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Mahkamah: Jurnal Riset Ilmu Hukum
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30633990     EISSN : 30634024     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini menyajikan artikel-artikel yang membahas berbagai aspek hukum, mulai dari hukum pidana, hukum perdata, hukum administrasi negara, hingga hukum internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum" : 5 Documents clear
Jurnal Spektrum Hukum Konflik Norma Pasal 15 Ayat (2) Dan Ayat (3) Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia (Studi Putusan MK Nomor 18/PUU-XVII/2019) Firman Ikhsan
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.15

Abstract

The rights of Fiduciary guarantees, in practice, are often violated by Fiduciary guarantee recipients. Even thuggery methods are used for this purpose. The purpose of this study was to identify and analyze the legal norms formulated in Article 15 of the Fiduciary Guarantee Law and the conflicting norms of Article 15 paragraph (2) and paragraph (3) of the Fiduciary Guarantee Law with the original intense formulation of Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia . The research method uses a normative juridical approach. Legal norms which are the legal substance of the formulation of the Fiduciary Guarantee provisions are analyzed through a concept and law approach. Fiduciary towards the 1945 Constitution, caused by the phrase "executive power" and the phrase "the same as a court decision that has permanent legal force" which is contrary to the principles of legal certainty and fairness of the parties to the agreement. The legal argument is the subjectivity of creditors (Fiduciary Recipients) in assessing and determine the circumstances of default (default) of the debtor (Fiduciary Provider).
Implementasi Wisata Medis Berdasarkan Undang-Undang Nomor 10 Tahun 2009 Subarno Subarno
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.22

Abstract

Health is one of the basic human needs, now also can be one alternative lifestyle that can be selected by someone to get satisfaction in his life, such as medical tourism. Medical tourism is an activity carried out by an individual to get a health service or medical care abroad. In the effort to develop the health system and competition and the impact of health globalization, it does not rule out the possibility that medical tourism raises intense competition among hospitals in providing quality services and superior service products provided by hospitals in attracting foreign patients to come get treatment. Objective of this research is to determined factors that affect hospital to be medical tourism’s aim. Methods in this research is literature review from international journals. The results is hospital needs to improve their physician’s skill, facilities, accessibility, and promotions. So that medical tourism is a new phenomenon for hospitals in Indonesia to prepare professional and superior health personnel and sophisticated health technology as a developmental need for medical tourism. Need to study or identify factors that influence medical tourism in hospitals in Indonesia.
Kebijakan Hukum Terhadap Pelaku Perundungan Di Sekolah Yang Berdampak Pada Perkembangan Mental Anak Ardian Firmansyah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.23

Abstract

The number of cases of criminal acts of bullying lately has increased, which is even sadder to the point where victims die. Of the several cases that have come to the public's attention is the bullying committed by children in the school environment. This phenomenon requires the government to issue policies to deal with cases of bullying. This research is intended to examine and provide an understanding of how legal policies are against perpetrators of bullying in schools and how big the impact of bullying is on the mental development of children as victims. This type of research is normative legal research with library research as the approach. The results of the study show that children as perpetrators of bullying should not be left alone in a peaceful settlement through the implementation of a diversion process outside the judiciary, but rather be given sanctions in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Article 82 paragraph (1) letter e of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely the obligation to attend formal education and/or training organized by the government or private bodies, is the proper legal basis for imposing sanctions on acts against children . In particular, some of the impacts of bullying on mental health are that the victim experiences trauma to the perpetrator, depression which causes the victim to experience a decrease in concentration, further loss of self-confidence, as a form of revenge, the victim has a feeling of wanting to bully, fear of being seen or noticed in public or social bullying , anxiety that tends to be excessive, dropping out of school and even the victim commits suicide. Meanwhile, the result of bullying for children's mental health is that victims of bullying tend to be alone because they feel the most guilty among others, victims have decreased self-confidence, reduced enthusiasm for life so they prefer to be moody and not anxious. For some people their emotions are getting more and more uncontrollable so that it results in a feeling of revenge in the victim's heart and makes them want to do what they have experienced against other people.
Tanggung Jawab Hukum Rumah Sakit Terhadap Pasien Akibat Salah Sisi Operasi Ristyani Krisnawati
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.26

Abstract

Hospitals have an obligation to provide services in accordance with standard operating procedures for patient care, maintain patient safety and security, and provide accurate information. Incorrect medical treatment such as surgery on the side of the body that is not in accordance with the diagnosis can have a serious impact on the patient. The wrong side of the operation on the patient caused by the negligence of medical staff may result in legal liability for negligence. The hospital can be held responsible and obliged to provide compensation for the physical, emotional and financial losses suffered by the patient. If an incident occurs that harms the patient, the hospital may be subject to lawsuits. Hospitals must be legally responsible and take steps to improve the medical service system to improve quality and patient safety.
Perlindungan Hukum Terhadap Pasien Pengguna BPJS Kesehatan Di Rumah Sakit Dewinta Widianingtyas
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.29

Abstract

Health BPJS program aims to provide assurance of social protection and welfare for all Indonesian people. One of the problems that patients who use BPJS often face is the problem of Health BPJS services in the field, namely cases of refusal of patients participating in Health BPJS to get an examination room by the hospital. The need for legal protection in obtaining health services, which aims to ensure legal certainty obtained by patients that patients avoid losses when receiving health services that should be provided properly and optimally by health workers. This study aimed to identify and analyze the legal protection of patients who used Health BPJS in hospitals. This study used a normative juridical approach. The result showed that there were two kinds of legal protection for Health BPJS participants in health services, namely preventive and repressive legal protection.

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