Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
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770 Documents
PENYELESAIAN SENGKETA MEDIS KESALAHAN DIAGNOSIS
Metha Dian Puspa Nasawida;
Siti Hatika Sari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher
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DOI: 10.53363/bureau.v2i1.12
Misdiagnosis or wrong diagnosis means that a person is given a diagnosis of a certain disease but does not actually experience the disorder. Not only in Indonesia, this also often happens abroad. Similar terms and conditions are termed pit fall diagnosis, overdiagnosis or misdiagnosis. Methods This research uses empirical normative legal research. MKEK only decides on the ethical issue of the medical profession, considering its capacity which is not a medical court institution that is legally authorized to decide whether a misdiagnosis is classified as medical malpractice or medical negligence. At best the MKEK can only provide a statement whether a doctor who made a misdiagnosis has taken medical action in accordance with the legislation, in this case the Health Law, KODEKI and existing Medical Professional Standards or not
PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERUSAKAN SEPEDA MOTOR
Lukmanul Hakim;
Okta Ainita;
Justicia Tessalonika Panjaitan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher
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DOI: 10.53363/bureau.v2i1.13
The act of destruction of goods in this case is a motorcycle is one form of lawlessness, which is regulated in Article 406 paragraph (1) of the Criminal Code. The problem is how criminal accountability for the perpetrators of motorcycle destruction and how the judge's consideration in the enforcement of the verdict against the perpetrator of the motorcycle destruction crime. Data collection is based on literature studies and field studies, while data processing is done by editing methods, classification and systematization of data, then analyzed using qualitative analysis. The results of the study showed that criminal liability against the perpetrators of motorcycle destruction crimes has been proven legitimately and convinced guilty of committing criminal acts of destruction and criminally convicted defendants therefore with a prison sentence of 1 (one) year each and the basis of the judge's consideration in the enforcement of the verdict against the perpetrator of the crime of bicycle destruction, among others, evidence, Witness statements, expert testimony, indictments and demands of the Public Prosecutor, elements that meet in the Prosecutor's Indictment, as well as incriminating and mitigating matters in the accused
PERLINDUNGAN HUKUM PADA HUBUNGAN KERJA PENAHANAN IJAZAH SEBAGAI OBJEK JAMINAN ANTARA PERUSAHAAN DAN PEKERJA
Agung Wibowo Purnomo Panotogomo;
Sugeng Hadi Poernomo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.14
This study focuses on legal protection in the employment relationship of diploma detention as an object of guarantee between the company and the worker. workers are potentials who are already bound by a working relationship with the entrepreneur by receiving wages or other forms of remuneration. A company is a person who has a place for an activity to produce services or goods in any form, it can also be referred to as an institution or organization that manages together for profit or profit. The purpose of this research is to protect workers whose diplomas are held by the company based on Law No. RI. 13 of 2003 concerning Manpower. To find out and analyze how the legal protection for workers whose diplomas are withheld by the company and To find out and analyze how the legal protection for workers is if the company continues to withhold diplomas after a dispute resolution decision is made. This research method is a type of normative law. This research itself has used the statutory approach method and then also used the conceptual approach method. The results of this study indicate that the protection or rules for workers whose diplomas are held by the company. provide a benefit to the community, as well as become input for the government or the authorities in their field
KONSEPSI RESTORATIVE JUSTICE SEBAGAI UPAYA PENYELESAIAN TINDAK PIDANA LALU LINTAS POLRES MAJENE
Muh. Ikbal Sauqi;
Akhdiari Harpa Dj
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.15
The problems studied in this paper are about how to apply the concept of restorative justice in the case of traffic accidents in the majene police jurisdiction and how to account for the concept of restorative justice in the case of traffic accidents in the jurisdiction of the Majene Police The method used in the writing of this ilimiah work is a joint research method is a procedure for data collection, Data analysis, by sequential use of quantitative and qualitative methods or vice versa, in gaining a deeper understanding of the main problem. through normatuf legal research approaches and empirical legal research. The purpose of this study is to find out and understand how the concept of Restorative justice is implemented in the case of traffic accidents in Majene Police and how criminal accountability in traffic accident cases. Based on the results of the research, it can be concluded that the Concept of Restorative Justice is expected to be an alternative step for the political policy of legislation to solve problems in criminal law. Because, the policy of legislation that in principle is a policy to determine the direction and strengthen the politics of national law. Thus, the policy of such legislation must reflect the legal values that develop in society. With the implementation of Restorative Justice there are several foundations of thinking as mentioned above, the criminal justice system and prosecution are expected to provide the right direction in order to provide justice for the community with the aim of creating community welfare
PERLINDUNGAN HUKUM TERHADAP PRODUK USAHA MIKRO KECIL DAN MENENGAH TERKAIT MEREK YANG TIDAK TERDAFTAR DI INDONESIA
Tasya Ramadhani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.16
The research objective is to offer protection for Micro, Small and Medium Enterprises products that are not registered with the Director General of Intellectual Property Rights. Using normative research based on the Legislative Approach and Conceptual Approach. Through this research the author offers the importance of brands in Micro, Small and Medium Enterprises and the protection of a product of Micro, Small and Medium Enterprises that has not been registered. There are a lot of Micro, Small and Medium Enterprises in Indonesia, moreover Micro, Small and Medium Enterprises in Indonesia are very influential in the Indonesian economy. Not only developing domestically, but Micro, Small and Medium Enterprises in Indonesia are also very developed abroad. The number of Micro, Small and Medium Enterprises in Indonesia has also led to the emergence of many products and brands. One Micro Small and Medium Enterprise with another Micro Small and Medium Enterprise may not have the same brand name. If there is a problem then in this case it will be a problem who first uses the brand name. The Constitutive System in Indonesia lacks legal certainty regarding trademark rights, in Indonesia it should use legal protection "Proving that the mark has been used in trade activities" and "Willing to be used in trading activities". And Micro, Small and Medium Enterprises must know how important the mark is to get a protection and the government must socialize the registration of the mark
