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Made Raditya Mahardika

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

, Currently medical tourism or commonly known as health tourism is becoming a trend in the world of tourism. The regulations regarding medical tourism in Indonesia were regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 76 of 2015 concerning Medical Tourism Services. The purpose of this paper is to examine the opportunities and challenges of medical tourism from an Indonesian legal perspective. The method for achieving this goal was normative legal research method. The results of the analysis showed that opportunities for medical tourism in the perspective of Indonesian law, namely Indonesian health regulations do not affect medical tourism behavior through health needs, external environment: government regulations on health tourism and health tourism agents, the implementation of medical tourism hospitals in Indonesia has not run optimally, PMK Number 76 of 2015 regarding Medical Tourism Services as a legal umbrella providing opportunities for medical tourism, plans to develop medical tourism in Indonesia are contained in Law No. 07 of 2017, and Pp No. 02 of 2015, simplification of medical tourism regulations (Perkonsil) No. 92 of 2021, PMK No. 67 of 2013, the medical tourism policy has been updated to empower medical tourism: KP No. 31 of 1998, Law No. 32 of 2004, PMK of the Republic of Indonesia Number 317/MENKES/PER/III/2010. The challenges of medical tourism from an Indonesian legal perspective: no legal accreditation framework and guidelines for emergency clinics, foreign investors must be aware that Indonesia has a series of regulations and restrictions relating to its health industry, the challenges of medical tourism in Indonesia also arise from reflecting on the perspective of state law neighbors, malpractice law in developing countries is weak, in Indonesia developments in the field of law are still not seen as a medium to change the order of people’s lives, medical tourism has cross-border litigation challenges. The health omnibus law as a national legal policy with the hope of achieving the goal of increasing the public health hierarchy in Indonesia was a challenge as well as the best opportunity in the future.  

Raga Bahira Albantani; Tajul Arifin

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Motorcycle storage without collateral is a service increasingly popular in dense urban communities. However, it raises various legal questions regarding the responsibilities and risks involved, both for service providers and motorcycle owners. In this study, we analyze the motorcycle storage service without collateral from the perspectives of Islamic law and civil law. From the perspective of Islamic law, the sayings of Prophet Muhammad emphasize the importance of maintaining trust in every transaction, while civil law provides a structured framework through Article 1714 of the Indonesian Civil Code. Although there are differences in approach between these perspectives, there are also important points of convergence regarding the maintenance of trust and justice in every transaction. The implication of this analysis is the importance of understanding and respecting legal principles, both from the perspective of Islamic law and civil law, in providing and using motorcycle storage services without collateral.

Sriyanti; Edi Pranoto

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The Covid-19 pandemic has had quite a big impact on human life, including in the fields of education, economy, culture and society. Unplanned presence forces the community to adapt to existing changes. Starting from the largest unit, namely the country, down to the smallest unit, namely the family, there are problems being faced due to the Covid-19 pandemic. One of the phenomena that occurred was the increase in Domestic Violence (KDRT), which doubled the number from previous years. Even though the law on the elimination of domestic violence has been formed to address the problem of domestic violence. This research aims to describe the phenomenon of increasing domestic violence during the Covid-19 pandemic from a socio-legal perspective. The research method is qualitative with a literature study approach. Research results show that the increase in cases of domestic violence during the Covid-19 pandemic was caused by large-scale social restrictions, often abbreviated as PSBB, which required victims, namely women or wives, to remain with the perpetrators of violence, namely men or husbands. Economic problems are one of the factors that can give rise to conflict between husband and wife which leads to violence, differences, culture, infidelity, etc. Forms of domestic violence include physical, economic, psychological violence and household neglect. The conclusion from the research is that the Law on the Elimination of Domestic Violence cannot truly eradicate domestic violence because victims often do not report it to the authorities due to the strong patriarchal culture.    

