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LEGAL PROTECTION ASPECT OF SELLING DRUG TRANSACTIONS THROUGH ONLINE PHARMACY SERVICE Mutiara, Upik; Insani, Nur
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 1 (2020): Maret
Publisher : Universitas Muhammadiyah Ponorogo

This writing aims to find out how the form of legal protection against consumers in the event of default in conducting drug sales transactions through online pharmacy services and to find out the form of liability by the seller or pharmacist when committing negligence to consumers in the transaction. This writing uses the normative legal research method with the data collection method used is the Literature Method; Tracing the research material is done by reading, studying, and quoting legislation, and related literature and then the data obtained are analyzed qualitatively.The results of this study address that: (1) the form of legal protection for online pharmacy consumers has been specifically regulated in the health law, the law on health workers and generally regulated in the consumer protection law. (2) The legal consequences obtained by the pharmacist or negligent seller is to provide compensation to consumers if proven to have neglected and are responsible for their profession both in civil and administrative terms. Based on these results, it is recommended: (1) pharmacists or sellers to pay close attention to every doctor's prescription that enters the pharmacy system in order tomaintain the safety and security of consumers in consuming drugs. (2) Consumers or the public must be more careful when receiving drugs from pharmacists so that if pharmacists are negligent, drugs can be replaced immediately before consumption.

Exceptions of banking secrets for the interest of taxes in Indonesia (a comparison of the post-birth of access law to financial information) Mutiara, Upik; Simanjuntak, Ika Khairunnisa; Hasibuan, Rahmad Ramadhan; Amiludin, Amiludin
Legality : Jurnal Ilmiah Hukum Vol 28, No 2 (2020): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v28i2.13375

Act Number 7 of 1992 as amended by Act Number 10 of 1998 concerning Banking and several related rules already regulates the exclusion of banking secrets, especially for tax purposes. However, the existing mechanism has not been able to accommodate the exchange of financial information within the framework of the Automatic Exchange of Information (AEOI). Then the Financial Information Access Act was formulated which regulates the automatic exchange of financial information that has never been known before. The problems discussed in this study, how are the exceptions of bank secrets for tax purposes that have been carried out in Indonesia and how are bank secrets exceptions regulated in the Financial Information Access Act. The research method used is a normative juridical method with a descriptive-analytical research approach. The results of the study found that the exception of bank secrets has long been known in Indonesia but is still limited by a convoluted bureaucracy. Whereas in the Financial Information Access Act, exceptions take place automatically but there are sanctions for those who misuse information.

Exceptions of banking secrets for the interest of taxes in Indonesia (a comparison of the post-birth of access law to financial information) Upik Mutiara; Ika Khairunnisa Simanjuntak; Rahmad Ramadhan Hasibuan; Amiludin Amiludin
Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Act Number 7 of 1992 as amended by Act Number 10 of 1998 concerning Banking and several related rules already regulates the exclusion of banking secrets, especially for tax purposes. However, the existing mechanism has not been able to accommodate the exchange of financial information within the framework of the Automatic Exchange of Information (AEOI). Then the Financial Information Access Act was formulated which regulates the automatic exchange of financial information that has never been known before. The problems discussed in this study, how are the exceptions of bank secrets for tax purposes that have been carried out in Indonesia and how are bank secrets exceptions regulated in the Financial Information Access Act. The research method used is a normative juridical method with a descriptive-analytical research approach. The results of the study found that the exception of bank secrets has long been known in Indonesia but is still limited by a convoluted bureaucracy. Whereas in the Financial Information Access Act, exceptions take place automatically but there are sanctions for those who misuse information.

Construction of Financial Technology in Banking Systems in Indonesia Upik Mutiara; Lupita Risma Candanni; Rahmad Ramadhan Hasibuan
Jurnal Hukum Novelty Vol 10, No 2 (2019)
Publisher : Universitas Ahmad Dahlan

Introduction to The Problem: The use of information technology innovations in banking today through digital platforms or online or known as financial technology (commonly abbreviated as fintech) can indeed provide financial services to the public at a lower cost than traditional banking methods. But behind the sophistication of technology as well as an increase in banking risk, especially if the regulations that govern it have not been comprehensive.Purpose/Objective Study: This paper examines the development of various regulatory regulations in the field of fintech in Indonesia.Design/Methodology/Approach: The research method used in this study is qualitative through normative legal research. The obtained data analyzed by statutory approach to interpret the existing legal rules on Indonesian Banking.Findings: The results obtained are that the existence of fintech which is considered as disruptive innovation (disruptive innovation) has changed the old market and revolutionized the workings of traditional financial institutions. Therefore, the government through the financial authority that is authorized to respond to the development of fintech in the Indonesian banking system by making various regulations. In addition, the development of fintech business integration with banking institutions must also be a concern for both parties so that the development of fintech is not only a disruption but can also be a safe innovation for customers to use.Paper Type: Research Article

ANALYSIS OF THE OMNIBUS LAW ON JOB CREATION IN THE PERSPECTIVE OF SOCIOLOGY OF LAW Mohammad Dimas Atmadja; Titi Yuliati; Upik Mutiara
Jurnal Hukum Replik Vol 8, No 2 (2020): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v8i2.3584

One of the widely discussed issues is related to the implementation of the Omnibus Law on Job Creation. In the Omnibus Law, there are 3 patterns, namely "omnibus law which is a review of laws, regulations on new materials and the revocation of related regulations, as well as economic policy regulations." This study uses a normative approach with research results showing that the Omnibus Law in democratic societal change should lead to social happiness. So that the Omnibus Law needs to be analyzed in depth so as not to run away from the teachings of the sociology of law itself. Keywords: Omnibus Law, Job Creation, Sociology of Law

