indonesia, as well as understanding the legal liability of businessmen of instant coconut milk products containing food additives that exceed the threshold. The results of data analysis are obtained as follows. First, according to Law Number 7 of 1996 concerning Food, it is regulated about food / food additives, including: Article 10 Paragraph (1): Every person who produces food for distribution is prohibited from using any material as food additive which is declared prohibited or exceed the maximum limit set. Food Additives may be used in the production of instant coconut milk, except that the level of use must not exceed the threshold set by BPOM. Article 11 also states: ... Materials that will be used as food additives, but whose impacts on human health are not yet known, must first be examined for security, and their use in food production activities or processes for distribution is carried out after obtaining approval from the government. Second, the legal liability of business actors who use food additives that exceed the threshold can be requested for litigation, both by conducting criminal and civil claims. Or resolved beyond litigation with a pattern of mediation, arbitration and conciliation.
The Legal Liability of The Government And Employers In The Exclusive Breastfeeding Program Lilis Qomariyah Nur Wachidah; Fitriani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Breastfeeding is a staple food and the main nutrition source for newborn of 0-6 month old who still can not digest solid food. Exclusive breastfeeding is a process of giving only breastfeeding for the first 6 month old without giving any additional food for baby. The method that was used for this research was normative jurisprudence research, which came from reviewing written law from several aspect and law norms then continued to do research to get a conclusion. From research’s result, it can be concluded that Government Responsibility and Employer in Exclusive Breastfeeding program are the rules that every mother who is working and do the exclusive breastfeeding program should get place for breastfeeding and milk squeezing room (Lactation’s Room). The sanctions that will be given if this thing is being ignored are the employer will get criminal sanction for 1 year and fine for one hundred million rupiahs (Rp. 100.000.000). Therefore in the needs for health improvement, it should be done the Counseling program for whole community about the important of breastfeeding wherever and whenever without exception in office especially for working mothers. In this point the government should confirm that the rule is well done even from monitoring until the sanction is given.
The Law Protection of The Hospital In Cooperation With Health BPJS Contract Herni Budiyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Characteristic of the contract of cooperation between bpjs health with hospitals is the contract of public, so that the contents of the contract is what i instruct you tie these two sides.As long as the complexity of the hospital care make a rather complex and difficult negotiated by the hospital when the fine print. pre-contract and it is time for the Walk contract always of the nature of a monopoly parties bpjs health are more dominant.And household characteristics sick with another.And yet the reason uniformity contract the hospital across Indonesia the contents of an agreement at the same.It is pretty obvious that a lot of difference basic in the perspective of the project, human resources and different working capital. The principle of proportional meaningful his exchange that provide the basis or form the basis of the rights and obligations of the parties in accordance proportion or its part of the whole process of contractual arrangement.The principle of proportionality presupposes the division of the rights and obligations of manifested in the whole process of contractual arrangement, good at phase pre-contractual, the formation of a contract and the implementation of the contract ( pre-contractual, contractual, post contractual.The principle of proportional transcendental the context of its relations and the interests of the parties ( maintain the sustainability of the relations that take place conducive and fair ). Legal protection for hospitals there are for example through a contract that has been signed with a signature that is be law enforcement for both sides.
Legal Review of the Late Notification of Acquisition of Commission for Supervision of Business Competition (Study of KPPU Case Decision No: 07/KPPU-M/2018) Hari Sutra Disemadi; Agung Sujati Winata
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The form of economic activity carried out by entrepreneurs is the acquisition of shares. Takeover is a way of developing an existing company or saving a company that is experiencing capital shortages or difficulties. One of the companies that made the acquisition was PT Nippon Indosari Corpindo, Tbk. The company that has been acquired is PT. Prima Top Boga on January 24, 2018. The type of legal research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The purpose of this study is to find out the legal analysis of the delay in notification (acquisition) of PT. Prima Top Boga by PT. Nippon Indosari Corpindo, Tbk., to KPPU and knows the stages of notification and evaluation of MPU for the acquisition of a company. The results of this study show, PT. Nippon Indosari Corpindo, Tbk., Has been proven to be slow in notifying acquisition of KPPU as stipulated in Law No. 5 of 1999 jo. Government Regulation No. 57 of 2010. Business actors wishing to make notifications regarding acquisitions that result in assets and/or sales value exceeding the stipulated provisions are required to carry out consultations as well as notifications according to the stages available.
Juridical Analysis Among Special Confiscation At The Criminal Procedure Code And General Confiscation In Bankruptcy Law Adhi Setyo Prabowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Bankruptcy means all matters relating to bankruptcy. Since the opinion of bankruptcy towards the debtor must go through a litigation process through the examination phase, everything related to the bankruptcy event is called bankruptcy. According to M. Hadi Shubhan, bankruptcy is a place where debtors are unable to make payments on creditors' debts. The management and empowerment of bankrupt assets are carried out by the curator under the supervision of a supervising judge with the main objective of the proceeds of the sale being to pay all debtor debt expenses proportionally and in accordance with the creditor structure. The curator is not the owner of bankruptcy property. Curators can only rely on creditors and debtors who meet the requirements and tidy up bankrupt assets for the benefit of creditors. Criminal law and civil law are two laws that often intersect or intersect, including in the bankruptcy compilation law the confiscation of assets belonging to the debtor. In carrying out their duties, curators are often confronted by police investigators or prosecutors compiling with confiscation of freedom over the portion of debtor's bankrupt assets. Conflicts between the interests of the police and the Attorney General's Office to carry out responsibility for the interests of the curator to conduct general confiscation of bankruptcy still frequently occur in the field. Article 39 paragraph (1) and paragraph (2) of the Criminal Procedure Code seized by investigators including objects that are in confiscation due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of cases necessary. Article 39 Paragraph (2) of the Criminal Procedure Code gives the investigator legitimacy for confiscation of objects that have exceeded the general bankruptcy confiscation, as referred to in Article 39 paragraph (2) of the Criminal Procedure Code in conflict with Article 31 Paragraph (2) shall be made void and if requested by the Supervising Judge have to ask for a strike. This second article discusses clashes and difficulties in their application. One of the cases discussed was about general confiscation which was then confiscated by murder. Article 31 paragraph (2) of this UUK only covers in the realm of civil law and in accordance with the bankruptcy research event can be confiscated because of bankruptcy due to the pronouncement of bankruptcy by the judge, then all confiscation of bankrupt assets becomes invalid again. Article 39 Paragraph (2) of the Criminal Code states that objects in a bankruptcy case can be confiscated by investigators for the purpose of investigating, prosecuting and prosecuting court cases, therefore confiscation in legal proceedings must take precedence.

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