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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. 12 No. 2 (2021)" : 5 Documents clear
ANOTASI ATAS REGULASI PERLINDUNGAN DATA PRIBADI DI INDONESIA Diah Wahyulina; Evi Damayanti; Masning Nur Azizah; Wahyu Nur Fatimah
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.17

Abstract

The Industrial Revolution Concept 4.0 agree that personal data is economic value data. Personal data can be used for commercial purposes, so clear and specific arrangements need to be made. In Indonesia, the meaning of this type of personal data has not yet reached the highest level of Laws up to Government Regulations. This study aims to analyze the regulations on private data or data that are personal in Indonesia and make comparisons with several countries in Europe that implement personal data protection agreements. In this series of studies, the method used is a normative juridical method which consists of three types relating to statutory regulations, conceptual approaches, and comparative approaches. Based on the results of the study, a common thread related to the regulation of data privacy protection legislation No. 19 of 2016 concerning ITE up to the latest namely Permenkominfo No. 20 of 2016. However, at the technical level, regulations and regulations regarding the use of personal data in Indonesia are still at the point of legal vacuum. This can be seen in several sectors when considering the provisions in force in the European Union (GDPR) such as the meaning and type of Personal Data, standardization of Company Regulations, and provisions related to notifications that have supported personal data. The conclusion that can be drawn is that the substance of norms in GDPR is a norm that is more accommodating to the needs of people in Indonesia, because it is a guarantee of the availability of much better personal data. In addition, the deletion of personal data on request is also done more effectively and efficiently. Keywords: Regulation, Protection, Deletion, Personal Data.
PERTANGGUNGJAWABAN PERDATA MALAPRAKTIK MEDIK Ilfani Helwina Rosaria; Agus Pramono
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.18

Abstract

This paper aims to discuss civil liability for medical malpractice. The patient's alleged insanity is often considered the negligence of the doctor in carrying out medical actions. The paradigm is getting stronger with increasing reports of medical malpractice every year. Doctors in performing medical treatment of patients are based on a bond or relationship in the agreement. The bond or relationship in the agreement is called inspannings verbentenis or maximal effort engagement. The existence of this shows that the main obligation of a doctor is to do a hard effort that must be done and needed to support the patient. This can be based on the standards of the medical profession and its operational standart as stipulated in article 50 juncto 51 of Law No. 29 of 2004 concerning the Practice of Medicine. The methods used in this study are juridical-normative with a statutory approach. The result obtained is civil liability in a medical malpractice arises if there is wrong treatment from the doctor in relation to providing medical service performance and the patient suffers losses for the doctor's actions. Legal liability in the civil domain is generally realized in the form of compensation or compensation by doctors or hospitals with due regard to the principles of liability. The right of patients in demanding compensation is regulated in Article 58 of Law No. 36 of 2009 on Health and Article 32 of Law No. 44 of 2009 concerning Hospitals. Keywords: Liability, Civil, Medical Malpractice
PENDAFTARAN TАNАH SISTEMАTIS LENGKАP (PTSL) DI DESA DONOWARIH, KABUPATEN MALANG Febry Chrisdanty
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.19

Abstract

The Government's program to speed up the land registration process through the Complete Systematic Land Registration (PTSL) is an effort to accelerate the provision of legal protection for land rights while also providing legal certainty for owners. This study aims to analyze the obstacles and also the supporters of the implementation of PTSL in Donowarih Village, Malang Regency. The research method used is empirical research, with a sociological research approach. The results of the study indicate that the implementation of PTSL in Donowarih Village as a whole from stage to stage has been carried out well and runs according to the procedure, but the implementation of PTSL in addition to having supporting factors there are also several things that become obstacles / obstacles in its implementation, namely obstacles that comes from PTSL object, PTSL subject, PTSL implementing HR in the field. and constraints related to its implementation related to PTSL object files. Keywords: Implementation, PTSL, Obstacles.
TINJAUAN HUKUM TINDAK PIDANA KORUPSI DAN PENYELEWENGAN KEKUASAAN OLEH PEJABAT NEGARA Elizabeth Nanik Khrisnawati
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.20

Abstract

Efforts to combat corruption in Indonesia have been made in a variety of ways, but corruption continues to be perpetrated in a variety of ways by a variety of institutions, not least against village funds. The writing style is juridical-normative, with a statutory approach and examples of corruption in the village. Corruption poses a number of threats to society and individuals, the younger generation, politics, the nation's economy, and the bureaucracy. There are obstacles to combating corruption, including structural, cultural, instrumental, and management barriers. Corruption is defined as the unnatural behavior of public officials, including politicians and state employees, to enrich themselves or a nearby group by using the power entrusted to them, according to the law of eradicating corruption, which is one of the most important agendas in overcoming corruption cases of corruption criminal courts, which are institutions that are trusted to handle a case. Corruption investigates and decides on a case. Keywords: Village Fund, Corruption, History of Corruption, Law Enforcement of Corruption in Indonesia
PERTANGGUNGJAWABAN KEJAHATAN KORPORASI DALAM TINDAK PIDANA EKONOMI MENURUT UNDANG-UNDANG DARURAT NOMOR 7 TAHUN 1955 Bella Diana Putri
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.21

Abstract

The development of the business world in Indonesia is currently increasingly modern and sophisticated, where this development is followed by the development of a society that has a consumptive lifestyle, so that it becomes a trigger and impetus for business actors who commit crimes in the economic field. The subject of crime in the economic field is not only committed by individuals but also corporations. In this study there are two problems, namely (1). What is the liability of corporations in economic crimes according to the Emergency Law Number 7 of 1955? (2) What is the current criminal law policy regarding corporate criminal liability? The research method used is a normative legal research method with a statute approach, a comparative approach and an analytical and conceptual approach. The results of the research are (1) Corporate accountability in economic crimes according to the Emergency Law Number 7 of 1955 concerning Investigation, Prosecution, and Judiciary of Economic Crimes, regulated in Article 15. The policy of corporate responsibility in the UUTPE is also strengthened by the Supreme Court Regulation Number 13 2016 concerning Procedures for Handling Criminal Cases by Corporations. (2) The Criminal Code does not regulate corporations as the subject of criminal acts that can be accounted for in criminal law and several laws outside the Criminal Code have regulated corporations as subjects of criminal acts that can be accounted for in criminal law, but are still partial and inconsistent Keywords: Corporation, Economic Crime

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