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Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30630495     EISSN : 30629144     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
sistem federalisme terhadap struktur pemerintahan, hukum, dan dinamika sosial-politik suatu negara. Artikel-artikel dalam jurnal ini membahas konsep dasar federalisme, model-model implementasi di berbagai negara, serta analisis konstitusional terkait pembagian kekuasaan antara pemerintah pusat dan daerah
Arjuna Subject : Ilmu Sosial - Komunikasi
Articles 87 Documents
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Perlindungan Hukum Terhadap Kerahasiaan Data Pasien Antara Rekam Medis Konvensional Dan Elektronik Tifany Dwi Harant
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.10

Abstract

Health service facilities have the duty and obligation to protect the confidentiality of information contained in medical record files and must not disclose or provide this information to unauthorized people or institutions. The aim of this research is to determine legal protection for the confidentiality of patient data between conventional and electronic medical records. The research method used is normative juridical. The research results show that legal protection can be grouped into two, namely preventive and repressive legal protection. Preventive legal protection or prevention of violations related to medical records can be carried out by maintaining the confidentiality of medical records, maintaining medical record storage, and maintaining procedures for the release of health information. Meanwhile, repressive legal protection can be carried out by taking responsibility for violations that have been committed in the form of criminal, civil and administrative sanctions.
Analisa Yuridis Penerapan Hukum Pidana Internasional Terhadap Tindak Pidana Pencucian Uang Nasional Khamdan Khanafi
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.12

Abstract

Its implementation and application require the use of the TPPU Law by relying on the initial crime or primary crime, the main crime according to investigators and prosecutors is part of the formal and material requirements in an event file, for its fulfillment if it is incomplete it can be considered unable to carry out prosecution by prioritizing formal processes. Money laundering cases are rarely charged under the TPPU Law because the charges given are not cumulative charges, and are only limited to the initial crime, complicated bureaucracy and difficult communication between agencies due to the integrity that does not exist between judicial institutions as a criminal justice system, lack of socialization process and regarding the anti-money laundering regime to investigators, public prosecutors, and PPATK. The problem in this study is how to apply international criminal law to money laundering. The application of International Money Laundering into Indonesia's national criminal law depends on compliance with international treaties governing transnational criminal activities. This agreement has been approved and implemented by the legal and regulatory framework of the country. This impact is seen in lawmaking, the passing of Presidential Decrees, and the legal doctrine articulated in this agreement. The Money Laundering Act serves as an example of domestic criminal legislation promulgated as a means of enforcing international conventions
Analisis Regulasi Terhadap Pengembangan Industri Medical Tourism di Indonesia Maria Chrisma Pramana
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.13

Abstract

Indonesia still faces several challenges in developing medical tourism. Various sources, using data for 2018, show that Indonesian citizens actually go for treatment in Malaysia and Singapore, spending around US$23 billion, whether for treatment at government or private hospitals. The normative juridical method in this study will help in understanding the legal regulations and norms governing the medical tourism sector in the country, as well as assessing how these regulations affect the development of the industry. The results of this study are that Medical Tourism in Indonesia is regulated in Permenkes No.76/2015 concerning Health Tourism Services. PMK's weakness is the nuances of demand for the overseas patient market. Then the limitation that only type A and type B Hospitals are entitled to be designated as Hospitals with Medical Tourism Services in Indonesia is also an obstacle to the growth of the Health Tourism Service Climate. Not to mention, the socialization of the requirements for applying for a hospital for Health Tourism services is still lacking, including the requirements to be accredited (National Plenary level), and have cooperation documents with the Travel Bureau which has medical tour guides. To oversee the development of health tourism, the Indonesian Health Tourism Board (IHTB) was formed which was initiated by the Ministry of Maritime Affairs and Investment.
Dampak Kesehatan Pasca Aborsi Arif Agung Winarto
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.16

Abstract

Abortion or the scientific language is Abortus Provocatus, is the method most often used to end an unwanted pregnancy, even though it is the most dangerous method. Abortus Provocatus is divided into two types, namely Abortus Provocatus Therapeuticus and Abortus Provocatus Criminalis. Abortus Provocatus Therapeuticus is an abortion provocatus carried out on the basis of medical considerations and carried out by personnel who have received special education and can act professionally. Meanwhile, Abortus Provocatus Criminalis is an abortion provocatus that is done secretly and usually by personnel who are not specially educated, including pregnant women who want to carry out the abortion provocatus. Abortus Provocatus Criminalis is one of the causes of death of women during their fertile period in developing countries.
Peranan Edukasi Kesehatan Reproduksi Pada Remaja Eko Bambang
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.21

Abstract

Health in adolescence is an important aspect in an individual's life cycle. This period is the time when individuals begin to learn and have functional abilities and health. In terms of health, this period is an important period for reproductive health and the initial formation of healthy living behavior. Based on data from the 2010 Population Census, the group of teenagers aged 10-19 years has a proportion of 18.3% of the total population of Indonesia or around 43.5 million people. The large population of teenagers is an asset and potential for the nation in the future, therefore growth and development must proceed positively and be free from various threatening problems, including reproductive health problems.
Faktor-Faktor Yang Menghambat Perlindungan Konsumen terhadap Pengguna Barang Thrift Fasion dipasar Andalas Kota Gorontalo Mayanti Abdullah; Weny A Dungga; Sri Nanang Meiske Kamba
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.50

