HERMENEUTIKA : Jurnal Ilmu Hukum最新文献

LEGAL PROTECTION OF THE STATE HOSPITAL AS THE IMPACT OF INDONESIAN 国家医院作为印尼法律保护的影响

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8726

Kaspan Kaspan, M. K. Huda, Asmuni Asmuni

{"title":"LEGAL PROTECTION OF THE STATE HOSPITAL AS THE IMPACT OF INDONESIAN","authors":"Kaspan Kaspan, M. K. Huda, Asmuni Asmuni","doi":"10.33603/hermeneutika.v7i2.8726","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8726","url":null,"abstract":"The purpose of this study is to analyze the legal consequences of implementing Indonesian Case Based Groups in Hospitals and to analyze government hospital laws on the implementation and services in hospitals as a result of the tariffs of Indonesian Case Based Groups. Several studies have found that a number of cases in hospitals have higher rates than BPJS Kesehatan payments, while other cases, for example with a lower severity level, hospital rates are still lower than INA-CBGs rates.The application of the INA-CBGS tariff in health services creates several legal consequences that intersect with administrative law in relation to abuse of authority, criminal law in relation to criminal acts of corruption and civil law in relation to the dispute resolution process, namely the existence of a mediation process beforehand. The form of legal protection for government hospitals in carrying out health services as a result of the INA CBGS Tariff is regulated in several regulations, namely as stated in Article 50 letter a. The Medical Practice Law and Article 75 of the Health Personnel Law, Article 45 of the Hospital Law paragraph (2), Article 58 of Law No. 36 of 2009 Concerning Health, and internally hospitals can also be regulated in Hospital by Laws and can also be in the form of a Director's Regulation Hospital.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125061441","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}

引用次数: 0

LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES 法律审查涉及到土地权利，完整系统的土地登记程序建立在一定的法律价值基础上

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8728

Wulan Laraswati Rengganis, Tina Marlina, Irma Maulida, Endang Sutrisno

{"title":"LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES","authors":"Wulan Laraswati Rengganis, Tina Marlina, Irma Maulida, Endang Sutrisno","doi":"10.33603/hermeneutika.v7i2.8728","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8728","url":null,"abstract":"The Ministry of ATR/BPN is authorized by the government to grant land rights and land registration activities. Therefore, the PTSL Program was created as a land registration program to achieve legal certainty. The results of the PTSL Program can be issued certificates which are proof of ownership that has legal certainty, but in fact even though they already have legal certainty they can still cause land disputes such as certificates that overlap ownership. Seeing the problems above, the author is interested in analyzing how the PTSL program is implemented for the purpose of legal certainty and efforts to resolve legal disputes in the PTSL program regarding overlapping land rights based on Permen ATR/BPN Number 21 of 2020?. The research method used is normative juridical. The results of the study show that the PTSL program with overlapping certificates of ownership has not fully obtained legal certainty due to administrative defects. Therefore, to obtain legal certainty, one of the certificates must be canceled and the process carried out according to the procedure. Efforts to resolve legal disputes in the PTSL Program regarding overlapping land rights in accordance with Article 6 Paragraph (1), Article 29 Paragraph (1), Article 34, and Article 35 of Permen ATR/BPN Number 21 of 2020. It was concluded that the PTSL Program even though can cause overlapping certificates of ownership, you can still get legal certainty with the handling regulated by Permen ATR/BPN Number 21 of 2020.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129240759","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}

引用次数: 0

ANALISIS PUTUSAN NOMOR 742/PDT.G/2017/PN MDN TENTANAG SENGKETA HARTA GONO-GINI 判决分析742/PDT。G/2017/PN本庭纠纷纠纷

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8727

Jonathan Parulian Pasaribu, Pranzheva Theotara Sitepu, Vrans Efesus Simanjuntak, Emir Syarif Fatahillah Pakpahan, M. Alfarisi

引用次数: 0

THE APPLICATION OF CRIMINOLOGY TO VIOLATIONS OF PROFESSIONAL CODE OF ETHICS BY POLICE PERSONNEL 犯罪学对警察人员违反职业道德准则的应用

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8725

Dwi Bintang Nugroho, Puti Priyana, C. Iman

引用次数: 0

DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES 通过法定离婚案件中依职权法官的依职权确定赡养费

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8724

M. Fadhil, Muhammad Hendra, Dewi Ervina Suryani

{"title":"DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES","authors":"M. Fadhil, Muhammad Hendra, Dewi Ervina Suryani","doi":"10.33603/hermeneutika.v7i2.8724","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8724","url":null,"abstract":"This study aims to answer the problem of determining iddah maintenance through the ex officio rights of judges in verstek divorce cases. Divorce cases involving verstek talak mean that the wife has never been present at the divorce hearing and has not filed a claim for her right to support her iddah after the divorce. Even though Article 41 of the Marriage Law and Article 149 of the KHI regulate the husband's obligation to provide iddah maintenance to his divorced wife. The form of research used in this study is normative juridical research (library research) with a statutory approach. This normative legal research is based on secondary legal material obtained through data collection techniques of library studies and the data obtained is then analyzed using descriptive-qualitative methods. This study found that although Article 178 HIR paragraph 3 and Article 189 RBg Paragraph 3 state that judges are prohibited from passing decisions on cases that are not prosecuted or granted more than what is demanded, there are specificities in the procedural law of the Religious Courts as stipulated in Article 54 Law Number 3 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The basis for implementing the ex officio right to determining iddah maintenance in cases of verstek divorce is Article 41 letter c of Law Number 1 of 1974 which reads \"The court may oblige the ex-husband to provide subsistence expenses and or determine an obligation for the ex-husband\".","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127244122","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}

