Article Per Year (5 Year)
p-Index From 2019 - 2024
3.012
P-Index
This Author published in this journals
All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Konstitusi Syntax Literate : Jurnal Ilmiah Indonesia Nagari Law Review Ensiklopedia of Journal Unes Law Review Ekasakti Jurnal Penelitian dan Pengabdian (EJPP) UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Lareh Law Review Kanun: Jurnal Ilmu Hukum
Khairani Khairani
Fakultas Hukum Universitas Andalas
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

Published : 26 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 26 Documents
Search

 1   2   3 
Pengisian Jabatan Sekretaris Daerah di Sumatera Barat dalam Rangka Penerapan Sistem Merit Saufa Atika Ulya; Khairani Lubis; Hengky Andora
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.858

Abstract

This study aims to find out how to fill the position of Regional Secretary in West Sumatra in the context of implementing the merit system. This research was conducted to find out how it was implemented and what factors influenced the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra. The research method used is using a qualitative descriptive approach. In collecting data the author uses the interview method. The author performs data analysis by processing data, studying documents and drawing conclusions. The results of this study are to answer research questions related to the Filling of the Position of Regional Secretary in West Sumatra in the Context of Implementing the Merit System which is still not optimal. Even though the Government of West Sumatra has carried out all stages of the selection, be it the preparation, implementation, as well as monitoring and evaluation stages, in terms of compliance with the Application of the Merit System in the Open Selection of Regional Secretaries in West Sumatra, the implementation has not been optimal. This can be seen from several aspects that have not been implemented optimally. For optimal application of the Merit System, the Regional Government must already have competency standards for all positions, especially in filling the position of Regional Secretary.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Oleh Dinas Pemberdayaan Perempuan, Perlindungan Anak, Pengendalian Penduduk, dan Keluarga Berencana (Dp3ap2kb) Kota Padang Trisanti Trisanti; Aria Zurnetti; Khairani Khairani
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.916

Abstract

Children are very vulnerable to becoming victims of crime, many children are targets of acts of violence. In Padang city violence against children in 2021 there was 63 cases of violence recorded. Based on Article 59 paragraph (1) of Law Number 35 of 2014 concerning Child Protection, local governments are obliged to provide protection for child victims. This research focuses on two issues, First: How is the legal protection of child victims of violent crimes committed by DP3AP2KB Padang City, Second: How is the implementation of legal protection for child victims of violent crimes committed by DP3AP2KB Padang City.This study uses empirical juridical research methods with analytical descriptive characteristics. Sources were obtained from interviews, reports and documents. Secondary data comes from related laws and regulations, articles, journals, and internet sites. The results of the research, First, the legal protection carried out by DP3AP2KB is to provide consulting services and legal process assistance to ensure the fulfillment of children's rights so that they can recover and be able to carry out social functions in their environment, social field. Second, the implementation of legal protection for child victims of violent crimes by DP3AP2KB experienced several obstacles, namely a lack of human resources, a lack of special experts such as child clinical psychologists and a lack of budget, facilities and infrastructure. so it must coordinate with other agencies.
Pemenuhan Hak Atas Jaminan Kesehatan Terhadap Pekerja Swasta dengan Status Probation atau Masa Percobaan di Kota Padang Sherly Mutya; Elwi Danil; Khairani Khairani
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.959

Abstract

The fulfillment of workers' rights in the form of health insurance is a program in accordance with the mandate of the Constitution. Realized through Law of the Republic of Indonesia Number 40 of 2004 concerning the National Social Security System regulates the basic rights to a sense of security owned by workers /employees. Among them, the right to welfare includes health insurance programs, work accident insurance (JKK), death insurance (JKM), and old age insurance (JHT). The formulation of the problem in this study is: 1). How is the arrangement or protection of health insurance for private workers with probation status or probation period in Padang City?, 2) Factors that play a role in fulfilling the right to health insurance for workers with probation status or probation period in Padang City?. This research uses normative juridical methods that focus their studies by viewing law as a complete system, including a set of legal principles, legal norms, and legal rules, in this study in addition to using secondary data also using empirical data, but does not eliminate the nature of this research as normative research. The results of this study are: 1) Non-implementation of the Law and all regulations governing health insurance for private workers with Probation status in general, 2) There must be a policy issued by the government strictly regarding the sanctions given if workers do not get health insurance.
Perlindungan Pekerja Anak sebagai Anak Buah Kapal (Studi Anak Buah Kapal Nelayan Juragan di Teluk Kabung Tengah Bungus) Nora Aisa; Khairani Lubis; Azmi Fendri
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.985