Muhammad Satria Akbar; Tajul Arifin

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

, This research presents opinions on the theme of fraud in buying and selling based on an Islamic perspective and Indonesian positive law, with a focus on Article 493 of the Criminal Code (KUHP). In the Islamic context, honesty and fairness in buying and selling transactions are highly emphasized as an integral part of religious values. On the other hand, Article 493 of the Criminal Code regulates criminal acts of fraud in buying and selling transactions in Indonesia, providing a legal basis for handling cases of fraud in trading activities. A comparative analysis between Islamic views and Indonesian positive law towards fraud in buying and selling reveals similarities and differences in approach and implementation. The implications of these two perspectives are also discussed in the context of legal practice in society.  

Aji Nugraha; Tajul Arifin

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research elucidates the relationship between adultery (zina), Article 284 of the Criminal Code (KUHP), Islamic law, and the teachings of Hadith. Adultery, as a sexual act outside of lawful marriage, is deemed a serious transgression against moral and ethical values within society. Article 284 of the KUHP reinforces the prohibition of adultery and provides a legal framework for its enforcement. Conversely, Islamic law and Hadith teachings offer a strong moral and spiritual perspective on adultery, affirming its strict prohibition and serious consequences for perpetrators. This study also discusses practical measures to avoid adultery and the importance of a holistic approach in addressing this issue within society

Dules Ery Pratama Hrp; Yakobus Ndona

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Philosophical study of social justice from Plato's thought Throughout the history of philosophy, the topic of justice has been a very important topic. Theoretical thinkers such as utilitarianism, intuitionism, eudaimonism, perfectionism, liberalism, communitarianism, and socialism have discussed this topic. The core of political research from the time of Plato to the present is justice. Questions of fairness cannot be determined by the standards used to determine whether something is fair. Different versions of answers regarding the meaning of justice are often considered unsatisfactory, so they cannot be separated from the debate which ultimately constructs the meaning of justice itself, even into a relative formulation. This problem ultimately encouraged many groups to take an alternative path by returning the meaning of justice to those who set the laws and regulations and to judges who will develop their own considerations. This article will discuss the concept of justice from the perspective of Pre-Christian philosophers, especially Plato. Philosophically, there are two ways of expressing justice: First, the view that justice means harmony between the implementation of rights and the implementation of obligations according to the "balance of law" clause, namely "the scope of rights and obligations". The view of legal experts basically holds that justice is harmony between legal certainty and legal comparability. There are even those who argue that law must be combined with justice for it to truly have legal meaning. This is related to the answer that law is part of human efforts to create ethical coexistence in the world. Only through a just legal system can society live peacefully towards happiness, because the essence of law is to create fair rules in society.                                                                                                                     

mayang, Dewi; Arifin, Tajul

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research will discuss the legal analysis of article 338 of the Criminal Code relating to murder, as well as the legal perspective provided by the hadith from Samurah Radhiyallahu'anhu. Article 338 of the Criminal Code is a criminal law provision in Indonesia which regulates murder. In this context, an analysis will be carried out on the legal implications of the article, both in its application and interpretation. Apart from that, this abstract will also discuss the perspective of Islamic law regarding murder based on hadith from Samurah Radhiyallahu'anhu. Hadith is the second source of law in Islam after the Koran and is often a guide in interpreting various legal issues. By analyzing this hadith, we will consider how Islamic law views the act of murder and the factors that influence it. Through this approach, this abstract will present a comprehensive understanding of murder in the context of Indonesian positive law and Islamic law. By considering legal perspectives from these two different sources, it is hoped that we can provide a broader and deeper view of the issue of murder in the legal realm..

Rizki Tirta Ramadhan; Tajul Arifin

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This abstract discusses the role of Abu Hurairah's hadith in the context of handling bullying, as well as the relevance of Article 76c of 2014 in modern legal efforts. This research aims to explore the Islamic understanding of hurtful behavior and the way modern law deals with similar cases. Through a text and literature analysis approach, this study dissects Abu Hurairah's views on abusive treatment and its implications in society. Furthermore, legal analysis on Article 76c of 2014 is explored to understand the legal response to bullying. The results demonstrate the complexity of blending religious views with modern law in addressing rapidly changing social issues. The suggestions from this study highlight the need for inter-religious exchange and intrigue in defining successful arrangements in addressing the issue of oppression, incorporating instructive, legal, and social viewpoints.

