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INDONESIA
Jurnal Pranata Hukum
Published by Universitas Bandar Lampung
ISSN : 1907560X     EISSN : 26853213     DOI : https://doi.org/10.36448/pranatahukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu Hukum dimaksudkan sebagai media komunikasi, edukasi dan informasi ilmiah bidang ilmu hukum. Sajian dan kemasan diupayakan komunikatif melalui bahasa ilmiah. Melalui PRANATA HUKUM diharapkan terjadi proses pembangunan dan pengembangan bidang hukum sebagai bagian penting dari rangkaian panjang proses memajukan masyarakat bangsa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 14 No 2 (2019): Juli" : 9 Documents clear
EFEKTIVITAS ASEAN CONVENTION ON COUNTER TERRORISM DI DALAM MEMBERANTAS PEMBAJAKAN DI WILAYAH PERAIRAN ASIA TENGGARA Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.74

Abstract

Countries in Southeast Asia in the past period are still faced with several acts of piracy and terrorism in the territorial sea. Piracy has a negative effect that is felt by the international community. In this paper, the author aims to focus the discussion on how to implement the ASEAN Convention on Counter Terrorism in overcoming the problem of terrorism in the seas around Southeast Asia. This research is normative juridical conducted by examining library materials or secondary data as basic material to be investigated by conducting a search of the regulations and the literature relating to the problems under study. The results of the study showed that at the convention there was a reference to jointly handling the problem of terrorism in the Southeast Asia region. The implementation of the convention in piracy cases in the waters around Southeast Asia is carried out through the principle of cooperation. However, the implementation of the convention has not been effective because it still faces several obstacles such as the nature of responses to situational terrorism, constraints on state sovereignty and the principle of non-interference among members, differences in sea area awareness.
PERLINDUNGAN HUKUM PENGGUNA JALAN DARI ANGKUTAN UMUM ONLINE PADA PENGGUNAAN TELEPON SAAT MENGEMUDI KENDARAAN Rissa Afni Martinouva
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.76

Abstract

Public transportation at this time was modified by ordering technology that can be ordered online. The process of ordering this transportation tool is through an application on a smartphone or android mobile phone. Online public transportation must still comply with traffic rules. Road users other than online public transportation must also be given legal protection and together enjoy the convenience of means of traffic. The research method used is normative juridical and observation. The reason for legal protection is given to road users because as citizens who have the right to enjoy the comfort and safety of public shared road facilities. Observations made that with the attachment of communication devices on public transport online this proves the telephone is used while driving a vehicle. Communicating via telephone while driving a vehicle will cause an accident that will harm other road users. Legal protection for road users is clearly enforced through Law No. 22 of 2009 concerning LLAJ against the prohibition for motorists who carry out other activities or are affected by a situation that results in a concentration disturbance. Online motorcycle taxis should be disciplined so as not to use a telephone when driving a vehicle. The government needs to provide legal protection for road users from online public transportation in the form of a ban on the use of telephones while driving.
ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MELAKUKAN PENEBANGAN POHON DALAM KAWASAN HUTAN TANPA IJIN YANG BERWENANG Sukoco SP; Erlina B; Eddy S Wirabhumi
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.77

Abstract

The social phenomena that occurred today are still encountered cases related to the criminal acts of illegal logging in forest areas. One of the cases that have occurred is the criminal act of logging the tree in the forest area without the authorized permission. The problems in this study include: whether the cause of perpetrators to commit crimes in forest areas without authorized permits, how criminal liability against perpetrators of criminal acts Logging in forest areas without authorized permits. The results of research and settlement indicate that the cause of perpetrators to commit criminal acts of logging in forest areas without authorized permits include intrinsic factors (poor family environment, age and intelligence , and psychology of evil talent, personality), extrinsic factors (low level of education, social environment, intention and opportunity), weak religious education and ethics, lack of environmental education and forestry, lack of supervision. The advice in this research is expected to law enforcement officers with the forestry service in order to provide strict sanctions against perpetrators of criminal acts of logging in forest areas without authorized permits.
KEWAJIBAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) DI INDONESIA: ANTARA LEGAL OBLIGATION ATAU MORAL OBLIGATION Dani Amran Hakim; Dania Hellin Amrina
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.79