TINJAUAN YURIDIS PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ATAU MUSIK MENURUT PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU DI INDONESIA
Tanu Iswantono;
Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.17
Songs and musics are a creation of human being that being protected by the law. This protection is made for giving welfare for certain people that created the songs or musics, in economics or non-economics ways. For those, Indonesian government make some rules, from the very beginning like Undang-Undang Dasar Negara Kesatuan Republik Indonesia 1945 until the specific ones like Peraturan Pemerintah No.56. These rules also supported by many norms such as Peraturan Kementrian Hukum dan HAM, and the other positive law which exist in Indonesia. The purpose of this efforts is to decrease uncertainty law about songs and musics sharing profit in Indonesia
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA MIKRO TERKAIT KEBIJAKAN PPKM
Isyak Pancoro Putro;
Sugeng Hadi Purnomo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.18
This emergency situations cause of covid 19 spreading threat makes government close many kinds of work. Those policy affecting labour income decrease. for that, government must take responsibility in order to fulfilling the daily needs of the labour. this article will talk and give advice to government what should they do
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PEREDARAN KOSMETIK ILEGAL SECARA ONLINE
Rizal Satria Heryansyach;
Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.19
Cosmetics are always favored by women, even from generation to generation there has never been a dim. Always needed in every appearance, even now cosmetics have become a basic need for women. In reality, cosmetics are products that must have a permit, the legality of which is a dead product. However, in fact not all cosmetics have this. In the end, it causes many problems that arise and are even considered detrimental to consumers and end compensation, etc. Consumers can take refuge behind the Consumer Protection Act, because every consumer is given a legal certainty and is guaranteed a sense of justice, security, etc. in the eyes of the law. Everything is interrelated. Not only selling and buying, but the BPOM permit is also very important considering that cosmetic products are not allowed to be circulated. Must go through many stages to finally be given a permit for a product fit for circulation, and must also comply with the applicable provisions regarding the product. Even though they do not directly meet with consumers, the obligations of business actors must also be carried out if they have entered the realm of trading, especially online/electronically
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KERUGIAN AKIBAT MEMBELI DAGING SAPI GLONGGONGAN
Nuril Anwar;
Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.20
The rampant circulation of glonggongan beef causes losses for consumers because they get a discrepancy in the quality of the beef so that it has an impact on the health and safety of consumers when consuming glonggongan beef. This study will examine the form of protection for consumers and the form of government responsibility related to the sale of glonggongan beef in traditional markets. This study uses a normative method, with a statutory approach and a conceptual approach to answer the formulation of the problem in this study. Based on the results of the research, the form of legal protection for consumers for quality discrepancies in glonggongan beef is in the form of compensation which includes products, treatment costs, medical costs and criminal prosecution. This form of legal protection for consumers is regulated in Article 19 of the Consumer Protection Law concerning the accountability of business actors and Article 8 of the Consumer Protection Law concerning prohibitions for business actors. In terms of the government's responsibility regarding the circulation of glonggongan beef, efforts are made to overcome it either with criminal law (Penal Efforts) or without criminal law (Non-Penal Efforts). In the penal effort, dispute resolution efforts are carried out through the courts by carrying out administrative and criminal prosecutions. In addition, the penal effort can also be carried out out of court through BPSK or LPKSM with 3 (three) settlement procedures, namely Conciliation, Mediation and Arbitration. Meanwhile, Non-Penal Efforts carried out by the government as a form of responsibility are by conducting outreach or outreach to the community, raids with other law enforcement officers, taking firm action and tightening supervision in the upstream sector, namely slaughterhouses
ANALISIS AKUNTANBILITAS PENGELOLAAN ALOKASI DANA DESA: Studi di Desa Tanjung Aur Kecamatan Tanjung Kemuning Kabupaten Kaur
Hernowo Noviyanto;
Enlye Mariza
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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DOI: 10.53363/bureau.v2i1.21
This research aims to analyze the accountability of village fund allocation management in tanjung aur village of Tanjung Kemuning subdistrict. Because in the management there is still a lack of knowledge of the village apparatus for proper regulation. This research is included in descriptive qualitative research with reference to the accountability indicators of Mahsum et al (2004: 50). This research was conducted in Tanjung Aur Village, Tanjung Kemuning Subdistrict, speakers from the Village Head, Chairman of BPD, Village Treasurer, Village Secretary and Community Leaders and Two community people. Data collection techniques are carried out with observations, interviews, documents and Field Records. Then the data is analyzed qualitatively. The results showed that add management accountability has been categorized optimally, but one indicator is an indicator of financial accountability that is still not maximal. The Subdistrict Team should not only verify the course of ADD in the Village, but it is good for the sub-district team to follow up (review) the work of the ADD implementation team, procedures and implementation have been assessed well, seen from the use of ADD intended for the development and empowerment of tanjung Aur village community