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Law and Justice
Published by Universitas Muhammadiyah Surakarta
ISSN : 25498282     EISSN : -     DOI : https://www.doi.org/10.23917/laj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law and Justice is a peer-reviewed journal. That is published biannually and managed by Faculty of Law Universitas Muhammadiyah Surakarta, which is intended as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote transcendental values, nationalism values, democratic values and Pancasila. The scopes of Law and Justice, but not limited to are legal Studies, Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection studies with Legal Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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The Urgency Of Developing Law As A Legal Basis For The Implementation Of Artificial Intelligence In Indonesia Chairani, Meirza Aulia; Pradhana, Angga Pramodya; Purnama, Taufiq Yuli
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.760

Abstract

The presence of Artificial Intelligence in Indonesia currently has no statutory regulation that regulates it, but in several sectors in the field of Information Technology, Artificial Intelligence has been developed in Indonesia. Some developed countries already use Artificial in the field of law, such as advocacy, making laws and regulations, learning law, and so on. Objective: Applying Artificial Intelligence in Indonesia in the field of law to facilitate work in the legal field Methods: This research uses a normative juridical research method, a conceptual approach and a statutory approach. Findings: Artificial Intelligence can be used in Indonesia, not only in the legal field but also in all areas of ease of work and shortening of work. Function: the usefulness of this research is to assist in the legal field, facilitate the work of legal experts such as making laws and regulations which first take a long time to make, legal consultations for the public now do not need to come to lawyers or legal consultants can use Artificial Intelligence to provide consultations. consultation on legal matters. There have been many law offices abroad that have implemented Artificial Intelligence in their offices, if they are unable to attend to provide consultations to their clients, using Artificial Intelligence applications can already help provide solutions. Legal learning can also use Artificial Intelligence, already in Indonesia, pioneering legal learning for law students and the public who want to study law. Novelty: this research is related to Artificial Intelligence, it is still rare for people to know about its use in the legal field, therefore we made research related to Artificial Intelligence to provide information related to this.
Law Economic Development: A Study Of Economic Protection And Recovery Policies In The Pandemic Covid-19 Irawansah, Didik; Ridwan; Kuswardani
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.765

Abstract

This study describes the role of law in the development and recovery of Indonesia's national economy in the era of the Covid-19 pandemic and describes various policies for protection and economic recovery in the MSME sector during the Covid-19 pandemic and its implications. Method, normative juridical law research which bases its analysis on legal documents that are closely related to the problem under study. Analyzed by analytical descriptive, qualitative conclusion. Research Results: The Indonesian Government's policies have been responsive enough to overcome the pandemic, this is indicated by the various policies issued to regulate sectors affected by the co-19 pandemic, especially in the MSME sector. But it is felt that at the implementation stage it has not been able to target to the lowest point, this condition is characterized by complicated and procedural regulatory constraints, too rigid budgeting and administration barriers, weak coordination and supervision and overlapping authority in managing and providing assistance to beneficiaries. Novelty: Belum ada penelitian yang mempelajari Ragam Kebijakan PEN dalam Pemulihan Ekonomi di Indonesia Pasca Pandemic Covid 19
The Factors That Inhibit The Achievement Of The Indonesian Correctional Institutions’ Objectives sulistya eviningrum
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.784

Abstract

Introduction: The role of rehabilitating and developing prisoners is stipulated in Law No. 12 of 1995 on Correctional Institutions. The development of prisoners is still ineffective in some aspects. This study analyzes the factors that inhibit the achievement of the Indonesian criminal institutions’ objectives. Methods: This is juridical normative legal research that was conducted with a statute approach to analyze all laws concerning the discussed legal issues. Results and Discussion: The results show that several factors inhibit the achievement of the Indonesian correctional institutions’ objectives, namely: (1) The legal factor: There is a lack of regulation on the third parties’ participation in rehabilitating prisoners at correctional institutions; (2) The law enforcement factor: Correctional institution officers do not specially guide inmates to increase their skills, as they only maintain security and order; (3) The facility factor: There is a lack of adequate facilities in correctional institutions; (4) The society factor: There is a lack of social participation in rehabilitating prisoners due to their lack of concern for prisoners; (5) The cultural factor: There is still a negative stigma that is associated with ex-convicts. Thus, many of them face difficulties in reintegrating into society. Conclusion: The factors of law; law enforcement; facilities; society; and culture affect the achievement of the correctional institutions' objectives. These factors correlate as they are the essence of the success in rehabilitating inmates.
Legal Aspects Of Prima Ternate Hospital Waste Management For Environmental Pollution Prevention Rusdin Alauddin; irham Rosyidi; Wahda Zainal Imam
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.1181

