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Pemenuhan Hak Mendapatkan Pelayanan Kesehatan Bagi Narapidana (Studi di Lembaga Permasyarakatan Kelas II A Curup)
Sandra Wijaya, Trio;
Akbar Mulki Rahman, Malik
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31462
Getting health services is a right for everyone, including someone who is serving a sentence of independence in a correctional facility. Prisoners who are serving a sentence of loss of independence with the same right to obtain health services provided by the state, so that there is no difference between other community members and prisoners. At this time, the author wants to see the extent to which health services are provided to inmates. Research conducted at the Class IIA Correctional Institution using qualitative methods with data techniques carried out by interviews and field observations. Data sobtained from primary data and secondary data. The provision of rights to health services in prisons has on average been given, seen from each correctional institution already has a health clinic that can provide health services to prisoners who are undergoing a criminal period, although there are some health games that cannot be given such as certain diseases. From the results of research conducted at the Class IIA Correctional Institution, Curup had 4 health workers consisting of 1 honorary doctor, 1 nurse and 2 midwives. With the condition that there are only 4 health workers and as many as 555 prisoners, of course, they cannot provide maximum health services. At the Curup Class IIA Correctional Institution health clinic there are 2 health services, namely general and special health services, for general health services it has been maximally provided but for special services health clinics collaborate with the health office for disease companions such as tuberculosis, HIV / AIDS, syphilis and other cooperation.
Perlindungan Hukum Terhadap Nasabah Mobile Banking dalam Transaksi Perbankan
Trisna Dewi, Ni Made
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31463
This essay discusses the legal protection for mobile banking custumers, because the mobile banking product as one of the delivery many benefits but contain many risk on the other side that could cause losses for the custumers. Therefore, the protection for mobile banking custumers is requiered in order to protect the rights of the custumers banking servise. The study was conducted to determine how the indonesian low and regulations that protect mobile banking custumers in banking transaction in case of the error transaction electronic in review of low number 11 of 2008 on information and electronic transactionsas well as the bank’s responsibility for the mobile banking custumers in case of a transaction error. This study is a normative study with the literature research method to analyze the book of legal literature and the low number 8 of 1999 about the custumers protection, low number 10 of 1998 about the indonesia banking sistem, low number 11 of 2008 about the transaction and electronic information. The result showed that although there is no customers legislation that specificaly regulates mobile banking, but in indonesia positive legal order there are laws and regulation which has provided legal protection for mobile banking custumers. There are law number 11 of 2008 about information and electronic transaction as contained in article 1.2 and 3. The bank’s responsibility to the custumer in case of error transaction. The loss is a proxy of fullfillment of one custumers protection law. Right to copensation in accordance with the treaty law in article 1313 civil law. Then the current legislation already includes aspects of legal protection for mobile banking custumers.
Penyelesaian Tindak Pidana Pencurian Hewan Ternak Menurut Hukum Adat Masyarakat Kecamatan Alas Kota Madya Manufahi
Fernandes Vassalo, Acacio
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31465
Theft is related to the possession of other property without the permission of the owner, with various ways and modes of operation. The role of customary law in the settlement of criminal theft (livestock) is the implementation of state duties in combating criminal acts. This is a manifestation of Article 2 paragraph (3) and Article 59 paragraph (4) of the RDTL Constitution. The application of customary law in the Alas District (Posto Administrativo) is a positive response to the high desire of the community about a peaceful and serene life in their environment. Therefore, the term law enforcement is closely related to the idea of the rule of law or legal principles as the supreme power in the rule of law and democracy in East Timor.
