Verdict: Journal of Law Science
Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, academics, practitioners, students, teachers, judges, and administrators to publish original research articles or review articles, and offers opportunities for them to stay abreast of new ideas and advances in legal reform. The topics covered by this journal are diverse, including criminal law, civil law, commercial law, health law, environmental law, agrarian law, maritime law, international law, tax law, consumer protection law, medical law, spatial planning law, labor law, transportation law, mining law, energy law, administration, and legal justice. However, it is also open to interdisciplinary legal research. The journal warmly welcomes contributions from scholars in related disciplines, with a priority on new and current issues for publication. Verdict: Journal of Law Science is published twice a year.
Articles
71 Documents
<![CDATA[Karya Digital dan Perlindungan Hak Kekayaan Intelektual Di Era Digital ]]>
<![CDATA[Evelyn Angelita Pinondang Manurung]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.1.2022.30-36
<![CDATA[Digital Works and Protection of Intellectual Property Rights in the Digital Age Advances in technology and information today have a significant impact on changes in human life. The digital era today is very dependent on internet-based technology media. The existence of internet-based platforms has brought people closer to the digital world. Changes in the dynamics of the society in a digital society, of course, have an impact on the knowledge or understanding of the community on the legal impact of the use of digital platforms, such as knowledge of one's intellectual property rights on digital media. Work that was still physically in the form of now turned into digital media or digital copyright works. In this case, the regulations governing the intellectual property rights of a person/organization should accommodate and protect the digital intellectual creation of the Indonesian people as a form of legal protection for the rights possessed by the owner of the Cipta work. This study aims to protect intellectual property rights in digital-based products/works. This study uses a normative juridical research method using the source of literature, including applicable laws, legal literacy, and other legal materials. Technological advances have made it easier for everyone to steal and duplicate the digital work of others to make a profit. Therefore, the existence of an existing legal umbrella and policy, namely Law Number 11 of 2008 concerning Information on Electronic Transactions and Law Number 28 of 2014 concerning Copyright, is expected to increase innovation increase competitiveness in the digital era and support the protection of rights of Intellectual Property for Digital Work for all parties who are entitled.]]>
<![CDATA[Legal Aspect of Handling of Covid-19 Suspected Patients in Health Services in Hospital ]]>
<![CDATA[Nur Azizah Sri Utami]]>;
<![CDATA[Andika Persada Putera]]>;
<![CDATA[Asmuni]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.1.2022.50-62
<![CDATA[Hospitals function as quarantine, prevention and control of the Covid-19 Pandemic era. However, the crucial issue is the hospital is lying; patients who have not confirmed Covid-19 but are considered positive by the hospital. This study discusses legal protection for hospitals to care for patients with suspected Covid-19. The research is compiled with the type of normative juridical research; namely, research focused on examining the application of the rules or norms in positive law. The result shows that the hospital as a legal entity (recht person) has risks under Article 58 (1) of the Health Law, namely compensating for errors/omissions of doctors and health workers. According to the Vicarious Liability doctrine, the hospital is legally responsible for all losses caused by its subordinates. According to the Hospital Liability doctrine, the hospital is responsible for taking over the mistakes or omissions of the hospital. With the right of regress, the hospital will ask for compensation back to the doctor who made a mistake. The Strict Liability Doctrine states that the hospital is responsible for the workhouse. The implementation of hospital legal protection has yet to be precise. Supervision and guidance by the government, including the government’s authority on health, still need to be made clear. Medical audits could have gone better. Doctors have the right to obtain legal protection as long as they carry out their duties under professional standards and standard operating procedures under Article 50 of the Medical Practice Act.]]>
<![CDATA[Ethical-Medicolegal Aspects of Installation and Removal of Ventilator in Life Support Efforts for Critical Patients during Covid-19 Pandemic ]]>
<![CDATA[Syafril Alfian Akbar]]>;
<![CDATA[Agus Yuda Hernoko]]>;
<![CDATA[Sutarno]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.1.2022.1-15
<![CDATA[This study aims to analyze the procedures and considerations of medical and medicolegal aspects regarding the installation and removal of the use of ventilators in life support for patients during the COVID-19 pandemic. This study uses a normative juridical legal research method. The results showed that the ethical aspects regarding the installation and removal of the use of ventilators in the effort to support patients’ life during the COVID-19 pandemic were based on an agreement that was born by agreement (therapeutic agreement). The decision to stop or postpone life support therapy for medical treatment for patients is made by a team of doctors who treats patients after consulting a team of doctors appointed by the Medical Committee or the Ethics Committee based on Permenkes Number 37 of 2014. Meanwhile, the legal basis of procedures is in the process of making the installation decision and releasing the use of ventilators in critical patients during the COVID-19 pandemic, referring to the provisions of Permenkes No. 37/2014, Permenkes No. 290 of 2008, and Permenkes RI No. 290 of 2008 concerning the rejection of medical action, which patients and or their closest relatives can do. The legal basis refers to the medicolegal aspect in critical patients when installing and removing a ventilator. It is used as an indicator for determining whether to withdraw life support or withhold life support. Besides being adjusted to the validity of an agreement according to the Civil Code as stipulated in Article 1320, a doctor can initiate to understand a patient in the preparation and legal consequences of this agreement]]>
