UNTAG Law Review最新文献

{"title":"POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINALACTION AFTER THE APPLICATION OF LAW NO 19 OF 2016","authors":"Muh. Hambali","doi":"10.36356/ulrev.v3i1.1062","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1062","url":null,"abstract":"This paper aims to analyze the policy model of the use of electronic documents as evidence in criminal acts based on Law No. 19 of 2016. The development of information technology has significantly transformed the conventional socialization system into a digital system. This affects the emergence of new legal actions in a community. The form of the new legal action needs to be adjusted and harmonized with existing legislation, such as the use of electronic documents as evidence that will be used as a means of verification in court. Based on the analysis it was revealed that Law No. 19 of 2016 as a legal umbrella for regulating criminal acts in cyberspace is still experiencing many obstacles, therefore it must be harmonized with the relevant criminal law because if it is different then it will cause legal imbalance so that it will increasingly make it difficult for law enforcers to enforce the law.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131136817","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":"TOWARDS HARMONIZATION FROM DISPUTE RELATIONSHIP BETWEEN WORKERS AND ENTERPRISES THROUGH CASE INSPECTIONS IN THE FAST INDUSTRIAL RELATIONSHIP, FAIR AND CHEAP","authors":"Hono Sejati","doi":"10.36356/ulrev.v2i1.721","DOIUrl":"https://doi.org/10.36356/ulrev.v2i1.721","url":null,"abstract":"The problems studied in this research are (1) Why is the examination of PHI case not yet fast, fair and cheap? (2) What are the obstacles in the examination of cases in the IRC that have not been fast, fair and cheap? (3) How is the examination of the case in PHI based on the value of fast, fair and cheap? The research method used sociological juridical approach. Technique of collecting data by interview, observation, and documentation. The results of the study concluded (1) The examination of the case in the IRC has not been fast, fair and cheap due mainly to differences in perception of Lawmakers with the parties. (2) Obstacles to the examination of a PHI case are: filing a lawsuit, longer invitation because the defendant's residence is outside the legal area of the IRC, the defendant has died, the company is not operational, the lack of control of the union administrator, (3) in PHI based on the value of fast, fair and cheap is by consensus consensus","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"225 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129006842","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":"THE MODEL OF OUTSOURCING WORK RELATIONSHIP IN GLOBALIZATION ERA OF LABOR MARKET BASED ON PANCASILA","authors":"M. Mashari","doi":"10.36356/ULREV.V2I1.725","DOIUrl":"https://doi.org/10.36356/ULREV.V2I1.725","url":null,"abstract":"The outsourcing relationship model in the globalization of the labor market based on Pancasila is still reaping controversy among workers and employers. The issue of outsourcing employment relationships in the globalization era of the labor market is a common need among workers, employers and governments. In the implementation of this outsourced employment relationships lead to inconsistency in the element of the employment relationship itself, because workers get orders from employers, whereas employment agreements are made between workers and the Worker Service Company. This inconsistency leads to industrial disputes between outsourced workers and employers. The concept of outsourcing work relations in the era of labor market globalization is a product of liberalism adopted by the Indonesian people when entrepreneurs feel overwhelmed by high labor costs and obliges to provide severance pay, rewards of employment and compensation as regulated in Law Number 13 2003. The implementation of work relations between workers, employers and the government must be in accordance with the souls contained in the precepts of Pancasila, meaning that all forms of behavior of all subjects involved in the process must be based on the noble values of Pancasila as a whole. Outsourcing employment relationship model in the era of labor market globalization based on Pancasila has not run as expected, there are still many problems in the unfinished work of outsourcing industry. The outsourcing work relationship based on Pancasila should make employers and workers no longer across but have the same goal to achieve profit.