Abstract

Child labor is a child who does any type of work that has a nature or intensity that can interfere with education, endanger safety, health and growth and development can be classified as child labor. The prohibition to employ children is contained in Article 68 of Law Number 13 of 2003 concerning Manpower which regulates the prohibition of employers employing children. However, the fact is that there are many child laborers, one of which is child labor as crew members in Teluk Kabung Tengah Bungus. The prohibition of working for children is intended to provide protection for children, child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with the dignity of humanity, and receive protection from violence and discrimination. The problems in this study are (1); How is the protection of child laborers as crew members in Teluk Kabung Tengah Bungus (2); What are the factors that cause the existence of underage crew members employed in Teluk Kabung Tengah Bungus. This research is a type of empirical normative research that uses secondary data (literature) and is supported by primary data based on field research, such as observations, interviews, and surveys. Based on the results of the research, it can be described that the legal protection system for child laborers as crew members has not been implemented in accordance with the law.
Penyelesaian Pemutusan Hubungan Kerja Terhadap Pekerja PT Tirta Investama (Aqua) Solok Maudyta Putri Oktyawati; Khairani Khairani; Darnis Darnis
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.162-175.2023

Abstract

Abstract Unilateral termination of employment by PT Tirta Investama (Aqua) Solok was the result of a strike by workers demanding unpaid overtime wages from 2016 to 2022. Government involvement, in the form of monitoring and supervising the termination of employment and the fulfillment of workers' rights by companies, particularly by the local Manpower Office, is necessary. The issues addressed in this research are: 1) The mechanism of employment termination carried out by PT Tirta Investama (Aqua) Solok; 2) The fulfillment of the rights of workers affected by the employment termination by PT Tirta Investama (Aqua) Solok; and 3) The actions taken by the Solok District Manpower Office in response to the employment termination by PT Tirta Investama (Aqua) Solok. To address these issues, a normative empirical research method is used, which involves examining the implementation of regulations and how they are applied in society. Both primary and secondary data are used, collected through interviews and document studies. Based on the research results, the following conclusions can be drawn: 1) The mechanism of employment termination by PT Tirta Investama (Aqua) Solok is considered unilateral and not in accordance with the reasons stated in Article 153 and Article 154A of the Manpower Law, as updated by the Job Creation Law; 2) The company has provided severance pay and compensation to the workers affected by the employment termination, but the amounts are not appropriate for the workers; and 3) The Solok District Investment and Integrated One-Stop Service and Manpower Office has attempted to resolve the dispute by summoning both parties before mediation and holding several meetings with the management of PT Tirta Investama (Aqua) Solok to advocate for the rights of terminated workers in a mutually beneficial manner.
Penyelesaian Sengketa Medik Terhadap Adanya Dugaan Kelalaian Medik oleh Dokter Gigi dalam Perspektif Hukum Kesehatan Puti Sari Mayang; Khairani Khairani; Siska Elvandari
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

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

Abstract

Health services lead to health development which aims to achieve awareness, will, and the ability to live healthy for every resident in order to achieve optimal public health status as aspired to in Law Number 36 of 2009 concerning Health. In terms of optimal health services, it is certainly expected to create professional health workers in carrying out their profession, especially dentists. However, in carrying out medical practice, it is possible for a dentist to commit medical crimes that have an impact on the patient's health. Where medical negligence that results in disruption of patient health can result in disruption of medical health between doctors and patients. But not infrequently in terms of legal protection and in solving medical problems there are significant obstacles to solving legal problems. So to answer this problem, it is necessary to know the form of patient legal protection for the existence of medical justice by dentists and how to settle medical settlements between patients and their families and doctors based on the provisions in force in health law. The research method used is descriptive normative research. The results of the study revealed First, that legal protection for patients due to dentist negligence has been specifically accommodated in several laws related to health, but this legal protection has not run optimally because there are still massive obstacles originating from the legal substance of the legal structure and legal culture. who have not been able. Second, the causes for the medical settlement are qualified into three things, namely due to the absence of medical negligence, medical failure and medical malpractice, then in terms of the settlement of medical settlements it has not run optimally either through non-litigation or litigation, therefore the need for a Medical Dispute Settlement Court (PSSM) which specifically resolves cases related to health law in Indonesia.
Analisis Permasalahan Outsourcing dari Perspektif Hukum dan Penerapannya Khairani Khairani
Kanun Jurnal Ilmu Hukum Vol 14, No 1 (2012): Vol. 14, No. 1, (April, 2012)
Publisher : Universitas Syiah Kuala

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

Abstract

ABSTRACT: Outsourcing is a matter worded in the Labour Act and the latest issue in relation to Indonesia labour. It is ruled in terms of easing employers to manage the company in providing the labour service. The implementation is regulated strictly in Article 64-66 of the Act Number 13, 2003 regarding the Labour. However, in the implementation level the violation is unavoidable causing the trouble. It happens as the outsourcing is defect both the legislation and its implementation. Outsourcing Analysis Problem from the Perspective of Law and Implementation
Tinjauan Yuridis Terhadap Perbuatan Aborsi Akibat Pemerkosaan Berdasarkan Ketentuan Peraturan Perundang-Undangan Engga Lift Irwanto; Khairani
UNES Journal of Swara Justisia Vol 7 No 4 (2024): UNES Journal of Swara Justisia (Januari 2024)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i4.441

