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Baiq Nurul Aini
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INDONESIA
Private Law
Published by Universitas Mataram
ISSN : -     EISSN : 16159857     DOI : https://doi.org/10.29303/prlw.v2i2
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Private Law merupakan Jurnal Fakultas Hukum Universitas Mataram yang pertama kali terbit di tahun 2021. Private Law menerbitkan artikel dari jurnal Mahasiswa S1 khususnya bidang Hukum Perdata. diharapkan kedepannya private law dapat ikut meningkatkan kualitas jurnal ke arah nasional maupun internasional dengan menerima tulisan dari penulis luar lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 520 Documents
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Perlindungan Hukum Terhadap Hak Pasien Pengguna Kartu BPJS Dalam Pelayanan Kesehatan Kurniawan, Heri; Kusuma, Rahmawati
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of this research is to determine the legal protection for the rights of patients using BPJS cards in health services and to understand the legal implications in case of violations of the rights of patients using BPJS cards in health services. The type of research used is prescriptive research. The research employs a legislative approach and a conceptual approach, historical approach. The data collection of legal materials technique used involves a literature study conducted through document analysis, research findings, work outcomes, and legal regulations, employing qualitative analysis methods. The results of the study indicate that legal protection for the rights of BPJS participant patients has been regulated in several laws, namely the Consumer Protection Law, the Medical Practice Law, the Health Law, and the Hospital Law. Thus, BPJS participants can claim compensation from hospitals as health service providers and/or health workers. If hospitals and medical personnel engage in discriminatory actions, the hospital as a health service provider or health worker can also be subject to criminal sanctions as regulated in Article 190 of Law Number 36 of 2009 concerning Health. Meanwhile, the accountability of hospitals and doctors who do not provide health services as determined by three criteria of responsibility: civil law, administrative law, and criminal law.
Analisis Putusan Pengadilan Negeri Mataram No.222/Pdt.G/2020/Pn Mtr Tentang Perbuatan Ingkar Janji (Wanprestasi) Dalam Pembayaran Sisa Hutang Atas Pembelian Hotel Lima Satu Rohmatullah, M. Romdhani; Fathoni, M. Yazid
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to determine the act of breaking promises (default) in paying the remaining debt for the purchase of the Lima One Hotel Case Number 222/Pdt.G/2020/Pn. Mtr. This type of research is normative law, with a Statute Approach, a Conceptual approach and a Case Approach. The dispute resolution process is carried out by billing the debtor first; if this is not successful, a summons warning letter will be issued. However, if it is still successful, a lawsuit will be filed at the Mataram District Court. The Judge's considerations in handing down a Decision on the Case of Broken Promise (Default) in Payment of the Remaining Debt for the Purchase of the Lima Satu Hotel are divided into 2 (two), namely Juridical considerations and Non-Judicial considerations.
Perlindungan Hukum Pengguna (Pelanggan) Provider XL Akibat Daur Ulang Nomor Seluler Sugiarta, Anya Putri; Munandar, Aris
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of the study is to determine the type of legal protection for users (customers) with the Provider PT. XL Axiata (business actor). This research is normative legal research. The research results show that consumers are disadvantageous to telecommunications service providers (Providers) as businessmen, so users (consumers) can make lawsuits against business actors. Businessmen are also required to provide compensation to consumers unless the provider can prove that the loss was not caused by their fault and/or their negligence. The process of resolving disputes and compensation between providers and customers can be done peacefully but is very difficult to do. Consumers have 2 (two) alternative dispute resolutions, dispute resolution which can be pursued through litigation or non-litigation based on the voluntary choice of the parties to the dispute.
Pelaksanaan Pengadaan Sumur Bor Oleh Cipta Karya Menurut Peraturan Presiden Nomor 12 Tahun 2021 Tentang Perubahan Atas Peraturan Presiden Nomor 16 Tahun 2018 Tentang Pengadaan Barang/Jasa Pemerintah: Studi Di Desa Wakan Kecamatan Jerowaru, Kabupaten Lombok Timur Jorgi, Tomas; Wagian, Diangsa
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to determine the procedures for procuring goods/services by the government through service providers and to discover the obstacles/obstacles to its implementation. This research focuses on procuring drilled wells in Wakan Village, Kec. Jerowaru, Kab. East Lombok, with empirical research, takes data from the field and analyzes it qualitatively. This research shows that procurement facts in the field still need to be improved because implementing this procurement is not under existing regulations. This procurement is also not under Presidential Regulation No. 12 of 2021 concerning Amendments to Presidential Regulation No. 16 of 2018 concerning implementing Government Procurement of Goods/Services. This procurement is also not under the agreement’s procurement principles, ethics, and general principles. In procuring government goods/services in the form of drilling wells, researchers found obstacles/obstacles in implementation, namely, lack of water resources, lack of technological sophistication, and geographical location.
