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Jurnal Magister Hukum Perspektif
Published by Universitas Wisnuwardhana Malang
ISSN : 20866526     EISSN : 26220873     DOI : https://doi.org/10.37303/jurnal%20magister.v14i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Dogmatika Hukum (Legal Dogmatics), Teori Hukum (Legal Theory), Fisafat Hukum (Legal Philosophy) dan Perbandingan Hukum (Comparative Hukum) serta hasil penerapan hukum dengan topik Hukum Perdata dan segala spesifikasinya, Hukum Pidana dan spesisfikasinya, Hukum Konstitusional/Tata Negara dan spesifikasinya, Hukum Administrasi dan spesifikasinya, Hukum Adat dan spesifikasinya, Hukum Internasional dan spesifikasinya dan Hukum Kesehatan serta di bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 10 No 2 (2019)" : 5 Documents clear
REKONSTRUKSI RUANG LINGKUP KEWENANGAN PRAPERADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA
Jurnal Magister Hukum Perspektif Vol 10 No 2 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.158 KB) | DOI: 10.37303/.v10i2.35

Abstract

Pre-trial is part of the criminal justice system regulated in KUHAP which normatively regulates the authority of the local district court to investigate and decide whether the arrest and / or deprivation of liberty is legal or not, or the request of the suspect or his family or other parties or representatives of the suspect; whether termination of investigation or prosecution is lawful upon request; as well as requests for compensation or rehabilitation submitted by the suspect or his family or other parties or attorneys whose cases are referred to the local district court for compliance with law and trial, but in fact there are pretrial regulations other than KUHAP which result in the expansion of pretrial authority, this article uses juridical normatives method, with statute approach and conceptual approach, for analyst some regulation of law about pretrial hearing for find new construct about limitation pretrial hearing in criminal justice system. Keywords : pretrial hearing, suspect, investigation, authority
HUBUNGAN ANTARA DOKTER DENGAN PASIEN DALAM PELAYANAN KESEHATAN DILIHAT DARI PERSPEKTIF HUKUM
Jurnal Magister Hukum Perspektif Vol 10 No 2 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (202.529 KB) | DOI: 10.37303/.v10i2.36

Abstract

The doctor-patient relationship is a pattern that is born between doctors and patients before continuing on health service actions. Health services are a sub-system of health services whose main objective is health services in terms of preventive (prevention), promotive (health improvement), curative (health healing) and rehabilitative (recovery) efforts. excellent and in accordance with standard procedures and standard operating procedures for health services. This service is all efforts deployed by the government in improving the quality of excellent health services and in accordance with the standards of procedures and operational standards of health care procedures. The legal development of doctors and patients as the development of science in the field of health law has changed, originally the position of patients was considered not equal to doctors. Doctors are considered to know the most about their patients, the position of the patient is very passive, which depends on the doctor. This relationship in its development undergoes a change in pattern. The formulation raised in this writing is how the legal relationship between patients and doctors in health services. The research method used is juridical-normative by using the approach of legislation. The result of this study is that the relationship between doctors and patients in health services is equivalent. All medical actions that the doctor will take on his patient must get approval from the patient, after the patient gets a sufficient explanation of all the ins and outs of the disease and the efforts of medical action. The legal relationship between doctors and patients in health services is inseparable and has concrete relevance, so that doctors and patients are an integral part of cooperation in therapeutic transactions. Keywords: Patients, Medical Personnel (doctors), Legal relations.
PERTIMBANGAN HAKIM DALAM PENDEWASAAN ORANG (STUDI DI PENGADILAN AGAMA BAWEAN PADA CALON MEMPELAI PEREMPUAN)
Jurnal Magister Hukum Perspektif Vol 10 No 2 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (606.846 KB) | DOI: 10.37303/.v10i2.37

