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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 104 Documents
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REKONSTRUKSI RUANG LINGKUP KEWENANGAN PRAPERADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA Abraham Gunawan Wicaksana
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 | 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 Imam Mashuda; Agus Pramono
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 | 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) Gunawan Marsudi
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 | 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 Irnawati Irnawati
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 | 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 Ulfa Dyah Mustika
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 | 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
TINJAUAN HUKUM KETERBUKAAN RAHASIA KEDOKTERAN DAN IDENTITAS PASIEN PADA SITUASI WABAH PANDEMI COVID-19 Nur Syamsu Dhuha
Jurnal Magister Hukum Perspektif Vol. 11 No. 1 (2020)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v11i1.48

Abstract

The Covid-19 pandemic is still ongoing in Indonesia. The accumulation of Covid-19 cases is still increasing even though efforts to prevent its spread have been made. The implementation of handling caused several polemics in the community, one of which was about the openness of patient data. The secret disclosure of medicine in the condition of the outbreak (including name, address, diagnosis, family history, and so on) without the patient's consent may pose a risk to the patient concerned. Patients can receive negative stigmatization or discrimination if the medical secrets are spread in the general public. The spread of medical secrets can also have legal implications for health workers as well as the general public involved in its spread. Handling medical secrets needs to be done carefully by considering the legal aspects and ethics of medicine. The problem taken is how is the legal review of the secret disclosure of doctors during the Covid-19 pandemic outbreak situation? This type of research uses normative juridical methods with a legal approach. The results of the review show that health workers have an obligation to maintain medical secrets as applicable laws and regulations. Violations of such obligations may be subject to ethical sanctions, disciplinary sanctions and legal sanctions. Medical secret can be opened under certain conditions, namely for the benefit of the patient's health, in the framework of law enforcement, at the request of the patient himself and in the public interest. The public interest in question, among others, is when there is a threat of Extraordinary Events / outbreaks of infectious diseases and threats to the safety of others individually or in the community. The opening of patient secrets can certainly only be done by authorized officers and given to agencies / authorities as well. Keywords: Openness, patient data, covid 19
POLITIK HUKUM PEMBERIAN ASIMILASI DI RUMAH BERDASARKAN PERMENKUMHAM NO. 10 TAHUN 2020 (Studi Kasus di Lapas Perempuan Kelas IIA Malang) Elizabeth Nanik Khrisnawati
Jurnal Magister Hukum Perspektif Vol. 11 No. 1 (2020)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v11i1.49

Abstract

The above theme taking is motivated by the policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. Assimilation is granted as an inmate's right after fulfilling the conditions in the applicable law. Assimilation is the fostering of adult and child inmates by allowing them to live mingling in the community. The formulation of the issue raised is "What is the legal politics of assimilation at home according to Permenkumham RI Number 10 of 2020 in The Women's Prison Class IIA Malang?". The method used is empirical juridical with a sociological approach. This research seeks to describe the implementation of Permenkumham Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results were found that the implementation of assimilation and integration related to COVID-19 at the Malang Class IIA Women's Prison was in accordance with existing regulations, and was carried out in accordance with established implementation procedures. The reason for providing COVID-19-related assimilation and integration is that inmates and children must meet administrative and substantive requirements. This policy cannot be granted if the inmate and the criminal child do not meet one or both of these conditions. The legal politics of Permenkumham Number 10 of 2020 are very suitable to be applied in the midst of the COVID-19 pandemic because it is a proof of appreciation for human rights. In addition, the interview results also proved that there were no allegations of irregularities or abuses that led to corruption for the implementation of the policy in the Class II Women's Prison A Malang. Keywords: Political Law, Assimilation, Permenkumham Number 10 of 2020.
PERLINDUNGAN DATA PRIBADI DALAM PENGGUNAAN APLIKASI PEDULILINDUNGI SELAMA PANDEMI COVID-19 Arif Wahyu Hidayat
Jurnal Magister Hukum Perspektif Vol. 11 No. 1 (2020)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v11i1.50

