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Health Facility Licensing Dispute Gusman, Delfina; Borry, Marryo
Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 1 (2020): Unnes L.J. (April, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.901 KB) | DOI: 10.15294/ulj.v5i2.27707

Abstract

Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.
Amandemen Terhadap Pasal 11 Undang - Undang Dasar 1945 Berkaitan Dengan Ratifikasi Perjanjian Internasional: Perspektif Hukum Internasional Dan Hukum Tata Negara Delfina Gusman; Zimtya Zora
UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(1).6997

Abstract

Indonesia cannot close eyes that cooperation with other countries is needed .Different interests and the source of the power possessed make the state independent of one another .Cooperation between countries can occurred in agreed to an international agreement .The national interest and public interest broad should be included in International Agreement to other countries , do not get international treaties approved by the government torment the people. Hence , legal basis international treaties in Indonesia must be clear and firmly , to avoid possible in the practice of especially with regard to the ratification of a treaty. Do not get obscurity legal basis cause financial losses for the state especially the people
Pelaksanaan Peran Kantor Wilayah Kementerian Hukum Dan Ham Sumatera Barat Dalam Rangka Harmonisasi Peraturan Daerah Provinsi Sumatera Barat Tahun 2019 Delfina Gusman; Alsyam Alsyam; Didi Nazmi
UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(2).7365

Abstract

The Regional Offices of the Ministry of Law and Human Rights in each region have an important role in the harmonization of regional regulations in accordance with the legal hierarchy. Harmonization of law is an effort to create a harmony, suitability and compatibility to balance the legal norms. One of the agencies that has this role is the Ministry of Law and Human Rights to each region. The results of the study show that in relation to the duties and functions of the Regional Office, basically the duties and functions of the Regional Office in preparing regional regulations are in line with the provisions of Law Number 12 of 2011 concerning the Establishment of Legislation. the invitation, but the involvement of the Regional Office of the Ministry of Law and Human Rights is limited and passive waiting for the local government and DPRD to participate. In an effort to increase the role of the Regional Office of the Ministry of Law and Human Rights in the process of drafting regional regulations, it is necessary to formulate a rule for implementation that regulates in detail the mechanism for the preparation of regional regulations involving the Regional Government, DPRD and Regional Office of the Ministry of Law and Human Rights. optimizing the preparation of quality regional regulations.
KEDUDUKAN KETETAPAN MPR BERDASARKAN UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Delfina Gusman; Andi Nova
Jurnal Dinamika Hukum Vol 12, No 3 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.3.118

Abstract

MPR Decree in resettlement of legislation under the Constitution of 1945 on the basis of Law No. 12 Year 2011 cocerning formation of legislation gives rise to a variety of polemics in the position of the MPR as State institutions. Provisions of the MPR is considered to have urgency in Indonesia's system, because the MPR as State institutions is considered to still have the duty and the authority of its strategic, e.g: inauguration of President and Vice President, the establishment of the Constitution. MPR also made provisions as one of basic national legislation program. Keywords : MPR Decree, national legislation program, rule of law
EFEKTIFITAS PELAKSANAAN UPAYA PAKSA PUTUSAN PENGADILAN TATA USAHA NEGARA YANG TELAH BERKEKUATAN HUKUM TETAP Delfina Gusman
Masalah-Masalah Hukum Vol 39, No 3 (2010): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3879.193 KB) | DOI: 10.14710/mmh.39.3.2010.221-230

Abstract

The existence of Administration Justice (PTUN) can guarantee the assurance of law was produced by illegal conduct under goverment, in act, it is still far from the society's expectation away. It was caused by running it is infective especially the implentation of force effort the justice verdict over the Administration Law that has been established permanently. This inefeciency was caused by some reasoning both judical reason and non judical reason.This research was performed by using judicial-sociological approach through interviewing and researching relevan literature. The data that has been collected and then to be analized judicial-qualitative away in order to make it come true for supporting the justification them judicial-descriptivelly.The result of this research showed that the force effort to the verdict of justice over the Administration Law that has permanenly been establisihed is imposible to be performed efectively considering the regulation of technical guide which regulated the concern. however, in fact the effort force is possible to do efectively if the justice want to refer it to Jurisprudency and Term of Reference stated on Book II and Justice Administration. In other side, in facing the void the regulation of implementation the effort force to the verdict of Administartion Law that has permanently established in administration justice Padang has been conductud to be ininfective the regulation of effort force as stated on Article 116 statement (4) and (5)Kata Kunci : upaya paksa, efektifitas, pembaharuan
URGENSI NASKAH AKADEMIK DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN YANG BAIK Delfina Gusman
Masalah-Masalah Hukum Vol 40, No 3 (2011): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2937.706 KB) | DOI: 10.14710/mmh.40.3.2011.297-304