<![CDATA[Juridical Analysis of Patients’ Rights to Information Disease and Action Medical by Doctor in Hospital ]]>
<![CDATA[Raden Mas Syauqi Annuri Sam Kusuma Patria]]>;
<![CDATA[Sutarno]]>;
<![CDATA[Adriano]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.1.2022.16-29
<![CDATA[This study analyzed juridical analysis of patients’ rights to disease information and medical action by doctors in hospitals. The method used is a legal research method that aims to find solutions to legal issues and problems that arise from them. The results of the study show that the legal implications of regulating the right to information on diseases and medical actions given to patients by doctors in hospitals have an impact on the patient’s right to receive disease information openly and transparently from doctors related to diseases experienced by patients and patients have the right to be served maximally in obtaining medical treatment (Health services) by doctors at the hospital so that patients have the right to file claims if these rights are not fulfilled. Then, the presence of new health law, namely Law Number 36 of 2009, gives patients the right to refuse actions taken against themselves and to end treatment and care for their own responsibilities after obtaining clear information about their disease. In conclusion, the emergence of the Prita Mulyasari case was based on the non-fulfilment of the patient’s right to medical information. It was due to the absence of adequate and accurate communication between the doctor and the patient. Conflicts can be avoided if all parties, in this case, the doctor, patient and hospital, negotiate through deliberation and consensus by considering their respective rights and obligations.]]>
<![CDATA[Kewajiban BPJS Kesehatan dalam Pemberian Pelayanan Telekonsultasi Klinis yang Dilakukan Antara Dokter dan Pasien BPJS ]]>
<![CDATA[Erfandi Dwi Septian]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.1.2022.37-49
<![CDATA[BPJS Health Obligations in Providing Clinical Teleconsultation Services Performed between Doctor and BPJS’ Patients By the decree of the minister of health of the Republic of Indonesia HK.01.07/MENKES/4829/2021 on guidelines of telemedicine utilization to prevent coronavirus disease 2019 (Covid-19). Telemedicine provided by doctors in medical teleconsultation form has been widely considered in this pandemic era. This research uses normative legal research. The approach used in this research is applying the law and the conceptual approach. The result showed various legal norms for BPJS healthcare medical teleconsultation in terms of service. However, BPJS healthcare users are said to be burdened by medical teleconsultation fees, which is different from the initial legal norms. Therefore, it can be said that BPJS has done unlawful acts and is an opening chance for BPJS healthcare users to sue BPJS. Therefore, the researcher recommends that the government make rules regarding the clinical teleconsultation system so that it can run according to its function when needed, for example, during the current covid-19 pandemic. Thus, the task of BPJS in organizing national health insurance for all Indonesian people can be realized. In addition, BPJS Health is required to guarantee the legal protection of patients in clinical teleconsultation services so that the rights and obligations of BPJS participants can be fulfilled. If the rights of the BPJS participants are not fulfilled, the BPJS participants can make mediation efforts. If the mediation mechanism cannot be implemented, the settlement can be submitted to the District Court in the area where the participant lives.]]>
<![CDATA[Tinjauan Yuridis Mengenai Kekerasan Dalam Rumah Tangga Terhadap Anak ]]>
<![CDATA[Saputra, Ridho]]>;
<![CDATA[Suherman, Asep]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 1 No. 2 (2022): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.1.2.2022.85-95
<![CDATA[Violence is a form of action that tends to be physical which causes injury, pain or something that requires attention, namely coercion or unwillingness of the injured party. Violence can be carried out using physical means, resulting in children suffering from injuries from being hit, throwing hard objects, and much more. Psychologically, children will experience the formation of bad attitudes in themselves, namely difficulty focusing, difficulty sleeping, eating disorders, and a tendency to hurt themselves. Some violence against children occurs in the child's own home, school, and in the environment where the child interacts. To prevent violence against children, this can be done by paying attention, supervising and caring for children correctly and diligently. The government needs to make a law about violence against children and punish perpetrators of violence against children to make them aware of what they are doing. The purpose of this research is to illustrate the impact of violence on children and how to prevent it. This research was carried out using normative juridical (normative legal research methods) which was carried out using journals and books.]]>
<![CDATA[Perbandingan Hukum Pidana Perlindungan Anak di Bawah Umur antara Indonesia dan Amerika Serikat ]]>
<![CDATA[Biatila Elsa Duey Repali]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 3 No. 1 (2024): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.3.1.2024.13-25
