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Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 106 Documents
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Prinsip Kepastian Hukum Dalam Penyelenggaraan Rumah Sakit Di Indonesia Gustafianof, Gustafianof; Irham, Muhammad; Taufik, Iqbal
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13441

Abstract

Hospital administrators' services should be directed towards their goals, but in reality this is not always the case. For this reason, implementation behavior must be able to be measured through legal regulations. This article has discovered the principle of legal certainty for good hospital management in Indonesia. Using normative legal research methods, the principle of legal certainty in the administration of hospitals in Indonesia is found through division of labor by specializing the work of medical staff and corporate staff using the same methods and procedures which are guided by the principles: (1) Division clear work; (2) Condition factors of the community served; (3) humanitarian goals and equality before the law; (4) Hospital By Laws which are guided and based on and in accordance with the values ​​of Pancasila and the 1945 Constitution which consist of corporate by laws, medical staff by laws, Nurse By Laws and Other Health by laws, which have so far been only corporate by laws and medical staff by laws. These principles should be made positive, so that benefit and justice for all parties can be realized for the sake of legal certainty for better health services in hospitals in Indonesia.
Upaya Pencegahan Tindakan Perundungan Disabilitas di Kota Makassar Yanlua, Siti Zainab; Yanlua, Nurfitri
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.13462

Abstract

Disabled people are minorities who are vulnerable to bullying because of their different characteristics. The impact of bullying is very detrimental because it can disturb their mental health, therefore preventive measures are needed so that they can be protected. Efforts to prevent acts of disability bullying that are carried out cannot only be carried out by one party, but require cooperation between persons with disabilities, families, schools, the community and the government. The government as the party that provides facilities then the community and families help prevent it by ensuring that no discrimination is experienced.
Genetic Engineering Therapy of Stem Cells in Health Law Syaharani, Aqilla Nur; Wasitaatmadja, Fokky Fuad
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13635

Abstract

This research aims to reveal legal protection based on health law related to the practice of stem cell therapy as a controversial genetic engineering product in Indonesia. This research used a qualitative method with unstructured interviews that focus on normative-empirical studies, supported by statute approach, case approach and various sources of literature studies. Stem cells therapy shows the potential to cure various types of diseases using genetic engineering technology developed by researchers as a hope for future health. This research found that the role and support of the Government in protecting subjects throughout the practice of stem cells therapy can be seen in the Government's commitment through efforts to improve and set standardized health services in accordance with health law and the 1945 Constitution. The implementation of stem cell therapy in Indonesia is limited to service-based research because the Government does not yet have minimum service standards as guidelines to ensure the safety of the procedure and its success rate. The issues that have been found need to be considered as evaluation material for the Government to immediately establish minimum service standards for stem cell therapy, so that all parties such as hospitals, laboratories, and cell banks have equal standards.
Pengaruh Maraknya Kasus Perceraian Public Figure Terhadap Pandangan Masyarakat Umum Tentang Pernikahan Dalam Hukum Islam Pratama, Angga Adi
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13707

Abstract

The divorce phenomenon that has occurred among artists in Indonesia recently has often been in the spotlight of netizens. In the virtual world and in the real world, divorce cases are a hot topic in Indonesian society today. The background to this research is the widespread news on social media about the phenomenon of female public figures, influencers or celebrities suing their husbands for divorce in court. There are various problems faced when living a married life, starting from cases of domestic violence, deviant behavior by the husband or wife, to infidelity. The method used by the author in this research uses qualitative research and library research, which emphasizes in-depth observation of a phenomenon which is then studied using scientific logic which refers to reading book literature, research journals, and statutory regulations, both Islamic law and law. positive. The research results explain that the impact of divorce, especially what happens to public figures, can cause various problems and negative impacts on those closest to them and people who receive information about the divorce. Views regarding the definition of marriage have become very complex due to the increasing number of divorce cases that occur.
Penegakan Hukum Korban Bullying di Berbagai Tingkat Sekolah di Indonesia Oktaviani, Vivih; Dianah, Dianah; Subakhti, Hasanudin; Khalimy, Akhmad
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13830

Abstract

The purpose of this study is to determine (1) the forms of bullying behavior (2) the factors causing the emergence of bullying behavior (3) the impact of bullying behavior (4) Efforts to handle bullying behavior using WDEP technique reality counseling. This study uses an approach with a clinical case study method. The results showed that 1) The forms of bullying carried out by NM were verbal bullying such as calling, calling by nicknames, and calling with parents' names, and physical bullying such as nudging and pinching. The intensity of NM bullying is 5-6 times a day which is done in the classroom and in the school canteen. Characteristics of victims of bullying NM are female 2) The factors that cause NM to do bullying are from parents, NM's personal self, and NM's association with naughty school friends, and supervision from the school on student activities that is still lacking. 3) The impact of bullying behavior by NM causes his learning achievement to decline and is shunned by his friends. 4) The handling effort is done by using WDEP technique counseling. The results of the treatment showed a decrease in bullying behavior. These changes occur because of a change in awareness within the counselee that focuses on current events or current conditions, on personal strengths or what the counselee wants, and encourages individuals to develop better behavior so that it can be useful for the future for the subject and for society. as well as country.
Implementasi Deterrence Social sebagai Pencegahan Pelanggaran Lalu Lintas Remaja Pratama, Muhammad Rizki Aji; Sundawa, Dadang; Muthaqin, Dwi Iman
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13852

