Articles
301 Documents
<![CDATA[PERLINDUNGAN HUKUM PADA PASIEN TERHADAP MALPRAKTEK DOKTER ]]>
<![CDATA[Evander Reland Butar Butar]]>;
<![CDATA[Suteki Suteki]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (101.308 KB)
|
DOI: 10.56444/hdm.v16i1.841
<![CDATA[Patient is any person who consulted a physician profession regarding his or herhealth problems to get healed from his illness. Patient is king in health service. Inorder to get the case, a patient will be checked for health by a doctor who has licensedthe practice. In article 44 of Law no. 29 Year 2004 on the practice of Medical states"Doctors and dentists in conducting medical practice must follow the standard ofmedical services". In carrying out the duties of the profession, the doctor has a noblereason that is trying to maintain the condition of the patient's body to stay healthy andtry as much as possible to make healthy body of the patient, but the health services ofa doctor performed to the patient not as successful and satisfactory, but there at timesthe business fails, organ rigidity, even death to the patient.This research is a legal research using normative juridical approach. AccordingSoerjono Soekanto normative juridical research is a study of legal principles. Thenormative approach is made in discussing the Legal Protection of Patients onMedical Malpractice According to Law No. 29 of 2004 on Practice Doctors in orderto achieve significant and relevant results. The data data used is primary dataderived from the authorized Institution Institutions such as the National Commissionfor Child Protection which is then supported with secondary data that is relevantliterature to strengthen the analysis of this study.The results of research and discussion show that the legal protection for patientsagainst malpractice doctors can be seen in the Law or Code of ethics profession ofmedicine. Furthermore for the legal effort that can be taken by the patient is themediation path, if the mediation is not resolved, then the patient can sue thepharmacist in court and outside court.]]>
<![CDATA[EKSISTENSI DAN PENGATURAN KESATUAN MASYARAKAT HUKUM ADAT SEBAGAI SUBYEK HUKUM TATANEGARA ]]>
<![CDATA[Johan Erwin Isharyanto]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (143.788 KB)
|
DOI: 10.56444/hdm.v16i1.846
<![CDATA[In the era of independence, guided democracy, the new order, until the era ofgovernance reform in Indonesia tended to override the importance of diversity.Power consolidation tends to deny the existence of customary law community unitsand is usually accompanied by etatism tendencies. This article describes how theexistence and regulation of customary law community units as subjects ofConstitutional Law. The conclusion obtained is that the existence and regulation ofcustomary law community units as subjects of constitutional law in the legal systemof the Republic of Indonesia constitution is guaranteed and recognized based on theprovisions of Article 28 B paragraph (2) article and 28 I paragraph (3) of the 1945Constitution, as well as in Article 6 UU no. 39 of 1999 concerning human rights]]>
<![CDATA[BEKERJANYA PERDA KOTA SEMARANG NO. 9 TAHUN 2013 TENTANG PENGATURAN PASAR TRADISIONAL DEMI BERLANGSUNGNYA KEADILAN DAN KESEJAHTERAAN (Studi Kasus Revitalisasi Pasar Rejomulyo) ]]>
<![CDATA[Oscar Jago Dinasty Risan Pratama]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (134.404 KB)
|
DOI: 10.56444/hdm.v16i1.842
<![CDATA[The problem that often arises today is the impartiality of the local governmentagainst traders in traditional markets that often lead to the implementation of localregulations that marginalize traders and traditional market participants. This alsohappens to traders in Kobong Market who are experiencing displacement by goingthrough a process that violates the procedure.The purpose of this study is to know, review and analyze the understanding ofSemarang municipal government related to the revitalization of fresh fish tradersRejomulyo Market for the sake of justice and welfare and the foundation of tradersdid not approve the transfer of traditional markets by the City GovernmentSemarang.Approach method in this research using socio-legal approach. Specification in thisresearch is qualitative naturalistic. The data used are primary and secondary data.Based on research results, Semarang City Government is less considering theinterests of the community, and consumers who need the supply of fish fromRejomulyo Market. The cornerstone of the traders did not approve the transfer oftraditional markets by Semarang City Government is the absence of clarity about theexact size of the stalls that will be accepted and the new market conditions areconsidered not feasible, and the violation of Article 35 paragraph 1 of the City ofSemarang Regulation no. 9 of 2013 on Traditional Market Arrangement and Article73 paragraph 1 of Regional Regulation of Semarang City No. 7 of 2010 on GreenOpen Space Arrangement.]]>
