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INDONESIA
Veteran Justice Journal
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Arjuna Subject : Ilmu Sosial - Hukum
Articles 59 Documents
Implementation Of Health Law In Medical Accident Cases By Medical Personnel And Health Personnel To Patients Rahayu, Tasmi; Permatahati, Vita Setya; Santoso, Aris Prio Agus
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : VJJ

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Abstract

Health has a very important element in a country's progress. Each country seeks to give primary attention to health services, starting from the provision of professional health workers to modern health facilities. Health law basically regulates the rights, obligations, functions, responsibilities of the parties involved in the health sector, and provides certainty of legal protection to recipients and providers of health services. This study aims to determine how the legal protection of patients, doctors and health workers in cases of medical accidents and the legal liability of health care facilities in cases of medical accidents. Medical accidents are unexpected and unexpected events, and there is no more intentional element in the form of planning. This research method uses a sociological juridical approach with primary and secondary data collection. Based on the research results obtained that from some of the answers to the questionnaire there must be full attention to error prevention and patient safety. Encourage patients to play an active and involved role and provide information to the health team. The aim is to highlight specific improvements in patient safety and current problem areas in healthcare. From the results of the study that criminal responsibility is imposed on health workers who make mistakes when carrying out health services/treatments/medical actions in hospitals. Health is regulated in Law No. 36 of 2009, in which there are medical personnel and other health workers. Health worker is every person who devotes himself to the health sector and has knowledge and or skills through education in the health sector which for certain types requires the authority to carry out health efforts.
Application of General Principles of Good Governance in Law No. 30 of 2014 as Guidelines in Implementing the Authority of Discretion by Government Officials in Indonesia Najicha, Fatma Ulfatun
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : VJJ

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Abstract

This research was conducted with the aim to find out how the discretionary authority of Government officials based on Law No. 30 of 2014 concerning Government Administration and how the Implementation of General Principles of Good Governance (AUPB) within the discretionary authority of Government officials based on Law No. 30 of 2014 concerning Government Administration. By using the normative juridical research method, it is concluded: 1. Discretion is a decision or action determined or carried out by a government official to overcome concrete problems encountered in the administration of government in terms of laws and regulations that provide choice, not regulate , incomplete, or not clear, or government stagnation. In accordance with Law No. 30 of 2014 concerning Government Administration for its use discretion is used primarily because; first, an emergency that makes it impossible to apply written provisions; second, there are no or no regulations goingverning it; third, there are rules but they are vague or multiple interpretations. Freedom of discretion is freedom of administration which includes freedom of administration (interpretatieverijheid), freedom of consideration (beoordelingsvrijheid), and freedom to take policy (beleidsvrijheid). 2. General Principles of Good Governance is a way that directs and maintains the use of government authority in order to remain controlled from the abuse of power of government officials. This shows that the legal relationship between discretionary authority and General Principles of Good Governance (AUPB) is the General Principles of the Government.
Inclusive Politics For Persons With Disabilities: Gus Dur’s Experience in Building Inclusive Democracy in Indonesia Fikri, Abdullah
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : VJJ

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Abstract

Many believe that the reformation era of Indonesia, in the post of 1998 political upheaval, has brought Indonesia to be a democratic country, where all citizens disregard their gender, ability, ethnicity and religious status, enjoy freedom, equal right and social justice. People with disabilities is one of the groups experiencing discrimination and marginalization in Indonesia's social and political domain. While this situation continues to happen until now, the reformation era has been seen as opening the door for people with disabilities to start voicing their aspirations and enjoy wider social and political participation. Drawing from the political career of Abdurahman Wahid, widely known as Gus Dur, this paper argues that despite the promise of democracy, the position of people with disabilities in Indonesia's political context is not necessarily secure. The presidential election 1999 and 2004 followed by the 2008 election bill showed that disability was a bargaining chip for political position; it was defined differently according to the political interest of political parties. The election of Gus Dur as president in 1999 was due to the acceptance of political parties widely known as Central Poros -- as Gus Dur supporters --toward his “disability”. Such an inclusive democracy was then shattered in the 2004 election when Gud Dur's visual impairment was seen as his inability to meet the requirement of physically and mentally health (physically and mentally health), one of the eligibility for candidacy. Gus Dur was not re-elected. Such a rejection toward Gus Dur's disability lead and his team to advocate disability issue in Indonesian political policies and practices. The result is the 2008 election policy which formally stated that disability is not supposed to be seen as physical or mental condition incompatible with the criteria of physically and mentally healthy .The paper argues that democratic and political inclusion can never be achieved without the right understanding of disability, as well as the legal guarantee of political and social right of person with disability in Indonesia political sphere.
Legal Relationship and Rights Fulfillment of Salt Pond Workers / Laborers in Sumenep Regency R, Risqi Septia Ananda; Lutfillah; Dawairoh; Fatoni, Syamsul
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i1.36

Abstract

Sumenep Regency has thousands of hectares of land used as salt ponds. Therefore, many people in Sumenep make a living as salt farmers. The salting process is carried out by salt farmers independently or in groups, also by PT Garam. The status of salt farmers is seen from the number of Madura salt production actors consisting of owner farmers and sharecroppers or mantong. There is an interaction between parties which may consist of landowners and salt farmers/mantong as well as workers/laborers who work at PT. Garam forms a legal relationship. In this legal relationship, there are differences in the systems used by the parties, such as employment relationships and partnership relationships, so this becomes an ambiguity regarding the status and rights of the workers. This article explores the following research questions: how is the legal relationship between salt pond workers in Sumenep Regency and have the rights of salt pond workers in Sumenep Regency been fulfilled? The purpose of this study is to find out the legal relationship of salt pond workers in Sumenep Regency and to find out whether the rights of salt pond workers in Sumenep Regency were fulfilled. The research type is empirical research and the approach used was empirical juridical. The results of this study are the effectiveness of statutory policies regarding clarity of worker status and the fulfillment of the rights of salt pond workers.
Protection Of Post-Placement Indonesian Migrant Workers In Sampang Regency Rosanawati, Resa; Ilhami, Fahri Nur; Prasetya, Ferry Wahyu; Rahayu, Devi
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i1.37

