i-Latinnotary Journal: Internasional Journal of Latin Notary
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<![CDATA[JURIDICAL REVIEW OF REPATRIATION AND BURIAL OF SUSPECT, PROBABLE, AND COVID-19 CONFIRMATION CASES ]]>
<![CDATA[Olga Indah Suci]]>;
<![CDATA[Herlina Manullang]]>;
<![CDATA[Kartina Pakpahan]]>
<![CDATA[ International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v1i2.28
<![CDATA[Covid-19 is transmitted through close contact and droplets. People who are most at risk of infection are in close contact with Covid-19 patients or who care for Covid-19 patients and mortuary staff. For this reason, regulating criminal acts, mechanisms, and legal sanctions to the perpetrators of curing and burying the bodies of suspected, probable, and confirmed cases of Covid-19 that are not following the procedures will be discussed in this thesis research.]]>
<![CDATA[JURIDIC ANALYSIS OF INDEPENDENT COMPANY ESTABLISHMENT POST GOVERNMENT REGULATION NUMBER 8 YEAR 2021 ]]>
<![CDATA[Elvira Fitriani Pakpahan]]>;
<![CDATA[Tommy Leonard]]>;
<![CDATA[Syahruddin Nasution]]>
<![CDATA[ International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v1i2.29
<![CDATA[Abstract An individual company is a business entity that is a legal entity and is independently providing a glimmer of hope for the community in the form of convenience in the establishment, change, revocation of the company, and the legality of an individual company. In article 1 number 1 of Government Regulation Number 8 of 2021 it is stated that individual legal entities meet the criteria for micro and small businesses as stipulated in article 2 paragraph 1 letter b that the establishment of an individual company can be established by 1 (one) person by taking legal action in the form of making an electronic statement of the establishment to the minister, research problems on how to change the company, dissolution of an individual company after Government Regulation Number 8 of 2021, what is the legality and position of a sole proprietorship after Government Regulation Number 8 of 2021.]]>
<![CDATA[LEGAL PROTECTION FULFILLMENT OF PATIENT RIGHTS TO THE IMPLEMENTATION OF INFORMED CONSENT IN SECTIO CAESARRIAN PATIENT ]]>
<![CDATA[OK Isnainul]]>;
<![CDATA[Ronal Hasudungan Sianturi]]>;
<![CDATA[Nurhasmi Nurhasmi]]>
<![CDATA[ International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.30
<![CDATA[The issue of patient rights in relation to medical decisions is an important consideration that often does not receive much attention. The law has long recognized the right of individuals to self-determination. The core part of these rights is the right to accept or refuse medical treatment as outlined in the informed consent. The purpose of this study is to analyze: 1) the rights of sectio caesarea patients in Informed Consent, 2) legal responsibility for the absence of informed consent in sectio caesarea patients, 3) legal protection of sectio caesarea patient. This type of research is using normative juridical research and empirical juridical research. Data analysis in this study is inductive. The results of the legal study of this study were obtained: 1) Sectio caesarea patients' rights in informed consent are seen when the patient is given sufficient information about his treatment in terms of diagnosis and medical procedures, the purpose of the medical action taken, other alternative actions and risks, complications that may occur, the prognosis of the action taken, including the benefits. and disadvantages of each alternative therapy and can be expanded with additional information so that the patient participates appropriately in the effort to cure the disease; 2) Legal responsibility for the absence of informed consent in sectio caesarea patients is that doctors who take medical actions can be equated with acts of negligence so that they can be punished according to the applicable laws and regulations; 3) In general, patients are protected by the Law of the Republic of Indonesia Number: 29 of 2004 concerning Medical Practice and Law of the Republic of Indonesia Number: 36 of 2009 concerning Health. Normatively, patients must be treated in accordance with these provisions, patients must be treated as subjects who have a major influence on service outcomes and not just objects. Negligence of medical personnel must be normative and not physically or psychologically because it will be difficult to know the real inner state of the sectio caesarea patient.]]>
<![CDATA[IMPLEMENTATION OF THE IMPOSITION OF RESTRICTIONS ON EMERGENCY COMMUNITY ACTIVITIES FOR CORONA VIRUS DISEASE (PPKM) IN RELATION TO POSITIVE LAW IN INDONESIA ]]>
