PLEDOI (Jurnal Hukum dan Keadilan)最新文献

{"title":"Upaya Perlindungan Hukum Terhadap Hak Kesehatan Jasmani Pasien Gangguan Jiwa Berat di Indonesia","authors":"Silvester Anang Prananto Timur, Lego Karjoko, Fatma Ulfatun Najicha","doi":"10.56721/pledoi.v2i1.179","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.179","url":null,"abstract":"Often with the development of national development which is in line with the 1945 Constitution, the health sector is one part of the national development that the government is trying to achieve the degree of health. Which as high as possible. To guarantee the right to health for every Indonesian citizen, the arrangement is legal protection that is certain for the people in seeking justice. In this regard, the legal issues that occur in Indonesia concern the right to health for people with severe mental disorders who are often underestimated in society and receive a negative stigma that hinders the fulfillment of their right to health. In this case, patients with psychiatric disorders do not only have problems in the psychological sphere but can also have problems in the physical (physical) sphere. This study aims to analyze legal protection for fulfilling the physical health rights of patients with severe mental disorders in Indonesia using normative research methods by collecting legal material sources through positive law legislation and other legal sources of literature to answer the problem solving of these legal issues as a whole. prescriptive. From a review of the regulations of Law no. 36 of 2009 concerning Health found that the right to health is an equal right for all Indonesian citizens, and the services provided are anti-discrimination. In accordance with Law no. 44 of 2009 concerning Hospitals, hospitals have an obligation to provide services and care for patients both medically and non-medically by implementing a referral system according to hospital classification.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125633174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pencegahan Tindak Pidana Perjudian Online","authors":"Muhammad Yanuar Vernanda Saputra, Edi Pranoto","doi":"10.56721/pledoi.v2i1.171","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.171","url":null,"abstract":"The crime of online gambling is an act that is prohibited and is a form of action that is contrary to religious, moral and positive legal norms. The problem of gambling has existed for a long time, gambling activities are considered to be something that is usually done by the community, therefore gambling is difficult to eradicate. The emergence of the internet made gambling even more varied, gamblers did not need to meet other players to play gambling. The problems are formulated as follows: (1) How the Police Prevent Online Gambling Crimes in the Legal Area of the Grobogan Police. (2) What Obstacles and Obstacles Did the Police Encounter in Eradicating Online Gambling Crimes in the Legal Area of the Grobogan Police? The research objectives to be achieved are to find out and analyze the police's methods of preventing online gambling crimes, as well as to find out the police's constraints and obstacles in handling online gambling crimes in the jurisdiction of the Grobogan District Police. in the jurisdiction of the Grobogan Police. The legal basis for online gambling is article 27 paragraph 2 in conjunction with Article 45 paragraph 1 of Law No. 19 of 2016 concerning Information and Electronic Transactions","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"57 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120863956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Faktor Pendukung PT Rayon Utama Makmur dalam Penghentian Proses Produksi Berdasarkan UU No. 11 Tahun 2020 tentang Cipta Kerja","authors":"Cosmas Primvance Daega Arya Putra, W. Waluyo, Rosita Candrakirana","doi":"10.56721/pledoi.v2i1.176","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.176","url":null,"abstract":"The development of the industrial sector in Indonesia not only has a positive impact but also has a negative impact, especially in terms of environmental pollution. Environmental pollution that occurs can disturb and unsettle the community. The waste produced by PT Rayon Utama Makmur creates a pungent odor that is disturbing and disturbing the comfort of the community, especially those located behind the PT Rayon Utama Makmur factory. The standard criteria for environmental damage have been regulated in laws and regulations. Based on Law Number 11 of 2020 concerning Job Creation, the matter regarding PT Rayon Utama Makmur has been transferred to the Ministry of Environment and Forestry of the Republic of Indonesia so that the Sukoharjo Regency Environmental Service no longer has further authority regarding the continuation of this case. This study aims to analyze the factors that influenced PT Rayon Utama Makmur to finally decide to stop its production process and what PT Rayon Utama Makmur should do to be able to correct its mistakes. In this study, the authors used a normative empirical research method, which is a research method that combines elements of normative law supported by material data or empirical elements. Furthermore, good will and effort from PT Rayon Utama Makmur are needed to improve the production process and waste disposal process, because the relationship between PT Rayon Utama Makmur and local residents has deteriorated. The Central Government and Regional Governments also need to work together to review the way PT Rayon Utama Makmur treats the remaining production waste.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124877588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Optimalisasi Peran Pemerintah Dalam Kebijakan Penanganan Limbah Medis","authors":"Annisa Hartami, Lego Karjoko, Fatma Ulfatun Najicha","doi":"10.56721/pledoi.v2i1.168","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.168","url":null,"abstract":"Law 32 of 2009 on Environmental Protection and Management is an example of the government's efforts to achieve a balance between economic growth and environmental preservation. In accordance with Human Rights (HAM) in realizing sustainable development and the existence of global environmental issues. This research method uses normative legal research methods that are prescriptive. Types and sources of law include primary and secondary legal materials. The technique of collecting legal materials used is the study of literature. Furthermore, the analysis technique used is the deductive method. The results of this study show that there is a need to optimize the role carried out by the government to deal with the growing medical waste.  