Abstract

Protection of Indonesian Migrant Workers is an obligation of the state and also of the Government were to fulfill the rights of citizens, this protection does not only include during pre-placement and during placement but also post placement. Law No. 18 of 2017 concerning the protection of the migrant workers' placement is a legal umbrella that was formed to fulfill the rights of Indonesian Migrant Workers. As stated in Article 28 D paragraph 3, it reads that every citizen has the right to get a decent job. Where it is concluded that every citizen has the right to work abroad as well as its protection. The Covid-19 impact is very detrimental to PMIs, especially in terms of PMIs repatriation. The problem in this research is how to implement the protection of post-placement migrant workers. This research is an empirical research or approach research to society and the approach used is a fact approach. The results of this study examined the effectiveness of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers regarding the protection of Post-placement Migrant Workers.
Mut'ah Marriage Position In The National Law System And Islamic Law Yakin, Ainul
VJJ Vol. 3 No. 2 (2022): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i2.38

Abstract

This article examines the position of mutáh marriage in the national legal system and Islamic law. The background of this study departs from the many phenomena in society regarding the practices of mutáh marriage. Therefore, this article seeks to raise the legal status of mutáh marriages both in terms of legislation and in terms of Islamic law. In-Law No. 1 of 1974 it is stated that one of the conditions for a valid marriage is that it must be recorded in state documents. Likewise in Islamic law that one of the goals of marriage is a form of actualizing the perfection of religion and carrying out the sunnah of the Prophet.
Equitable Partnership Arrangements for MSMEs During The Pandemic Utomo, Setiyo; Pribadi, Deny Slamet
VJJ Vol. 3 No. 2 (2022): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i2.39

Abstract

MSMEs are one of the most reliable drivers of the Indonesian economy. In carrying out Cooperation, MSMEs enter into partnership agreements with prominent business actors so that there will be legal consequences for the agreement. The COVID-19 pandemic period provides separate arrangements for implementing MSMEs so that they can survive during the COVID-19 pandemic. MSMEs, in this case, can be proven from employment and as a source of state income and reduce the number of poor people. The problem in this research is how to implement partnership arrangements for MSMEs during the pandemics and how to arrange partnerships for MSMEs from a business competition perspective. This study examines and analyzes the implementation of partnership arrangements for MSMEs from the perspective of business competition. This study certainly explains the factors and impacts of the COVID-19 pandemic for MSME actors who carry out partnership agreements with prominent business actors who can provide justice.
Covid-19 Medical Waste Management in the Perspective of Environmental Law Purwanto, Aldira Mara Ditta Caesar; Apriyani, Maria Novita
VJJ Vol. 3 No. 2 (2022): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i2.40

Abstract

Proper disposal of medical waste is one of the most important things in dealing with the Covid 19 pandemic. Over the last two years, the large number of Covid-19 cases caused by Delta and Omnicron variants has also led to an increase in medical waste generated by the use of masks and other personal protective equipment. This leaves homework for all of us, not just the government. This medical waste is generated not only in medical facilities but also in communities and homes. The waste in this pandemic is classified as Hazardous Waste and Toxic Waste (B3) and may be classified as Infectious Waste. The purpose of this study is to study the management of medical waste related to Covid19 from an ecological point of view so that it can effectively reduce the accumulation of waste that may have a natural impact on health promotion. Is to do. This investigation is a doctrinal/normative legal investigation that uses a legal approach. The data was collected through literature reviews and qualitatively analyzed. As a result of this study, the management of COVID-19 medical waste is regulated, and the treatment of medical facility waste and household waste is different. The purpose of this regulation is to reduce the increase in the amount of waste that can affect the environment and public health.
Urgency Of Waste Import Regulations For Communities In East Java Purwanto, Aldira Mara Ditta Caesar; Aryani, Maria Indira
VJJ Vol. 4 No. 1 (2022): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v4i1.41

Abstract

Currently, waste management is a big problem, not only in Indonesia but also throughout the world. Especially after the People's Republic of China (PRC) changed its solid waste import policy on July 18, 2017. The issuance of the National Sword policy aims to limit and tighten imports of plastic waste. The impact of the PRC's policy change is an increase in the flow of waste imports to Indonesia, thus placing Indonesia as a "Plastic Waste Emergency" country. To overcome this problem, Indonesia already has several regulations and laws related to waste imports. The application of waste import rules that are not strict causes losses for local communities in East Java and Surabaya. This study then aims to find out that the import of waste has an impact not only on the environment but also on the political economy and the efforts made by the local government to overcome it. This study uses social research methods based on a qualitative descriptive approach. This study also uses field research methods to obtain data directly from the research object area. There are four data collection techniques, namely observation, questionnaires, Focus Group Discussion (FGD), and documentation. The research subjects chosen were the people of Bangun Village, Mojokerto, and several regional (local) policy-making bodies in Surabaya and East Java. This study will also use a non-random sampling technique, with the selection of samples using purposive sampling. Field data collection will be carried out using interviews conducted directly with the informants using interview guidelines.