Komparasi Penyelesaian Perkara Pidana Kejahatan Genosida yang Terjadi di Rwanda dan Myanmar Ditinjau Dari Perspektif Hukum Pidana Internasional
Riski Wahyudi, Anak Agung Ngurah;
Budiana, I Nyoman
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31466
This study aims (1) to analyze and find out the efforts to resolve genocide disputes from the perspective of international criminal law, (2) to determine the comparison of resolving genocide disputes that occurred in Rwanda and Myanmar. This type of research uses normative legal research, namely literature study, rules and literature related to genocide, and uses an argumentative descriptive approach. The results of this study explain the efforts and comparisons of resolving genocide disputes that occurred in Rwanda and Myanmar from the perspective of international criminal law. Genocide is an international crime that aims to eliminate ethnicity, ethnicity, race and religion in a systematic and structured manner. Efforts to resolve disputes are carried out in an international criminal manner and are handled by the International Criminal Court. The International Criminal Court is the highest judicial institution, and has the authority to handle international cases. comparative law is a method of investigation with the aim of obtaining deeper knowledge about certain legal materials. Comparative law is not a set of rules and legal principles and is not a branch of law, but is a technique for dealing with foreign legal elements from a legal problem. Court. The International Criminal Court is the highest judicial institution, and has the authority to handle international cases
Roles and Actions That Should Be Taken by The Parties In The War In Concerning Wound and Sick Or Dead During War or After War Under The Geneva Convention 1949
Sudika Mangku, Dewa Gede
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31467
Modern international humanitarian law consists of two historical streams: The Law of The Hague which in the past was referred to as the law of war proper, and Geneva Law or Humanitarian Law. The two schools are named after the venue for the international conferences drafting treaties on war and conflict, especially the Hague Conventions 1899 and 1907 and the Geneva Conventions, which were drafted for the first time in 1863. Both Hague Law and Geneva Law are branches from jus in bello, namely international law regarding acceptable practices in the conduct of war and armed conflict). The result of the writing of this article is that basically the scope of the First Geneva Convention in the context of scale provides protection in international and non-international conflicts, but the basis for non-international protection is not specifically explained in this convention, because in this First Geneva Convention. Non-international conflicts are only included in the General Provisions Chapter, and will be further clarified in Protocol II. This non-international scope is described in accordance with the First Geneva Convention Chapter I - General Provisions Article 3 regarding armed conflicts that are not international (non-international) taking place within the territory of one of the High Contracting Parties so that each Party to the conflict is obliged to implement the provisions applicable. The roles and actions that must be taken by the disputing parties during the war or not for the wounded and sick or dead cannot be separated from Human Rights, which must care for fellow human beings and please help regardless of ethnicity, religion, race, gender, age and skin. But in the Geneva convention only provides actions that should be done, there are no sanctions imposed if we ignore or do not comply with this Geneva convention. The method used in this research is normative juridical.
Penerapan Sanksi Pidana Perda Pajak dan Retribusi Bidang Pendapatan di Kota Ternate
Malik, Faissal;
Abdulajid, Syawal
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31468
The application of regional regulations in the field of Regional Taxes and Retribution in Ternate City has not yet been submitted to the Court with criminal convictions, but it is realized that the regional regulation enforcement officers have not fulfilled the tax obligations. Even so, violations of the Tax and Retribution Regional Regulations on administrative law sanctions are chosen to be enforced rather than criminal sanctions because administrative legal sanctions are more effective in their enforcement. Therefore, the formation of regional regulations on taxes and levies does not only pay attention to aspects of legal substance, but also aspects of structure and cultural aspects, in the form of the availability of regional law enforcement officers which in turn result in enforcement of regional regulations on taxes and levies so that criminal sanctions can be utilized to increase original income. Regional (PAD).