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123504872","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":"DEFENSIVE MEDICINE AS A RESULT OF MEDICAL NEGLIGENCE : A BRIEF OVERVIEW","authors":"Rozlinda Mohamed Fadzil, Asma Hakimah Ab Halim, Ain Alya Ariffin","doi":"10.36356/ULREV.V2I1.724","DOIUrl":"https://doi.org/10.36356/ULREV.V2I1.724","url":null,"abstract":"Medical negligence is a topic in tort law which has been widely discussed as good, affordable healthcare, is greatly related to a nation’s proof of its valiant efforts to attain a developed nation from a developing status by providing state of the art health care available and affordable, to all levels of society. As a penalty in medical negligence, damages are met out to punish errant members of the medical fraternity by way of legal judgements in a court of law. In some circumstances members of the medical fraternity may also have their medical licenses suspended or revoked. Annually, medical negligence’s claim rates are inherently high and are expected to rise in tandem with patients’ awareness of their medical rights. Complication arises when the plaintiff in a medical negligence law suit face difficulties in trying to prove that the negligence really did occur. In obtaining access to medical records after a purported civil malpractice accusation, obstruction of justice is rife. They arise when blurred lines cross between obligation of doctor-patient confidentiality and the need to disclose patient’s medical records in order to securely obtain accurate sworn testimony of other medical practitioners. It is on the shoulders of the plaintiff, which in most medical malpractice law suits, rests on the patient (patients to the defendant doctors), to prove on a balance of probabilities that the breach of the duty of care did occur and from that breach, negligence had emerged, bringing about the claimed harm resulting in inherent damages suffered. High cost of litigation is also a common effect in medical malpractice law suits. This inevitably raises the insurance premium costs of all medical professionals, in general. These factors serve as impediments towards the plaintiff in obtaining justice. Hence, this paper will try to analyse the causes that has led to some of these problems. Also what will be the undesired effect caused by the difficulties in trying to prove that a medical malpractice has indeed occurred? The initial hypothesis to the matter is that it will cause negative effects to the livelihood of a patient’s life and seriously hider access to medical care. This paper will however only be focusing on one popular but ill-favouredeffect that is greatly deliberated on when medical negligence is discussed, which is defensive medicine. Defensive medicine is actually a reaction culminating from the fear of medical malpractice lawsuits by medical practitioners. Fear of facing or being taken action upon, has caused them to take necessary safe steps which is to practice defensive medicine to avoid such risk.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127611402","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":"RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE","authors":"I. Wibawa","doi":"10.36356/ulrev.v2i1.718","DOIUrl":"https://doi.org/10.36356/ulrev.v2i1.718","url":null,"abstract":"<span>The legality principle is an important principle in the enforcement of penal law </span><span lang=\"IN\">in addition to</span><span> the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP)</span><span lang=\"IN\"> than the other principle that is culpability principle. </span><span>So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as </span><span lang=\"IN\">“</span><span>lex scripta</span><span lang=\"IN\">”</span><span>, </span><span lang=\"IN\">“</span><span>lex stricta</span><span lang=\"IN\">”</span><span> and </span><span lang=\"IN\">“</span><span>lex certa</span><span lang=\"IN\">”</span><span> and </span><span lang=\"IN\">also the unformulated </span><span>culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but </span><span lang=\"IN\">materially by regarding </span><span>the living la</span><span lang=\"IN\">w</span><span> referred to Pancasila as </span><span lang=\"IN\">a </span><span>ground</span><span>norm and constitution of the UUD 1945, the legality principle is not interpreted </span><span lang=\"IN\">as a</span><span> certainty of law </span><span lang=\"IN\">but </span><span>interpreted as the principle of legal certainty. The law is not</span><span lang=\"IN\"> only</span><span> interpreted </span><span lang=\"IN\">as</span><span> a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice</span><span lang=\"IN\">.</span><span>In law enforcement </span><span lang=\"IN\">“</span><span>in abstracto</span><span lang=\"IN\">”</span><span> implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38</span><span lang=\"IN\">)</span><span>. Based </span><span lang=\"IN\">“</span><span>in abstracto</span><span lang=\"IN\">”</span><span> law enforcement is expected to be implemented </span><span lang=\"IN\">“</span><span>in inconcreto</span><span lang=\"IN\">” </span><span>law enforcement so as to realize court decision in accordance with the sense of community justice.