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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 2,579 Documents
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TANGGUNG JAWAB DOKTER MUDA (KO ASS) DALAM PENANGANAN KESEHATAN TERHADAP PASIEN DI RSUD ARIFIN ACHMAD PEKANBARU Kristiningrum, Friska Dwi; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

The young doctor co ass is a graduate medical student who follows secretariat co ass medical education in order to get the title of the medical profession. In undergoing the procces education of co ass young doctor co ass stationed in the hospital in order to undergo the practice of medicine action under the guidance of a master doctor or supervisor. In carrying out their education while in hospital young doctor co ass get an exception in the handling of medical to the patient, this is because the young doctor co ass has not had a SIP of that cause young doctor co ass does not have full responsibility to the patient, medical action perfomed by a young doctor co ass to be on instructions and under the authority of master doctors or supervisor. But in fact there has been a social offenses between master doctors with co ass young doctors to patients in RSUD Arifin Achmad Pekanbaru, physicians and phycisian young doctor co ass be disregarding the rights of patients to provide quality medical treatment. By law No. 29 of 2004 article 73 paragraph (2) explained that each person is prohibited to use the tools, methods or other means providing services to the people who give the impression as if the person concerned is a doctor or dentist who has has registration papers and permit practice at (SIP). Young doctor co ass under the guidance of master doctors prohibited medical action directly to the patient, where the handling of medical commited by young doctors co ass without supervison by a master doctors entitled to account for acts young doctor co ass that it is based a cooperation agreement Arifin Achmad hospital in Pekanbaru with medical faculties Riau University. Problem and goals will be discussed in this thesis is to find out how the shape og a young doctor co ass responsibilities in health care to patients at Arifin Achmad Hospitas in Pekanbaru.This kind of research is sociological because in this study the authors directly conduct research on the location or point examined in order to provide a complete and clear picture of the problems examined. This research conducted Arifin Achmad Hospital in Pekanbaru, while the sample population is a whole regard to the issues examined in this study, the data source used primary data, sekunder data and terteier data, data collection techniques used were interviews questionnaries, and literature studies.While the technique of data analysis using qualitative descriptive analysis. It can be concluded that the patients as recipients of health care perfomed by young doctor co ass entitled to hold against master doctors who is in charge that do not oversee the actionts of yong doctors co ass in providing treatment to patients in hospitals Arifin Achmad Pekanbaru. Suggestions for local governments and hospitals in order to make the policy more on the responsibilities of young doctors co ass handling of health of the patients during clerkships co ass at the hospital in order to avoid misunderstanding in providing medical actions.Keywords: responsibility-handling medical health-young doctor co ass-patient
Tinjauan Yuridis Terhadap Pendirian Yayasan Pendidikan Sebagai Kegiatan Usaha Yang Bersifat Komersil Berdasarkan Undang-Undang Nomor 16 Tahun 2001 Tentang Yayasan Jo. Undang-Undang Nomor 28 Tahun 2004 Riska Septiari; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

The Foundation is a collection of a number of people organized and in terms of its activities, more as a social institution. Article 1 (1) of Law Number 16 of 2001 mentioning purpose of the foundation is to achieve certain objectives in the social, religious and humanitarian who has no members. Problems in this thesis includes two (2) things: is a social institution foundations can be categorized as a business entity and how the legal effect of an education foundation whose business activities are commercial. The general objective of this research is to fulfill the requirements and the final project to obtain a law degree at the Faculty of Law, University of Riau, increase knowledge of science, especially in the field of civil law.This research is using normative type of research which means this study conceptualized as what is written in the legislation. Analysis of materials research in the thesis using qualitative methods, in order to draw conclusions using deductive metode.This research has a descriptive nature, which is a form of research that aims to create a picture of the problem. Source of data used is secondary data of primary legal materials, secondary and tertiary. Datametode collection techniques literature studies or study documents such as books, magazines, journals and the legislation in force. Thus, this study has the relationship between the data contained either in the legislation or in the literature.This study shows that the foundation as a social institution can not be said as a business entity, but the foundation can establish an enterprise