Maharani, Siti; Arifin, Tajul

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Extramarital affairs are becoming an increasingly prevalent social phenomenon in the modern era. This research aims to examine the understanding and definition of extramarital affairs in Islam, the concept of extramarital affairs based on Hadith Abu Dawood No. 1692, the sanctions and punishments for the perpetrators, preventive measures for extramarital affairs from an Islamic legal perspective, and its correlation with the provisions of adultery in the Criminal Code of Indonesia (KUHP) Article 284. A qualitative method with a text and content analysis approach is used to conduct this research, as well as a literature study. The research results show that extramarital affairs in Islam are categorized as a major sin that has the potential to damage the harmony of families and society. Hadith Abu Dawood No. 1692 emphasizes the prohibition of extramarital affairs and provides an overview of the sanctions for the perpetrators. Preventive measures for extramarital affairs in Islam include fostering faith and morality, strengthening families, and providing sexual education. The Criminal Code of Indonesia (KUHP) Article 284 regulates adultery with criminal sanctions, but its relevance as a sanction for perpetrators of extramarital affairs still needs to be studied further. This research concludes that Islamic law plays an important role in preventing and addressing extramarital affairs, and its integration with positive law needs to be considered to realize justice and the common good.

Sabila, Kanisa; Arifin, Tajul

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study explores the Islamic legal perspectives on online trading of defective goods, considering hadiths, laws, and comparisons with positive law, in the context of the increasing electronic commerce in the modern world. Findings highlight the seller's obligation to transparency and responsibility for defective goods, as well as the rights of buyers, providing a basis for practical recommendations including enhancing information transparency, forming policy based on Sharia principles, educating business operators and consumers, developing dispute resolution mechanisms in accordance with Islamic law, and implementing technology to improve transparency and compliance. Thus, it is hoped that consumer protection in the context of online trading can be enhanced in line with the moral and ethical principles of Islam, which in turn will support the sustainable development of electronic commerce

Jhon Jeffri Simarmata; Tardip Panggabean; M.Wira Utama

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for children who are victims of domestic abuse is an issue that requires serious attention in the legal system. Children who experience abuse in the domestic environment are vulnerable to long-term physical, psychological and emotional impacts. This article discusses legal protection efforts that can be taken to protect children who are victims of domestic abuse. This research explores the international and national legal framework that regulates children's rights and their protection, and focuses on legal instruments that can be used to address this problem. Through a normative legal analysis approach, this article outlines various steps that can be taken by relevant institutions and authorities to ensure strong protection for children who are victims of domestic abuse. Some of the recommended steps include increasing public awareness regarding children's rights, strengthening cooperation between child protection agencies, the police, and the justice system, as well as expanding the definition and enforcement of laws related to domestic abuse. This article also reviews challenges that may arise in the implementation of legal protection efforts, including underreporting of cases, stigmatization, and imbalances in access to justice. Therefore, integrating a multidisciplinary approach and providing psychosocial support to child victims is also an important focus in overcoming this problem. By integrating legal, social and psychological perspectives, this paper concludes that legal protection for children who are victims of domestic abuse requires a comprehensive approach involving various stakeholders. Only through concerted efforts to strengthen the legal framework and its implementation, and ensure equitable access to justice, can children be effectively protected from the impacts of abuse in the domestic context.

Salsabila Oktaria Miraj; Annisa Marsya Nabila; Azka Rinjani; Farrel Augusto Pandelaki; Yunita Sari +2 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Restitution for child victims of serious criminal abuse is a human right guaranteed under the legislation. Indonesia Child Protection Law explicitly contains provisions regarding special protection for children who are victims of physical violence, established through several measures such as treatment and rehabilitation, psychosocial assistance as well as providing protection and assistance in every judicial process. In line with that, the victimology perspective developed in Indonesia's criminal law system also recognizes the vulnerable position of victims in the law enforcement process, thus requiring further action in the form of restitution for criminal victimization. However, in its implementation, inconsistencies in law application by law enforcers and societal factors often hinder the fulfillment of holistic restitution, which creates injustice for child victims whose rights are only partially fulfilled. Therefore, this research aims to examine the fulfillment of restitution for child victims of serious criminal abuse through the victimology perspective. This study employs a normative juridical methodology with a statutory approach and study case on South Jakarta District Court Decision number 297/Pid.B/2023/PN Jkt.Sel.. The data used in this study is secondary data and analyzed descriptively to provide a concise overview following the progressivity of children's rights protection who are victims of serious criminal abuse under Indonesian law. The findings of this study convey that the implementation of legal protection for child victims of serious criminal offense in South Jakarta District Court Decision number 297/Pid.B/2023/PN Jkt.Sel. by law enforcers has not been fully maximized and complies with the related laws as the main legal basis for the fulfillment of the right to restitution.