Abstract

Corporate Social responsibility is the corporate social responsibility of the Community and the environment beyond economic responsibility. Corporate Social Responsibility is initially based on ethical and moral values, i.e. the company is considered unethical when enjoying great gains, while the environment is broken and the community is ignored or harmed by its rights. The implementation of CSR in Indonesia began at the time of Law No. 40 year 2007 about the limited liability company. However, the implementation of the CSR stipulated in Article 74 Act No. 40 year 2007 concerning the limited liability company shall cause inconsistency with the preceding provisions, as stipulated in article 1 Figure 3 of Law No. 40 year 2007 on Limited liability company. This is seen from the difference of basic concept to the social responsibility of the original social responsibility (moral obligation), as stated in article 1 Number 3 UUPT, become legal obligation (legal obligation) in article 74 Law number 40 year 2007 about the limited liability company. In addition, no provisions on sanctions for those who do not implement CSR in Law No. 40 year 2007 about the limited liability company also provide legal uncertainty in the implementation of CSR.
PERLINDUNGAN HUKUM PASIEN PADA BIDAN PRAKTIK MANDIRI DI INDONESIA PASCA DIKELUARKANNYA UNDANG-UNDANG NOMOR 4 TAHUN 2019 TENTANG KEBIDANAN Aditia Arief Firmanto
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.80

Abstract

Legal protection to patient is a theory explained that there are efforts to protect someone’s importance by allocating a power to him for acting in its own importance. One of law’s characteristics and goals were to give legal protection and guidance to society. Form of legal protection for patient who feel disadvantaged from medical service of Midwife Private-Practice was that there were an effort for preventif law and represif law. According to statue law No. 4 years 2019 about Midwife, legal protection to patient were written on section 61 and section 62, with given penalties on section 41 and section 45. Indonesian Midwife Association’s role were doing a preventif monitoring, which monitoring that were done before a government’s provision or decree were issued to minimum mistakes and disadvantages in organization’s activities. IBI has assignments and responsibilities to protect and control midwife’s service quality, also midwife’s dedication to their proffesion continuously. IBI did their preventif monitoring by doing assessment of midwife’s scholarly abilities and skills, also their competencies when they submitted permission to practice’s lisence by giving a recommendation private-pratice letter. Besides, IBI also must monitored midwife’s compliance to their ethics proffesion and their capability to run private-practice through divisions, areas, and groups’ meetings, also monitoring midwife’s service execution by doing workshop and colloquium. Meanwhile, represif monitoring were done according to statue law No. 4 years 2019 about Midwife section 44 and section 4, from giving administration penalties, like direct warning and written warning, administration fine, to revoke midwife’s private-practice license.
PELAKSANAAN PENGADAAN BARANG/JASA PEMERINTAH DITINJAU DARI PERPRES NOMOR 16 TAHUN 2018 TENTANG PENGADAAN BARANG/JASA PEMERINTAH DI KANTOR PERTANAHAN KOTA BANDAR LAMPUNG Aryana Wisastra; baharudin; Indah Satria
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.81

