{"title":"The Deviation Of Informed Consent Practices: Understanding The Inspanning Verbintenis And Legal Aspects","authors":"Anang Riyan Ramadianto","doi":"10.56444/jidh.v0i0.3462","DOIUrl":"https://doi.org/10.56444/jidh.v0i0.3462","url":null,"abstract":"This research has the main purpose to determine the legal protection of patients on the deviation of informed consent practices concerned in Inspanning Verbintenis and legal aspects. This article emphasizes normative juridical research with descriptive research specifications approach to understand the deviation that happened in medical field and the importance of Inspanning Verbintenis. This study used secondary data obtained from the literature and is described systematically from the Indonesian law, books, National and International journals, news, and previous research related to informed consent practices and the legal aspect. Previous research found that in specific cased a healthy patient, plastic surgery performed for aesthetic reasons is a Resultaat Verbintenis because it concentrates on the result in accordance with a certain arrangement made at the beginning between the doctor and the patient, namely the actual outcomes as anticipated. Hence, to avoid the deviation and missed conception, the Indonesian regulation system requires legal protection clearly. The planned consequence of the medical action may not be realized due to either Inspanning Verbintenis or Resultaat Verbintenis. Therefore, the goal of informed consent is to safeguard the patient against all medical procedures carried out without their knowledge.","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781064","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 Regulations in Legal Protection for Customers in the Event of Banking Liquidity Based on Justice","authors":"Sugiyanto Sugiyanto","doi":"10.56444/jidh.v0i0.4215","DOIUrl":"https://doi.org/10.56444/jidh.v0i0.4215","url":null,"abstract":"<p><em>In this research article, we will attempt to present discussions related to the analysis of bank liquidity regulations based on applicable laws and regulations, analyze to understand the legal protection of depositors/customers when a bank liquidation occurs, and analyze the reconstruction of legal protection for customers in bank liquidation based on the principle of justice. The research method employed in this study is a sociological or non-doctrinal approach, where the primary focus is on collecting primary data. To obtain the necessary data for this research, the author utilized a juridical-empirical legal research method. In empirical research, the emphasis is on the application of law in the real field (law in concreto). The research was conducted by initially examining secondary data, followed by primary data research conducted in the field or within the community. The results of the research indicate that customer protection related to bank liquidation has been anticipated by the banks themselves through implicit and explicit protections, both of which have been explained and regulated in banking law. Bank Indonesia has the authority to provide guidance and supervision to ensure the continuity of bank operations, and Bank Indonesia also determines provisions related to the health of banks by considering aspects such as investors, asset quality, management, liquidity, for example, regarding customer protection and the provision of credit to customers, which is guided and supervised, affecting the health and smooth operation of banks. Therefore, there is a need for a restructuring of legal customer protection regulations in bank liquidation based on the principle of justice. Every bank is obligated to guarantee the funds of the public deposited with the respective bank. The government needs to organize Law Number 10 of 1998 concerning Banking, particularly the protection of bank customers in the case of liquidation, to be emphasized in banking management.</em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781068","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":"Implications In Handing Gross Human Rights Violations In Paniai District","authors":"Sri Iin Hartini, Eren Arif Budiman","doi":"10.56444/jidh.v0i0.4231","DOIUrl":"https://doi.org/10.56444/jidh.v0i0.4231","url":null,"abstract":"The aim of this research is to evaluate the function of Komnas HAM in handling cases of human rights violations in Paniai Regency, as well as obstacles to handling human rights cases in Paniai Regency. This research uses empirical juridical research methods, namely methods or procedures used to answer research problems by first examining secondary data and then examining primary data in the field. The aim of the research is to collect field data through interview techniques and respond to the author's concerns regarding the handling of human rights violations in Paniai Regency, namely cases of shootings against civilians by armed officers from the TNI. Based on research findings, the difficulties faced by the Papua Province Representative Commission for National Human Rights in resolving cases of serious human rights violations in Paniai Regency are in terms of examining witnesses and victims who continue to be rejected, due to the lack of public trust. in law enforcement. Therefore, Komnas HAM needs to foster a sense of public trust.","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781067","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 Juridical Analysis of the Urgency of Ratifying the Draft Law on Asset Forfeiture in Indonesia","authors":"Christian Samuel Lodoe Haga, Netanya Aurora Siwy","doi":"10.56444/jidh.v0i0.4016","DOIUrl":"https://doi.org/10.56444/jidh.v0i0.4016","url":null,"abstract":"<p><em>This research has the purpose of providing a juridical analysis of the urgency of ratifying the asset confiscation law in Indonesia. This article emphasizes normative juridical research with a case study