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All Journal Jurnal Ekonomi, Bisnis dan Kewirausahaan (JEBIK) Mimbar Sekolah Dasar JETL (Journal Of Education, Teaching and Learning) Adimas : Jurnal Pengabdian Kepada Masyarakat DIVERSI : Jurnal Hukum Jurnal Pengabdian UNDIKMA Welfare State Jurnal Hukum Jurnal Sistem Informasi dan Manajemen
Supianto Supianto, Supianto
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Journal : Welfare State Jurnal Hukum

 1 
Kepastian Hukum Penyelesaian Sengketa Medis Melalui Mediasi di Luar Pengadilan Afiful Jauhani, Muhammad; Supianto, Supianto; R. Hariandja, Tioma
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1470

Abstract

The provisions of Article 29 of Law Number 36 of 2009 concerning Health states that, in the event that a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation. The explanation of the article states that, Mediation is carried out when a dispute arises between health workers providing health services and patients as recipients of health services. Mediation is carried out with the aim of resolving disputes out of court by a mediator agreed by the parties. This type of research is normative juridical. Normative law research uses normative case studies in the form of products of legal behavior, for example reviewing laws. Based on the research, it can be concluded that mediation efforts to resolve media disputes outside the court are more flexible regarding the time and place of implementation. and is considered capable of maintaining the confidentiality of the disputing parties. The peace agreement resulting from mediation of medical disputes outside the court which has been determined by the Court as a deed of peace (acte van dading) has the same power as a court decision which has permanent legal force (incracht van gewijsde), so it has binding and final force (final and binding). ), perfect evidentiary power as well as executorial power.
Dampak Kelebihan Kapasitas terhadap Pemenuhan Hak-Hak Warga Binaan di Lembaga Pemasyarakatan Kelas IIA Jember Aldiena Qodar, Isl; Supianto, Supianto; Wahyuningtyas, Yuli Winiari
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1550

Abstract

Overcapacity of detainees occurs in almost all prisons, this excess capacity causes various problems in prisons, such as the failure of the main purpose of the prison, namely the development of Correctional Assisted Citizens (WBP) and can lead to new crimes due to the excess capacity. The excess capacity of the inmates will have an impact on the fulfillment of the rights that should be obtained by the inmates. The aim of this research is to find out the impact of excess capacity of inmates on the fulfillment of the rights of inmates in the Class IIA Jember Penitentiary. This research uses normative and empirical research methods. The results showed that the impact of the excess capacity of inmates in the Class IIA Jember Penitentiary, among others: the difficulty of the prisoners to rest and activities, disruption of the rights of inmates, inadequate sanitation, conflicts that cause fights, and less than optimal supervision by officers. In an effort to overcome the impact of excess capacity of WBP, Jember Prison carries out various preventive and repressive efforts.
Perlindungan Hukum Bagi Pencipta Film Terhadap Peredaran Digital Video Disk (DVD) Film Bajakan Ali Mufthi, Fikri; Supianto, Supianto
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1693

Abstract

Currently, there are many entrepreneurs selling DVD films, which they sell or distribute in the form of digital video discs (DVD) for commercial purposes without asking permission from the creator or copyright holder for the work. Although the latest law has been enacted Law No. 28 of 2014 concerning Copyright. The method used in this paper is a normative law research method. explains the procedure for recording creations. The period of Copyright protection is regulated in Article 58 which states that Copyright Protection is valid for the life of the Creator and continues for 70 years after death starting from January 1 of the following year. Legal liability for Copyright violators based on Law Number 28 of 2014 concerning Copyright, namely through law enforcement in criminal, civil, and administrative ways.
Autopsi Forensik Sebagai Upaya Mencapai Kepastian Hukum Pada Kasus Kematian Tidak Wajar Afiful Jauhani, Muhammad; Wahyu Pratiwi, Yoga; Supianto, Supianto
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2063

Abstract

Autopsy is a medical examination of a corpse to determine the cause of death. Forensic autopsies for judicial purposes have been regulated in Article 133 and Article 134 of the Code of Criminal Procedure, even Article 222 of the Criminal Code has also regulated criminal sanctions against parties who intentionally hinder forensic autopsies, but it is undeniable that there are still obstacles in its implementation. This study aims to analyze the essential role of forensic autopsies for legal certainty through analysis of several court decisions and literature review using normative juridical methods with statutory and conceptual approaches. Forensic autopsies has scientific validity. Application of the principle of causality is very important in law enforcement for a fair and correct decision so that it can fulfill a sense of justice for victims, perpetrators and also the community. The accurate cause of death through a forensic autopsy, is a material justification that can be verified scientifically for discovering the truth.
Perubahan Makna Cidera Janji atau Wanprestasi pada Jaminan Fidusia Setelah Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Dwi Prilia, Ega; Suphia, Suphia; Supianto, Supianto
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2401

Abstract

A debtor who feels aggrieved then submits a judicial review of the validity of Article 15 paragraphs (2) and (3) of Law no. 42 of 1999 which are considered to have violated the debtor's constitutional rights so that the Constitutional Court Decision No. 18/PUU-XVII/2019. Requirements for the debtor to be declared in breach of contract in the fiduciary guarantee after the decision of the Constitutional Court Number 18/PUU-XVII/2019, namely the breach of contract as referred to in Article 15 paragraph (3) of the Fiduciary Guarantee Law is not determined unilaterally by the creditor but on the basis of an agreement between creditors and debtors or on the basis of a legal remedy that determines that a breach of contract has occurred. Legal considerations of the Constitutional Court in deciding case No. 18/PUU-XVII/2019 is based on legal considerations that the norms contained in Article 15 paragraph (2) of the Fiduciary Guarantee Law do not reflect the existence of equal legal protection between parties bound in fiduciary agreements that are directly related to the norms of Article 15 paragraph (3) The Fiduciary Guarantee Law, namely the absence of legal certainty regarding when the debtor can be declared in breach of contract.
Co-Authors Afiful Jauhani, Muhammad Aldiena Qodar, Isl Ali Mufthi, Fikri Dwi Prilia, Ega Hasan Mahfud Indrastoeti Siti Poerwanti, Jenny Jenny Indrastoeti Siti Poerwanti, Jenny Indrastoeti Siti M. Sukarno Poerwanti, Jenny Indrastoeti R. Hariandja, Tioma Rumawi Rumawi Siti Istiyati Sitohang, Sunarsan Sri Marmoah Suphia, Suphia Urep, Silvester Ansel Wahyu Pratiwi, Yoga Wahyuningtyas, Yuli Winiari Windhu Putra, Windhu