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Pandu Dwi Nugroho
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Smart Law Journal
Published by Universitas Karya Husada Semarang
ISSN : 28306430     EISSN : 2830683X     DOI : DOI: https://doi.org/10.34310
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Title Smart Law Journal E-ISSN 2830-683X Issue Frequency February and August DOI Prefix - Indexing - Publisher Universitas Karya Husada Semarang Website https://e-journal.unkaha.ac.id/index.php/slj Copyright Author Licence Creative Commons Attribution-ShareAlike 4.0 International License.
Arjuna Subject : Umum - Umum
Articles 47 Documents
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Perlindungan Hukum Terhadap Pembeli Akibat Tidak Terpenuhinya Kewajiban Pelaku Usaha Dalam Transaksi Belanja Online Rielia Darma Bachriani; Anggi Aulia Sari
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

One type of buying and selling that takes advantage of advances in internet technology is online buying and selling. Even though there are many advantages, it turns out that online buying and selling can cause problems because many traders make mistakes or break agreements. Because buyers are basically in a weak bargaining position and vulnerable to losses in online transactions, legal protection is very important for buyers. The purpose of this research is to determine the extent of legal protection available to buyers if the seller fails to keep his promises when carrying out online transactions. The methods used in this normative legal research include conceptual approaches and statutory approaches which are correlated with current problems in accordance with legal standards, supported by secondary data in the form of literature from journals, books, the internet and other relevant sources. Based on the research results, it can be said that online buying and selling does not always provide mutually beneficial results for all parties involved, for example the seller may make a mistake or fail to deliver the promised goods. It is important for buyers to understand the regulations governing sales and purchase agreements, especially those relating to online buying and selling or e-commerce, because sellers who fail to carry out or fulfill their responsibilities can be very detrimental to buyers. Mistakes in online purchases are usually resolved amicably or without going to court, and businesses usually accept full responsibility for any negligence, whether intentional or not.
PERLINDUNGAN HUKUM BAGI KORBAN DAN PEMBERIAN SANKSI PIDANA BAGI PELAKU HATE SPEECH PADA MASA PEMILU DI INDONESIA Zakki Mubarok; Khamarudhin Syahrul Jihad
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

Law enforcement and the public are increasingly paying attention to the rise of hate speech in public life during the election season. Hate speech that targets individuals based on culture, ethnicity, race, religion, disability, sexual orientation, gender, skin color, nationality, or other characteristics can lead to hatred, provocation, incitement, violence, and even national division in the election season. Speech that encourages hate can create tension in society and lead to acts of discrimination, violence and/or death if it is not handled effectively, immediately and in accordance with the law. The author raises two issues regarding hate speech in response to its increasingly detrimental impact on victims: the need for criminal punishment for perpetrators of hate speech and legal protection for victims of hate speech. After analyzing research materials, this research uses a normative writing methodology and approaches legislative issues related to hate speech. The findings of this research provide legal protection to victims of hate speech which can give them a sense of security and protect individuals who are also targets of hate speech. Speech that encourages hatred is considered a criminal offense because every person who, whether intentionally or unintentionally, commits an unlawful act is required by the relevant law to be responsible for his or her actions and is considered guilty of an act that is punishable by imprisonment or a fine.
Implementasi Peran Bidan Dalam Pemberian ASI Eksklusif Sesuai Permenkes no 28 Tahun 2017 Di Puskesmas Ngeltih Kota Kediri Ellatyas Rahmawati
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

Breast milk is very important for your baby's development. The benefits of exclusive breastfeeding from 0 to 6 months of age play an important role in strengthening the baby's immune system and promoting the baby's brain and physical development. Midwives have the authority to facilitate or guide early breastfeeding and encourage exclusive breastfeeding, as stated in Regulation No. 28 of 2017 of the Ministry of Health on Licensing and Implementation of Practices. midwifery practice, Article 19, Paragraph 3(g), and child health services in Article 19, Paragraph 3. Research methods used Sociological law is used, which uses analysis to study the operation of law in society. The primary data source used was taken from interviews with midwives at Ngletih Health Center, Kediri town, while the secondary data used was from data and library documents, including primary legal documents, secondary legal documents, and non-legal documents suitable for discussion. . Research results were obtained through Regulation No. 28 dated 2-017 of the Ministry of Health on the recognition and implementation of midwifery practice. Article 19(g) and Article 20(3): Midwives have the right to guide early breastfeeding and encourage exclusive breastfeeding, as stated. Essential Neonatal Services has been implemented in Maternal and Child Health Services at Ngletih Community Health Centre, Kediri Town.
BIDAN DI ERA UU RI NO 17 TAHUN 2023 Putri Wardhani; Siti Nur Umariyah Febriyanti; Sutrisno; Widya Kusuma Ningsih
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