and / or participate in a business entity, as set out in Article 3 (1) of the Law Foundation. The legal consequences for the foundation for the business activities of a commercial character is if they are carried out in the activities of the foundation then does the liquidation or dissolution of the foundation's because according to the provisions of Article 62 paragraph (2) of the Law Foundation. Foundation as a social institution should not be associated with any company or entity because it would have violated the original purpose of the foundation is for the purpose of social, religious and humanitarian. Against the foundation seeking personal gain or commercial activities of the foundation by running checks should be done in order to know the truth and immediately dissolved if it violates the law.Keywords: Education Foundation- Operations- Commercial
ANALISIS YURIDIS PENGATURAN JANGKA WAKTU PELIMPAHAN BERKAS PERKARA DARI PENYIDIK KEPADA PENUNTUT UMUM DIKAITKAN DENGAN PENETAPAN STATUS TERSANGKA BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Markus, Freddy; Indra, Mexsasai; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Abstract

When initiating the investigation process, the investigator must immediately fulfill the two evidences set out in Article 184 of the Criminal Procedure Code and establish the suspect in a crime and complete the file to be immediately delegated to the prosecutor. For suspects detained investigators have a time limit to settle the case while for suspects who are not detained investigators have no time limit to complete the case and may be constrained or lasted for years. This is of course detrimental to the right of the suspect to be immediately examined in court and obtain legal certainty regarding his status. The purpose of writing this thesis, namely: First, to determine the time period of determination of suspect status by the investigator. Second, to know the ideal period of time for the determination of suspect status.The type of research used is a normative legal research or can be called also the research of doctrinal law, normative legal research is a literature law research. Sources of data in this normative legal research is the data or material law of primary, secondary, and tertiary. The author in preparing and analyzing all the data and materials obtained in this study, conducted qualitatively. From the results of research problems there are two main things that can be concluded. First, the timing of the determination of suspect status by the investigator has not been clearly and completely regulated. Secondly, according to the author of the ideal period of time regarding the determination of suspect status in the investigation process, especially for the suspect who is not detained that is 90 days in accordance with the provisions in Article 88 of the Draft Law on Criminal Procedure Code. Author's suggestion, Firstly, it is necessary to amend the current Criminal Procedure Code, specifically in Article 50, concerning the time limit of the investigation process. Secondly, the Government needs to enact the New Criminal Procedure Code which has been prepared especially in Article 88 which regulates the time period for investigation process for the non-detained suspect that is 90 days to protect the rights of the suspect.Keywords : Unification Period, Investigation, Suspect, Legal Certaint
TANGGUNG JAWAB RUMAH SAKIT UMUM DAERAH BANGKINANG TERHADAP KESELAMATAN PASIEN TERKAIT PELAYANAN RUMAH SAKIT DALAM KEADAAN DARURAT BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2009 TENTANG RUMAH SAKIT Fuad Muhammad Abdul Salam Rasyad; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Health care is the right all Indonesian citizens. Health care is crucial and should be maintained or improved its quality in accordance to applicable service standards without prejudice to the rights of patients, therefore the patient can feel a safe, qualified, and anti-discrimination health care. Hospital as a means of health service delivery is the spearhead of health development in Indonesia. In fact, there has been a social malfunction of hospitals, which is turned into seeking benefits for certain parties that ignore the rights of patients to receive appropriate services. According to the Law No. 44 Year 2009 on Hospital described that hospital has legal responsibility for all losses incurred on omissions by medical staff in the hospital. The Regional General Hospital (RSUD) of Bangkinang perform their duties according to the Standard Operating Procedures (SOP) and Regulation Legislation. The hospital has an obligation under Section 29 Numbers 1 of Law No. 44 Year 2009 regarding Hospitals and preserve the rights of patients as a hospital responsibility in conducting their duties of health care.The issues and goals discussed in this thesis are to determine how is the responsibilities of the regional general hospital of Bangkinang for the patient safety related to the hospital services in emergencies based on Law Number 44 Year 2009 on Hospitals and what are the barriers to The Regional General Hospital Bangkinang in the hospital service in case of emergency. The study was conducted at The Regional General Hospital of Bangkinang in Kampar regency. The samples taken in this study was 109 people. This