Misnawati Misnawati; Any Noegroho; Sumiati Sumiati; Anwarsani Anwarsani; Nabila Salwa +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Education is a basic right of every individual and has a crucial role in the development of human resources. However, the cost of higher education is often an obstacle for many families, especially in developing countries like Indonesia. This research examines the high cost of higher education from an Islamic legal perspective, highlighting how the Koran offers a solution to this problem. A qualitative approach with literature studies is used to understand the views of Islamic law and Al-Quran solutions regarding higher education costs. The Koran teaches the importance of education and offers mechanisms such as zakat, sadaqah, and waqf to support more just and equitable education. This research shows that the implementation of Islamic principles can help overcome barriers to access to higher education, promote social justice, and build quality human resources

Azizah Nurina Putri; Frans Simangunsong

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is a nation that abides by the Constitution of 1945 and Pancasila. Indonesia has encountered a multitude of illicit issues, both collective and individual, in recent years. One such offense is homicide with premeditation. This is a common occurrence in communities, families, and even police departments. Police officers are commonplace individuals who are susceptible to committing unlawful acts, notwithstanding the responsibilities and functions they perform. A considerable number of National Police personnel have been convicted of premeditated homicide. Consequently, the objective of this study is to ascertain the following: 1) the protocols governing the submission of petitions by suspects accused of premeditated homicide committed by police officers; and 2) the legal defense strategies employed by such suspects. The author addressed the issues addressed in this study from two perspectives: an empirical juridical approach and a normative juridical approach. Secondary data was acquired through literature reviews (Library Research), whereas primary data was obtained through field investigations (Field Research). In public trials, police officers occupy the same position as other civilians, according to research findings. Defense efforts may be initiated during a public trial by having the "Pledoi" read aloud. The indictment and defense cannot be presented until the judge declares the conclusion of the case examination. The written defense is submitted subsequent to the prosecutor's submission of the demands. The Pledoi comprises the following: the defendant's identity, an introductory section, a description of the objections raised against the charges filed, an indictment, the facts that were disclosed during the trial, a juridical analysis, and a concluding section.

Ayuning Tyas Azis Putri; Moh. Zeinudin

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Humans must go through life events, including babies, children, teenagers, adults, the elderly and death. Death itself is a process that is greatly feared by humans. However, in the development of technology and science in the medical world, death does not come suddenly, death itself can occur with a plan, this action, namely killing in a predictable place and time, is called euthanasia, which is a killing process that is still controversial today. and has not been resolved properly by several parties. The aim of this research is: 1) To identify regulations for implementing euthanasia from a human rights perspective. 2). To identify the application of euthanasia in positive law in Indonesia. This research methodology uses normative juridical which includes primary, secondary and tertiary legal materials. The results of the research state that euthanasia regulations from a human rights perspective in Indonesian society believe that euthanasia is a practice that ignores a person's right to life and is not permitted, but the implementation of euthanasia already exists, which is called passive euthanasia, one of which is the act of doctors sending their patients home on the grounds that there is no treatment or desire. to recover still deserves to be punished if Indonesian law still prohibits euthanasia. However, this behavior does not violate the law, and often occurs in our society

Fahrizal S.Siagian; Geofani Milthree Saragih; David Chrisna Pangihutan; Frans Maruli Silaban; Gamal Abdul Nasser +1 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This research analyzes the causes of flooding in Medan City due to environmental pollution, with the perspective of Law Number 32 of 2009 concerning Environmental Protection and Management (UU-PPLH). Medan City is one of the flood-prone areas in North Sumatra, which experiences flooding almost every year. Factors that cause flooding include poor city drainage systems and environmental pollution due to careless dumping of rubbish. Law Number 32 of 2009 regulates environmental management and protection, but its implementation is not yet optimal. The research method used is normative legal research with a document study and field observation approach. The research results show that public awareness of the importance of waste management and environmental preservation is still low, which contributes to flooding. There is a need to increase supervision and law enforcement as well as educate the public to reduce the risk of flooding in the future.