In addition, health service facilities also carry out direct sorting to be more effective in handling the management of medical waste. This can be seen from the use of the Regulation of the Minister of Environment and Forestry Number p.56Menlhk-Setjen2015 as SPO in implementing medical waste management. These laws and regulations are able to provide legal expediency and certainty. Meanwhile, in terms of fairness, this is determined by how the implementation of these laws and regulations in the field.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"228 1-2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114041654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kajian Viktimologi Terhadap Anak Korban Kekerasan Seksual di Lingkungan Keluarga","authors":"Shalahuddin Al Ayyubi, Dian Esti Pratiwi","doi":"10.56721/pledoi.v2i1.195","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.195","url":null,"abstract":"Cases of sexual violence against children are rife in Indonesia, especially sexual violence experienced by a child in his own family environment. Law in Indonesia has accommodated the protection of child victims of sexual violence in the family environment in Law Number 12 of 2022 concerning Crimes of Sexual Violence and Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Victims' rights are also regulated in other regulations, namely in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In its implementation, the rule of law still has many shortcomings so that it is not optimal in solving the problems of child victims of sexual violence in the family environment. The research method used is normative by examining existing legal regulations relating to sexual violence against children. Opportunities to strengthen these articles can be accommodated in the Draft Criminal Code, so that in the future the problem of sexual violence against children in the family environment can provide the best solution.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127979416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Melalui E-Commerce","authors":"Seldya Vindi Mayce, Risma Riski Ramadani, Riska Nuvia Cahyani, Teralia Anataya","doi":"10.56721/pledoi.v2i1.146","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.146","url":null,"abstract":"The issue of consumer protection in e-commerce is an important aspect to pay attention to because some cases of e-commerce will place consumers in a weak or disadvantaged position. Therefore, this study aims to find out whether the consumer protection law no.Eight of 1999 can protect consumers in making transactions through e-commerce and how legal protection is for consumers in transactions through e-trade social media tik tok. This research uses normative legal methods and legal approaches and case studies. From the research it can be seen that (1) Based on Law Number 8 of 1999 concerning Consumer Protection it states that business actors are responsible for providing compensation for damage, pollution and/or losses suffered by consumers as a result of consuming traded goods and/or services. It has been clearly explained here that UUPK adheres to the principle of absolute responsibility (strict legal responsibility), in which business actors must be responsible in line with the principle of responsibility adopted by UUPK, namely absolute responsibility (strict legal responsibility). (2) Legal protection given to consumers who transact through Tik Tok is provided in the form of government regulations where every market platform company in Indonesia, including Tik Tok, is required to provide a special merchant account, this is done to make it easier for the government to track online merchant records. Tik Tok has implemented these regulations by providing Tik Tok commercial enterprise features. Thus, in carrying out e-commerce transactions, consumers are expected to be more careful and choose shops on social media carefully and thoroughly.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134025261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Konsumen Yang Dirugikan Dalam Transaksi Jual Beli Barang di Online Shop","authors":"Aldi Rozzaq Bimantara, Edi Pranoto","doi":"10.56721/pledoi.v2i1.189","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.189","url":null,"abstract":"The use of electronic media to function as digital data in making agreements will have an impact on the performance of companies that carry out their activities using electronic media such as the internet, but agreements made via the internet do not mean they do not cause problems. This problem is with the development of crime that utilizes the internet network, namely the rise of fraud via the internet, especially in online transactions. The government's efforts to provide consumer protection have been reflected in the establishment of Law No. 6 of 19999 concerning Consumer Protection. Where it has been regulated regarding the rights and obligations of consumers. In addition, there are rights and obligations for the seller. Therefore the authors are interested in conducting research with the title \"Legal Protection of Consumers who are disadvantaged in buying and selling transactions of goods at online shops\". The formulation of this problem is How to Legal Protection Against Consumers Who Are Aggrieved in Buying and Selling Transactions through Shopee E-commerce according to Law Number 8 of 1999 concerning Consumer Protection and How is Shopee's policy in protecting consumers in transactions who are disadvantaged in buying and selling transactions. This study uses a normative juridical type with a qualitative descriptive analysis focusing on secondary data. Based on the results of the study, it can be concluded that Law Number 8 of 1999 concerning Consumer Protection Law has provided efforts to protect buying and selling transactions online, namely the inclusion of rights and obligations owned by sellers and buyers that must be fulfilled. Concerning protection for online transactions at Shopee, Shopee also has various policies that refer to the provisions of Government Regulation (PP) number 80 of 2019 concerning Trading Through Electronic Systems (UU PMSE), namely Article 26 which contains the fulfillment of obligations for business actors and Article 27 which contains the provision of compliant services. The form of legal protection provided to consumers is particularly related to forms of loss such as default, unilateral cancellation, and Shopee account breaches.