study was used a descriptive sociological research. The data were obtained by primary and secondary data. Data collection techniques were interview, questionnaire, and literature review. Then analyzed by qualitative descriptive analysis.The result showed that the patient as health care recipient could claim for the damages which refers to Law No. 44 Year 2009 on Hospital, when health care by the hospital irrelevant and harmful to the patient. Hospitals as health care providers have a responsibility in providing services according to the Article 29 of Law Number 44 Year 2009 About Hospital. The problems occured in The Regional General Hospital of Bangkinang were caused by the hospital and patients due to minimum application of law and lack of knowledge dissemination to the public about the legislation.It can be suggested for Local Government and Hospital to create some policies on the granting of dissemination to the public about the legislation, therefore the patients will be more understand in meaning between the hospital and the community. The hospital also had to optimize their performance in health care and to equip all of supporting services.Keywords: Responsibility – Hospital - Health – Patients
TANGGUNG JAWAB PENJUAL KEPADA PEMBELI MELALUI MEDIA ONLINE MENURUT UNDANG UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK PADA TOKO ONLINE RYNAKOSMETIK Rachman, M. Yogi; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Since the internet was first introduced it never suspect that impact is more intense. Internet bring the world economy enters a new phase like trading via internet. Indonesia through legislation Nomor 11 tahun 2008 Tentang Informasi dan Transaksi Elektronik regulating the trade via the internet, like sale and purchase agreement. Sale and purchase agreement via the internet is considered to have a high risk because of the difficulty in reaching the parties to a tort action in the transaction. Therefore it necessary legal protection and legal certainty for legislation yet not accommodate, thus should be pursued to achieve a balance of law remain in these conditions.The purpose of this thesis, as: first, to determine the legal protection of the parties in the implementation of the agreement via internet. Second, to determine the inhibiting factors in the purchase agreement via internet.This kind of research can be classified in sociological juridical research, because it done by analyzing data in laws and compare with the facts obtained through interviews. Overall population and sample related to the issues examined in this study, the data source used primary data, secondary data and tertiary data, collection data techiniques in this study with interviews and literature study.Of the research problem, there are two main things that can be concluded. First, legal protection for consumen in the purchase agreement via internet, including protection laws agreed upon by both parties as well as on electronic evidence set forth in pasal 5 ayat 1 Nomor 11 tahun 2008 Tentang Informasi dan Transaksi Elektronik. Second, inhibiting factor in internet transactions specifically the barriers, obstacle due the distance, space and time, the general of obstacle, data authenticity of obstacle, the presence of items and in proving the prowerss of the parties. Advice author, first, users expect buyers in particular need to be more cautious in making transactions via internet, buyers should also be carefully and thoroughly to avoid losses due to the irresponsible parties. Second, it should be the user in transactions via internet, especially sellers must guarantess goods and good faith also didn’t escape responsibility in trade through via internet.Keywords : Responsibility, Sale and purchase agreement, electronic media
PELAKSANAAN ASAS ITIKAD BAIK DALAM PERJANJIAN KERJASAMA USAHA XAFA GROUP KEBAB TURKI ALA FANDAWA DI KOTA PEKANBARU MALELA, GITA REGINA; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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The cooperation agreement between the owner of capital and the manager of venture capital of Xafa Group Kebab Turki Ala Fandawa is a legally-made agreement to act as a law for the parties making it, in accordance with the principle of "pacta sunt servanda" agreement law. In the present development, the principle of pakta sunt servanda is based on the principle of good faith. Thus, the cooperation agreement between the owner of capital and the manager of venture capital of Xafa Group Kebab Turki Ala Fandawa must also be carried out in good faith as set forth in Article 1338 Paragraph (3) of the Civil Code which states that: "An agreement must be executed in good faith". The purpose of writing this thesis, namely: First, find out whether the implementation of cooperation agreements Xafa Group Kebab Turki Ala Fandawa has been implemented in accordance with the principle of good faith. Secondly, to know the problems and constraints that occurred during the implementation of the cooperation agreement of Xafa Group Kebab Turki Ala Fandawa business in Pekanbaru city.This type of research can be classified in the type of juridical empirical research, because in this study the authors directly conduct research on the location or place studied in order to provide a complete and