RechtsideePub Date : 2019-12-05DOI: 10.21070/rechtsidee.v6i1.72
Filosophia Putri Kemala Dewi
{"title":"Legal Protection for Doctor who Performs Medical Treatments that Lead Patient to Death","authors":"Filosophia Putri Kemala Dewi","doi":"10.21070/rechtsidee.v6i1.72","DOIUrl":"https://doi.org/10.21070/rechtsidee.v6i1.72","url":null,"abstract":"This research was carried out due to frequent accusations that doctors performed malpractice. Accusations of errors in medical treatment are often found in the field. The objectives of this research are to: 1) examine and analyze forms of legal protection for doctors/ dentists in providing medical services who carry out independent practices as well as those working in hospitals, 2) review and analyze legal liabilities of doctors/ dentists in carrying out medical profession that leads patients to death. This research applies statute and conceptual approaches that is equipped with a case approach. The analysis results of the research indicated that the State provides legal protection for a doctor/ dentist through Article 27 paragraph (1) of Law No. 36 of 2009 concerning Health, Article 50 point (a) Law No. 29 of 2004 concerning Medical Practice, Article 24 paragraph (1) Government Regulation No.32 of 1996 concerning Health Workers, and Article 57 points (a) Law No. 36 of 2014 concerning Health Workers. Moreover, besides the above positive laws, legal protection for doctors/ dentists who work in hospitals also applies Article 46 of Law No. 44 2009 about hospitals and respondeat superior doctrine.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42333517","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}
RechtsideePub Date : 2019-12-03DOI: 10.21070/jihr.2019.5.65
Khakberdiev Abdumurad
{"title":"Ensuring Confidentiality in the Detection and Investigation of the Crimes of Money Laundering","authors":"Khakberdiev Abdumurad","doi":"10.21070/jihr.2019.5.65","DOIUrl":"https://doi.org/10.21070/jihr.2019.5.65","url":null,"abstract":"This article analyzes tactics for combatting crimes related to money laundering based on international and national legislation as well as providing several recommendations on improving the system of combatting such crimes. Also, it determines, ensuring confidentiality in the detection and investigation of the crimes of money laundering. Finally, paper shows both outcomes and shortcomings of the points with some relevant examples.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47768533","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}
RechtsideePub Date : 2019-12-02DOI: 10.21070/jihr.v6i1.63
Franky Ariyady, Gufroni Gufroni
{"title":"The Role of Madrasah Anti Korupsi to Reach Indonesia Clean of Corruption","authors":"Franky Ariyady, Gufroni Gufroni","doi":"10.21070/jihr.v6i1.63","DOIUrl":"https://doi.org/10.21070/jihr.v6i1.63","url":null,"abstract":"Crruption virus, has become an epidemic, damages all the joints of our civilization. Based on the data Corruption Perception Index 2016, Indonesia won 37 points last year, improved by one point in 2015 which was recorded 36 points. But still, Indonesia is a corrupt country because it is still below the average of 43 points. Anti-corruption movements must continue to be massively duplicated, all elements of civil society must be part of the anti-corruption movement. The congregation movement against corruption through the Anti-Corruption Madrasa (MAK) is a genetics of the Muhammadiyah movement, since a century ago. From the results of the research, the fact revealed the fight against corruption and building an anti-corruption culture through MAK is a new interpretation of al-maun's theology in the second century of Muhammadiyah today. There are 2 big goals from MAK. First, fostering anti-corruption awareness starts with oneself (ibda bi nafsi). Second, together fighting against corruption by involving other anti-corruption civil society organizations.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43430662","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}
RechtsideePub Date : 2018-12-04DOI: 10.21070/jihr.v5i1.26
Sri Suatmiati, F. Rani
{"title":"The Completion of Terrorism According to the Indonesian Positive Law","authors":"Sri Suatmiati, F. Rani","doi":"10.21070/jihr.v5i1.26","DOIUrl":"https://doi.org/10.21070/jihr.v5i1.26","url":null,"abstract":"In positive law, completion of terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43838389","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}
RechtsideePub Date : 2018-12-03DOI: 10.21070/jihr.v5i1.24
Barameeboon Sangchan
{"title":"Increasing Referendum Participation in Accordance with the Philosophy of Samsen Resident’s in Thailand","authors":"Barameeboon Sangchan","doi":"10.21070/jihr.v5i1.24","DOIUrl":"https://doi.org/10.21070/jihr.v5i1.24","url":null,"abstract":"Following the referendum on the draft Constitution of the Kingdom of Thailand B.E. which was held on 7 August 2016, it revealed that most voters approved this draft constitution. Nevertheless, in this study of Samsen Community’s people who voted, they have their opinions about the political structure which are; Thailand is ready for the 2-party system, the qualification of the candidate should be graduated with a bachelor’s degree, and the head of the government should come from the party with a majority vote. Additionally, they disagree about the prime minister who comes from the senator’s nomination, and the senator should not have the authority of controlling the independent entity.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48003594","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}
RechtsideePub Date : 2018-06-05DOI: 10.21070/jihr.v4i2.43
A. Afriansyah