Abstract

This research aims to find out about the phenomenon of legal protection for consumers using thrift fashion goods in the Andalas market, Gorontalo City and the factors that hinder consumer protection for users of thrift fashion goods in the Andalas market, Gorontalo City. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research indicate that Consumer Protection is regulated in Law no. 8 of 1999 which is a replacement for Law no. 3 of 1989 concerning Telecommunications. The consumer protection law itself regulates the rights and obligations of consumers, including producers, who act to meet consumer needs and ensure the realization of legal protection for the benefit of others. In essence, consumer protection is the consumer's own right, including the activities and movements of the sales industry which are currently being widely discussed and highlighted, especially the buying and selling of imported second-hand clothing, known as thrifting, namely the activity of shopping for used goods such as clothes and other types, whose prices are very high. cheaper, as well as factors that hinder the provision of this protection and make it not work as it should. In the city of Gorontalo itself, there are problems in providing consumer protection for the sale of imported second-hand clothing, namely; strong desire on the part of sellers and buyers, law enforcement is limited to socialization and appeals without confiscation and sanctions, and lack of public awareness.
Pelaksanaan Tugas Camat dalam Membina dan Mengawasi Kegiatan Pembangunan Desa di Kecamatan Sulamu Kabupaten Kupang Melton Herison Nenometa; Hernimus Ratu Udju; Cyrilius W,T. Lamataro
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.51

Abstract

The implementation of the Subdistrict Head's duties in fostering and overseeing village development activities in Sulamu Subdistrict, Kupang Regency, can be categorized as uneven and not well-realized. The village development programs in Sulamu Subdistrict can be said to have not been well-implemented, as evidenced by several issues, including insufficient progress in physical infrastructure such as roads and bridges being in poor condition. The aim of this research is to identify the factors hindering the execution of the Subdistrict Head's duties. This study is based on empirical juridical research, employing an approach that utilizes primary data collected directly from the research site. Based on the findings, the inhibiting factors of the Subdistrict Head's duties include human resources factors, infrastructure factors, and coordination factors.
Penggunaan Gelar Tanpa Hak Ditinjau dari Peraturan Perundang-Undangan Rifki Asrofi
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.52

Abstract

Social media has recently been abuzz with the polemic of high school students graduating using MIPA degree sashes. The use of academic degrees without rights can cause misunderstandings and damage the integrity of academic symbols, which should be maintained authentically in order to respect the true value of education. This type of research is normative juridical, examining laws, data from literature studies, analyzed descriptively qualitatively. The provisions for the use of degrees have been regulated in several laws and regulations in Indonesia. The use of academic degrees without rights violates the Higher Education Law, Permendikbudristek No. 6 of 2022 and the Criminal Law with the threat of a 10-year prison sentence or a category VI fine. It would be better if someone does not carelessly create or name a degree or use a degree without rights, because it is detrimental to academic integrity and violates the law, creating a false impression.
Fungsi Legislasi Dewan Perwakilan Daerah dalam Pembentukan Undang-Undang Yabes Abraham Hau Wele; Yosef Mario Monteiro; Rafael Rape Tupen
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.53

Abstract

Legislation function owned by DPD is still limited, it shows the weak position and role (position and function) of DPD when compared with DPR. DPD does not have the authority to form laws together with DPR and the President and has no authority in setting the state budget. The formulation of the problem in this study are: (1) How is the legislative function of the House of Regional Representatives in the formation of the Act? (2) What is the ratio of the legislative function of the House of Regional Representatives that is different from the House of Representatives? This research is a normative juridical research which can be interpreted as a library legal research conducted based on literature or secondary data. In other words, this research is library research (library reseach), meaning that this research is conducted by reading works related to the issues to be studied and then containing a study of the research. The results of research and discussion show that: (1) The legislative function of DPD has a major role in the formation of the Act at the stage of discussion and ratification. At the discussion stage, although its participation is limited to level 1, DPD provides input and consideration of the bill relating to regional autonomy, central-regional relations, and management of economic and natural resources. Furthermore, at the stage of ratification, a joint agreement between DPR and the President strengthens the status of the bill into law. Although DPD can provide input and consideration of some bills, the final decision remains in the hands of DPR. This confirms that the main role of DPD is more as an advisory body in the legislative process. DPR has greater power than DPD in the formation of the Act, with the authority to take the final decision. Thus, although DPD has an important role in certain aspects of the formation of the Act, the main power and final decision remains with DPR. (2) Comparison of legis ratio between DPD and DPR has different representation. DPD represents the interests of the region directly, while DPR represents the interests of the people through political parties. DPD is present to accommodate regional aspirations that are not always represented by DPR. This reflects that the legislative role of DPD has significant limitations. DPD should function as a mechanism of checks and balances in Indonesia's bicameral system. However, due to its limited authority, the implementation of this function has not been optimally realized. Thus, although DPD has an important role in representing regional aspirations, the differences in authority and rights between DPD and DPR cause their position to be unbalanced in the legislative process.
Penegakan Hukum Pidana terhadap Praktek Prostitusi Terselubung pada Panti Pijat Tradisional di Indonesia Mansyur Naseh Husein; Helvis Helvis
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 3 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i3.54

Abstract

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.

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