<![CDATA[Elvira Fitriani Pakpahan]]>;
<![CDATA[Tommy Leonard]]>;
<![CDATA[Darwis Darwis]]>
<![CDATA[ International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.31
<![CDATA[This study aims to analyze the legal basis for implementing Emergency PPKM and sanctions if the community violates Emergency PPKM. This research is a type of normative juridical law research. To obtain the data needed in this study, literature research was used and then analyzed qualitatively by collecting primary, secondary and tertiary legal materials related to research. Based on the results of data analysis, the results obtained: The legal basis for implementing Emergency PPKM based on the perspective of the Government of the Republic of Indonesia is the Law of the Republic of Indonesia Number: 4 of 1984 concerning Outbreaks of Infectious Diseases in Article 1 to Article 6 while sanctions are regulated in Article 14 paragraph (1) to paragraph (3) and the Law of the Republic of Indonesia Number: 6 of 2018 concerning Health Quarantine in Article 9 while sanctions are only given to the captain, pilot captain and person in charge of land transportation with the overall implementation regulated in government regulations where government regulations are statutory regulations determined by the President to carry out the law properly, The benefits of the Emergency PPKM being implemented are to suppress the spread of the covid-19 virus in certain activities or in non-essential activities as a form of follow-up to the direction of the President of the Republic of Indonesia because people do not understand the importance of implementing health protocols so that there is an increase in people exposed to the corona virus every day, The sanctions given if the public violates the Emergency PPKM do not have a strong legal basis and the issuance of the Instruction of the Minister of Home Affairs is not appropriate because Indonesia is still in a state of emergency based on Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency so that emergency handling must refer to Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency or through a Government Regulation.]]>
<![CDATA[REVIEW JURIDICAL REDISTRIBUTION OF LAND TO THE OBJECT OF LAND IN THE DISTRICT DELI SERDANG ]]>
<![CDATA[Willy Tanjaya]]>;
<![CDATA[Yusriando Yusriando]]>;
<![CDATA[Djevin Septry Liesaputra]]>
<![CDATA[ International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.33
<![CDATA[For the State of Indonesia the land is a gift from God Almighty as well as national wealth Land in an agrarian society has a very important positions so it is very necessary for the state and society to mak e the best use of th e land for the welfare of the people for their survival Therefore this discussion is very interesting to study This research is: analyzing the laws and regulations concerning the redistribution of land objects in Indonesia analyzing the implementation of redistribution land object in Deli Serdang Regency analyzing the obstacles experienced in land redistribution for land objects in Deli Serdang Regency Can provide benefits for the development of legal science especially regarding Land Redistribution in Indonesia Practical Benefits is expected to provide useful information useful for the community/readers and Notaries in carrying out their duties related to Land Redistribution of Land Objects in Indonesia Indonesia The theoretical framework used is legal certainty namely providing legal certainty to individuals with the aim of protecting individuals from the arbitrariness of the government or other legal entities.]]>
<![CDATA[LEGAL POLICY ON SIDE EFFECT OF THE COVID-19 VACCINE ACCORDING TO HEALTH LAW ]]>
<![CDATA[Yusriando Yusriando]]>;
<![CDATA[Willy Tanjaya]]>;
<![CDATA[Ramanathan Ramanathan]]>
<![CDATA[ International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.34
<![CDATA[Health of the Republic of Indonesia Number: 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the Corona Virus Disease 2019 (Covid19) Pandemic which refers to Law Number: 36 of 2009 concerning Health , Law Number: 4 of 1984 concerning Outbreaks of Infectious Diseases and Law Number 6 of 2018 concerning Health Quarantine. According to the regulation of the minister of health that vaccination is carried out at health facilities, however, vaccination can be carried out outside health facilities; The government's responsibility for the side effects of the covid-19 vaccine has not yet been seen in the community so that it has the impact of refusing vaccination because the most fatal side effect of the covid-19 vaccination is that it can