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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
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Search results for , issue "Vol. 10 No. 1 (2019)" : 5 Documents clear
TINJAUAN YURIDIS STANDAR MUTU PRODUK DAN PERAN BPOM DALAM MENCIPTAKAN IKLIM PERLINDUNGAN KONSUMEN YANG BAIK DI INDONESIA Trinah Asi Islami
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.16

Abstract

Business has become a routine that has the highest percentage of interest to the public at this time. This digitalization era is one of the facilities to facilitate businesses in running their businesses. However, the facility does not rule out the possibility for business actors to cheat in their business, bearing in mind the objective of the business is to seek maximum profits. The purpose of business by obtaining the maximum profit is permitted, but business actors continue to do business in a fair manner and the products produced are prohibited from harming consumers and the most important thing is that businesses can apply product quality standards that are legalized by BPOM. However, business operators are often found intentionally circulating their products, especially drugs, food and beverage products, and cosmetics that do not yet have a BPOM permit. The fraudulent behavior of the business actor must be immediately stopped with discipline and tightening regarding the regulation of product quality standards. The purpose of this research, specifically to find and understand product quality standards that are applied in Indonesia and the role of BPOM as a drug and food control agency to create a climate of good consumer protection in Indonesia. In general, to deepen science, especially in law of consumer protection. The research of method is the normative juridical method. The discussion in this research is related to regulation the standards of product quality that must be applied by businesses and the role of BPOM in efforts to create a good consumer protection climate in the Indonesia. The conclusions of this research include that to affixing of SNI to products and supervision in the Department of Industry and Trade in category of export commodities must not be lower than SNI while for imported commodities the SNI and the role of BPOM as regulators and filters in the supervision of drug and food products in Indonesia are applied. Keywords: SNI Quality Standards, Products, BPOM and Consumer Protection Law
POLITIK HUKUM PEMBATASAN TEMPAT PRAKTIK DOKTER Ilfani Helwina Rosaria
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.22

Abstract

This article aims to discuss about the legal arrangements against of based on legal policy in Indonesia. With restrictions on the place of practice creates legal uncertainly. Forms of constitutional loss experienced by doctors are reduced or limited space for the medical profession. Meanwhile, on the other hand, the restrictions on the place of practice make public access to obtain and choose adequate and quality health services no longer possible to actualize properly, considering that safe, quality and affordable health services are also the right of all Indonesian people. Type of this research is normative juridical research, with the approach of related laws and regulations, the collection of legal materials is carried out by literature study, namely collecting legal materials with a systematic method. The obtained data were then collected and analized in depth, then submitted descriptive qualitatively. The results showed that the restrictions of doctor’s practice license in three places as regulated in Article 37 paragraph (2) of the Medical Practice Law is based on various considerations and wich is not contradicting with the 1945 Constitution of the Republic of Indonesia. In addition, it can provide legal protection for doctors as health provider as well and the patients as health receiver. Keywords: Legal Policy, Restrictions, Doctor’s practice
PRAKTIK KOALISI PARPOL PILPRES DAN WAPRES DALAM SISTEM PRESIDENSIAL INDONESIA Rika Novitasari
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.24

Abstract

In the Indonesian context, a coalition is formed before the Presidential and Vice Presidential Elections with the aim of winning the candidates carried by the coalition. A coalition that has been formed does not guarantee that the combined parties in the coalition will always support government programs. The problems faced are: (1) What is the practice of political coalitions in the Indonesian Presidential system, and (2) how are the legal implications of political coalitions formed in the 2014 presidential election. In this study, the authors used research that is normative juridical by focusing the research on literature data or secondary data. Based on the results of the theoretical study, the following conclusions can be drawn: The coalition's practice in the presidential system in Indonesia is associated with the electoral system occurs due to the unfulfillment of the voting conditions to propose the pair of presidential candidates and vice presidents. Keywords: Coalition, political parties, election, presidential system
PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA TERHADAP PELAKU KORPORASI GP. Aditya Prawira Negara
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.26

Abstract

Law enforcement in Indonesia in the case of Corruption Crimes outlined in Transparency International (IT) data Indonesia is still considered the most corrupt. Such conditions require the handling of criminal acts that are "extraordinary" (extra-ordinary enforcement) including law enforcement against corporate actors. Currently, the enforcement of tipikor law against corporate actors is not only focused on the person / manager but also focused on the corporation. In the Tipikor Law, the law enforcement of corporate actors uses 3 doctrines namely identification theory, vicarious liablity and strict liability and the model of criminal liability using administrators can be accounted for criminal together with corporations. Related to the procedures of law enforcement tipikor conducted by the corporation based on the knowledge and experience of each law enforcement officer and to overcome the problem MA issued Perma Number 13 of 2016 on Procedures for Handling Criminal Acts by Corporations. This is done to fill the legal void related to the handling of criminal acts with corporate actors who have not been clearly and firmly regulated. Enforcement of tipikor law by corporations experiencing several obstacles, among others, the main criminal sanctions are only in the form of fines {article 20 paragraph (7) of the Tipikor Law, which if the perpetrator does not want to pay there is no other alternative. The death penalty in article 2 paragraph (2) of the Tipikor Law cannot be applied to corporations. In addition, Perma Number 13 of 2016 cannot be used as a reference by investigators or public prosecutors because the Perma is binding into including criminal sanctions are still in the form of fines, have not regulated the mechanism of withdrawal of corporate criminal liability. Keywords : Law Enforcement, Criminal Acts, Corruption, Corporations
KEBERADAAN REKAMAN CLOSED CIRCUIT TELEVISION (CCTV) DALAM PEMBUKTIAN PADA SISTEM PERADILAN PIDANA INDONESIA Untung Regama
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.28

Abstract

The use of CCTV (Television Closed Circuit Television) evidence as evidence still causes claims. Some are automatically used as evidence, and some are not in court proceedings. This research aims to find why CCTV equipment can be used as evidence and evidence used for CCTV equipment. The type of research used by the author is that this study will be prepared using a type of normative juridical research. The research method uses the statutory approach. Secondary legal materials examine secondary primary legal materials in the form of literature studies (literature, research results, scientific magazines, scientific bulletins, scientific journals.) concerning legal understanding, legal norms, legal theories, and doctrines related to the topic in question. The results of this study are normative authors who issued a second view recording CCTV as an electronic evidence device that won evidence in the Criminal Procedure Code. As proof, CCTV is strong and has a value of proof, must meet the provisions that are guaranteed originality and authenticity, have relevance to the subject matter, and the relevance of the relationship with one contribution to another evidence. These provisions must be with the procedures and regulations that have been determined by applicable legislation. Implementation of evidence in CCTV cameras is still experiencing problems, namely legal and non-legal constraints. Keywords: CCTV, Proof, Judiciary Criminal

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