Abstract

Indonesia began to regulate the procurement of goods/services electronically from the government since 2010. This is indicated by the appointed Presidential regulation number 54 year 2010 as amended by Presidential Regulation No. 4 year 2015, then amended again to be presidential Regulation No. 16 year 2018 on procurement of goods/services Government. The problem that will be discussed is how the implementation of goods procurement/Government services are reviewed from the Presidential Decree No. 16 of 2018 at the Land Office of Bandar Lampung, what are the inhibitory factors in the implementation of the procurement of goods/services in the Office Land of Bandar Lampung. The research methods used are normative and empirical juridical, using secondary and primary data. Results of the research from the implementation of goods procurement/Government Services reviewed from Presidential Decree No. 16 of 2018 in the Land office of Bandar Lampung now has referred to the Presidential Decree No. 16 of 2018, the inhibitory factor in the implementation of goods /services in the Land office of Bandar Lampung City, among others, lack of human resources that have a certificate of expertise, network/servers that are frequent disruptions and difficult when creating the approximate price yourself.
IMPLEMENTASI PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL NOMOR 13 TAHUN 2017 TENTANG TATA CARA BLOKIR DAN SITA PADA KANTOR PERTANAHAN KOTA BANDAR LAMPUNG Sholin Erbin Mart Rajagukguk; Lintje Anna Marpaung; Herlina Ratna Sumbawa Ningrum
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.82

Abstract

According to regulation of the Minister of Agrarian and the spatial/Head of national Land Agency No. 13 of 2017 concerning the block and Confiscation procedure, the registration is the administrative action of the head of the land office or the appointed official to establish State of the status quo (freezing) on land rights that are provisional to the Act and legal events of the land, while the recording of the seized is the administrative action of the head of the land office or the appointed officer to Record any seized from judicial institutions, investigators or other competent institutions. This writing problem is how the implementation of regulation of the Minister of Agrarian and Spatial/Head of national Land Agency No. 13 of 2017 about procedure block and Confiscation at the Land office of Bandar Lampung. The implementation of the regulation of the Minister of Agrarian and Spatial/Head of national Land Agency number 13 year 2017 about the procedure of block and Confiscation at the Land Office of Bandar Lampung is not currently implemented in the maximum Because it is still not in sync between regulation of the Minister of Agrarian and the spatial/Head of national Land Agency No. 13 of 2017 about procedures for blocking and Confiscation with the application for land services efforts.
FUNGSI PENGAWASAN PERADILAN TATA USAHA NEGARA TERHADAP PERBUATAN PEMERINTAH PASCA UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Muhamad Rusjana
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.83

Abstract

The Administrative Court in the Indonesian Law State is one manifestation of the function supervision by the judicial authorities on the actions of the government. The function of supervision or adjudication of the Administrative Court is to examine, decide and resolve Administrative disputes. The Regulations of administrative law Number 30 of 2014 concerning Government Administration has implications for the expansion of the competence the Administrative Court. The presence of this expansion certainly leads a changes, one of them is the function supervision of the Administrative Court. Based on this research, there is an expansion in the supervisory function of the Administrative Courts including: 1) the function of the consultation in section 21 of the Act, the Administrative Court is authorized to accept, examine and decide to settlement misappropriation authority by government; 2) judicial functions in section 53 and 87 of the Act, the Administrative Court has the authority to receive, examine and decide upon applications for receipt of applications to obtain decisions and/or actions of government or authority.
PEMBERIAN PATEN OBAT-OBATAN DAN PEMENUHAN HAK ASASI MANUSIA TERHADAP KESEHATAN DI INDONESIA Chandra Muliawan
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.84

Abstract

Patent which one part of the IPR, are legal protection for inventor of an invention both process and product in the field of technology that can be applied in industry. Granting of patents in the pharmaceutical field impact on the high price of the medicines, it affects of public to access health right which a part of human rights. Based on it, the government should be protecting business interests (private) coincide with the protection, respect and fulfillment of the interests of public health (public health). The problem approach in this study normatively by using secondary data is used as supporting data. The requirements and procedure for patent applications are found in Article 24 paragraph (1) of the Patent Law including those granted based on the application. Procedures and descriptions of registered patents are also regulated as fulfilling prior priority rights for inventors who register their inventions. Priority rights also apply to foreigners who are members of the Paris Convention provided for in Article 1 number 12 of the Patent Law. Article 36 paragraphs (1) and (2) of the Health Law state that the Government has an obligation to guarantee the availability, equity and affordability of health supplies, especially essential medicines. Medicine is part of the needs of the wider community which is also an obligation of the Government to fulfill the right to health as part of human rights.

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