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Rechtsnormen Journal of Law
Published by Yayasan Adra Karima Hubbi
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers.
Arjuna Subject : Umum - Umum
Articles 6 Documents
 1 
Search results for , issue "Vol. 1 No. 3 (2023)" : 6 Documents clear
Understanding the Extent of Doctor’s Liability in Medical Disputes R, Bella Agatha Fernando; Budiarsih, Budiarsih
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.348

Abstract

Background. In order to protect themselves from the possibility of being arrested and subjected to criminal penalties, doctors developed defensive medicine, which is currently being widely applied by many doctors. This is motivated by a situation where the patient is dissatisfied with the results of the medical action that has been carried out and complains about this to the police and some patients often do not want to use the mediation first, then cases like this will end up in court. Purpose. The purpose of this research is to explain how responsibility is imposed on doctors for medical disputes and violations that occur to patients. Method. This type of research is normative, the writer also uses statute approach and conceptual approach to analyze the issue. Results. Based on the background problems, the results obtained from this research are that a doctor who has carried out their duties in accordance with professional standards, service standards, and standard operating procedures is entitled to legal protection. Conclusion. An action can be said to be malpractice if an element of negligence is found in the medical action, whereas in medical risk there is no element of negligence. That if a mistake cannot be found, the doctor cannot be held responsible.
Analysis of Legal Capacity in Marriage Dispensation Applications Filed by Bridegroom Candidate Adila, Rasikh; Chintya, Aprina
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.371

Abstract

Background. The filing of a case with the court must be done by a person who is legally competent and has legal standing for the case being filed. This legal capacity is related to the age of majority or maturity, as regulated in Article 330 BW. Purpose. This study aims to analyze the legal competence in an application for dispensation of marriage submitted by the bride-to-be herself as the applicant. This research uses a qualitative method with a descriptive analysis approach. Method. The type of research used is empirical normative legal research (applied legal research). This research uses secondary data with documentation data collection techniques. The document used in this research is the Decision of the Purwodadi Religious Court Number 198/Pdt.P/2018/PA.Pwd. The data analysis technique in this research is content analysis technique. Results. From this study, it was found that although in decision number 198/Pdt.P/2018/PA.Pwd the child can act as an applicant in a marriage dispensation case, Article 6 of Perma Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications has closed this opportunity so that when a child who is getting married is not old enough and does not have a parent or guardian, he cannot apply for marriage dispensation to the court. Conclusion. Based on the results of the above research, it can be concluded that civil legal capacity means a person's ability to perform legal acts and therefore be accountable for the legal consequences.
Law Enforcement Problems Against Cyber Crime Performed Through Phishing Method Ardian, Yusep; Juhana, Ujuh; Kusumah, Haidan Angga
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.435

Abstract

Background. Technology can be said to be a "double-edged sword" because it is developing very rapidly, many people use it to make life easier, but behind that the speed of technology is used as a tool to commit crimes and create new problems in the form of cyber crime, namely phishing. Purpose. The purpose of this research is to find out how law enforcement against cybercrime cases committed through the phishing method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. The results showed that the Justice System has a major influence in the process of upholding law and justice starting from the Police level, the Prosecutor's Office to the Court Decision, besides that the ability of law enforcers to eradicate cybercrime is still limited in several ways such as, facilities and facilities, lack of expertise of law enforcement officials in handling cyber crackers, lack of police access to the latest information technology, and lack of public awareness and knowledge which will result in many obstacles. Conclusion. The point is that the legal framework in the field of technology must be able to keep up with the rapid advancement of technology, although there are already laws governing these crimes, they need to be updated to reflect the progress of increasingly modern times and the variety of cyber crimes that may occur in the future.
Regional Goods Management in Supporting Activity Planning at the Regional Secretariat of Merangin District Daryati, Eryasi; Epriadi, Dedi
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.446