Abstract

The Academic Manuscript of Law has important value in forming of good law and regulation, so that its existence has to be considered to be requirement. The making of Academic Manuscript of Law begins with research so that the resulting rules can be accepted by communities. Strengthening the position of academic manuscript of law is necessary to emphasize in the revisions Law on establishment of legislation.
TUMPAH TINDIH DALAM PROSES PERIZINAN KLINIK PRATAMA DI DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU KOTA PADANG Delfina Gusman; Marryo Borry WD
UNES Law Review Vol 1 No 2 (2018): UNES LAW REVIEW (Desember 2018)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/law.v1i2.23

Abstract

Clinics are health care facilities that provide individual health services that provide basic medical and / or specialist services. Primary Clinic is a clinic that provides basic medical services both general and special. To establish primary clinics until they can operate through a series of licensing processes, namely the Hinder Ordonnantie (HO) Permit, Clinical Establishment Permit (IMK) and Clinical Operational Permit (IOK). The results of the process are overlapping or suggesting requirements that make the process ineffective and inefficient
Penghubung Komisi Yudisial sebagai Pengawasan Perilaku Hakim Berdasarkan Kode Etik Pedoman Perilaku Hakim Delfina Gusman Gusman; Arya Putra Rizal Pratama
University Of Bengkulu Law Journal Vol. 6 No. 2 (2021): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.6.2.114-132

Abstract

Yudicial comission after regulation revision Number 18 Year 2011 increase the authorithy power Code of ethic enforcement against judge in court togehter with province Yudicial Comission liason officer. Yudicial Comission Liason establishment by law basic Yudicial Comission Regulation Number 1 Year 2017 jo revision Yudicial Comission Regulation Number 1 Year 2012 about Shaping, Formation, the rule of work Yudicial Comission liasion of regional as for acomodation Yudicial Comission job desk. Article 3 paragraf 2 so “Yudicial Comission have right to appoitment Yudicial Comission Liason in province by neccesary”. Nevertheless, article 4 Yudicial Comissione Number 1 Year 2012 about Yudicial Comission in province have function for “accomodation Yudicial Comission job desk against maintaince dignity enforcement code of ethic in law basic decision from chief of Supreme Court number No.047/KMA/SKB/IV/2009 and chief of Yudicial Comission 02/SKB/P.KY/IV/2009 to codification to Kode Etik Pedoman Perilaku Hakim (Code of ethic of Judge Behavior Guidance)
Moralitas Omnibus Law Undang-Undang Cipta Kerja Dalam Rangka Pemenuhan Kebutuhan Hukum Masyarakat Delfina Gusman
Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.2.p.200-209.2021

Abstract

Fulfilling the legal needs of the community is one of the legal materials regulated in Article 10 paragraph 1 of law number 12 of 2011 concerning the formation of statutory regulations. However, there are unclear parameters or characteristics of community law compliance. This has resulted in the emergence of laws that do not meet the legal needs of the community. For example, The Law Of Cipta Kerja. There are many legal problems in this law, both in the process of formation and in substance. When linked with the principles of morality, several articles in this law violate these principles. One of them is moral principle that serve as an ethical foundation in the formation of law, especially the value of justice for all people.
Mengkaji Ulang Gagasan Pengadilan Khusus Pemilihan Umum di Indonesia Delfina Gusman
Nagari Law Review Vol 3 No 2 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (416.993 KB) | DOI: 10.25077/nalrev.v.3.i.2.p.70-83.2020

Abstract

General elections are a means of democracy to elect leaders who will carry out the wheels of government for a certain period of time, through legitimate power transfer procedures by involving public participation. Elections are the crystallization of popular sovereignty in procedural mechanisms. But often in the implementation of procedural democracy this is followed by fraudulent actions that tarnish the true nature of democracy (substantial democracy). Therefore, we need a law enforcement agency for every action that can damage the essential meaning of democracy and elections in Indonesia. The idea of a special court emerged as an alternative to electoral dispute resolution in the study of Indonesian constitutional law, however this idea needs to be discussed in more depth from various aspects to see its relevance to the Indonesian constitutional system, given that long before there was the idea of a special election court, Indonesia already had a number of institutions that given a mandate and authority to resolve disputes related to elections. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the idea of establishing an electoral special court was the idea of state administration which emerged amidst the struggle to substantially improve the quality of democracy. However, in its formation, it does not only require clear legal politics, but also requires a holistic study of the mechanism and flow of resolution and models of electoral dispute resolution. The parameter that needs to be used in examining the idea of a special electoral court is to measure the extent and importance of elections for Indonesian democracy. because the more important the meaning of the election is the presence of special election court more worthy of consideration