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Jurnal Hukum Universitas Karyaa Husada Semarang
Published by Sekolah Tinggi Ilmu Kesehatan Karya Husada Semarang
ISSN : 28306430     EISSN : 2830683X     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Other
SMART Law Journal is a peer review and open access journal which publishes scientific works on law field. biannual published (February and August). The topic covers all law area including basic research law.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 9 Documents
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Search results for , issue "Vol. 2 No. 2 (2023): Agustus 2023" : 9 Documents clear
PENGGUNAAN METODE YURIDIS NORMATIF DALAM MEMBUKTIKAN KEBENARAN PADA PENELITIAN HUKUM Muhammad Zainuddin; Aisyah Dinda Karina
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.26

Abstract

Legal issues must be studied scientifically through various legal studies so as to be able to present the right solution. Legal research itself must use methods that are in accordance with existing legal problems. This research method is urgent because it will determine the truth or validity of the results of a study. Inappropriate methods affect the results of the study itself. Broadly speaking, legal research methods are divided into two, namely empirical and normative. Normative legal research is influenced by pure legal doctrine. The discussion in this research is more about why normative juridical methods are needed in proving the truth in legal research?, and what is the mechanism for using normative juridical methods in proving the truth in legal research?. This study aims to analyze the urgency of using normative juridical methods in proving the truth in legal research, and to find out the mechanisms and stages that must be carried out in using normative juridical methods in proving the truth in legal research. The statutory approach is very important to use in analyzing a legal problem, the settlement of issues or legal problems must of course be based on constructive arguments and on the basis of rules or positive law. The stages in normative legal research begin with secondary data collection through literature study, then analysis is carried out using deductive logical thinking. deductive by emphasizing norms, jurisprudence and doctrine. Then the final stage is the researcher by making a decision or a conclusion.
PERLINDUNGAN HUKUM BAGI BIDAN DALAM PROGRAM PELAYANAN KONTRASEPSI KELUARGA BERENCANA YANG BERKEADILAN Putri Wardhani; Ahmad Wahid
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.27

Abstract

Maternal Mortality and Infant Mortality are one of the main targets of the 2015-2019 RPJMN. One of the causes of the high maternal and infant mortality rate is pregnant women with condition 4 too. The government, through BKKBN, launched a Family Planning Service Program or the use of Contraceptives. Midwives, should only provide short-term contraceptive services in the form of giving Pills, condoms and injections. The authority of midwives in the provision of long-term contraceptives, such as IUD and implants, is an authority that is an assignment from the government. The problem in this study is How is the legal protection for midwives in the family planning contraceptive service program that is equitable?. The method used is qualitatively descriptive and matches the results in the field with government regulations related to obstetric services. The authority under the Law is delegative, referring to how the protection is provided if a problem arises, Long-term contraception still has a post-installation risk. If the problem arises, the midwife is expected to have the right protection. Advice for the community and midwives to be able to better understand the current authority of midwives, not only based on past traditions, IBI can increase knowledge related to legal aspects of midwifery services so as to prevent violations of authority. The government is expected to review regulations that limit basic midwifery services in the community.
EFEKTIVITAS PERAN UNDANG-UNDANG CIPTA KERJA DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP PEKERJA Syukron Kadir
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.28