{"title":"For The Many, Not the Few: Case Analysis of Bukit Duri Forced Eviction in Jakarta","authors":"A. Afriansyah","doi":"10.21070/jihr.v4i2.43","DOIUrl":"https://doi.org/10.21070/jihr.v4i2.43","url":null,"abstract":"The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights allow states to conduct forced eviction as long as it is carried out within the given boundaries. This journal will comprehensively elaborate each standards given by the two international human rights covenants as well as the implementation of those standards in the cases of Human Rights Committee and Committee on Economic, Social and Cultural Rights. The standards will then be applied to analyze the case of forced eviction in Bukit Duri, South Jakarta, in the year of 2016. Based on the literature review and the interviews that have been conducted, it can be concluded that states can justify their action of forced eviction if it fulfills the standards of ‘lawful’ and ‘non-arbitrary’. The Bukit Duri forced eviction did not fulfill those standards.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46956880","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}
RechtsideePub Date : 2018-06-05DOI: 10.21070/jihr.2018.4.44
Yoga Sugama Ali Fhatnur
{"title":"Online-Based Transportation: Is It Legal?","authors":"Yoga Sugama Ali Fhatnur","doi":"10.21070/jihr.2018.4.44","DOIUrl":"https://doi.org/10.21070/jihr.2018.4.44","url":null,"abstract":"This study aims to observe the legality of online-based transportation in Indonesia. As a law-abiding State, all the activities of the nation and the state shall be based on the regulation of law. However, on the other hand, the type of online-based transportation has potential to develop problems and also to trigger the pros and cons that exist in the community.This cons consider that the type of online-based transportation is illegal because it is not in accordance with the provisions of the applicable Law on Road, Traffic and Transportation, which states that business licensesare required for companies to have legal status. This is because the process of conducting conveyance consists series of actions to carry passengers, such as collecting fees which must be supported by a business license and a definite operating license. To be able to carry out transportation activities, the legal entity concerned must have an approbate business license.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49647026","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}
RechtsideePub Date : 2018-06-05DOI: 10.21070/jihr.v4i2.18
Rilda Murniati, Richmond Cosmas Tobias
{"title":"Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan","authors":"Rilda Murniati, Richmond Cosmas Tobias","doi":"10.21070/jihr.v4i2.18","DOIUrl":"https://doi.org/10.21070/jihr.v4i2.18","url":null,"abstract":"The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48025049","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":"Applying The Principle of Insurance on The Credit Life Insurance in The Consumer Lending","authors":"Prawitra Thalib, Hilda Yunita Sabrie, Faizal Kurniawan","doi":"10.21070/JIHR.V4I1.661","DOIUrl":"https://doi.org/10.21070/JIHR.V4I1.661","url":null,"abstract":"The specific task of the commercial banks are as follows: the bank must distribute most of the credit for developing the activities of the cooperatives and entrepreneurs economically weak or small entrepreneurs, the public banking that provides credit in foreign currency required to distribute some the foreign currency credit to finance the activities of non-oil exports and required to perform an assessment of the fulfillment the terms of the feasibility of the debtor's business. In carrying out its functions, the bank must still run banking principles contained in the articles contained in the Banking Act. It is often in distribute the credit, the bank requires the third party, such as the insurance companies. The purpose of insurance companies is to minimize the risks that may be experienced by the bank as debtors failed to pay. The bank is very concerned with their insurance company. There are various types of loans that cannot be separated by the insurance, this study focuses on consumer credit in PT. Bank Jatim. In practice, especially consumer credit lending cannot be separated from the role of the insurance companies. But in operating the bussiness, the insurance companies should also continue to apply the principles of general insurance. The application of the insurance principle is intended that no aggrieved parties. Generally speaking, there will be a conflict of interest between the application of the principles of insurance carried by the insurance company as an insurer with the business aspect of the field of insurance and banking. ","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48885430","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}
RechtsideePub Date : 2017-07-29DOI: 10.21070/JIHR.V4I1.843
Burhanuddin Susamto, T. Luth, Masruchin Ruba’i, Jazim Hamidi
{"title":"The Codification of Syar'i Norms in The Compilation of Sharia Economic Law","authors":"Burhanuddin Susamto, T. Luth, Masruchin Ruba’i, Jazim Hamidi","doi":"10.21070/JIHR.V4I1.843","DOIUrl":"https://doi.org/10.21070/JIHR.V4I1.843","url":null,"abstract":"\u0000It is a fact that The Compilation of Sharia Economic Law (CSEL) was arrangedfor a guiding of sharia principle in the settlement of Islamic economic disputes. As a guiding of sharia principle, ideally CSEL norms should contain the values of sharia as desired by God.The purpose of this article is to ascertain the level validity of CSEL norms when viewed from a sharia perspective. To achieve the intended purpose, the author used normative legal research and use the approach of theory fiqhmu’âmalâh iqtishâdiyah and fatwâ of DSN-MUI. From the analysis we know that CSEL norms has not legitimized the Islamic sharia as a fundamental principle formally, so consequently the existence of the norm seems to replace God's verses. Of the total norms in CSEL, there are 98.48% norms which has contained the shar'î values, while approximately 1.52% is still found problematic normsso they needs to be revised. \u0000","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44805192","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}