Abstract

Introduction: Hospitals have an important role in providing health services to the community and recovery for patients. Besides positive hospital activities, there are also hospital activities that have negative consequences such as producing medical waste and non-medical waste. Methods: The research method used is empirical legal research by conducting observations and interviews in the field Garbage or hospital waste is considered to be a link in the spread of infectious diseases. Result: Waste can cause health problems, injury and environmental pollution because it contains toxic chemicals and sharp objects. Discussion: This study aims to analyze and evaluate waste management at Prima Ternate Hospital in the context of preventing environmental pollution. showed that the greater the waste generated by Prima Ternate Hospital, the greater the potential to pollute the environment. Consclussion: Therefore, the implementation of good hospital waste management is very necessary to get a hospital condition that meets environmental health requirements.
Strategic Steps Of The Human Rights Commissioner In Handling Cases Of Human Rights Violations Dewi Iriani; Muhammad Fauzan; Rohmah Maulidia
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.1182

Abstract

The Republic of Indonesia’s reformation era, many human rights violations occurred during, including human rights violations in cases of Trisakti, Semanggi 1, and Semanggi 2. There were ethnic, racial, and religious conflicts. The state is obliged to provide protection for victims of human rights violations. The Human Rights Commissioner plays a role in issuing policies/decisions to resolve cases of human rights violations that require a long time to resolve. Unfortunately, the term of office of the Chairperson/Deputy of the National Commission for Human Rights (NCHR) only lasts 2 years and 6 months after which they can be re-elected. This is regulated in Regulation of the NCHR No. 2 of 2019 concerning the Order of the NCHR. It is impossible to properly settle cases of human rights violations with a commissioner term of office that is only limited to 2 years and 6 months. Therefore, legal construction is required to revise the term of office of the NCHR Chairperson and Deputy. This paper was library research, namely research using library data from books and journals. It was found that the NCHR had trouble resolving human rights cases due to political pressures. Then, the NCHR Chairperson and Deputy’s term of office should be revised to five years so that they have more time to serve the people by resolving cases of human right violations.
Unraveling Child Legal Problems in the Era of the Covid-19 Pandemic in a Holistic Paradigm Perspective Bambang Sukoco; Moh. Indra Bangsawan Indra; Dewi Eko Wati; Dewi Kusuma Diarti; Sandya Mahendra; Arnold Tri Hantoro
Law and Justice Vol. 8 No. 1 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i1.1201

Abstract

The legal approach (Law No. 35 of 2014 concerning Child Protection) in solving problems related to child protection during the Covid-19 pandemic has not shown optimal results so that an alternative approach is through a holistic approach that will elaborate on the relationship between law and other scientists. Objective: This research aims to: 1). Describe a holistic paradigm from a legal perspective; 2). Describe the concept of a holistic paradigm as an effort to protect children from acts of family-based violence during the Covid-19 pandemic. Methods: This research is normative legal research with a statutory approach and a holistic concept approach. Findings: A holistic approach in law means reinstatement the law with its environment; by reuniting it with society’s realities, it will restore the integrity of the law itself. A holistic approach to child protection in the Covid-19 pandemic era can be learnt in several aspects, namely religious aspects, health aspects, psychological aspects, sociological aspects, economic aspects and legal aspects. Function: This research explains the urgency of the holistic concept that regulates child protection, which means recombining the law with its environment. Novelty: There has not been any research that studies the same topic as that discussed in this article
Juridical Review of Legal Relations in Child Care Agreements (Study at The Orphanage Orphaned Daughter Aisyiyah Grogol Sukoharjo) Septarina Budiwati; Ameilia Annisa Salsabila; Wardah Yuspin
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.1539

Abstract

Along with the development of the era of human life, the birth rate of children is increasing rapidly. Children as creatures of God Almighty have the right to life and independence and to protection from parents, families, communities, and the state. The rapid development and increase in human civilization have an impact on the higher life of fulfilling services. In this case, the orphanage acts as a social welfare institution that has the responsibility of providing services to neglected children, as well as providing substitute services or child care in fulfilling their needs. Where this supports the birth of a child care agreement. One example is the child care agreement at the Aisyiyah Women's Orphanage Grogol Sukoharjo. The purpose of this study was to determine the form and content of the child care agreement at the Aisyiyah Grogol Sukoharjo Orphanage and to determine the legal relationship in the child care agreement at the Aisyiyah Grogol Sukoharjo Orphanage. The method used in this research is normative juridical method. The results showed that the form of the child care agreement at Aisyiyah Grogol Sukoharjo Orphanage is a written agreement and the contents of the agreement are also in accordance with Article 1338 of the Civil Code regarding the principle of freedom of contract and also in accordance with Article 1320 paragraph (1) of the Civil Code regarding the principle of consensualism. Furthermore, the legal relationship in this agreement is in accordance with Article 1338 paragraph (1) of the Civil Code regarding the principle of pacta sun servanda, in accordance with Article 1338 paragraph (2) and (3) of the Civil Code, and the rights and obligations arising in the agreement are in accordance with Law Number 4 of 1979 concerning Child Welfare and also QS Al Anam verse 151, Al Baqarah verse 233, At Tahrim verse 6.
Implementation of Informed Consent by HealthCare Professionals to Ensure Patient Safety in Hospitals Muhammad Nur Aji Basuki; Yuspin, Wardah
Law and Justice Vol. 8 No. 2 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i2.1540

