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Acitya Wisesa: Journal of Multidisciplinary Research
Published by JF Publisher
ISSN : -     EISSN : 28100182     DOI : https://doi.org/10.56943/jmr
Core Subject : Science, Agriculture, Social, Engineering,
Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Computer Science & IT Environmental Science Physics
ACITYA WISESA is Scientific Journal of Multidisciplinary research that has specificities in several fields such as: Education Sciences Agrarian and Biological Sciences Health Sciences Exact and Earth Sciences Human and Social Sciences Engineering Technology Review Article Educational Objects Social Sciences etc
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 Issue 4 (2024)" : 5 Documents clear
ANALYSIS OF EXCEPTIONAL DECISIONS IN MEDICAL PRACTICE CRIMINAL ACTIONS: Decision No. 1441/Pid.Sus/2019/PN Mks Sushanty, Vera Rimbawani; Huroiroh, Ernawati; Akbar, Kenza Kalihanugrah
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.734

Abstract

Medical malpractice remains a significant legal issue, with various stakeholders, including patients, families, and doctors, facing difficulties in navigating the legal landscape. The existing laws do not comprehensively define medical malpractice, leading to confusion and inconsistent enforcement of justice in cases involving medical professionals. The purpose of this research is to analyze the legal problems associated with medical malpractice and to provide recommendations for improving the legal framework governing medical practice in Indonesia. This research aims to contribute to law enforcement in handling criminal cases related to medical malpractice and to suggest amendments to the Law of the Republic of Indonesia Number 29 of 2004 concerning Medical Practice. This research employs a normative legal research methodology, utilizing both statutory and case approaches to examine the legal issues surrounding the imposition of criminal sanctions in medical practice. The research focuses on analyzing existing laws and the decisions made by the Indonesian Medical Ethics Code Court, which often complicate investigations into medical malpractice. The findings reveal that the current legal framework inadequately protects health services, doctors, dentists, and patients in cases of medical malpractice. Investigations are frequently hindered by decisions from the Medical Ethics Code Court, which affects the legal considerations of judges in malpractice cases. The paper concludes that there is a pressing need for legal reform to enhance clarity and protection for all parties involved in medical practice.
THE IMPLEMENTATION OF CONSTITUTIONAL COURT DECISION NO. 2/PUU-XIX/2021 ON THE EXECUTION OF MOVABLE OBJECTS AS FIDUCIARY GUARANTEE Boimau, Dibertius; Prasetyo, Dr. Dossy Iskandar; Patrianto, Dr. Bangun
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.736

Abstract

Fiduciary guarantees have an important role in the implementation of credit in Indonesia, where creditors can use movable objects as collateral to ensure debt repayment by debtors. However, despite being regulated in Law No. 42/1999 on Fiduciary Guarantee, the execution of movable objects as fiduciary objects often raises legal issues, especially in relation to the protection of debtors' rights. This research focuses on the application of Constitutional Court Decision Number 2/PUU-XIX/2021 which discusses the constitutionality of Article 15 Paragraph (2) related to the execution of fiduciary guarantees. The formulation of the problems raised includes the form of legal protection for debtors against defaults committed by creditors and the mechanism for executing fiduciary guarantees. The research method used is normative juridical with a legislative approach and case studies. The results showed that the Constitutional Court's decision affirmed the creditor's right to execute the fiduciary certificate without going through the court, as long as the certificate has been registered. However, protection for debtors must still be considered, especially in the context of potential defaults from creditors. This decision strengthens legal certainty in fiduciary execution, but also demands stricter supervision to prevent abuse of power by creditors. Thus, the balance of rights between creditors and debtors can be maintained in accordance with the principles of justice in Indonesian security law.
THE IMPLEMENTATION OF PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS OF FRANCHISE SECTOR Amelia, Eva Ayu; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.738

Abstract

The principle of proportionality is an integral legal principle in ensuring the balance of rights and obligations in commercial agreements, including franchises. This research aims to examine the function and purpose of the principle of proportionality in a franchise contract and analyze its implementation in the process of forming and performing the contract. The research method used is normative juridical with a legislative approach and analysis of literature related to the principle of proportionality in contract law. The results show that the principle of proportionality has a significant role in preventing imbalances in rights and obligations between franchisors and franchisees. The implementation of this principle in franchise contracts also contributes to creating legal certainty and reducing the potential for disputes due to imbalances in the agreement. Therefore, the implementation of the principle of proportionality in franchise contracts not only protects the rights of both parties, but also ensures fairness in the implementation of commercial contracts in the franchise sector.
LAW ENFORCEMENT AGAINST DEFAMATION UNDER THE ELECTRONIC INFORMATION TECHNOLOGY LAW: A Case Study of Decision No. 658/Pid.Sus/2021/PN.Sby Amirullah, Muhammad Iqbal; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.739

Abstract

The ITE Law is considered as a strong legal basis to control social media and regulate information technology, as stipulated in Law No. 11/2008 and its amendment in Law No. 19/2016. This law applies to anyone, both at home and abroad, if their actions harm the interests of Indonesia. Consumer protection is an important aspect of the modern economy to ensure equitable and ethical practices in the marketplace. This research discusses the concept of consumer protection in the context of consumer rights in Indonesia and how such protection is applied in an ever-evolving market. The main focus of this research is how the ITE Law handles defamation from a legal perspective. Using a normative juridical approach, this research examines relevant legislation, legal literature, and court decisions. This research examines legislation, legal literature, and relevant court decisions. In practice, ITE Law often faces challenges, such as differences in interpretation of articles that have the potential to limit freedom of speech as well as debates over the line between criticism and defamation. The results indicate that even though the ITE Law provides a clear legal basis, its implementation is still a cause for controversy. A balance is needed between the protection of individual reputation and freedom of expression. Regulatory reform and increasing legal awareness in the community are important steps to ensure a fairer and more effective application of the ITE Law.
AN ANALYSIS OF LAND RIGHTS MORTGAGE FROM A CIVIL LAW PERSPECTIVE Wati, Tri Anika; Yahman, Dr. Yahman; Karim, Dr. Karim
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.727

Abstract

Land is one of the natural resources controlled by the state and used for the benefit and prosperity of the people, as stipulated in Article 33 Paragraph (3) of the 1945 Constitution. The various land rights referred to in Article 4 of Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA) are further regulated in Article 16 Paragraph (1) of the UUPA, which are temporary land rights. One of the temporary land rights is a land mortgage. Based on this temporary characteristic, the researchers conducted research on agricultural land mortgage disputes. Based on the brief analysis mentioned previously, the researchers analyzed Decision Number: 20/Pdt.G/2021/PN.Blk which relates to the mortgage of land rights. This research uses a normative juridical approach by examining theories, concepts, legal principles, and regulations that are closely related to this research based on primary legal materials. The research method used is the literature method, because it requires the study of documents such as books and laws and regulations relating to the provisions and legal rules in the implementation of a land title pawn as a mortgage. The process of encumbering mortgage rights under Law No. 4/1996 involves three stages: a promise to grant Mortgage Rights, the granting of Mortgage Rights before a Land Deed Official (PPAT), and registration at the local land office. In Decision Number 20/Pdt.G/2021/PN, the plaintiffs were granted ownership of the disputed land, but the court did not rule on their claim regarding losses due to the defendant's unlawful possession after the pledge period expired.

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