approach, statutory approach, as well as empirical approach to understand the asset confiscation draft law as norms that apply to society. The type of data analyzed in this article are mainly secondary data from the Indonesian law, books, news, previous research, and journals related to money crime and asset confiscation draft law. Previous research found that </em><em>Indonesia’s corruption Perception Index reached its lowest point of 34 out of 100 last year, indicating that corruption and money crime continue to occur even after a multitude of efforts to combat corrupt practices. Hence, the Indonesian law system requires an extraordinary effort to cope with this extraordinary crime, specifically through the asset confiscation law. Several indicators discovered from this research reveal the urgency of this law. The asset confiscation law would be a solution to the problems of economic crimes in Indonesia through its function as a social control to achieve legal objectives, namely justice.</em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781420","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}
Endeh Suhartini, Rahayu Nuraeni, Edy Santoso, Ani Yumarni
{"title":"Implementation of Law Enforcement for Business Crime Which is Performed by Illegal Foreign Work","authors":"Endeh Suhartini, Rahayu Nuraeni, Edy Santoso, Ani Yumarni","doi":"10.56444/jidh.v0i0.4328","DOIUrl":"https://doi.org/10.56444/jidh.v0i0.4328","url":null,"abstract":"The main purposes of this study are: 1) To find out and analyze the forms of business crimes committed by illegal Foreign Workers related to violations of Immigration laws. 2) To find out and analyze immigration law enforcement against illegal Foreign Workers who commit immigration violations. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data to the primary data.The results of this study are: 1) Business crimes committed by illegal foreign workers related to immigration violations, namely the implementation of the Asean Economic Community (AEC) and the introduction of a visa-free policy to encourage and enhance economic growth have an impact on the uncontrolled presence of illegal foreign workers in Indonesia where from the implementation of the AEC and the implementation of the visa-free policy many of the foreign citizens, especially from China who abuse the visa-free policy that should be used for travel but instead used to find work/conduct business activities in Indonesia. 2) Immigration law enforcement against illegal Foreign Workers who commit violations of immigration criminal acts can be prosecuted in two ways, namely the prosecution process in a court or pro justitia and administrative or immigration acts","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135781236","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":"Can Illegal Investments be Classified as Gambling? An Analysis","authors":"Suwinto Johan","doi":"10.56444/jidh.v7i2.2907","DOIUrl":"https://doi.org/10.56444/jidh.v7i2.2907","url":null,"abstract":"<p><em>Economic expansion has been accompanied by a tremendous increase in personal wealth in recent decades. As people’s wealth increases, so do their investment demands. The number of illegal investment cases is likewise rising quickly. Along with technological advancements, gambling has become more prevalent in addition to incidences of unlawful investment. Ponzi scheme-based online gaming is expanding quickly throughout society. The purpose of this study is to compare unlawful investment to gambling from a legal and economic standpoint. The normative juridical method is employed in this study. This study employs a secondary legal method and utilizes associated rules as secondary legal materials. The study’s findings suggest that unlawful investing and gambling have some similarities. Gambling and illegal ventures both provide high profits. Owners of funds run the risk of losing money through unlawful investments and gambling. Along with gaming, the legislature needs to control unlawful investment—enforcement of the law against illicit gamblers.</em><em></em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266595","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":"What is the Form of Protecting Customary Land in Indonesia? A Study of the History and Construction of Settings","authors":"Widyorini Indriasti Wardani","doi":"10.56444/jidh.v7i2.3739","DOIUrl":"https://doi.org/10.56444/jidh.v7i2.3739","url":null,"abstract":"<p><em>This article examines the legal protection for customary land rights based on forest law in Indonesia. The study of customary land is important because customary land is the communal ownership of land subject to customary law. Policies related to customary land rights are inseparable from regulations regarding forestry law because customary rights appear starting with the clearing of forests by customary law communities. Forestry management after Indonesia’s independence cannot be separated from government legal politics, especially related to forestry law in Indonesia. This writing departs from the question of how the history of the existence of customary land and how the protection of customary land in the regulation of forestry law in Indonesia. The writing of this article uses a normative juridical method, namely studying material using theory from literature books, including scientific writing in journals and material related to laws. Based on the hypothesis, forestry regulations in Indonesia have not provided legal protection for customary lands and have even eliminated the existence of customary land itself, which is the source of life for indigenous peoples. The lack of protection can cause conflicts between the government and indigenous peoples, one of the factors due to the government’s takeover of customary land ownership from indigenous peoples. With Government Regulation Number 23 of 2021 concerning the Management of Forest Areas, which also regulates customary forests as separate forest groups (not included in state forests), customary forests are recognized.