LEGAL RIGHTS OF CONSUMER FINANCE AGREEMENT RELATED TO FIDUSIAN GUARANTEE SETTINGS IN THE CITY OF GORONTALO Nur Insani; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.2845

This study aims to determine the implementation of fiduciary guarantees in financing agreements for motor vehicle purchases and the legal consequences if debtors default in financing the purchase of motor vehicles with fiduciary guarantees at PT. BFI Finance Gorontalo. The research method uses normative legal methods. Data sources consist of primary legal materials, secondary legal materials and non-legal materials. The results showed that the implementation of fiduciary guarantees in motor vehicle financing agreements at PT. BFI Finance Gorontalo is in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees. Default by the debtor can result in the execution of fiduciary guarantees without having to obtain a court decision because the fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force, without having to wait for a court decision, execution can continue to be carried out. If the debtor or fiduciary giver fails the promise, the execution of the object that becomes the object can be done by executing the executable title. If in the implementation of fiduciary collateral execution the transfer of collateral occurs by the debtor, then the PT. BFI Finance Gorontalo can take legal action on accusations of embezzlement of collateral.

PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI Upik Mutiara; Romi Maulana
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2648

Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.

CHILDREN'S INHERITANCE RIGHTS TO MIXED MARRIAGE WHAT IS NOT RECORDED IN PERSPECTIVE INTERNATIONAL CIVIL LAW Fitra Deni; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 2, No 2 (2021): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v2i2.5271

This article aims to find out the protection of the inheritance rights of children of mixed marriages that are not recorded in the perspective of the Indonesian International Civil Law (HPI Indonesia). The research in this article is doctrinal legal research or dogmatic, or normative juridical method or also referred to as literature law research, with the method of deduction reasoning. This method of deduction reasoning is used to conclude things that are general to a special thing which is then drawn into a conclusion. The results of this article show that the law applicable to mixed marriages can be seen based on the principles of HPI Indonesia including the principle of lex loci celebrationis, joint nationality or joint residence, where the marriage takes place, where the husband and wife become citizens after marriage or the residence of the husband and wife. But for mixed marriages that are not recorded according to the applicable rules do not eliminate the inheritance of the child, especially from the father as long as there is recognition with an authentic deed. Not noting the marriage does not mean the marriage becomes void but only has not been recognized that there has been a mixed marriage so that the rights of the child are not obtained as they should be. It's just that children born from marriage are considered children outside of marriage. Constitutional Court Decision No. 46/PUU-VIII/2010 is a new legal breakthrough in which children born outside of marriage from unrecorded mixed marriages still have a civil relationship with both parents. So that with the unrecorded of mixed marriage does not eliminate the civil rights of children as legal heirs.

PENYULUHAN HUKUM TENTANG PENCEGAHAN KDRT BERBASIS PENGABDIAN KEPADA MASYARAKAT DENGAN KEGIATAN KULIAH KERJA LAPANG (KKLP) Nur Insani; Asdar Arti; Upik Mutiara
J-ABDI: Jurnal Pengabdian kepada Masyarakat Vol. 2 No. 2: Juli 2022
Publisher : Bajang Institute

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This service aims as follows: a. Able to provide understanding to the community about the importance of a family that is truly obedient and aware of the law. b. Increase legal awareness for the community so that they are no longer victims of domestic violence (KDRT). c. Provide knowledge to the public about the steps that must be taken if they become victims of domestic violence. The method of implementing community service activities is by delivering material, conducting discussions and asking questions. The results obtained from these service activities have succeeded in contributing and changing public perceptions, namely an increase in knowledge and understanding of the importance of preventing domestic violence. In addition, with these service activities, it is hoped that they will have value benefits for the community, so that they can participate in disseminating information related to the prevention of domestic violence to the wider community. The target audience in this activity were local residents of Ilomata Village, Tibawa District, Gorontalo Regency, Gorontalo Province, totaling 25 participants.

LAND TENURE DISPUTE RESOLUTION TANGERANG CITY GOVERNMENT AGAINST THE MINISTRY OF LAW AND HUMAN RIGHTS Dedeh Latipah; Hayati Nufus; Upik Mutiara
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 2 (2020): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v4i2.3100

The sociological approach of law in explaining and understanding agrarian conflicts.Because the normative, legalistic, and positivistic legal systems that have been used arenot sufficient to explain and even provide solutions for agriculturaldisputes thatcontinue to drag on and become chronic. Agrarian conflict is not only a positive legalproblem but more substantially a complex problem, which is related to other socialissues such as law, economy, and culture. The sociological,standard approach is usedto understand agrarian conflict, especially in the conflict between the Tangerang CityGovernment and the Minister of Home Affairs in Land Management Rights in asociological and punitive way toBE understand agrarian conflicts more fully andtherefore can find ways to resolve and more judicial solutions for Public. The agrarianconflict between the Tangerang City Government and the Minister of Home Affairs inthe Right to Manage Land the competition started when the Minister of Justice andHuman Rights teased the Tangerang City Government. As a result, the Tangerang CityGovernment will not serve several services on the land of the Ministry of Law andHuman Rights (Kemkumham), especially offices until there is communication with theMinistry of Law and Human Rights. The sociology of law approach has relevance toexplain it. This approach is considered capable of explaining the socio-legal reality insociety, especially those related to agrarian conflicts.

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