Penyelesaian Sengketa Adat Mengenai Tapal Batas Antara Desa Pakraman Penatih Puri dan Desa Pakraman Peguyangan
Adi Trinaya Dewi, A.A. Mas
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31469
Blurred village boundaries can cause confusion in the implementation of village services, pawedalan, punia funds, kasucianism and non-compliance for local residents. This condition is believed by Hindus to cause disruption of social balance (sekala) and magic (niskala). As a result of the unclear territorial boundaries of the Pakraman village, there was a customary reaction in Pakraman Penatih Puri Village with Pakraman Peguyangan Village. This research will discuss 2 (two) main points, namely: (1) How is the settlement of customary disputes regarding the boundaries between Pakraman Penatih Puri Village and Pakraman Peguyangan Village? (2) What are the factors that hinder the settlement of customary disputes regarding the boundary between Pakraman Penatih Puri and Pakraman Peguyangan villages? This type of research is qualitative research that is descriptive and analytical in nature. Settlement of customary disputes regarding the boundaries between Pakraman Penatih Puri Village and Pakraman Peguyangan Village which are resolved by means of mediation by making a collective agreement or pararem which is used as the legal basis in the Pakraman village. Awig-awig is made in order to create harmony and security in society.
Efektivitas Undang-Undang Nomor 24 Tahun 2007 Tentang Penanggulangan Bencana dan Fikih Kebencanaan Terhadap Perilaku Warga Muhammadiyah (Studi Kasus Covid-19)
Isngadi, Isngadi;
Khakim, Mufti
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31470
Disaster management is the obligation of the state in carrying out constitutional duties, namely protecting all spilled Indonesian blood. Disasters have the potential to cause casualties and property. Laws are needed as the basis for government decision making in disaster management. The effectiveness of implementing law number 24 of 2007 can be a benchmark for disaster management. The participation of civil society such as Muhammadiyah mass organizations is a supporting capacity in disaster management. This research is a normative study of the effectiveness of the law on disaster management and Muhammadiyah disaster management case study of Covid 19. The results of the research show that there are many things that need to be evaluated in the implementation of the implementation of the law.
Sanksi Hukum Bagi Pengawas Yayasan yang Lalai dalam Menjalankan Fungsinya Sebagai Organ Yayasan
Bayu Brahmantya, Ida Bagus
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31471
A foundation is an institution that carries out religious, humanitarian and social activities that are formed by the community or the government. Law Number 16 of 2001 concerning Foundations as later amended by Law Number 28 of 2004 concerning amendments to Law Number 16 of 2001 concerning Foundations which provides certainty of the legal position of foundations as legal entities. Foundations do not have members, but have foundations consisting of coaches, administrators and supervisors who as legal subjects are capable of taking legal actions. The management of foundation assets is open in nature so that proper supervision is required. The Supervisory Organ has the authority to supervise the management of the Foundation by supervising financial reports, activity reports and their achievements which are written by the Management to be ratified in a supervisory meeting. These supervisors must have good faith in carrying out their authority, duties and responsibilities. The method used in this research is normative legal research using a statutory approach. The authority of a Supervisor is regulated in statutory regulations, however, legal sanctions if a Supervisor is negligent in carrying out the function are not completely stated. So that in order to avoid negligence in its function, it is necessary to have strict sanctions to avoid any harm to the Foundation, the state or related parties.
Optimalisasi Perlindungan Anak Melalui Sumber Hukum Hindu
Ayu Suseni, Komang
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v7i1.31472
Children are the next generation of the nation and every parent's dream. To be able to form children that can be relied upon and become a hope for both parents and useful for the nation and state, the role of parents in guiding and caring for their children is very important. In the Hindu religion books have been explained about children such as Manawa Dharmasastra, Sarasamuccaya, Slokantara and Silakrama. For example in the weda explained Until the age of five, parents must treat their children as kings. In the next ten years as a servant, and after age sixteen and above must be treated as a friend. In this sloka explained, it is better for us to give punishment to children when they make a mistake, as long as it's only natural. If you always spoil a child and have never been banned in any case, then he will get used to what is wrong. According to the Law of the Republic of Indonesia Number 23 Year 2005 concerning Child Protection also confirms that what is meant by a child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. A child must get good treatment and protection from the womb until birth and growing up. For this reason, the role of parents in understanding and deepening the teachings in the Vedas is very important. We must understand correctly what is the child's needs.