cause death apart from concerns about the halalness of the covid-19 vaccine In addition, there is no specific rule regarding compensation as referred to in the existing regulations for people who die after being vaccinated;The legal impact if the community refuses to be vaccinated can be given sanctions based on the Regulation of the Minister of Health of the Republic of Indonesia Number: 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the 2019 Corona Virus Disease (Covid19) Pandemic which is linked to Article 14 paragraph (1) of the Republic of Indonesia Law Number: 4 1984 concerning Outbreaks of Infectious Diseases, but the narrative of the article in question is not in line with the intention of refusing vaccines so that it can lead to multiple interpretations in enforcing sanctions on people who refuse to be vaccinated.]]>
<![CDATA[THE CONCEPT OF IMPLEMENTATION CREDIT AGREEMENTS THROUGH ONLINE MEDIA IN LEGAL PERSPECTIVE ]]>
<![CDATA[Azharuddin Azharuddin]]>;
<![CDATA[Elvira Fitriani Pakpahan]]>;
<![CDATA[Riris Swastriona Purba]]>
<![CDATA[ International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.35
<![CDATA[The Indonesian state’s philosophical foundation is Pancasila (Five principles) and The 1945 Constitution which guarantees and provides legal protection for all Indonesian people. The provision of credit to debtors is contained in a credit agreement with a legal basis that still refers to Article 1320 of the Civil Code. Credit Agreement in banking is a standard agreement or standard with clauses determined by the bank. Legal subjects are creditors and debtors, namely individuals, business entities and legal entities. The notary has the authority to make an authentic deed for the parties who need it in terms of proof. There are two legal powers of proof in an authentic deed, namely formal and material. The granting of credit between the creditor (bank) and the debtor will be stated in the deed. The process of binding credit or implementing a credit agreement at a bank will require the services of a Notary and Land Deed Maker (PPAT) in binding debtor credit guarantees which will be adjusted to the provisions of each bank in the bank's operational standards for each credit facility and credit limit given to individual debtors, business entities and legal entities. The terms of implementing the credit agreement have not regulated offline media or online media and how the protection is provided to banks and debtors if the credit agreement is made online and the role of the Notary/PPAT as a general official in supporting the online credit agreement implementation process.]]>
<![CDATA[BARRIERS TO THE IMPLEMENTATION OF INTERNAL REGULATIONS OF RSUD DR. R.M DJOELHAM BINJAI IN REALIZING GOOD CLINICAL GOVERNANCE IN 2021 ]]>
<![CDATA[OK Isnainul]]>;
<![CDATA[Kartina Pakpahan]]>
<![CDATA[ International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i1.36
<![CDATA[The purpose of this study was to analyze: rules and regulations related to internal regulations in RSUD Dr. R.M. Djoelham Binjai, rules and regulations related to the implementation of good clinical service governance in Dr. RSUD. R.M. Djoelham Binjai, implementation of internal regulations of RSUD Dr. R.M. Djoelham Binjai in carrying out good clinical service governance. This type of research is a empirical juridical research using primary data and secondary data and data analysis carried out by qualitative methods. The results obtained: Regulations related to internal regulations at RSUD Dr. R.M. Djoelham Binjai is regulated in Binjai Mayor Regulation Number: 45 of 2018 concerning Hospital Internal Regulations (Hospital Bylaws) RSUD Dr. R.M. Djoelham City of Binjai which refers to the Decree of the Minister of Health Number: 772/MENKES/SK/VI/2002. The Decree of the Minister of Health of the Republic of Indonesia No.772/2002 was made based on the Law of the Republic of Indonesia Number: 23 of 1992 concerning Health; Law of the Republic of Indonesia Number: 22 of 1999 concerning Regional Government, Government Regulation Number: 32 of 1966 concerning Health Workers and Regulation of the Minister of Health of the Republic of Indonesia Number 159.b/1988 concerning Hospitals. RI Law Number: 23 of 1992 concerning Health has changed to RI Law Number: 36 of 2009 concerning Health while RI Law Number: 22 of 1999 concerning Regional Government has changed to RI Law Number: 23 of 2014 Regarding Regional Government while the Regulation of the Minister of Health of the Republic of Indonesia Number: 159.b/1988 concerning Hospitals has changed to Regulation of the Minister of Health of the Republic of