Unnes Law Journal最新文献

{"title":"The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic","authors":"Ahmad Siboy, Sholahuddin Al-Fatih","doi":"10.15294/ulj.v8i1.55354","DOIUrl":"https://doi.org/10.15294/ulj.v8i1.55354","url":null,"abstract":"The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42494557","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 Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement","authors":"R. Rusdianto, Diva Pitaloka","doi":"10.15294/ulj.v7i1.54017","DOIUrl":"https://doi.org/10.15294/ulj.v7i1.54017","url":null,"abstract":"In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43964071","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":"Financial Technology Company's Debt Collection Method: A Legal Aspect","authors":"Suwinto Johan","doi":"10.15294/ulj.v7i1.52173","DOIUrl":"https://doi.org/10.15294/ulj.v7i1.52173","url":null,"abstract":"Online loans are an alternative source of loans for the public. Online lending has grown rapidly. Financial technology companies are online loan providers. Financial technology companies use various ways to collect loans that are not paid by customers when they are due. One of the debt collection methods is to distribute photos and debt collection stories of the customer to the contacts in the customer's mobile number. This distribution has caused unrest for the people contacted either via messenger or via SMS. This research aims to discuss the pattern of debt collection by financial technology companies from a juridical viewpoint. This research uses the juridical normative method. This research concludes that data retrieval and data dissemination constitute a violation of personal data protection for customers and people who receive news and SMS. Retrieval of data without approval or contacting a loan with another party without prior knowledge has violated the personal domain of the data owner. The government needs to immediately issue regulations regarding the protection of personal data related to electronic transactions.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47334096","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":"Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies","authors":"Rahadyan Fajar Harris, Natalia Carolina Simanjuntak","doi":"10.15294/ulj.v7i1.54504","DOIUrl":"https://doi.org/10.15294/ulj.v7i1.54504","url":null,"abstract":"The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43012796","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 Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic","authors":"Sulaiman Rasyid, A. Prabandari, Bastian Chris Daren, Christopher Simanjuntak","doi":"10.15294/ulj.v7i1.53704","DOIUrl":"https://doi.org/10.15294/ulj.v7i1.53704","url":null,"abstract":"The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46516712","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":"Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement","authors":"Adi Wijayanto, Hatta Acarya Wiraraja, Siti Aminah Idris","doi":"10.15294/ulj.v7i1.52812","DOIUrl":"https://doi.org/10.15294/ulj.v7i1.52812","url":null,"abstract":"Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state.  other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45527184","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":"How Far is Consumer Protection in the Health Care Sector?","authors":"Cut Mayang Widya Nuryaasiinta","doi":"10.15294/ulj.v5i1.28132","DOIUrl":"https://doi.org/10.15294/ulj.v5i1.28132","url":null,"abstract":".............................................................. 48 Introduction .......................................................... 49 Method ............................................................... 54 Consumer Protection on Health Care Services (Case of Gunawan v RSCM Hospital) ...................................... 55 Responsibilities of Health Service Providers according to the Health Act ............................................................ 60 Conclusion ........................................................... 65 References ............................................................ 68 UNNES LAW JOURNAL 6(1) 2020 48 How Far is Consumer Protection in the Health Care Sector? Cut Mayang Widya Nuryaasiinta ABSTRACT. In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approach), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate. In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approach), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers wh","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"6 1","pages":"47-72"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48053667","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":"Health Facility Licensing Dispute","authors":"Delfina Gusman, Marryo Borry","doi":"10.15294/ulj.v5i2.27707","DOIUrl":"https://doi.org/10.15294/ulj.v5i2.27707","url":null,"abstract":"Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"6 1","pages":"97-118"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45761407","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":"Regional Revenue and Expenditures Budget Transparency in the Context of Regional Financial Law","authors":"E. Suryana","doi":"10.15294/ulj.v6i1.8230","DOIUrl":"https://doi.org/10.15294/ulj.v6i1.8230","url":null,"abstract":"This research aims to describe the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget and discover the forms, mechanisms and constraints in obtaining transparency of information on the use of the Semarang City Revenue and Expenditure Budget, this research uses a sociological juridical research type approach method, by using primary data and secondary data which are then analyzed using qualitative data analysis.The results of the study can be seen that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget already has internal regulations in the form of Mayor Regulation number 26 of 2012 and forms and mechanisms in accordance with Law number 14 of 2008 although internal and external obstacles are still found that result implementation is less than optimal so that it inhibits the realization of good governance (good governance). The conclusions from the results of the study show that the transparency of the use of the Semarang City Regional Revenue and Expenditure Budget is in accordance with Law number 14 of 2008 and already has forms and internal mechanisms, although in the implementation phase there are still obstacles both internally and externally.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"6 1","pages":"21-46"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48970500","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":"Policy on Reducing Child Labor as the Elimination of the Worst Forms of Child Labor","authors":"Errika Putri Anggriani","doi":"10.15294/ulj.v6i1.8222","DOIUrl":"https://doi.org/10.15294/ulj.v6i1.8222","url":null,"abstract":".............................................................. 2 Introduction .......................................................... 3 Method ............................................................... 7 Implementation Policy on Reducing Child Labor in the Context of Supporting the Family Hope Program (PPAPKH) as an Effort to Eliminate the Worst Forms of Child Labor (PBPTA) in Pemalang District ............................ 8 a. Preparation (Pre-Shelter) ....................................... 9 b. Implementation at Shelter ....................................... 11 c. Post Shelter ....................................................... 14 Obstacles in Implementation Policy on Reducing Child Labor in the Context of Supporting the Family Hope Program (PPA-PKH) as an Effort to Eliminate the Worst Forms of Child Labor (PBPTA) in Pemalang District ......... 15 a. Obstacles in Implementation In the implementation of PPA-PKH Policy as an Effort to Eliminate the Worst Forms of Child Labor (PBPTA) in Pemalang District ...... 15 b. Efforts to overcome Constraints in Implementation In the implementation of PPA-PKH Policy as an Effort to Eliminate the Worst Forms of Child Labor (PBPTA) in Pemalang District ................................................ 15 Conclusion ........................................................... 16 References ............................................................ 17 UNNES LAW JOURNAL 6(1) 2020 2 Policy on Reducing Child Labor as the Elimination of the Worst Forms of Child Labor Errika Putri Anggriani ABSTRACT. The issue of child labor is increasingly complex because many children are working at school age. Child labor is very vulnerable to exploitation, dangerous work, moral and psychological, and hampered access to education. So the government issued a policy of Reducing Child Labor in the Framework of Supporting the Family Hope Program (PPA-PKH) as an Effort to Eliminate the Worst Forms of Children (PBPTA) with the aim that children can be returned to the education unit and Pemalang Regency is one of the districts that runs the PPA program -PKH. Issues examined: (1)Implementation PPA-PKH Policy As PBPTA Efforts in Pemalang District (2) Constraints and efforts to overcome obstacles in the Implementation PPA-PKH policy as an effort for PBPTA in Pemalang Regency. This research uses a sociological juridical approach. Research result(1) Implementation PPA-PKH policy in Pemalang Regency has been running in accordance with the objectives, with the formation of shelters through 3 stages, namely pre shelters, shelters, and post shelters and received school recommendations (2) Efforts to overcome obstacles in implementation PPA-PKH policy in Pemalang Regency, which includes data on prospective beneficiaries, is only 10% valid, so the effort to do additional data. The obstacles of the shelter din's companion are their efforts to take a psychological approach and change the way of learning. Lack of coordination between rel","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"6 1","pages":"1-20"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41545840","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}