</span>","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124605251","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":"SPATIAL POLICY DILEMMA: ENVIRONMENTAL SUSTAINABILITY AND ECONOMIC GROWTH","authors":"H. Budiman, Eman Suparman, Anis Mashdurohatun.","doi":"10.36356/ULREV.V2I1.717","DOIUrl":"https://doi.org/10.36356/ULREV.V2I1.717","url":null,"abstract":"The regulation of spatial planning aims to meet the demands of the built-area and preserve the environment for sustainable urban development. Yet, the implementation of spatial planning for welfare and environmental sustainability faces various problems such as conflicts between sectors and regions. Similarly, the efforts to improve welfare through economic growth lead to land conversion that has an impact on environmental demage and land conflicts. The purpose of this study is to analyzethe factors inhibiting local governments in implementing the spatial planning. This research belongs to qualitative research with Socio Legal approach. The informants and respondents were chosen by applying purposive sampling technique, while the data validation used triangulation. The results showed that local governments have difficulties in implementing environmental-based spatial planning as well as increasing economic growth, especially for regions with small local revenues. Limited resources, inconsistenct policy, and weak regulation arrangements have become inhibiting factors in meeting the demands of environmental-based spatial planning and increasing economic growth. Therefore, commitment from local government is needed to solve the problem by increasing the capacity of government apparatus, enforcing the rules, and reconstructing the fair and prosperous spatial policy.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132024831","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":"LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OVER TRADITIONAL KNOWLEDGE ACQUISITION AGAINST ECONOMIC BENEFITS","authors":"Karlina Sofyarto","doi":"10.36356/ulrev.v2i1.719","DOIUrl":"https://doi.org/10.36356/ulrev.v2i1.719","url":null,"abstract":"Traditional knowledge is the result of innovation and creation of human beings both in terms of knowledge, art, and literature. Traditional knowledge can be utilized economically for the betterment and prosperity of society. The research method used is descriptive analytical with Juridical normative specification. Indonesia's Efforts in protecting intellectual property on traditional knowledge in Indonesia is the Indonesian government is preparing the Draft Law on Traditional Knowledge and Traditional Cultural Expression. Other Efforts that can be done is through the way of inventory or documentation of traditional knowledge in a region and can be done by publishing the traditional knowledge as Widely as possible. The underlying factors of traditional knowledge have not been optimally utilized as economic resources namely the lack of public knowledge about the protection of traditional knowledge and the cost of producing intellectual property is high enough","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128061683","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":"CRIMINAL POLICIES BASED ON RELIGIOUS VALUES IN TACKLING CYBER ADULTERY","authors":"Any Ismayawati","doi":"10.36356/ULREV.V2I1.722","DOIUrl":"https://doi.org/10.36356/ULREV.V2I1.722","url":null,"abstract":"Research on crime-based policies of religious values in tackling cyber adultery aims to determine whether cyber adultery can be used as criminal tyindak as well as to know what basis can be used to criminalize cyber adultery. For this research to achieve the desired result, this research uses qualitative research tradition, with constructivism paradigm, with socio legal approach and data analysis using hermeneutic approach method, phenomenology, comparison and policy. The results show that cyber adultery has become a very disturbing problem for society, because the impact of adultery causes disharmony of household, divorce and even moral degradation of the nation. Cyber adultery poses various problems in society, but there is no rule / law that specifically prohibits cyber adultery so difficult to overcome. Based on the results of the research can be concluded that cyber adultery can be made criminal act because it is not in accordance with the collective values embraced by the Indonesian nation and Causes losses matriil and morale for the nation of Indonesia. The foundation that can be used to make cyber adultery as a crime is the religious values that exist in Indonesia","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133287432","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}