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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 91 Documents
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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
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
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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