Abstract

Background.  The existence of assets at this time gave birth to a paradox in terms of efforts to increase income (PAD). As a result, the great potential that lies ahead is not optimally explored. Instead they found any source of PAD results to be uncertain. Purpose. Assets should be very large areas that are better managed so as to produce optimal profits. It would be nice if the Regional Head from the Regent, Mayor, to the Governor when he is appointed immediately recognizes and understands the exact condition of the assets and then reports back to the community periodically. Method. In this study, researchers used a qualitative descriptive approach. Taking the location which is located in Merangin Regency, Jambi Province with a total sample of 18 people. In carrying out the research conducted using several data collection techniques including interviews, observation, questionnaires. Results. Problems related to the management of goods are also urgent but can still be handled ideally, including at the Secretariat General of the Merangin District Section. Based on the researchers' observations, there are several fundamental problems that have caused the management of goods to not operate effectively and can be used as indicators to support planning activities at the Regional Secretariat Section of Merangin Regency. Goods Management in Support of the General Plan of Activities in Merangin Regency Regional Assets and are still not optimal. Conclusion. Efforts made to overcome obstacles in the Management of Goods in support of activity planning in the Regional Secretariat Section are to improve the technical capabilities of existing personnel management goods, maximize the management of goods to and encourage the process of internal control mechanisms in the General Section to maximize the management of regional property in supporting activities planning.
Arbitration in Agreement Dispute (Perspective of Law Number 30 Year 1999) Ihya, Rahmat; Salam, Abdul Qudus; Bangsu, Muh; Hakim, Rohman; Hermawan, Hermawan
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.458

Abstract

Background.  In business relations between the parties in the development does not rule out the possibility of problems that require solutions. Purpose. This research aims to find out the process of resolving civil disputes through the Aribitrase court based on Law Number 30 of 1999 Method. The method in this research uses a normative juridical approach, which means that a study is carried out based on laws and judicial decisions that have permanent legal force. In the collection of legal materials using two ways, namely literature research by reviewing the literature and opinions of legal experts related to research problems. Results. The results of the research can be concluded that the arbitration agreement cannot stand and cannot bind the parties if the arbitration agreement does not coincide with the main agreement, which will be handled by the arbitration agreement is regarding disputes arising from the main agreement, so a civil dispute can be submitted for resolution through the arbitration court if it meets the subjective and objective requirements in the Basic Agreement (JOC). the parties agree that if there is a civil dispute it will be resolved through arbitration. Conclusion. The Arbitration institution has a binding nature on the parties and is final in the sense that the parties cannot appeal to the general court after the Arbitration decision.
Maqashid Sharia Review Of Decisions Shar'iyah Idi Court In Divorce Cases Hakim, Lukmanul
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.460

Abstract

Background.  Divorce is a matter that is never finished to be studied and discussed. Even cases of divorce cases continue to increase. One of them is the divorce case. Purpose. Many divorce cases are contested due to the background between husband and wife not wanting to carry out their obligations, such as providing a living physically and spiritually, but when analyzed this is not the main thing that causes divorce but rather bad communication between husband and wife, in deciding a divorce case a judge are required to be thorough and observant in deciding on a divorce so that a legal basis and fair considerations are needed so that a positive decision is born for both parties. Method. In this study, the authors used qualitative legal research and normative legal research, namely what we know as library law research, namely legal articles conducted by researching based on materials sourced from the literature. Results. Research results: 1) The factor in the occurrence of divorce is due to not fulfilling a living, harming/endangering the wife, one party leaves the other party without permission and without a valid reason, one party gets a prison sentence of 5 years or more after the marriage takes place, Jidal or syiqaq (prolonged and unresolved quarrels), infidelity or one party commits adultery, one party commits violence/nusuz, apostasy or converts. 2) Every decision made by the Panel of Judges of the Syari'yah Idi Court remains based on legal aspects and Maqasid Syari'ah, both ahwal asyahksiyah cases in general and divorce cases in particular, as the purpose of law is to protect the rights of each individual both from the perspective of Life, religion, reason, property, lineage and honor. Conclusion. As an answer to the formulation of the problem and the results of the author's analysis, it can be concluded that: The factor in the occurrence of divorce is due to the absence of a living.

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