The increasing public health status in Indonesia cannot be separated from the role of competent health workers Healthworkers are the government's extended arm to oversee a healthy community in accordance with the National Medium-Term Development Plan 2014-2019. Maternity care is an integral part of health care, aimed at realizing family welfare in order to achieve a quality family. Undang-Undang No 17 of 2023 concerning health, which is the latest, contains several new rules for health workers. In this law, midwives are referred to as healthcare workers With the issuance of this latest law, health services in Indonesia will automatically refer to this law, and several previous laws will become invalid or adjusted The issue to be examined is, what is the role of midwives in this latest health law era? The method used is qualitative descriptive, observation by conducting open interviews with a list of questions, comparing the results in the field with government regulations related to midwifery services The analysis used is narrative analysis built inductively from general to specific. The regulation related to healthcare workers, especially midwives, has not been specifically regulated in this law Midwives are categorized as healthcare workers who carry out health efforts in accordance with their authority A significant change in this latest law is the implementation of a lifelong professional license (STR) which previously only applied every 5 years and must be extended. This is what makes the pros and cons among professional organizations considering the science that must always be updated.
PENERAPAN SANKSI ADMINISTRASI BAGI PELAKU USAHA TOKO MODERN YANG MENYEDIAKAN KANTONG PLASTIK BAGI KONSUMEN DI KOTA SEMARANG Tri Mulyani; Tyas Putri Effendi; Dyah Ayu Sulistyarini
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

Tujuan dalam penulisan artikel ini adalah untuk mengetahui dan menganalisis mengenai penerapan sanksi administrasi bagi pelaku usaha toko modern yang menyediakan kantong plastik bagi konsumen di Kota Semarang, kendala dan upaya mengatasinya. Metode penelitian yang dipergunakan diantaranya : jenis penelitian yuridis sosiologis dengan spesifikasi deskriptif analisis. Data yang dipergunakan adalah data primer dan data sekunder dengan Analisa data kualitatif. Hasil penelitian menunjukkan bahwa penerapan sanksi administrasi bagi pelaku usaha toko modern yang menyediakan kantong plastik di Kota Semarang pada tahun 2021-2023 terdapat 59 pelaku usaha yang terkena sanksi administrasi berupa teguran tertulis. Adapun kendala dalam penerapannya meliputi 3 hal yaitu: pertama, lemahnya komunikasi, dalam hal ini dapat diupayakan dengan cara sosialisasi; kedua, lemahnya sumber daya, dalam hal ini dapat diupayakan dengan cara Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup. Para pelaku usaha wajib melaporkan enam bulan sekali di Dinas Lingkungan Hidup terkait Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup; ketiga, kurangnya partisipasi atau kesadaran masyarakat, dalam hal ini dapat diupayakan dengan cara Dinas Lingkungan Hidup memberikan gagasan dengan membuat Bank Sampah. Bank sampah menjadi pionir utama dalam pengendalian dan mengelola sampah plastik.
KESEPAKATAN PERDAMAIAN OLEH MEDIATOR DI LUAR PENGADILAN Pandu Nugroho; Wasiul Maghfiroh
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

The formation of a Peace Agreement between the parties shows that the mediation process was successful in resolving the conflict outside of court, but its position is not the same as a Peace Deed produced through mediation and implemented in court. To find out the legal basis for the difference in legal position between a Peace Agreement and a Peace Deed, thus this essay will undertake a legal study and analysis to determine how to guarantee that the two peace products have equal legal standing—that is, a position of evaluation of permanent legal norms. This study was conducted utilizing descriptive analysis techniques with a normative legal approach, based on statutory regulations. The study's findings demonstrate that the Peace Agreement's legal standing is on par with those of comparable peace accords. The opposite party may file a lawsuit in order to obtain legal recompense if the other party breaches the agreement. In the meantime, the Deed of Peace is fully enforceable, meaning that whichever party loses just needs to ask the court for execution. There are legal actions to improve the legal status of the Peace Agreement to a Peace Deed through litigation, based on legal provisions in Law No. 30 of 1999 and Perma No. 1 of 2016, although in reality raising the legal status can be accomplished utilizing a hybrid Arb-Med
PERAN APARATUR SIPIL NEGARA SEBAGAI PELAYANAN PUBLIK GUNA MEWUJUDKAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK Aisyah Dinda Karina; Muhammad Zainuddin; Muhammad Diego Armando
Smart Law Journal Vol. 3 No. 1 (2024): Februari 2024
Publisher : Universitas Karya Husada Semarang

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Abstract

People are provided convenience in filling out administrative files to support their personal data in the current globalization period. Humans as a culture require these administrative files from the moment of their birth till their demise. Humans possess administrative tools, which are among the most significant items in the real world for carrying out daily tasks. Of course, in order for all societal levels to be able to gain these rights, the government as the holder of policies and regulations must play a part in completing these administrative files. In order to properly and accurately fulfill administrative files for all levels of society, the government, through the State Civil Apparatus (ASN), in this case Civil Servants (PNS) and Government Employees with Work Agreements (PPPK), must always collaborate. This study was conducted in order to gain a better knowledge of how the State Civil Apparatus functions as a government arm in carrying out the fundamental ideas of good governance. Researchers will employ a normative juridical approach, which entails doing research on the basis of legal sources and looking into relevant ideas, conceptions, and legal principles. Analytical descriptions will be used in this study to process research findings.
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

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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

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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

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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.

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