Abstract

Transportation is central to sustainable development, so transportation is included in the Sustainable Development Goals (SDGs) topic. One of the efforts to advance transportation is through law enforcement. As a state of law, Indonesia established Law No. 22/2009 on Road Traffic and Transportation to organize a safe, orderly, and smooth land transportation system. But in reality, many traffic violations still occur in Indonesia, including the Sukabumi City area, where most violators are teenagers. Thus, it is necessary to study the implementation of Law No. 22/2009 on Traffic and Transportation in preventing juvenile traffic violations. This study aims to determine the conditions, situations, and causes of juvenile traffic violations and analyze the application of social deterrence in preventing juvenile traffic violations in Sukabumi City. This research uses a qualitative approach with a normative juridical method. The conditions and situation of youth traffic violations in Sukabumi City are still quite high and the forms of traffic violations that are often violated are not having a driver's license and not wearing a helmet. The occurrence of teenage traffic violations is caused by a lack of awareness of traffic laws, showing identity, laziness, transportation costs, and lack of parental supervision. The application of social deterrence has been well implemented by Satlantas Polres Sukabumi Kota and SMA Negeri 1 Kota Sukabumi. However, the sanctions given are not firm enough, so there is a potential for violators to commit violations again.
Implementasi Sanksi Pidana Terhadap Anak Pelaku Tindak Pidana Narkotika Dalam Sistem Peradilan Pidana Anak Pasaribu, Abas Mei Julita; Sirait, Timbo Mangaranap
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.13987

Abstract

Children are considered valuable assets of the nation that must be protected, but their involvement in narcotics crimes is increasing, therefore it is necessary to continually study the implementation of criminal sanctions against children who commit narcotics crimes in the juvenile criminal justice system in Indonesia through case study number 6/Pid.Sus -Children/2021/Pn. Amb.. This research uses normative juridical methods to examine the application of legal rules to children involved in narcotics crimes. The results of the research show that the process of investigating and applying articles to child drug offenders needs to pay attention to the principles of restorative justice, which emphasizes rehabilitation and guidance rather than punishment alone. In addition, the implementation of the Juvenile Criminal Justice System Law aims to provide special protection for children in conflict with the law, ensure their rights are fulfilled, and minimize the negative impact of the judicial process. This research emphasizes the importance of a children's rights and restorative justice-based approach in handling narcotics cases involving children, so that they can become productive individuals in the future.
Analisis Hukum Pelaksanaan Perdagangan Derivatif Di Pasar Modal Indonesia Syazali, Emir Adzan
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.14532

Abstract

The capital market is a main pillar of the modern economy and plays a crucial role in a country's economy. However, trading in the capital market is not free from the risk of crime and violations. One instrument that is increasingly attracting attention in the Indonesian capital market is derivative securities. This study aims to analyze the legal basis governing derivative trading in the Indonesian capital market and identify the benefits and risks associated with trading this instrument. This research uses normative legal research methods with a legislative and comparative approach. Data were collected through literature studies and analyzed descriptively and qualitatively. The results of this study are as follows: The legal basis governing derivative trading in the Indonesian capital market includes Law Number 8 of 1995 concerning the Capital Market, Government Regulation Number 45 of 1995, Government Regulation Number 17 of 2009, and OJK Regulation Number 32/POJK.04/2020. These regulations aim to ensure transparency, security, and market integrity through strict supervision, risk management, and tax compliance. The main benefits of derivative securities include minimizing risk, increasing profits, and securing investments through hedging strategies. However, this instrument also carries high risks and complexities that require deep understanding and good risk management. Derivative trading regulations in the Indonesian capital market provide a comprehensive framework to create a conducive market and attract investment. Derivative securities offer significant profit potential but also bring high risks that require caution and mature strategies in their use.
Penetapan Dispensasi Kawin Terhadap Anak di Bawah Umur Akibat Hamil Di Luar Perkawinan Haq, Muhammad Jaul; Rosita, Dian
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.14642

Abstract

The purpose of marriage is to create a happy, loving and supportive family. To achieve this, it is necessary to pay attention to the age of maturity of the bride and groom, therefore the age limit for marriage in Indonesia is regulated by law. This research aims to analyze the marriage dispensation regulations and examine the considerations of judges at the Kudus Religious Court in granting requests dispensation for minors who become pregnant outside of marriage. This research used a normative legal research method with a statutory approach. The results of the research show that the marriage age dispensation is regulated in article 7 paragraph (2) of Law Number 1 of 1974 concerning Marriage, which was later revised in article 7 paragraphs (1) and (2) of Law Number 16 of 2019 concerning Amendments to the Law -Law Number 1 of 1974 concerning Marriage, Considerations of judges at the Kudus Religious Court in granting requests for marriage dispensation in the Decree of the Kudus Religious Court Number 3/Pdt.P/2024/PA.Kds, Number 47/Pdt.P/2024/PA. Kds and Number 94/Pdt.P/2024/PA.Kds for reason of avoiding harm due to the negative stigma attached to girls who become pregnant outside of marriage, where in terms of benefits, marriage is the best solution to avoid actions that are contrary to social and religious norms.
Problematika Hak Eksekutorial Jaminan Fidusia: Perspektif Kepentingan Debitur Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.14764

Abstract

A common problem in the enforcement of fiduciary guarantees is the seizure of collateral that violates consumer rights. Creditors often seize collateral without taking into account consumer rights protected by law. This can lead to disputes between the creditor and the debtor. The purpose of this research is to analyze the problems of fiduciary enforcement rights from the perspective of debtors' interests. The research method used is Normative Juridical Research with the type of library research. Debtors must check the credit agreement more carefully, in particular the clause "voluntary execution of the agreement"; if the clause is absent, the execution cannot be carried out unilaterally without any legal remedy declaring the debtor in default.

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