Abstract

The Job Creation Law which uses the Omnibus Law method has the aim of increasing investment and making industrialization in Indonesia more advanced. The efforts that are being made include cutting the bureaucratization route and making it difficult to permit new activities. As a source of law, of course the Job Creation Law must be able to answer and resolve problems that occur related to employment. So that the Job Creation Law will have an impact on workers, so the issue raised is What are the Implications of the Job Creation Law on legal protection for workers. Through a normative juridical approach using primary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Later it will be elaborated on every statutory regulation related to legal theory as an object of research. Based on the analysis carried out, the content of the material in the Job Creation Law (omnibus law) actually has implications in the form of a decline in the protection and fulfillment of the right to work and a decent living. There are indications that the Job Creation Law has gone backwards compared to (existing) sectoral regulations because it is influenced by the availability factor, this is because it does not provide broad job opportunities for the community, instead it opens the tap for workers from various countries. Apart from that, it is also felt that the Job Creation Law has decreased efforts to protect the right to work and decent wages starting with forcing outsourcing of workers under the pretext of expanding job opportunities and accelerating national strategic projects. The implications of opening jobs that are outsourced are not only related to sustainability and certainty of the right to work, but also have another impact, namely the potential for a decrease in the quality of the working relationship between employers and workers.
EFEKTIFITAS MEDIASI DI LUAR PENGADILAN DALAM PENYELESAIAN SENGEKETA Siti Nur Umariyah Febriyanti; Widya Kusuma Ningasih
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.29

Abstract

Mediation is an alternative dispute resolution that can be chosen by both parties by involving a mediator as a neutral third party to assist in resolving disputes. The purpose of this research was to determine the effectiveness of out of court mediation in resolving medical disputes. This study uses a normative juridical method with analytical descriptive characteristics and uses qualitative data. Mediation is the most appropriate alternative to dispute resolution in civil cases because mediation process outside the court benefits both parties according to the agreement and runs peacefully.
JAMINAN KEPASTIAN HUKUM INVESTASI DI INDONESIA SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Pandu Nugroho; M. Adib Ridwan Azizy
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.30

Abstract

This writing discusses issues related to legal certainty for direct investment in Indonesia in the perspective of Law Number 25 of 2007 concerning Investment in the new Investment Regulations in Indonesia through Law Number 11 of 2020 concerning Job Creation ( hereinafter abbreviated as "UUCK"). The research method used in this study is Normative Juridical, based on secondary legal materials. The analysis in this article uses a legal approach (Statute Approach) and a conceptual approach (Conceptual Approach). The legal materials search technique uses library research techniques (Library Research) and research analysis uses qualitative analysis. The results of the author's analysis show that the government's role is very important in encouraging increased direct investment in Indonesia. To achieve this, legal certainty is the main point that must be emphasized and studied before making direct investment. On that basis, the government issued the Job Creation Law as an answer to problems related to guaranteeing legal certainty for investment in Indonesia.
TANGGUNGJAWAB HUKUM PERUSAHAAN ANGKUTAN UMUM TERHADAP KESELAMATAN PENUMPANG Rielia Darma Bachriani; Irfan Cheetah Setiaaji
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.31

Abstract

Transportation is a reciprocal agreement, in which the carrier binds himself to arrange the transportation of goods and or people from one place to another destination, while the other party is obliged to pay a certain amount of transportation costs. In the agreement for the transportation of people or passengers there are two legal subjects, namely the carrier and the passenger. Protection of passengers is the main obligation for the carrier itself. Several forms of safety guaranteed in Law Number 22 of 2009 for passengers, are protection for the safety of humans and/or goods. This study uses normative juridical techniques. The normative juridical method is used with secondary data to carry out an academic analysis of the safety of land public transport passengers. The conclusion of this study is that if an accident occurs and causes injury or death, the legal consequences for public transport companies are regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation in article 192 states that the public transport business entity is responsible for responsible for losses suffered by passengers who die or are injured due to the operation of transportation, except for an incident that cannot be prevented or avoided or due to the fault of the passenger.
SANKSI PIDANA BAGI PELAKU PERKAWINAN ANAK DIBAWAH UMUR DI INDONESIA Zakki Mubarok; Zenda Vidya Uttamo
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.32

