Justitia et Pax

THE JURIDICAL ANALYSIS OF LEGAL NORMS RELATED TO BPJS REFERRALS IN PUSKESMAS TO GOVERNMENT HOSPITALS

Adji Bhayu Kurniadi Kurniadi, Mohkhamad Khoirul Huda — Sun, 02 Jun 2024 00:00:00 +0700

The Regent's instructions to the Head of the Health Service in city M with letter number 445/ /402.102/2021 regarding BPJS Health Center patients if referred are directed to the Regional Government Hospital. This instruction creates a conflict between legal norms and applicable government regulations and Health BPJS regulations. Because it can have an impact on tiered referral services in hospitals. In the Regulation of the Minister of Health of the Republic of Indonesia Number 01 of 2012 it is explained that referrals are made in stages, according to medical needs starting from the first level of health services. Social health insurance is a right for residents regulated in RI Law No. 40 of 2004 and Regulation of the Minister of Health of the Republic of Indonesia Number 71 of 2013 concerning Health Services. State that follow-up referrals are individual health services that are specialist and sub-specialist. The purpose of this study is to analyze the impact that will occur if the implementation of the Regent's instructions regarding tiered referrals in City M is carried out. The research method used Normative Descriptive Analysis with a statutory regulation approach and analysis using secondary data in the form of Legal Materials with Literature Studies, so that it becomes clear how the correct position is between Government instructions and regulations and the applicable Health BPJS.

METODE PERUMUSAN TITEL PARTIJ ACTA DALAM AKTA NOTARIIL DITINJAU DARI KUHPERDATA DAN UNDANG-UNDANG JABATAN NOTARIS

I Gusti Nyoman Yonatan — Tue, 18 Jun 2024 00:00:00 +0700

The Civil Code regulates that types of agreements based on their contents are divided into unnamed agreements and named agreements. The form of an agreement which is written in the form of a notarial deed must be in accordance with the Law on the Position of Notaries. The Civil Code and the Law on Notary Positions do not regulate the method of formulating partij acta notarial titles, thus giving rise to legal uncertainty. The purpose of this research is to find out and examine the correct way to formulate partij acta title formulations and the legal consequences for the strength of the evidence of notarial deeds where the formulation of partij acta title formulations does not match the contents of the deed. This type of research is normative legal research with a conceptual approach and a case approach. The conclusion of this research shows that the way to prepare a partij acta title is by writing down the subject of the agreement, the object of the agreement, and/or the type of legal act being agreed upon, and the legal consequences for the evidentiary strength of a notarial deed where the formulation of the title does not match the content of the deed is that the strength of the proof is degraded to private deed. Apart from that, legal acts regulated in the deed may become void or null and void by law.

PENERAPAN JARINGAN SENSOR UNTUK MEMINIMALISIR KRIMINALITAS DI KABUPATEN KUBU RAYA: PERSPEKTIF HUKUM PIDANA

Agustinus Astono, Ya' Rakha Muyassar — Sat, 29 Jun 2024 00:00:00 +0700

This research is urgent to maintain public order and security in Kubu Raya Regency, one of the areas with the highest crime rate in West Kalimantan. According to Aipda Ade, Kasubbag Penmas Polres Kubu Raya, frequent crimes in 2023 include motorcycle theft, grand theft, and theft with violence. Therefore, effective measures are needed to overcome this recurring crime problem. The research problem formulated is why the application of sensor networks is needed to minimize crime in Kubu Raya Regency. This research uses a normative legal method with a statutory approach, analyzing community behavior and prevailing norms. Data were collected from primary and secondary legal materials, including laws and official documents from the Kubu Raya Regional Government and Kubu Raya District Police. The conclusion of this research is that sensor networks can detect suspicious movements or activities, such as the movement of unknown individuals or vehicles. With real-time information provided by sensor networks, security forces can respond to criminal activity quickly and appropriately. The application of sensor networks is an innovative and effective solution to overcome security problems in Kubu Raya Regency. This system is expected to reduce the crime rate and increase the sense of security and comfort for the community in their daily activities.