引用次数: 0

THE URGENCY OF IMPLEMENTING PSYCHOLOGY EDUCATION AND SERVICE LAW IN PROTECTING PSYCHOLOGY PROFESSIONALS AND COMMUNITY 实施心理教育和服务法保护心理专业人员和社会的紧迫性

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-28 DOI: 10.33603/hermeneutika.v7i1.8441

Bagas Rahmatullah

引用次数: 0

THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District) 《UNDANG-UNDANG》2019年第16期《JAMAAH TABLIGH》对结婚年龄的看法(以Deli Serdang地区JAMAAH TABLIGH为例)

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8368

M. Fadhil

{"title":"THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District)","authors":"M. Fadhil","doi":"10.33603/hermeneutika.v7i1.8368","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8368","url":null,"abstract":"This study aims to answer how the opinions and practices of the Jamaah Tabligh in Deli Serdang district about the age of marriage by making Undang-Undang Number 16 of 2019 as the basis for the analysis. This study uses empirical juridical research, and data collection techniques in this study are observation, interviews, and document studies. This study found that there are opinions and practices of the Jamaah Tabligh community in Deli Serdang district in marrying off their children may be done when they reach puberty. The background factor is to avoid adultery and promiscuity. Meanwhile, the minimum age for marriage regulated in the Undang-Undang Number 16 of 2019 for men and women as stipulated in Undang-Undang Number 16 of 2019 concerning amendments to Undang-Undang Number 1 of 1974 concerning Marriage. According to the opinions of the Jamaah Tabligh in Deli Serdang district Stick rules regarding the minimum age limit for marriage stipulated in the law are a form of recommendation, so there is no problem with not following the statutory rules regarding the minimum age limit for marriage when marrying off their children for good purposes.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130465486","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}

引用次数: 0

LEGAL ASPECTS OF PP NO 29 OF 2020 CONCERNING INCOME TAX FACILITIES IN THE FRAMEWORK OF HANDLING CORONA VIRUS DISEASE 关于处理冠状病毒病框架内所得税设施的2020年第29号文件的法律方面

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8367

Agustina Ekra Flamella, Fitika Andraini

{"title":"LEGAL ASPECTS OF PP NO 29 OF 2020 CONCERNING INCOME TAX FACILITIES IN THE FRAMEWORK OF HANDLING CORONA VIRUS DISEASE","authors":"Agustina Ekra Flamella, Fitika Andraini","doi":"10.33603/hermeneutika.v7i1.8367","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8367","url":null,"abstract":"The Legal Aspects of PP No 29 of 2020 Concerning Income Tax Facilities in the Context of Handling Corona Virus Disease (Covid-19) and the impact after the enactment of PP No 29 of 2020 Concerning Income Tax Facilities in the Contex of Handling Corona Virus Disease (Covid-19) for UMKM. This study uses an empirical juridical approach which is a type of legal research conducted by looking at the real conditions of the community environment with the intent and purpose of finding the facts and date needed. The conclusions from this study are (1) The understanding of UMKM actors who still do not understand the contents of PP No 29 of 2020 article (5) to article (6) which states that UMKM actors do not pay taxes but only report their business income to the Web DJP and will be paid by the government which will be accumulated annually. (2) Knowing the impact after the enactment of PP No 29 of 2020, namely UMKM players, especially Semarang Candisari, Semarang City, have made good use of this regulation because IT problems have developed, many UMKM are better acquainted with IT, especially small business, the majority of sellers are elderly and parent. (3) The researcher suggests for all UMKM actors, especially in the Candisari Semarang area, to contribute more to the state througt paying taxes because currently it is made easier by the Government.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133618714","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}

引用次数: 0

AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 ON THE PRACTICE OF UNDERAGE MARRIAGE IN KARAWANG REGENCY 2019年第16号关于卡拉旺县未成年结婚的法律规定了结婚年龄限制

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8370

Destia Ayuning Thias, M. Abas, A. Hidayat

{"title":"AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 ON THE PRACTICE OF UNDERAGE MARRIAGE IN KARAWANG REGENCY","authors":"Destia Ayuning Thias, M. Abas, A. Hidayat","doi":"10.33603/hermeneutika.v7i1.8370","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8370","url":null,"abstract":"Underage marriages are marriages that do not meet the minimum age requirements stipulated in law number 16 of 2019 concerning amendments to law number 1 of 1974 concerning marriage. In law number 16 of 2019 article 7 it states that marriage is only permitted if a man and a woman have reached the age of 19. Based on the research results, it can be interpreted that the marriage rate in Karawang district has fluctuated since the enactment of law number 16 of 2019. This is evidenced by the percentage of underage marriage rates in Karawang district based on marriage dispensation data at the Karawang religious court. The data obtained is as follows, in 2019 there were 59 submissions, in 2020 there were 203 submissions, in 2021 there were 122 submissions and in 2022 there were 127 submissions. In addition, there are several factors that cause underage marriages in Karawang district, including arranged marriages, parents avoiding their children from committing adultery and even because they have already sent out invitations. There are some who are pregnant out of wedlock but the number is only a few in Karawang district. Legal research was conducted using an empiris juridical approach.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"10 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114338751","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}

引用次数: 0

PROTECTION OF DOMESTIC VIOLENCE VICTIMS PURSUANT TO LAW NUMBER 23 OF 2004 根据2004年第23号法律保护家庭暴力受害者

HERMENEUTIKA : Jurnal Ilmu Hukum Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8369

Rachmat Ihya

引用次数: 0