Karmila Karmila; Rufaidah Rufaidah; Haliza Nuriya; Zaitun Qamariah

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This literature review article presents an analysis of the concepts of Ariyah, Grants, Gifts, and Samsarah from a theoretical and practical perspective to understand the complexity and legal framework governing these transactions in an Islamic context. The data is analyzed in depth to identify key elements and relationships between concepts. Ariyah (borrowing) is the loan of goods without remuneration, Hibah (grant) is the voluntary gift of a living person to another, Hadiah (gift) without expectation of reward, and Samsarah (brokerage) is connecting between parties involved in a transaction (such as buyers and sellers) in which the intermediary is given a certain commission. Despite having fundamental differences in definition and application, these four concepts play an important role in society. From a theoretical perspective, each concept has a legal basis and principles governing it. In practical terms, the application of Ariyah, Grants, Gifts, and Samsarah is seen in various aspects of daily life, from trade transactions to social relations. Understanding these concepts helps individuals and organizations manage relationships and transactions more effectively according to the principles of sharia law.

Zainudin Hasan; Julian Chandra Adi Pratama

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

As a country with an overcapacity prison composition of 265,897 people, Indonesia ranks seventh with the most prisoners in the world. In response to this, the government has made several efforts to reduce the density of prisoners, one of which is by providing remissions. However, granting remissions is actually seen as less effective and actually creates differences in the development process in Correctional Institutions (Lapas). Another problem is how to overcome the dilemma of granting remission to prisoners from the perspective of the national legal system. The research method used in this research is a juridical-normative research method with descriptive analytical research specifications which analytically describe the applicable laws and regulations both at home and abroad and legal theories linked to research problems. Analysis of legal materials uses qualitative juridical analysis. The results of this research indicate that the background to the policy of granting remissions to prisoners needs to be tightened so that it can fulfill a sense of justice for society. Apart from that, regarding the policy of granting remissions to prisoners, it is necessary to consider the legal framework of similar policies implemented in England, Ireland or Canada because the tightening of remissions in these countries has resulted in not all prisoners getting remissions or parole.

Bagas Indria Wibisono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for notary service users based on the Consumer Protection Act (UUPK) and Islamic perspectives. Notaries, as public officials authorized to create authentic deeds, play a crucial role in providing legal certainty to the public. However, notaries' obligations to provide clear and specific legal guidance have not been fully implemented, resulting in inadequate legal protection for service users. Within the context of UUPK, consumers have the right to receive true, clear, and honest information, as well as the right to advocacy and protection. The Islamic perspective also emphasizes the importance of justice, transparency, and consumer rights protection, including the obligation of service providers to provide accurate information and avoid harmful practices. The research method used is normative juridical with statutory and conceptual approaches. Data were collected from various legal sources, books, journals, and relevant encyclopedias. The analysis indicates that notaries need to enhance transparency and the quality of legal guidance to ensure that consumer rights are well protected. n conclusion, notaries must provide specific, clear, and thorough legal guidance to achieve effective legal protection for their service users. This aligns with the objectives of UUPK and the principles of consumer protection in Islam, aiming to create benefits for society.

Simson Lasi

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The creative industry is a sector that is growing rapidly in this era of globalization, but the development of the creative industry also poses challenges in protecting Intellectual Property Rights. This research aims to analyze the regulation of Intellectual Property Rights (IPR) in the creative industry from an international legal perspective. The research method used is a normative approach by examining various international legal instruments related to Intellectual Property Rights (IPR). The research results show that the regulation of Intellectual Property Rights in the creative industry still has weaknesses and challenges, especially in terms of law enforcement and protection of copyrights, patents and brands. This research provides recommendations for improving legal regulations related to intellectual property rights in the creative industry, including increasing international cooperation and more effective law enforcement.