clear picture of the problems studied. The research was conducted at the House of Production Xafa Group Kebab Turki Ala Fandawa. The nature of descriptive research with primary data sources, secondary data and tertiary data, while the population and sample are the parties in the cooperation agreement examined in this study. Data collection techniques are interviews and literature review.From the results of research problems there are two main things that can be concluded. First, the implementation of the cooperation agreement of Xafa Group Kebab Turki Ala Fandawa business is not in accordance with the principle of good faith. Because the business capital manager has violated the contents of the agreement on the term of the agreement and decides in advance the cooperation agreement without any deliberation between the parties. The Manager in this case has violated Article 8 Paragraph (1) cooperation agreement and Article 1338 Paragraph (3) Civil Code. Second, the constraining factors encountered in the implementation of the business cooperation agreement are: rare communication between the parties and sales revenue that often do not reach the target. Authors' suggestion: firstly, the parties should be open and explain the relevant information in the agreement and be expected to understand the contents of the agreed agreement so that no party will be harmed. Secondly, it is necessary to have good communication between the parties because the cooperation will not run smoothly without any communication and good faith from the parties because the cooperation agreement is not only to gain profit for one party but for all related parties.Keywords : Agreement-Cooperation-Good faith
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN PAKAIAN BEKAS OLEH PENYIDIK PEGAWAI NEGERI SIPIL BEA DAN CUKAI DI KABUPATEN INDRAGIRI HILIR Nurviyani '; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Smuggling in essence can be interpreted as an act of importing, exporting, transfer between island do not care the laws and regulations that apply , or do not comply with customs formalities are required by law, used clothing imports have been banned from entering Indonesia since 1982 by the Ministry of trade and Cooperatives No. 28 / Kp / I / 82 determined that the former is used clothing items can not be imported or entered into Indonesia. Civil Servant Investigators (investigators) Customs and Excise given sufficient authority to investigate both criminal offenses and customs offenses, including the crime of smuggling. But in the case of smuggling of used clothing no instance that enter into the process of investigation, while sales of used clothing is increasing. As for the objectives of this thesis, namely: First, law enforcement is carried out by investigators of Customs and Excise against the smuggling of used clothing, Second, do not factor investigation, Third, Law Enforcement investigators who carried out are in accordance with the legislation.The conclusion of this study is the first acts undertaken by Customs and Excise investigators to eradicate smuggling used clothing in the form of law enforcement, preventive and repressive. Namely preventive law enforcement surveillance and patrols, namely repressive law enforcement to arrest and seizure. Both of cause is not an investigation into alleged criminal acts of smuggling of used clothing is the evidence that had been destroyed prior to the investigation. Third, law enforcement against the smuggling of used clothing by investigators not in accordance with the rules and regulations perudang for goods from the arrests have been destroyed before the investigation.Suggestions author of the issues examined are first, Customs and Excise Tembilahan an understanding of the community to the impact of second-hand clothes, Second Investigation on smuggling of used clothing should be appropriate to follow the legal process in accordance with the criminal justice system in Indonesia, the Third Law Enforcement by investigators Bea and Excise against the smuggling of used clothing in Indragiri Hilir must be made reference to the provisions of Customs law applicable.Keywords: Law Enforcement -- The Crime Of Smuggling – Use Clothing
PERBANDINGAN MEKANISME PERUBAHAN UNDANG-UNDANG DASAR ANTARA INDONESIA DENGAN AMERIKA SERIKAT Marzuk, Farid Arista; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Every country had a constitution that become a ground rules for another rules that come after it.constitution was a rules about constitutional or polity thing, that in Indonesia, we actually call it Undang-Undang Dasar (UUD). Every constitution always load some changing clause in its text, because considering about how unperfectly human works including make that constitution thing. United State of America and Indonesia was two country that adopt presidential government system within republic form. And furthermore, government institution that had a authority to change the constitution of each country was a legislature. In United State of America, the institution that can change the constitution was called Congress which include House of Representative and Senate, and in Indonesia, the institution that can change the constitution was called Majelis Permusyawaratan Rakyat (MPR) which include Dewan Perwakilan Rakyat (DPR) and Dewan Perwakilan Daerah (DPD) within. And when we talk about the step how to changing clause made, it has own rules within.Keywords: constitution, amendment of the constitution, United State of America, Indonesia