Abstract

Penyelenggaraan pelayanan kesehatan dapat dipandang dari tiga subyek yaitu Pemakai, Penyelenggara, serta Penyandang dana pelayanan kesehatan. Bagi pemakai jasa pelayanan kesehatan, kualitas pelayanan lebih terkait pada dimensi ketanggapan petugas memenuhi kebutuhan pasien, kelancaran komunikasi petugas dengan pasien. Pelaksanaan Informed Consent haruslah mencerminkan asas umum pemerintahan yang baik karena hal tersebut berkaitan terhadap administrasi pemerintah. hal tersebut perlulah diperhatikan karena untuk menjaga marwah profesi kedokteran dan/ atau tenaga kesehatan, marwah rumah sakit penyedia layanan serta marwah hak dari pasien itu sendiri. Keadaan gawat darurat Informed consent tetap merupakan hal yang paling penting walaupun prioritasnya diakui paling bawah. Prioritas yang paling utama adalah tindakan menyelamatkan nyawa. Budaya keselamatan yang kuat tidak hanya menjadi inti untuk mengurangi bahaya terhadap pasien, tetapi juga penting untuk menyediakan lingkungan kerja yang aman bagi petugas kesehatan.   The implementation of health services can be seen from three subjects, namely Users, Organizers, and Presentation of health funds. For health service users, service quality is more related to the dimensions of staff responsiveness in meeting patient needs, smooth communication between staff and patients. The implementation of Informed Consent must reflect good general governance because it is related to government administration. This needs to be taken into account because it is to maintain the dignity of the medical profession and/or health workers, the dignity of the hospital providing services and the dignity of the rights of the patients themselves. emergency department Informed consent The situation remains the most important thing even though the priority is acknowledged to be the lowest. The most important priority is action to save lives. A strong safety culture is not only central to reducing harm to patients, but is also essential to providing a safe work environment for healthcare workers.
Personal Data Protection Policy during Covid-19 Pandemic Era Moh. Indra Bangsawan; Budi Santoso; M. Junaidi; Dewi Kusuma Diarti; Sandya Mahendra; Engine Kubota
Law and Justice Vol. 8 No. 1 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i1.1558

Abstract

Advances in technology and information demand that the law can accommodate all forms of need for legal protection in the future. Objective : This research aims to describe the picture of threats to data resources in the midst of the COVID-19 pandemic as well as describe personal data protection policies in the midst of the Covid-19 pandemic. Methods : This research uses the literature review method. The literary materials obtained are in the form of scientific papers, online media, books, etc. that concerns the analyzed object. Findings : The current personal data protection policy is still based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which until now is considered not optimal to ensure legal protection of data resources in the era of the Covid-19 pandemic. 19. Data reports from the National Cyber and Crypto Agency show that until 2020 cyber attacks in Indonesia have increased to reach 190 million cyber attacks. Function : This research provides an explanation of the urgency of the need for legislation that specifically regulates the protection of personal data. Novelty : There has not been any researches that study the same topic as that discussed in this article.
The Urgency Of Authentication And Protection Of Personal Data In Online Transactions Mutimatun Niami
Law and Justice Vol. 7 No. 2 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i2.1586

Abstract

Fraud in online trading is a crime that is difficult to enforce the law. Fraud can be committed by sellers by counterfeiting their products or by driving transactions outside of e-commerce. Meanwhile, fraud committed by buyers is carried out by falsifying identities and fake orders. The efforts have been made to threaten the perpetrators with criminal noose but have not reduced the number of frauds that occur. This research was conducted using normative research that looked at fraudulent behavior and related it to the legal provisions in the ITE Law and in the Personal Data Protection Law. The research found that the need for authentication as a marker for sellers and buyers when interacting on the internet so that fraud can be minimized because the identity of the perpetrator can be identified easily with the authentication method. So that the perpetrator's track record can be easily detected and this prevents the perpetrator from committing fraud.

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