Pengaturan Perjanjian Kawin Di Negara-Negara Berbasis Civil Law Hariani, Widika Shepia; HS, Salim
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The objective of this study is to examine the regulation of marital agreements within the legal systems of Indonesia, the Netherlands, China, and Germany. The research methodology employed is normative legal research with a focus on statutory, conceptual, and comparative approaches. The findings indicate that in Indonesia, marital agreements are governed by Law Number 1 of 1974 concerning Marriage, in conjunction with Constitutional Court Decision Number 69/PUU-XIII/2015, as well as the Compilation of Islamic Law. In the Netherlands, marital agreements are regulated in the Dutch Civil Code, Articles 1:114 to 1:148. In China, regulations can be found in the Chinese Civil Code, Article 1046. Meanwhile, in Germany, regulations are stipulated in the German Civil Code, Articles 1415 to 1449.
Perlindungan Hukum Bagi Penyewa Lahan Di Kawasan Ex PT Gili Trawangan Indah (GTI) Ananta, Dea Melinda; Wahyuddin, Wahyuddin
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to determine legal protection for land renters in the Ex PT Gili Trawangan Indah (GTI) area. Furthermore, it determines the pattern of control by the community on the land of Ex PT Gili Trawangan Indah (GTI). The research method used in this research is an empirical legal research method. The research results determine that legal protection given only to tenants of Ex PT Gili Trawangan Indah (GTI) land who have good intentions, parties who do not have good intentions are not appropriate and have legal reasons to obtain legal protection, because the rental agreement executed without honesty, and there is no good faith on the part of the lessor or the lessee and the agreement cause legal consequences in the form of the cancellation of the rental agreement. The land control pattern by the community on the Ex PT Gili Trawangan Indah land is individual control, not in a communal form.
Efektivitas Sumber Daya Manusia Kesehatan Terhadap Pelayanan Kesehatan Masyarakat Di Puskesmas Babakan Kota Mataram Berdasarkan Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Rizqia, Dinda Ayu; Hamzah, Any Suryani
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of the study is to determine the effectiveness of health human resources in public health services at the Babakan Community Health Center, Mataram City based on Law Number 17 of 2023 concerning Health, and to determine the obstacle factors Health Human Resources from providing health services at the Babakan Community Health Center. The type of research is empirical legal research which analyzes the gap between what ought (das sollen) in Law Number 17 of 2023 concerning Health and the facts that occur in the field (das sein). Based on the result of the study, shows that The effectiveness of Health Human Resources in Public Health Services at the Babakan Community Health Center has not been effective, because the number of medical personnel and health workers is still insufficient, so there are often long queues of patients for treatment at the Babakan Community Health Center. Consequently, the Community Health Center often receives complaints from patients regarding the long queues for health services at the Babakan Community Health Center, the factors inhibiting the Effectiveness of Health Human Resources in Community Health Services at the Babakan Health Center, Mataram City Based on Law Number 17 of 2023 concerning Health general factors legal factors, service factors, community factors. Specific factors unequal distribution of health workers, slow service system.
Analisis Putusan Pengadilan Nomor 1815/K/Pdt/2021/PN.SBY Tentang Kelalaian Tenaga Medis Yang Mengakibatkan Cacat Bagi Pasien Berliana, Putri Rizky; H. Arba
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The aim of this research is to find out how to resolve disputes that occur when a doctor makes a mistake, causing disability for the patient, and the form of responsibility that the doctor must take when it is proven that he was wrong in carrying out treatment on his patient. The type of research used in this research is normative, this research focuses on statutory regulations and literature studies, so that primary legal materials become the main legal materials while secondary materials become supporting legal materials. The results of the research are dispute resolution regarding errors made by doctors which result in disability for their patients through litigation or court. The patient asks for justice for himself through the demands he submits. The form of responsibility of a doctor who is proven to have made a mistake in treating a patient is in the form of compensation and a fine that must be paid by the doctor, as well as the doctor admitting that he made a mistake during the first operation he performed on the victim's eye and writing a letter of apology.
Tinjauan Yuridis Pembagian Waris Anak Diluar Nikah Berdasarkan Hukum Waris Islam Dan KUHPerdata Damayanti, Windi Etika; Sahruddin, Sahruddin
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of the study is to determine the inheritance rights of illegitimate children based on Islamic Inheritance Law and Indonesia Civil Code Inheritance Law and to find out the similarities and differences in the distribution of inheritance property to illegitimate children in Islamic Inheritance Law and Civil Code Inheritance Law. This research is the normative legal research method. The types of legal materials are primary, secondary, and tertiary legal materials. The results of this research explain the inheritance rights of illegitimate children according to Islamic Inheritance Law and the Inheritance Law of the Indonesia Civil Code; And reveal the similarities and differences in the distribution of inheritance of illegitimate children according to Islamic Inheritance Law and Indonesia Civil Code Inheritance Law.
Kedudukan Hukum Perkawinan Dengan Adanya Pemalsuan Identitas Dalam Perkawinan Restu Pertiwi, Yulinda; Fatahullah, Fatahullah
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The purpose of the study is to determine the legal validity of marriage in the presence of identity falsification in marriage and to determine the validity and legal consequences of identity falsification in same-sex marriages. This type of research is normative legal research. The types of legal materials use primary, secondary, and tertiary legal materials. The results of this study that the legal validity of marriage in the presence of falsification of identity in marriage, namely that the marriage is considered invalid. So if a marriage occurs between people of the same sex, the legal consequence for that marriage is null and void.

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