PEMENUHAN HAK DAN PEMBINAAN NARAPIDANA DI LEMBAGA PEMASYARAKATAN YANG MENGALAMI KELEBIHAN KAPASITAS (Studi Kasus Lembaga Pemasyarakan Klas IIA Tembilahan) Islami, Lielyana Adenur; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Correctional institution as a part of the criminal justice system has responsibility to delegate the realization of the ultimate goal of criminal justice system, namely the rehabilitation and resocialization for the lawbreakers. See the goals that need to be achieved he the fulfillment of the rights of convicts being a thing that is inevitable. But the problem that arise these time almost all the correctional institution in Indonesia are experiencing overcapacity, so that the rights of convicts are often not fulfilled and the fostering enforcement does not run properly, as well as occur in class IIA correctional institution of Tembilahan.In accordance with the above description, the writer is interested in conducting research with the title, The fulfillment of rights and the fostering of convicts in correctional institution that are experiencing overcapacity (study case in class IIA correctional institution of Tembilahan) this thesis aims to know the implementation of the fulfillment of the rights and the fostering of convicts in correctional institution that are experiencing overcapacity and to know the efforts that must be made so the fulfillment of rights and the fostering of convicts is not hampered because overcapacity in correctional institution.In this thesis the writer is using sociological research method with descriptive writing that gives an overview in detail dan clearly about the fulfillment of rights and the fostering of convicts in correctional institution that are experiencing overcapacity. The results of the research conducted by qualitative analysis and by using deductive method.From the results it can be concluded that the implementation of the fulfillment of rights and the fostering of convicts have not been going well due to overcapacity issue. The efforts for the problem are being made that is doing the transfer of convicts, correctional institution improvements, adding the budget funds, acceleration of granting remission, assimilation, parole and furlough towards free and need an understanding of the functions of the correctional institution at establishments within the ranks of the criminal justice system and the need to build a specific correctional institutions for narcotics in every province due to overcapacity domination by the convict of narcotic cases.Keywords : The Fulfillment of The Rights, Fostering, Correctional Institutions
PERANAN KEPOLISIAN SATUAN RESERSE KRIMINAL DALAM PEMBERANTASAN PEREDARAN UANG PALSU DI WILAYAH KEPOLISIAN RESOR LABUHANBATU BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG Triboyono, Agus; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Currency counterfeiting crimes nowadays more rampant in large scale and very worrying where most major impacts posed by this currency counterfeiting crimes that could threaten monetary conditions and national economy. Based on this understanding, the authors formulate three formulation of the problem, namely: First, What is the role of the Police Criminal Investigation Unit Labuhanbatu resort in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu. Secondly, What are the barriers Criminal Investigation Unit in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu. Third, Is the Criminal Investigation Unit of the effort in overcoming obstacles in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the problems to be studied. This research was conducted at the Police Labuhanbatu, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data terier, technical data collection in this study with interviews and literature study then analyzed qualitatively and process data and generate descriptive data and then infer deductively.From the research there are three main issues which can be summarized as follows: First, the role of the Police Criminal Investigation Unit Labuhanbatu resort in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu has not been maximized. Second, barriers Criminal Investigation Unit in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu is in the form of the incomplete legal instruments, and to which the laws here are less clear, law enforcement is still less than professional, which is where the low level of legal awareness and the lack of facilities and infrastructure. Third, efforts Criminal Investigation Unit in overcoming obstacles in combating the crime of counterfeit money circulation in the jurisdiction of Police Labuhanbatu on is through cooperation with the Police another and ask for guidance from the unit on and coordination of relevant institutions, in which the police Criminal Investigation Unit provides socialization to the public about the dangers of counterfeit money and if found immediately report it to the police.Keywords: Role of the Criminal Investigation Unit – Crime - Counterfeit Money

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