Wajah Hukum最新文献

{"title":"Tinjauan Hukum Kerahasiaan Rekam Medis dalam Laporan Kesehatan Ibu dan Anak Berbasis Digital","authors":"Elizabet Catherine Jusuf, Ria Kumala., Adriano Adriano","doi":"10.33087/wjh.v7i1.1012","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1012","url":null,"abstract":"The study aims to explain about legal aspects of medical record data confidentiality in digitally based maternal and child health reports. Teh method of this study is normative legal research with a conceptual approach, then quantitative analysis of legal interpretation. This Study shows confidentiality of information about patients is addressed to all health workers, administrative personnel (not health workers) who have access, and students or students who are obtaining education in every health service facility, both data information stored manually and digitally. The dissemination of personal data without permission is a criminal act and violates the code of ethics. Maintaining the confidentiality of digital-based maternal and child health report data is an obligation for all health workers and administrative personnel who have access to or are involved in this activity and this is protected by the Law but it has not have the specific rule.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115957452","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":"Analisis Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012","authors":"J. Jumadi, I. Indrajaya","doi":"10.33087/wjh.v7i1.1181","DOIUrl":"https://doi.org/10.33087/wjh.v7i1.1181","url":null,"abstract":"The issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132488670","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":"Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia","authors":"Mona Wulandari, Saifullah Basri","doi":"10.33087/wjh.v6i2.1081","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.1081","url":null,"abstract":"After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115639954","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":"Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi","authors":"Lilies Anisah, Eni Suarti","doi":"10.33087/wjh.v6i2.1082","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.1082","url":null,"abstract":"The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK & PKPU provide legal protection to debtors in the midst of the covid-19 pandemic so they don't fall into bankruptcy through PKPU as stipulated in article 222 of the UUK & PKPU. The type of research used is normative legal research. The practice of paying debts through applications for postponement of debt payment obligations (PKPU) based on Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which starts from the procedure for submitting a PKPU application, temporary PKPU, publication of PKPU decisions, receipt of invoices, making a list of temporary receivables, implementation of the reconciliation meeting for the preparation of a list of permanent receivables, a discussion meeting on the reconciliation plan which includes restructuring of offers to creditors related to the reconciliation plan. The postponement of debt payment obligations (PKPU) is not enough to provide an opportunity for debtors with good intentions to carry on their business. Because the peace process is determined by the creditor, the UUK & PKPU require a reconciliation process with the approval of the creditor. The rules of Article 229 UUK & PKPU give full power to creditors, this causes debtors to depend on the decisions of creditors.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131627393","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":"Efektivitas Pemerintah dalam Mencegah Serta Mengurangi Anak Jalanan di Kota Batam","authors":"Edo Clarita Samad, Tantimin Tantimin","doi":"10.33087/wjh.v6i2.910","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.910","url":null,"abstract":"The purpose of this study is to determine the negative impact that occurs due to urbanization or the large number of migrants entering the city of Batam from various regions without having expertise. This will cause various social problems. The Batam city government has prepared a regional regulation for handling the poor and neglected children. By using Non Doctrinal Sociological Research Methods, which means using empirical data obtained through interviews and observations, this study aims to examine the regulation of street children, social effectiveness, and the efforts made by the Batam City government in overcoming the problems of street children. The results of the study explain that the effectiveness of local regulations is still lacking and even the Batam city government has not done anything about the substance of the problems of street children.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131153424","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":"Efektivitas Peraturan Perundang-Undangan Tentang Dana Desa Untuk Kemajuan Masyarakatnya","authors":"Indra Susanto, Ulya Kencana, Izomiddin Izomiddin","doi":"10.33087/wjh.v6i2.944","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.944","url":null,"abstract":"In the political policy of the village, there has been a systematic uniformity through the laws and regulations. The enactment of the Law on Villages was followed by other regulations. With the enactment of Law No. 6/2014 on Villages, it has given new hope to build more independent villages. For example, 70 percent of village funds are allocated for development, and no more than 30 percent of other operations. Village funds are used by the village government based on the mandate of the law to be effective. This is in accordance with the goals and plans that have been set at the village meeting. For this reason, a study of the effectiveness of the legislation on village funds is very important. Based on the problems above, this study analyzes the effectiveness of the legislation on village funds on funding governance in villages for the advancement of rural communities. The research method used is juridical. Data analysis is described. In conclusion, the legislation on village funds is no longer effective, because it does not show the level of success that has been set, and the results of its activities are not in accordance with its objectives. Although it has been arranged, it is not yet perfect.