Abstract

Juridically, child marriage is a form of violence against children which violates children's rights and is contrary to the State's commitment to protect children from violence and discrimination. In Indonesia, marriage is regulated in Law Number 16 of 2019 Amendments to Law Number 1 of 1974 concerning Marriage which regulates the minimum age limit for a person to marry. In fact, we often find minors getting married, even though they do not meet these criteria. Various reasons were put forward, ranging from economic, social, low education, culture and even incidents of being pregnant first. Through normative legal research with qualitative analysis, this paper describes the high number of child marriages in Indonesia. Based on data from the Central Statistics Agency (BPS) for 2020 child marriage shows a rate of 10.82% in Indonesia. Children who are married under the age of 18 are very vulnerable to various problems. As a result of child marriage, it causes losses not only to children and their families, but also to the State. Child marriage has implications for education, the economy, health, domestic violence and even human trafficking and has the potential to cause intergenerational poverty. Efforts to eliminate child marriage are the target of SDGs point 5.3 in 2030. For this reason, a prevention strategy is needed so that child marriage does not occur, so that child-friendly cities are created in Indonesia. The results showed that: underage child marriages indicated violations of several regulations, namely, the Marriage Law, the Child Protection Law and Article 288 of the Criminal Code. Even though indications of several violations have been found, until now there have been no strict, clear and written regulations regarding sanctions for perpetrators of underage child marriages, only the consequences arising from underage child marriages are subject to criminal sanctions contained in the Article 288 of the Criminal Code. Recognizing the need to enact written laws and regulations, the Ministry of Religion drafted a Draft Law on Applied Law for the Religious Courts which aims to prevent underage child marriages. This draft law provides for fines of up to Rp. 6,000,000.- (six million rupiah) to the perpetrators of underage child marriage and imprisonment for 3 months plus a fine of Rp. 12,000,000 (twelve million rupiah) for the headman who is married.
FENOMENA KASUS PERCERAIAN PADA USIA PERNIKAHAN DI BAWAH 5 (LIMA) TAHUN DI ERA POSTMODERNISNME (Studi di Pengadilan Agama Semarang) Dian Rosita; Naili Azizah
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.33

Abstract

Divorce cases is increasing and become a trend for the last three years in Indonesia. Divorce is much more socially acceptable in today's society. The hedonic, consumptive, informative and imaginary characteristics of a post-modernist society are indicators of factors that cause divorce.This study using a normative legal research method with a statutory and analytical approach. The purpose is to find out how the view of marriage in the postmodern era, factors that cause divorce at the age of marriage under five years, and the considerations of the Religious Courts judges decided the case referring to SEMA No. 1 Year 2022. The results state that the personal character in the postmodern era can be an illustration of how they view many things, especially about marriage. Couples who decide on marriage should have mental preparation, economy, and education first. Compromise also an understanding of lifestyle and behavior between partners also need to be discussed before and after marriage so the age of marriage does not stop when still under five years but can continue into old age together.
KONSTRUKSI HUKUM EFEKTIFITAS PERAN ORGANISASI PROFESI KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2023 TENTANG KESEHATAN Sutrisno
Smart Law Journal Vol. 2 No. 2 (2023): Agustus 2023
Publisher : Universitas Karya Husada Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34310/slj.v2i2.34

Abstract

This study aims to analyze (1) the role of professional health professional organizations in providing legal protection to current health workers before the issuance of Law Number 23 of 2023 concerning Health and (2) the legal construction of the effectiveness of the role of health professional organizations based on Law Number 23 of 2023. The research method used is normative legal research methods with statutory and conceptual approaches. The results of the study show that (1) the role of professional health worker organizations in providing legal protection to current health workers prior to the issuance of Law Number 23 of 2023 concerning Health will provide legal protection for their members as in the case of the Indonesian National Nurses Association (PPNI) organization which will act as a mediator in medical disputes faced by its members and will help members who are deemed guilty if according to PPNI the nurse has carried out procedures in accordance with her professional duties; and (2) the legal construction of the effectiveness of the role of health professional organizations based on Law Number 23 of 2023 is not effective. The legal construction for the regulation of professional health worker organizations indicates the existence of the phenomenon of fragmentation and amputation of the role of health worker organizations so that their role becomes ineffective.

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