Abstract

This paper discusses the implementation of Maturity (for brides-to-be) in the Bawean Religious Court. With the number of marriages occurring in Indonesia, the government issued Law No. 1 of 1974 concerning Marriage. One of the conditions in the Marriage Law regulates the lowest age limit for marriage. But in addition to being regulated regarding the lowest age limit for marriage, it is also regulated about the possibility of deviation from the lowest age limit in marriage through dispensation granted by the court. The formulation of the problem taken in this writing is (1) What is the procedure for applying for marriage dispensation in the Bawean Religious Court after the enactment of Law No. 1 of 1974 concerning Marriage?; and (2) What is the basis for the Judge's Consideration in giving a verdict or determination of the maturation of the bride-to-be in the Bawean Religious Court? . The research method uses a normative juridical approach , namely by reviewing Law No. 1 of 1974 concerning Marriage and Judge No. 6/Pdt.P/2017/PA. Bwn is related to the maturation of people. The results found are (1) The procedure for applying for marriage dispensation in the Religious Court is submitted by the parents of both men and women to the Religious Court that occupies the territory of residence, the Religious Court after examining in the trial and believing that there are things that make it possible to grant the Dispensation, then the Religious Court grants marriage dispensation with a determination; (2) The basis for consideration of granting maturation to prospective women in the Bawean Court is the concern of parents who see their child's relationship too close to their partner when they are not yet bound by a legal marriage will cause adverse effects if allowed to continue, such as adultery, extramarital pregnancy, marriage under hand. Keywords: Judge Considerations, Maturity, Marriage.
KONSEP HUKUM PEMBATASAN KEKUASAAN REGULASI DI INDONESIA
Jurnal Magister Hukum Perspektif Vol 10 No 2 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.749 KB) | DOI: 10.37303/.v10i2.38

Abstract

The law in limiting power lies from the formation of regulations by authorized bodies. Regulations cannot be separated from the Government / legislative institutions that make laws and regulations, both in the Central and Regional Governments. The formulation of the issues raised are (1) How is the legal concept in limiting the increasing regulation and (2) How to strive for increased harmonization so that in making regulations in the area can be in line with the existing regulations in the center. This type of research is juridical-normative using a conceptual approach. The results of the discussion are first, the legal concept in limiting the increasing regulation by applying attribution authority appropriately and making regulations according to needs. Second, efforts to increase harmonization in the making of regulations between the Center and the Regions with harmonization for quality and appropriate regulations. Keywords: legal concepts, restrictions powers, regulatory.
POLITIK HUKUM PENGATURAN WEWENANG PSIKOLOG DAN ILMUWAN PSIKOLOGI DALAM PENYAMPAIAN PERNYATAAN MELALUI MEDIA MASSA TERKAIT DENGAN PSIKOLOGI FORENSIK
Jurnal Magister Hukum Perspektif Vol 10 No 2 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (176.701 KB) | DOI: 10.37303/.v10i2.39

Abstract

This article wants to find the legal politics of authorizing forensic psychologists to make statements on client data in the media as stipulated in the Indonesian Code of Ethics of Psychology. Consistency between regulations in the code of ethics in formulating objectives and achieving regulatory objectives needs to be studied, as well as consistency between the content of the code of ethics regulations and the content of applicable laws and regulations in Indonesia. Forensic psychology is part of 18 sub-fields of psychology. Forensic Psychology services can be performed by a psychologist of one psychological scientist to assist law enforcement in legal proceedings inside and outside the court, research and educational needs. Based on the study of legal politics, it can be found that the legal regulations contained in the Code of Ethics are clearly intended to help law enforcement, researchers, and educators to understand phenomena, but the process and content of forensic psychologist statements on clients must always protect client privacy. Normatively, there are no inconsistencies in all regulations in the code of ethics, and all the contents of the code of ethics are in harmony with the laws and regulations governing education, research, law enforcement, and confidentiality of personal data. Thus, from the study of legal politics has been found consistency between goals, ways, and efforts so that it is clearly illustrated the politics of law granting authority, namely for the development of education and law enforcement without disturbing client privacy. Keywords: Legal Politics, Psychologist, Psychology Scientist, Mass Media, Forensic Psychology

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