<![CDATA[PENGGUNAAN PERSYARATAN EKSONERASI DALAM PERJANJIAN ]]>
<![CDATA[Agnes Maria Janni Widyawati]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (118.236 KB)
|
DOI: 10.56444/hdm.v16i1.847
<![CDATA[According to Article 1338 section 1 of the Civil Code that "all agreements madelegally apply to those who make them". From article 1338 section 1, it can be seenthat there is an open system and the principle of freedom of contracting anagreement.Thus we are allowed to make any agreement and determine its contents and what wehave made is binding as a law. The principle of freedom of contract is also the basisfor an agreement that contains exoneration conditions, namely the conditions in anagreement whereby one party frees himself or is limited to liability imposed on him bythe governing law.The use of exoneration requirements in principle aims at limiting and eveneliminating the creditor's responsibility for certain risks that may arise later in themany execution requirements we encounter in a standard agreement or contractstandard, namely an agreement whose contents have been pre-written in writing inthe forms used in unlimited amount, to be offered to consumers regardless of theconditions of the consumers.The emergence of standard agreements in contract law traffic is based on the need foreffective and efficient service to transaction activities. The form of standard orstandard agreement made by one of the parties is a written form, the contents ofwhich have been determined unilaterally by the strong economy and set forth in astandard clause (article 1 number 10 of Law No. 8 of 1999 concerning consumerprotection)]]>
<![CDATA[IMPLEMENTASI TANGGUNG JAWAB PENGELOLA APOTIK TERHADAP KONSUMEN OBAT ]]>
<![CDATA[Mig Irianto Legowo]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (139.794 KB)
|
DOI: 10.56444/hdm.v16i2.1012
<![CDATA[The pharmacy is a pharmacy or place of service where pharmacy practice is carried out by pharmacists. In accordance with the provisions of a pharmacist can establish a Pharmacy with its own capital and / or capital from a capital owner both individuals and companies. Furthermore, in the case of pharmacists who establish a pharmacy in collaboration with capital owners, the work of organizing mandatory pharmacy is still carried out entirely by the pharmacist in question, therefore the responsibility of the pharmacist is as the manager of the pharmacy, which raises responsibility for the drug consumers The businessman / manager of the pharmacy is also obliged to provide the right service and information to the drug consumers. This study entitled Implementation of the Responsibility of Pharmacy Management for Drug Consumers aims to (1) know the responsibility of the pharmacist / manager to consumers in providing medicines, (2 ) to find out the problems faced by businessmen / managers of pharmacies in carrying out their obligations to dru. The type of research used is normative juridical with research specifications that are descriptive analytical. In this study the data is obtained from secondary data as primary data and primary data as supporting data (complementary). While the data collection method is interviews for primary data and literature studies for secondary data. The data obtained is presented in the form of a description of the event and then analyzed by qualitative descriptive analysis. In the case of a Pharmacy committing a serious violation that is life-threatening, then the SIA sanction for a Pharmacist's License Letter can be revoked without prior warning. (2) problems of problems faced by employers or managers of pharmacies include (a) drugs that are no longer circulating (b) drugs that have expired, (c) supplies of medicines run out. Then the business carried out by the pharmacy entrepreneur is (a) the pharmacy gives substitute drugs that have the same use. (B) if the drug has expired the pharmacy will exchange the drug to PBF. (C) if the drug supply runs out the pharmacy will advise consumers to search the drug runs out to another pharmacy.]]>
<![CDATA[AKIBAT KEBERGANTUNGAN ALIH TEKNOLOGI BAGI NEGARA SEDANG BERKEMBANG ]]>
<![CDATA[Bakti Trisnawati]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (98.371 KB)
|
DOI: 10.56444/hdm.v16i2.1027
<![CDATA[Technology transfer in terms of business is an asset created through investment with high risk and large costs. On the other hand, mastering technology enables the owner to gain strength not only in the economic field, but also socially, as well as politically. Therefore, it is natural for technology owners to try to maintain the technology they have. However, due to dependence on technology, developing countries have to pay high prices for the purchase of these technologies. In addition, developing countries are also not able to exercise control of the industries built, and also will not succeed in develop“indigenous technological capability”.]]>