</em><em></em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266589","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 Politics of Electronic Documents in State Finances As Legal Evidence","authors":"Rizky Dian Bareta, Triyono Triyono, Rahmat Rahmat","doi":"10.56444/jidh.v7i2.3362","DOIUrl":"https://doi.org/10.56444/jidh.v7i2.3362","url":null,"abstract":"<p><em>Disruption of digital technology as part of the industrial revolution 4.0 forces changes in human culture to keep up with the times, including in public institutions. Regulating the digitalization of state finances has risks, including electronic evidence in court that is very likely to occur, given that corruption in state finances is still rampant, requiring legal evidence in court. This research is normative research by examining the existence of regulations related to electronic documents in state finances and explaining how electronic documents are formed. In this study, it can be concluded that regulations regarding electronic evidence have been adequately accommodated, although there is still an asymmetry in the classification of electronic evidence itself. Regulations governing electronic documents in the field of state finances still refer to laws regarding electronic information and transactions. These regulations are considered complete, although, in several regulations in the field of state finance, adjustments are still required to support the use of electronic documents in state finances. Electronic signatures are divided into certified and uncertified signatures, but certified signatures make the presence of an ideal electronic document. This research can be used as input for policymakers in implementing electronic documents in state finance.</em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266599","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":"Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research","authors":"Afif Noor","doi":"10.56444/jidh.v7i2.3154","DOIUrl":"https://doi.org/10.56444/jidh.v7i2.3154","url":null,"abstract":"Legal research is a method used by legal experts to develop legal knowledge. Legal experts have different opinions in explaining the definition of legal science due to differences in opinion in placing legal science as part of social science related to how to apply the law in the practice of legal science is a sui generis science as a practical discipline that establishes standard procedures and guidelines for implementing legal regulations or applied research that has a prescriptive character. The difference in placing the science of science has given birth to the study or field of legal research into normative juridical research and empirical juridical research. Each of these fields has advantages and disadvantages. Therefore, to obtain a comprehensive legal review result, methodological integration is required through an approach called socio-legal research. Socio-legal research is not the same as empirical juridical research, both in the sociology of law and sociological jurisprudence. Socio-legal research is a combination of legal research and social studies of law. Socio-legal research has its objectives and scope, which do not merely look at the law in its empirical questions but also carry out critical academic analysis of the law.","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"11 Suppl 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266758","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":"Theoretical Study Of Legal Protection Of Song Royalty On Digital Platforms","authors":"Sahrul Sahrul, Yogabakti Adipradana Setiawan, Wahyu Wahyu","doi":"10.56444/jidh.v7i2.3333","DOIUrl":"https://doi.org/10.56444/jidh.v7i2.3333","url":null,"abstract":"<p><em>The purpose of this study is to solve problems related to legal arrangements regarding song royalties or music on digital platforms that are used commercially and the issue of violations of song royalties on digital platforms today. This type of research is normative legal research with primary legal materials covering the applicable laws and regulations and secondary legal materials, including law books, the internet, and journals related to the issues studied.</em> <em>This research is descriptive, while the research material is carried out qualitatively. This research results in a conclusion that the matter of collecting royalties for songs on the Digital Platform after the issuance of Government Regulation of the Republic of Indonesia Number 56 of 2021 concerning Management of Royalties for Copyright of Songs and/or Music only targets the form of public services but does not regulate strictly in the form of Digital services that are used commercially and Legal protection regarding royalties for songs or music in Digital Platforms that are used commercially is divided into 2 (two), namely: Legal protection in the form of protection of works and rights for songwriters in the form of economic rights and moral rights, legal protection in the form of criminal sanctions and civil sanctions in the form of compensation. The responsibility of Government must immediately make derivative regulations relating to the Management of Song Royalties in Digital Platforms that are used commercially to provide protection and legal certainty for those who have economic rights/song royalties, as well as the Directorate General of Intellectual Property (DJKI) to be able to complete the Song / Music Information System (SILM) song and music data center to optimize the withdrawal and distribution of royalties to songwriters or musicians.</em><em></em></p>","PeriodicalId":491544,"journal":{"name":"Jurnal ilmiah dunia hukum","volume":"344 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266759","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}