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PERLINDUNGAN HUKUM BAGI TERSANGKA PIDANA PAJAK DI PRAPERADILAN DITINJAU DARI PUTUSAN NO.PUT MK 21/PUU-XII/2014 Vonnicia Vonnicia; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol 8 No 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2139

Abstract

Juridically, crimes in the field of taxation show that these crimes are the substance of tax law because the rules of tax law are violated. Sociologically, crimes in the field of taxation have shown a real situation that occurs in society as a form of activity by tax officials, taxpayers, tax officials or other parties. In the Constitutional Court Decision, it was decided that the provisions of Article 77 letter A of the Criminal Procedure Code do not have binding legal force as long as they are not interpreted including the determination of suspects, searches and confiscations. As for one of the legal considerations, the determination of a suspect is part of the investigative process which is a deprivation of human rights, so the determination of a suspect by an investigator should be an object that can be requested for protection through pretrial legal endeavors. This is solely to protect a person from the arbitrary actions of an investigator which is most likely to occur when a person is named a suspect, even though in the process it turns out that there was an error, so there are no institutions other than pretrial institutions that can examine and decide them. The research method used is normative juridical, the approach method is more emphasis on law, the source of legal material is law, and the type of collection of legal material is by literature study. The results of this study are that the Constitutional Court's decision provides protection for someone who has experienced an erroneous legal process when he is named a suspect. In the provisions of Article 8 of Law 39/1999 concerning Human Rights it is regulated that "The protection, promotion, enforcement and fulfillment of human rights is primarily the responsibility of the government. This means that the Constitutional Court takes a role in fulfilling human rights through its decisions as part of constitutional responsive efforts. One element of legal protection that is emphasized through this decision is legal certainty that investigators must carry out investigative actions in accordance with applicable legal procedures
POLITIK HUKUM CITIZEN LAWSUIT PEMERINTAH INDONESIA DALAM PENANGANAN PANDEMI COVID 19 DITINJAU DARI PERSPEKTIF NEGARA DEMOKRASI Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol 8 No 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2157

Abstract

A democratic state is a state that adheres to the structure or mechanism of a government system with an obligation to actualizing people’s sovereignity over the state to be carried out by the government of the state. In 2020, the world was rocked by the outbreak of the corona virus which was spreading rapidly all over the world. This evoked Indonesian government to make attempts and take actions regarding policies to conduct the corona virus issue. One of the initial initiatives which taken by President Joko Widodo at that time is to command the Indonesian embassy in China to pay special attention to Indonesian citizens who were isolated in Wuhan. Furthermore, besides the central area, the regional government has also taken precautionary action by providing 100 (one hundred) hospitals. This attentiveness is also carried out at 135 (one hundred and thirty five) international airports and ports by installing body temperature detectors, normative juridical research methods, is a process to find the rule of law, legal principles and legal doctrines in order to find a solution when faced with any legal issues , the result of this research is a state that adheres to democratic system is regulated based on the will and with a purpose to gain prosperity for its people, carried out by the people themselves and/or with their assent since the sovereignty of a state is in the hands of the people.
KAJIAN YURIDIS BATASAN DOKTER DALAM MELAKUKAN TINDAKAN MEDIS YANG BUKAN KEWENANGANNYA DI TINJAU DARI UNDANG-UNDANG NO.29 TAHUN 2004 TENTANG PRAKTEK KEDOKTERAN Alfred Sutrisno; Nanda Dwi Rizkia; Hardi Fardiansyah
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol 8 No 3 (2023): Agustus
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58487/akrabjuara.v8i3.2140

Abstract

A doctor is required to carry out his obligations and be responsible for every effort in medical action against patients. However, some doctor's mistakes occur due to negligence or negligence. Errors or omissions made by doctors when treating patients are known in medical science as Medical Malpractice. Errors or omissions that cause harm to the patient. The relationship between doctor and patient seen from the perspective of civil law is an engagement relationship that originates from agreements and laws, where the relationship between the health service provider (medical service) as a medical action and the recipient of health services, namely the patient. The method used in this research is normative juridical research method. With a legal approach, a case approach and a conceptual approach. Data collection techniques with library data and laws and regulations. The results of the research limit doctors are allowed to take medical actions that are not within their competence, the medical profession must first have STR and SIP as stipulated in Article 29, Article 36, Law Number 29 of 2004 concerning Medical Practitioners, doctors are not allowed to take medical action those who are not competent as long as they do not have a competency certificate for the recognition of what they have obtained during the educational process, and receive additional training to obtain these competencies, and carry out the referral process if they are unable to carry out patient examination and treatment. second, the settlement process is carried out first to MKDKI to determine violations of medical disciplines and forward to MKEK to determine ethical violations and impose ethical sanctions, Article 29 of Law Number 36 of 2014 Concerning Health, provides an alternative settlement through mediation, and if it is suspected of committing a crime the crime is forwarded to the competent authorities Article 66 paragraph (3) of Law Number 29 of 2004 concerning Medical Practitioners. Therefore, doctors must always be guided by professional standards and standard operating procedures in carrying out medical practices.