<![CDATA[Children are a factor that greatly influences the growth and development of a country. Children are the hope of the nation in the future, the rights that children must obtain from their parents since the child is born into the world based on applicable laws and regulations. United Nations’ member states including Indonesia and America as countries that have signed international agreements and conventions, are responsible for complying with agreements, protocols and conventions. Child protection is an effort that aims to ensure that all children have access and rights that are fully fulfilled, so that they can live dignified and optimal lives. By providing adequate protection, we strive to create a safe, loving and supportive environment for children to grow and develop into individuals who have maximum potential. Law Number 23 of 2002 concerning Child Protection is the main foundation in child protection efforts in Indonesia. Efforts to protect children's rights and ensure their welfare are an inevitable priority. Child protection in the United States is a priority that has support from various levels of society and is regulated by a series of laws and policies that apply at the federal and state levels. Violence against children is indeed a disturbing and worrying problem, not only in Indonesia but also in Western countries such as the United States. Its rampant existence shows that violence against children knows no geographic, time or cultural boundaries. Therefore, it is important for society to unite in efforts to prevent and overcome violence against children.]]>
<![CDATA[Penerapan Hukum Pidana Terhadap Kekerasan Fisik pada Istri dalam Konteks Perlindungan Korban ]]>
<![CDATA[Indah Dwi Putri]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 3 No. 1 (2024): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.3.1.2024.1-12
<![CDATA[In Indonesia, domestic violence is considered an act that violates human rights and is also a form of discrimination, in accordance with the provisions contained in Article 28 of the 1945 Constitution of the Republic of Indonesia and its amendments. The purpose of this study was to determine the implementation of criminal law to physical violence against wives in the context of victim protection. The research method used was a normative juridical approach. The results of the study showed that the implementation of criminal law to physical violence against wives in the context of victim protection: a) in the form of temporary protection given for a maximum of 7 (seven) days within 1 x 24 (one time twenty-four) hours since providing protection, b) protection by advocates is given in the form of legal consultation, mediation or negotiation between the victim and the perpetrator of domestic violence. c) health services are very important in their meaning, especially in efforts to impose sanctions on perpetrators of domestic violence. d) social services are provided in the form of counseling to strengthen and provide a sense of security to victims. e) volunteer companion services are provided to victims regarding the victim's rights in order to objectively explain the domestic violence they experienced during the investigation process. f) services by spiritual guides are provided to provide explanations regarding rights and obligations and to strengthen the faith and piety of victims.]]>
<![CDATA[Perlindungan Anak Terhadap Kekerasan Seksual Dalam Dunia Pendidikan ]]>
<![CDATA[Febri, Yebi]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 3 No. 1 (2024): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.3.1.2024.26-40
<![CDATA[Sexual violence against children in educational environments in Indonesia has increased from year to year. Therefore, the study aims to determine the causes of sexual violence and analyze legal protection for children from sexual violence in the world of education based on statutory regulations. The type of research used is normative juridical. The Legislation approach is used to analyze secondary data including primary and secondary materials. Data collection uses library study techniques. The results of the study indicate that the causes of frequent sexual violence in educational environments or schools are 1) internal factors originating from a teacher, student, educational community unit, 2) external factors originating from the social environment, technology. Legislation in terms of protecting children is to provide rights and protection in the 1945 Constitution, to punish perpetrators of sexual violence against children as regulated in the old Criminal Code, the new Criminal Code, and in real form by establishing a Violence Prevention and Handling Team (TPPK) in schools and a TPPK supervisory task force at the regional level.]]>
<![CDATA[Aspek Hukum Kepegawaian Bagi Perawat Yang Ditempatkan di Sterilisasi Sentral ]]>
<![CDATA[Prihaningsih, Lilies]]>;
<![CDATA[Yusan, Liza Yudistira]]>
<![CDATA[ Verdict: Journal of Law Science Vol. 3 No. 1 (2024): Verdict: Journal of Law Science ]]>
Publisher : <![CDATA[CV WAHANA PUBLIKASI ]]>
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DOI: 10.59011/vjlaws.3.1.2024.52-65
<![CDATA[The Centralized Sterilization Installation has a strategic role in preventing infections in the hospital environment. However, its existence has not been properly regulated by law. The purpose of this study was to analyze the rule of law for placing nurses in the Central Sterilization Installation in hospitals and to analyze the legal protection for nurses who were placed in the Central Sterilization Installation regarding career development opportunities. This research is a normative juridical research using a statutory and conceptual approach. From the results of the research, it can be concluded: First, legal arrangements regarding CSSD installations are still general and abstract in nature which still require elaboration through lower, more concrete and technical legislation. However, until now there are no more concrete and technical regulations, so there is still a legal vacuum that can create legal uncertainty. Second, nursing staff with the status of civil servants are required to comply with being willing to be placed in other positions with consideration for the interests of the organization and nurse career development. However, the placement of nurses in CSSD installations actually hampers their opportunities for career development, because they have the lowest credit score This is due to the fact that certain functional positions have not been assigned to the CSSD installation. Through research, government agencies should immediately assign specific positions to health workers assigned to CSSD Installations so that they do not overlap with functional positions for health workers transferred to CSSD Installations.]]>