Abstract

Fenomena Aborsi bukanlah menjadi suatu pristiwa hukum baru di Indonesia, dimana aborsi dijadikan suatu alternatif bagi kaum hawa khususnya untuk mencegah terjadinya pertumbuhan janin. Menurut Fact Abortion, Info Kit on Women’s Health oleh Institute For Social, Studies and Action, dalam istilah kesehatan aborsi didefinisikan sebagai penghentian kehamilan setelah tertanamnya telur (ovum) yang telah dibuahi rahim (uterus), sebelum janin (fetus) mencapai 20 minggu. Dalam pelaksanaan aborsi tidak selalu bertentangan dengan hukum karena ada perbuatan aborsi legal apabila memenuhi kriteria tertentu sebagaimana yang diatur di dalam Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan dan di dalam Peraturan Pemerintah Nomor 61 Tahun 2014 Tentang Kesehatan Reproduksi. Dimana persoalan tersebut akan dijawab dengan rumusan masalah, pertama bagaimana pengaturan hukum dan pandangan norma yang hidup dalam kehidupan bermasyarakat terkait legalisasi aborsi di Indonesia?, Kedua bagaimana membuktikan adanya tindak pidana pemerkosaan dan metode dalam melakukan aborsi (pengguguran kandungan) akibat korban pemerkosaan ?. Penelitian ini merupakan penelitian yuridis normatif. Dimana dari hasil penelitian menyatakan bahwa aborsi Setiap Orang dilarang melakukan aborsi, kecuali dengan kriteria yang diperbolehkan sesuai dengan ketentuan dalam kitab undang-undang hukum pidana, misalnya korban pemerkosaan ataupun karena gangguan kehamilan serius.
Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan Yeni Nel Ikhwan; Khairani Khairani
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.401-419.2023

Abstract

In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.
Implikasi Pengisian Jabatan Tinggi Pratama Terhadap Pelaksanaan Putusan Pengadilan Tata Usaha Negara Akibat Pemberhentian Pejabat Tinggi Oleh Pejabat Pembina Kepegawaian Khairani Khairani; Gusminarti Gusminarti; Muhammad Qadri
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.341-353.2023

Abstract

This study aims to find a solution or policy in the case of the termination of the Senior High Officials (Regional Secretary of West Pasaman Regency) by Civil Service Officers (Regent of West Pasaman Regency). The Regional Secretary of West Pasaman Regency who was terminated then filed a lawsuit to Padang Administrative Court (PTUN Padang) which court stating that the decision that termination was invalid, so the Terminated Official had the right to be reinstated. The court decision could not be implemented and came to a dead end because the position had also been filled by another Official (the new Regional Secretary of West Pasaman Regency) by the merit system according to the State Civil Apparatus Law (ASN Law) which was elected by the Committee. The selection of the leaders of the Primary High Offices are based on the recommendations of the State Civilian Bureaucracy Commission (KASN). This research was conducted using a sociologic and juridical method that analyzes the application of laws and regulations. The results showed that the termination of the Regional Secretary of West Pasaman Regency in terms of authority was in accordance with the regulations but in terms of procedural the Regent did not follow the provisions contained in the Civil Servant Discipline Regulation because the tenure of the regional secretary was less than 2 years without any summons, but immediately issued a Termination Letter based on the recommendation from the Inspectorate and the Governor of West Sumatra. Implications of the reappointment of Manus Handri as regional secretary based on the court decision which states that the termination of the regional secretary is illegal, but cannot be implemented because the new regional secretary has been elected based on KASN recommendations during the process of resolving Manus Handri's lawsuit at court. Termination and reinstated are difficult to be implemented because there are unclear provisions on how long the Human Resources Officer can reinstate terminated Officials who submit their cases to the Court. Therefore, there must be clear provisions in Law Number 30 Year 2014 and / or in Law Number 5 Year 1986 concerning the position of Officials who challenge the Decree on Transfer or termination during the trial process until the court's decision has permanent legal force. There should be a clause so that the Civil Service Officer (PPK) does not fill a new official with a position that is currently being processed in court.
Co-Authors Agung Eka Mulya Dharma Anton Rosari Aprizon Zuhdi Aria Zurnetti Ashfihani Basnur Azmi Fendri Candra Feri Caniago Darnis Darnis Elwi Danil Engga Lift Irwanto Fajri Kurniawan Fikri Hasan Gusminarti Gusminarti Harry Ismaryadi Hengki Andora Hengky Andora Maudyta Putri Oktyawati Muhammad Qadri Nora Aisa Nurul Astri Haliza Puti Sari Mayang Rezi Yosrialde Putra Saufa Atika Ulya Sherly Mutya Siska Elvandari Sri Arnetti Sri Artnetti Trie Rahmi Gettari Trie Rahmi Gettari Trisanti Trisanti Yeni Nel Ikhwan Yudha Prasetyanov Yuslim Yuslim Yuslim Yuslim Yuslim Yuslim Yussy A. Mannas