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Jurnal Magister Hukum Perspektif

Perspektif
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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 102 Documents

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PERTANGGUNGJAWABAN KEJAHATAN KORPORASI DALAM TINDAK PIDANA EKONOMI MENURUT UNDANG-UNDANG DARURAT NOMOR 7 TAHUN 1955
Jurnal Magister Hukum Perspektif Vol 12 No 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

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

POLITIK HUKUM PEMBATASAN TEMPAT PRAKTIK DOKTER
Jurnal Magister Hukum Perspektif Vol 10 No 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

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
Jurnal Magister Hukum Perspektif Vol 10 No 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

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
Jurnal Magister Hukum Perspektif Vol 10 No 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

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
Jurnal Magister Hukum Perspektif Vol 10 No 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

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

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

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

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

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

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

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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Debrina Rahmawati

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debrina.rahmawati@gmail.com

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+6281231915486

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perspektif@wisnuwardhana.ac.id

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Magister Ilmu Hukum PPs. Universitas Wisnuwadhana Malang Jalan Danau Sentani 99 Malang Telp/fax: 0341-713604/0341-713603

Location
Kota malang,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Debrina Rahmawati

Contact Email debrina.rahmawati@gmail.com

Phone +6281231915486

Journal Mail Official perspektif@wisnuwardhana.ac.id

Editorial Address Magister Ilmu Hukum PPs. Universitas Wisnuwadhana Malang Jalan Danau Sentani 99 Malang Telp/fax: 0341-713604/0341-713603

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Debrina Rahmawati

Contact Email
debrina.rahmawati@gmail.com

Phone
+6281231915486

Journal Mail Official
perspektif@wisnuwardhana.ac.id

Editorial Address
Magister Ilmu Hukum PPs. Universitas Wisnuwadhana Malang Jalan Danau Sentani 99 Malang Telp/fax: 0341-713604/0341-713603

Location
Kota malang,

Jawa timur

INDONESIA