Indonesia Number: 3 of 2020 concerning Hospital Classification and Licensing; Regulations related to the implementation of good clinical service governance in RSUD Dr. R.M. Djoelham Binjai refers to the Regulation of the Mayor of Binjai Number: 45 of 2018 concerning Hospital Internal Regulations (Hospital Bylaws) RSUD Dr. R.M. Djoelham City of Binjai as the highest person in charge for establishing hospital operational policies covering the fields of medical and nursing services, general and financial services, as well as human resources; Barriers to the implementation of internal regulations of RSUD Dr. R.M. Djoelham Binjai in carrying out good clinical service governance is a human resource because each individual has a different character when carrying out his duties and responsibilities.]]>
<![CDATA[The Balancing Between The Principles Of Justice, Legal Certainty, And Expediency In The Implementation Of Auction Execution In The Settlement Of Civil Cases ]]>
<![CDATA[Erlan Jaya Putra]]>;
<![CDATA[Siti Rodiah]]>;
<![CDATA[Djuhaendah Hasan]]>
<![CDATA[ International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i02.37
<![CDATA[The ultimate goal of the law enforcement process is that the law guarantees the implementation of equal justice and protection for human dignity, order, peace, and legal certainty under the provisions of the law. Three principles must receive professional attention, although it is challenging to do in practice. Therefore, the Judge must make every effort so that every decision rendered contains the three principles that are the basis and purpose of the law. The research method used in this research is analytical descriptive data obtained from secondary legal sources. The data obtained from field studies and document studies are then analyzed in a qualitative juridical manner. After the data has been collected, it is poured into a logical and systematic description without using mathematical formulas. The purpose of a court is to obtain a judgment and decision-making that knows the actuality of the case. As well as the legal rules governing it that will be applied, both legal authorities wrote in legislation and unwritten law, and to analyze the application of the three principles in the judgment and decision making. The results prove that judgment and decision-making are unrest and unsortable in life without these three principles, especially for justice seekers. Furthermore, the research results show that in applying legal certainty, whatever happens, the rules are so and must be obeyed or implemented. The application of justice is fair if it can provide balanced treatment between rights and obligations. While utilization means that the law exists for humans, then implementing the law or law enforcement must benefit society.]]>
<![CDATA[JURIDICAL REVIEW OF BANKRUPTCY IN SIGNING AGREEMENT ON BUYING SELLING OF FLAT IN MEDAN ]]>
<![CDATA[Heriyanti Heriyanti]]>;
<![CDATA[Azharuddin Azharuddin]]>;
<![CDATA[Giovanni Thomasia]]>
<![CDATA[ International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022 ]]>
Publisher : <![CDATA[Magister Kenotariatan Universitas Pasundan ]]>
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DOI: 10.55904/journal.v2i02.38
<![CDATA[Flats as a place to live with the hope of meeting the needs of the community, especially those who live in cities, there is no reduction in excessive land use and creating infiltration areas for water. With the increase in the number of people in 2010-2020 with an annual average of around 1.25%, it indirectly results in greater decent housing due to the dense population and limited land in the city, thus creating flats. The purpose of the study is to analyze the signing of the Sale and Purchase Binding Agreement (PPJB) for flats, the legal consequences if the developer of the flat goes bankrupt and dispute resolution if the settlement period by the developer defaults on the PPJB flats. The normative juridical method used in this study. With the results, the process of making PPJB flats must meet Article 1320 of the Civil Code as a condition for the validity of the agreement and be made before a Notary. Consequence with a declaration of bankruptcy against the developer resulting in general confiscation of the assets of all assets owned by the developer. Settlement of disputes caused by the inappropriateness of the apartment unit building or the lapse of the settlement period carried out by the developer, is carried out through a non-litigation process (out of court) and if there is no reconciliation, it can be continued with the litigation process (through the court process).]]>