<![CDATA[PENERAPAN SANKSI PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA ]]>
<![CDATA[Krismiyarsi -]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (142.613 KB)
|
DOI: 10.56444/hdm.v16i2.1023
<![CDATA[The type of crime that can be applied to the offender's offender is regulated in Article 71 of the Child Criminal Justice System Act, namely principal and additional criminal penalties. The principal crimes consist of criminal warnings, criminal conditions (coaching outside the institution, community service; or supervision), job training, coaching in institutions, and prisons. Additional penalties consist of: Deprivation of profits obtained from criminal acts or fulfillment of customary obligations . This is intended to provide an opportunity for the judge to choose which criminal is suitable for the child in the case he is handling. In practice, judges do not always impose criminal offenses similar to the types of criminal acts listed in the material criminal law in accordance with the article which are violated by the offender's offender, even the judge is not bound by the prosecutor's demands. The judge has the freedom to impose a criminal in accordance with his conscience. In addition to being influenced by juridical considerations, judges' decisions are also non-judicial considerations, namely the sociological, psychological, ethical, and historical aspects of the child.]]>
<![CDATA[KORELASI REGISTRASI TENAGA KESEHATAN TERHADAP KOMPENTENSI TENAGA KESEHATAN DALAM PELAYANAN KESEHATAN MASYARAKAT ]]>
<![CDATA[Sri Retno Widyorini]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (105.437 KB)
|
DOI: 10.56444/hdm.v16i2.1028
<![CDATA[Health as one of the elements of general welfare must be realized through various health efforts in the context of comprehensive and integrated health development supported by a national health system. Health workers who will carry out health services to the community must have a STR (Surat Tanda Registrasi/Registration Certificate) issued by the government as the person in charge of public health services. Physicians as one of the health workers are responsible for providing health services in accordance with applicable legislation namely Law Medical Practice and Doctor's Code of Ethics. Doctors who practice health services to the community at the hospital are bound by the Doctor's Code of Ethics and are also bound by the Hospital By Laws as an internal provision of the hospital.]]>
<![CDATA[IMPLIKASI YURIDIS NIKAH SIRI DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[Nunung Nugroho]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (110.291 KB)
|
DOI: 10.56444/hdm.v16i2.1024
<![CDATA[Undang-Undang No. l Tahun 1974 In people's lives there is still a frequent way of marriage which is a violation of Law , especially article 2 paragraph 2, namely: "Each marriage is recorded according to the applicable laws and regulations". The definition of violation in the law, known as siri marriage. In this case the law must be understood as a set of rules governing, controlling society. Law in this sense is not part of the community system, but control of the community system. Law in this sense is not part of the community system, but control of the community system. According to Gustav Radbruch law must contain three basic values, namely: 1. Value of justice (philosophical aspect). The validity of the law is justified on the basis of human philosophical beliefs. 2. Value of certainty (juridical aspect). The law is enforced because it is determined by the state (gemeenschap), namely by the government and the people's representative council. 3. Value of benefits (sociological aspects). The validity of the law is due to social reality (society as a whole). In a sociological and philosophical view, siri marriage is relatively acceptable to the community, but judicially cannot be justified because it will have an impact on the low legal awareness of the community. Marriage recording does not determine the validity of a marriage, but only states that the marriage event actually happened, so it is merely administrative. Thus, the marriage is legitimate because it is carried out in accordance with religious law but has a weakness, namely the absence of a recording as referred to in article 2 paragraph 2 of Undang-Undang No. l Tahun 1974 . In reality the registration of marriages brought more good than bad in living in a society, so carrying out the registration of the marriage would be in line and not in conflict with religious norms]]>
<![CDATA[ESSENSI GANTI RUGI IMMATERIEL DALAM PERBUATAN MELANGGAR HUKUM MENURUT PUTUSAN HAKIM PERDATA INONESIA ]]>
<![CDATA[Markus Suryoutomo]]>
<![CDATA[ JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 2 (2019): Hukum dan Dinamika Masyarakat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (142.809 KB)
|
DOI: 10.56444/hdm.v16i2.1029
<![CDATA[Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found]]>