PEMBANGUNAN HUKUM PERLINDUNGAN KONSUMEN BERORIENTASI EKOSENTRISME TERKAIT AKTIVITAS GREENWASHING INDUSTRI AMDK

Heru Saputra Lumban Gaol, Wafia Silvi Dhesinta Rini — Sun, 30 Jun 2024 00:00:00 +0700

Based on a study in the Journal Nature, it is known that 86% of plastic waste in the ocean comes from Asian rivers. Indonesia was reported to be the second highest level country of waste production, producing more than 3 million metric tons of plastic waste every year. Generally, the waste comes from the industrial sector, especially Bottled Drinking Water (AMDK). Starting from collective concern about global environmental issues, comes behavior to encourage sustainable consumption and production. Nowadays, consumers are more inclined to choose eco-friendly products or services. Unfortunately, this consumer awareness is also accompanied by greenwashing conducted by business actors as biased information related to products. This greenwashing practice certainly contradicts consumers' basic rights as stipulated in Article 4 point 3 of the Consumer Protection Law regarding consumer right to get correct, clear, and honest information of goods and/or services. This research examined the framework for developing consumer protection laws that can protect consumers from the negative excesses of greenwashing in the AMDK industry. To analyze the problem, socio-legal research methods which use a legal and social science approach. The research results show that consumers already have environmental awareness of AMDK products and are also willing to buy ecolabel products even if the price is more expensive. To protect these interests, it is necessary to build an ecocentrism-oriented legal development framework that prioritizes the role of both parties in sustainable production and consumption behavior.

ASAS RES JUDICATA PRO VERITATE HABETUR DALAM PENINJAUAN KEMBALI TERHADAP PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM OLEH JAKSA PENUNTUT UMUM

Ngurah Ketut Widhi Aditya Pinatih — Sun, 30 Jun 2024 00:00:00 +0700

This paper discusses the implementation of the principle of res judicata pro veritate habetur in the review of acquittal by the Public Prosecutor which examines the procedural law in criminal justice in Indonesia. Judicial review is essentially an extraordinary legal remedy granted as the right of a convicted person or his heirs against a court decision that is considered unfair. However, in its implementation in Indonesia, there are several cases that are considered controversial. Djoko Tjandra (2009) and Hartono (2022) are victims of judicial review by public prosecutors who filed on the basis of authority granted by law, namely Article 263 paragraph (3) of the Criminal Procedure Code, Article 24 of the Judicial Power Act, and Article 30C of the Prosecutor's Office Act. This paper will further examine the application of the principle of res judicata pro veritate habetur in criminal justice to acquittals. The research method used is library research, which is research that uses library sources to obtain data for this research. By using a case approach method that examines legal norms or rules in legal practice related to the principle of res judicata pro veritate habetur with the aim of creating justice and certainty. From the results of the author's research conclude that exceptions to the principle of res judicata pro veritate habetur are only given to convicts or their heirs.

ANALISIS PENGATURAN SUBSTANSI KEWENANGAN ISTIMEWA DALAM PERATURAN DAERAH ISTIMEWA DAERAH ISTIMEWA YOGYAKARTA

Giovanni Battista Maheswara, Umbu Rauta, Lagasakti Parwati Margaretha — Mon, 01 Jul 2024 00:00:00 +0700

The Special Region of Yogyakarta is one of the provinces in Indonesia that has a privileged status so that it has a certain authority in running its government. This authority is affirmed in Article 7 paragraph (2) of the Law of the Republic of Indonesia Number 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta which includes matters such as procedures for filling out the positions, positions, duties, and authorities of the Governor and Deputy Governor; DIY Regional Government Institutions; Culture; Land; and Layout. These five powers are then directly implemented into the Special Regional Regulation. The problem of this research is how is the substance of the Special Authority of DIY which is regulated by the Perdais? And whether of the 5 kinds of special authority mentioned in Article 7 paragraph (2) of the Law of the Republic of Indonesia Number 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta there are only 5 Special Regional Regulation or can it be reduced to more than 5 Special Regional Regulation?. The research method that will be carried out is a normative study, namely research that focuses on positive legal norms and laws and regulations. The approach method used is the history of law; sociology of law and legal politics.

PENDEKATAN DUNIA KETIGA TERHADAP HUKUM INTERNASIONAL: PENGARUH INSTITUSI INTERNASIONAL TERHADAP KEBIJAKAN DI INDONESIA

I Putu Aditya Darma Putra — Mon, 01 Jul 2024 00:00:00 +0700

This article examines how international institutions, particularly the World Trade Organization (WTO), the International Monetary Fund (IMF), and the World Bank (WB), influence the economic policies of Indonesia, both through loans and rulings issued by these institutions. The analysis employs a Third World Approach to International Law, drawing upon interdisciplinary perspectives to conduct a socio-legal study. The findings reveal that international institutions play a significant role in shaping general principles of international economics and governing global economic relations to facilitate the accommodation of capital from developed countries. As a result, Third World countries, including Indonesia, are compelled to adopt the same laws without considering their level of development.