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114958042","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":"Penyelenggaraan Pelayanan Publik Selama Pandemi Covid-19 di Kota Batam","authors":"Abue Abue, Winsherly Tan","doi":"10.33087/wjh.v6i2.946","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.946","url":null,"abstract":"The implementation of public services during the Covid-19 pandemic in Batam City must continue to be carried out in accordance with applicable minimum service standards for the realization of community legal protection and certainty. The purpose of this study is to find out and examine how the implementation of public services in Batam City during the Covid-19 pandemic. The research method in this writing is empirical juridical with primary data types through observations, distributing questionnaires to 130 people and interviews with 3 (three) recipients of public services in Batam City and secondary data consisting of primary legal materials and secondary legal materials the results of the research show that the implementation of public services during the Covid-19 pandemic in Batam City is still not running effectively and efficiently, even though the government has tried to optimize online services to reduce the crowd, in the end, service recipients or the public still have to provide face-to-face services.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129665208","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":"Penyelesaian Tindak Pidana Penganiayaan di Wilayah Hukum Kepolisian Sektor Pasar Jambi (Studi LP No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi)","authors":"M. Hartono, Karina Karina","doi":"10.33087/wjh.v6i2.1069","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.1069","url":null,"abstract":"The act of persecution is a prohibited act and this is not justified according to the Criminal Code as regulated in Article 351 of the Criminal Code. Persecution is an act that is intended to cause pain or injury to another person, the perpetrator intends to cause pain or torture as a result of the act such as hitting, kicking, kicking, scratching and others. This study aims to obtain a more in-depth picture of the factors causing the occurrence of criminal acts of persecution that occurred in the jurisdiction of the Jambi market sector police department, Jambi City with Police Report Study No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi, efforts to resolve criminal acts and obstacles found in the process of resolving criminal acts of persecution. The method used in this study is an empirical research method with the type of case study research. The subjects in this study were 1 head of crime department, 1 investigator, 1 perpetrator, and 1 victim. Data collection methods in this study used interviews and observation. The conclusion in this thesis is that the persecution that occurred in the Jambi Market Police Sector Law was influenced by the factor that the perpetrator felt annoyed and angry with his girlfriend and his ego was too high, so that the perpetrator carried out the abuse. The process of resolving the persecution case in the Jambi Market Police Sector Legal Area is carried out through an investigation, by asking for information between the perpetrator and the victim, because this problem is a complaint offense, meaning that this case can be stopped and withdrawn by the reporting party and peaceful.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130541278","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":"Penegakan Hukum Oleh Kepolisian Resor Tanjung Jabung Barat terhadap Pelaku Tindak Pidana Penadahan","authors":"Retno Kusumawardani Wardani, Setly Selva Yuneida","doi":"10.33087/wjh.v6i2.1087","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.1087","url":null,"abstract":"Nowadays, there are many criminal acts committed by humans to achieve the desired goals, including committing criminal acts of holding goods resulting from criminal acts. The research method used in this study is empirical juridical so that it examines first related to the occurrence of criminal acts of detention in Tanjung Jabung Barat, then linked to the legal rules regarding detention, namely Article 480 of the Criminal Code (KUHP) is descriptive and the source is library research (liberty research) and field research (field research). In this study, the approach used is socio-legal research and the data analysis is qualitative analysis. The results of this study explain that law enforcement by the Tanjung Jabung Barat Resort Police against perpetrators of criminal acts of detention is not maximally carried out in accordance with the provisions/procedures of law enforcement officers, both at the level of investigation, prosecution and at the level of court judge decisions. Because it involves actors with a well-organized network. The obstacle faced is the provisions of Article 12 paragraph (2) of the Criminal Code which only regulates the general maximum law and the general minimum law which causes the judge's decision to be weak (depending on the judge only) so that the possibility of a sense of deterrence for the perpetrators of detention is very far away and due to factors it is difficult to find and identify places of detention, the detention is carried out because it has a hidden or hidden network and has a very neat cooperation, making it difficult to uncover and trace it and the efforts made to overcome the obstacles are to take strict action by law who is proven to have held detention, by seek to provide a more severe punishment, conduct raids in places/shops suspected of buying stolen goods, pawnshops and so on, approaches through religion, counseling in the field of law and so on.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126354720","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 Pembatasan Jumlah Pembuatan Akta Notaris dalam Perspektif Peraturan Jabatan Notaris","authors":"M. Pratiwi, Fauzi Syam, Syamyir Syamyir","doi":"10.33087/wjh.v6i2.817","DOIUrl":"https://doi.org/10.33087/wjh.v6i2.817","url":null,"abstract":"There is no regulation limiting the number of deeds made by a Notary in the perspective of the notary position regulation. What is the authority of the Central Honorary Council in imposing sanctions on a notary who issues a deed that exceeds the normal limit. This study uses a normative juridical method. The results of this study are that the making of a Notary deed is regulated in the provisions of Article 38 of the UUJN, and the provisions of making 20 (twenty) deeds per day according to the Regulation of the Honorary Council of the Indonesian Notary Association Number 1 of 2017 in ensuring the certainty of the date and time determined by the provisions The Law on Notary Positions is in compliance. If the notary violates this DKP regulation No. 1 of 2017 concerning the reasonable limit for making a notary deed per day, besides being subject to ethical sanctions for violating KEN regulations, notaries can also be subject to administrative sanctions for not complying with UUJN orders. Notaries who commit such violations can be the object of summons and examination from the Regional Honorary Council according to their level of authority, DKD has the right to summon and examine notaries who are indicated to have committed violations either based on reports or direct findings, DKD is also authorized to give direct sanctions or provide results of examinations to be carried out further examination to the Regional Honorary Council.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"368 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116056211","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}