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124070793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pengaturan Tenaga Kerja Asing Sebagai Instrumen Alih Teknologi dan Pengetahuan Pasca Berlakunya UU No. 11 Tahun 2020 Tentang Cipta Kerja","authors":"Eka Rismawati, Lego Karjoko, I. Gusti Ayu Ketut Rachmi Handayani","doi":"10.56721/pledoi.v2i1.197","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.197","url":null,"abstract":"The regulation of using foreign employees as a tool for technology and knowledge transfer, roadblocks that arise while implementing technology and knowledge transfer, and government initiatives to promote the quickening of technology and knowledge transfer are all examined in this study. This study is a normative legal investigation. Legal main and secondary sources are examples of primary data. The method for gathering data was a literature review, which involved reading books, looking over rules and regulations, and looking over other relevant research findings. The findings of this study suggest that Indonesia's laws governing the employment of foreign workers have not explicitly restricted the means through which technology can be transferred through foreign workers.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126671508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pengelolaan Sampah Melalui PLTSa Di Indonesia Untuk Mewujudkan Net Zero Emission","authors":"Gresia Putri Damayanti, W. Waluyo, Rosita Candrakirana","doi":"10.56721/pledoi.v2i1.193","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.193","url":null,"abstract":"The goal of this paper is to conduct a normative analysis of the PLTSa development in Indonesia as a form of net-zero emissions policy. This research is normative and conducted through library research utilizing the statute approach method. It is done by looking normatively at the relevant statutory regulations. So, utilizing the theory developed by Hans Kelsen and Nawiasky, known as the stufenbau theory, he concentrates on the discussion of statutory regulations connected to PLTSa development in the discussion part and the study findings. Examining if different legal frameworks governing PLTSa development in Indonesia are harmonized is the goal. Additionally, the discussion and research findings in this paper draw on studies of the literature from a range of sources that address the integration of the Sustainable Development Goals (SDGs) and the principles of Good Environmental Governance in Indonesia's PLTSa development plans. According to the research in this paper, it can be concluded that PLTSa development in Indonesia can positively influence efforts to achieve net zero emissions, and that PLTSa use in waste management is a form of environmental protection that is consistent with the objectives of sustainable development. In order to develop and administer PLTSa in Indonesia, the government still needs to take into account a number of factors, starting with the implementation of these policies and statutory regulations. in order for the PLTSa policy optimization to work effectively.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128988730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reflections and Expectations of Democracy in The Implementation of Regional Autonomy: Long - Term Potential for Appointment of Acting Regional Heads","authors":"Emmanuel Ariananto Waluyo Adi, Theresia Rachelita Devia Irani","doi":"10.56721/pledoi.v2i1.184","DOIUrl":"https://doi.org/10.56721/pledoi.v2i1.184","url":null,"abstract":"Indonesia is a democratic country that implemented regional autonomy. The era of regional autonomy has been implemented since the Indonesian government issued Law no. 22 of 1999 concerning Regional Government and has continued to this day. Many dynamics have occurred as well as challenges and achievements for this autonomy, such as local governments being able to advance programs according to their regional characteristics, even increasing cases of corruption by regional heads, and many more. Article 201 Paragraph (9) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulations in  Law Number 1 of 2014 Concerning the Election of Governors, Regents, and Mayors which has become Law Number 6 2020 concerning the Election of Governors, Regents and Mayors, mentioning that in commemoration of the deaths of the Governor and Deputy Governor, Regent, and Deputy Regent, as well as Mayor and Deputy Mayor whose term of office ends in 2022 and whose term ends in 2023, acting Governor, acting Regent, and acting Mayor is appointed until the election of the Governor and Deputy Governors, Regents, and Deputy Regents, as well as Mayors and Deputy Mayors through simultaneous national elections in 2024. Therefore, currently, many regional heads positions in Indonesia are welcomed by Regional Heads in Charge who is appointed by the Central Government by statutory provisions. This has become a polemic and the authors find that the implementation of regional autonomy has so far been suboptimal so the central government needs to further regulate the provisions for the placement of the intended Regional Heads in Charge to achieve an ideal of democracy.","PeriodicalId":136750,"journal":{"name":"PLEDOI (Jurnal Hukum dan Keadilan)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128448541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}