Abstract

Several countries in the world including Indonesia are experiencing the COVID-19 pandemic. A series of efforts to prevent the spread of COVID-19 were carried out. One such effort is the launch of the Pedulilindungi application which serves to track every possible transmission that exists. The basis of the launch of the application is the Decree of the Minister of Communication and Informatics Number 171 of 2020 concerning the Determination of Application for Care and Protection in the Framework of The Implementation of Health Surveillance for the Handling of Corona Virus Disease 2019 (COVID-19). The purpose of this study is to find out the security risks of Pedulilindungi applications and how the ITE Law accommodates the security of personal data from the use of applications. The research method used is a normative research method. The results showed that the use of the Pedulilindungi application has the potential to cause a breach of personal data security stipulated in the ITE Law. Access to data stored in the user's mobile device data is not clearly notified to the user during use in everyday life. In addition, this application also does not mention who can access and process the data in question. The vagueness of the rules will arise when the pandemic ends, whether personal data will automatically be deleted or not, considering that the function of this application is only intended when facing the COVID-19 pandemic. Keywords: COVID-19 pandemic, protection of personal data, Pedulilindungi
STRATEGI PENANGANAN ANAK BERHADAPAN DENGAN HUKUM MELALUI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Nurul Farida
Jurnal Magister Hukum Perspektif Vol. 11 No. 1 (2020)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v11i1.51

Abstract

The deviation of the behavior of today's children has crossed the appropriate limit. Many children begin to indulge in casual sex, narcotics, violence, thuggery, and many more actions that can be categorized as unlawful. The Law mandates that children are a gift of God Almighty who has the dignity and dignity as a full human being, and therefore, they are entitled to special protection, especially legal protection in the judicial system by providing special protection to children who face the law. The Indonesian Child Protection Commission (KPAI) stated that the number of children facing the law (ABH) is increasing year on year. Nevertheless, in accordance with UNICEF's mandate, the involvement of children in criminal justice for adults can hurt children, both psychologically and socially. The formulation of the problem in this writing is "What is the strategy for handling ABH through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)?" The method used is an empirical juridical method with a sociological approach, which seeks to review the application of the SPPA Law in the handling of ABH. The results of the review showed that there are several factors that cause ABH, namely instrinsic and extrinsic factors. To protect children's rights, ABH handling strategies can be used in accordance with the SPPA Law, namely by using restorative justice and diversion efforts. Obstacles faced in the implementation of ABH handling strategies include the lack of socialization of laws and regulations related to children so that the understanding of law enforcement officials in the implementation of ABH handling is still varied and tends to use different perceptions. Keywords: Strategy, Juvenile Criminal Justice System, Restorative Justice, Diversion
PEMBERIAN ASIMILASI NARAPIDANA RESIDIVIS (STUDI KASUS DI L.P. PEREMPUAN KELAS IIA MALANG) Moch Syamsudin Nurhidayanto
Jurnal Magister Hukum Perspektif Vol. 11 No. 1 (2020)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v11i1.52

Abstract

The policy of assimilation of prisoners in the midst of the COVID-19 pandemic, namely the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19 is very interesting to be further peeled. The policy received a lot of support as well as criticism from many parties. Many people worry about the repetition of crimes committed by ex-assimilation prisoners. Based on the background above, the author raised the formulation of the problem as follows: "How is the legal politics of Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 against recidivist prisoners in Malang Class IIA Women's Prison?" The method used in this writing is an empirical juridical method with a sociological approach that seeks to describe the implementation Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 in people's lives. Primary data collection is done by interview while secondary data is obtained from library studies and documents related to research problems. The results of the review explained that the strategy for handling prisoners who commit crimes again after being released through the assimilation program at home carried out at the Malang Class IIA Women's Prison is in accordance with Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in the Framework of Prevention and Countermeasures of the Spread of COVID-19. The legal politics applied to keep recidivism rates low are to impose more severe sanctions on inmates and children who repeat their crimes. In the Women's Penitentiery Class IIA Malang, there are 1 (one) recidivist prisoner who is free of COVID assimilation and is currently locked in a straft cell at women’s penitentiery Class IIA Malang. Keywords: Legal Politics, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020, Recidivist

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