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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Arjuna Subject : -
Articles 110 Documents
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The Collateral for Land Rights Transferred into Selling and Buying Objects Mas Rara Tri Retno Herryani
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.31207

Abstract

The purpose of this research is to analyze collateral benefits, mortgage security institution, principles of security law, the problem of good faith in debt agreement, legal protection for debtors if debt collateral objects are transferred into sale and purchase objects. The granting of credit to the debtor should be bound by a principal agreement and an accessory agreement for the collateral provided, but it happens that the debtor is bound by a principal agreement and a sale and purchase bond agreement along with a power of sale. When the debtor defaults, the name will be changed to the name of the creditor. The research method in this research is normative juridical research method, and the approach method used is Statute Approach, and Conceptual Approach. The result of the research is that debtors who have obtained debts from creditors and submitted land rights collateral, should be bound by an accesoir agreement, namely a mortgage right as in Act No. 4 of 1996, instead of binding the sale and purchase and power of sale. If this is still done by the creditor, the debtor can take a settlement method, namely: Alternative Dispute Resolution; Court.
The Criminal Regulation on Narcotics Abuse Based on Restorative Justice Arrangements Sri Sulistyawati
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.31304

Abstract

The drug abuse itself is divided into three categories, namely self-abuse, victims of drug abuse, and drug addicts who do not report. The purpose of this study is to find out about the settlement of narcotics abuse cases using restorative justice which is considered fair and balanced. The approach method used is normative juridical, with the nature of descriptive-analytic research. the results of the research and discussion state that the settlement of narcotics abuse with restorative justice is needed for the value of justice for abusers, but laws and regulations are needed that specifically regulate restorative justice as a legal umbrella for existing regulations in the application of restorative justice for narcotics abuse so as not to cause confusion in its application. This means that settling a narcotics misuse offence through restorative justice cannot occur unless all of the conditions outlined in the regulations are met and all of the parties concerned are in agreement.
The South China Sea International Disputes with the ASEAN Area (in International Maritime Law) Aaron Leonardo Borte; Ong Argo Victoria
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.31914

Abstract

In history, the sea has been shown to have had various functions, including as a source of food for mankind, as a trade highway, as a means of conquest, as a place for battles, as a place for fun and recreation, and as a means of unifying or separating nations. nation. As one of the regions with a high degree of heterogeneity, the Asia Pacific region is often considered a region that is very vulnerable to conflict on the basis of a fragile regional balance. The purpose of this study is to find out that one of the territorial conflicts in the Asia Pacific is the South China Sea conflict which involves several countries including China, Taiwan, the Philippines, Vietnam, Malaysia and Brunei Darussalam. This research uses a normative approach in accordance with international maritime regulations, especially UNCLOS and the UN Arbitration Council. The results of this study indicate that she said the South China Sea entered a new chapter by submitting a dispute over the issue of territorial claims to the Arbitration Court in The Hague, Netherlands. The Philippines in January 2013 has officially brought the territorial dispute in the South China Sea to the international arbitration body. Political disputes have been stopped and entered a new phase, namely legal settlement. The issue that arises is whether legal settlement can be the key answer to this territorial dispute, then whether legal settlement can create justice for the disputing countries. Furthermore, whether a legal settlement can dampen and create stability and security in the region. It may be very far if a legal settlement can fulfill some of the questions above.
A Form of Consumer Protection from Beauty Products that Contain Harmful Chemicals M. Risyah Farras Deka Maghfira; Bambang Sugeng Ariadi Subagyono; Zahry Vandawati Chumaida
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32301

Abstract

The purpose of writing this scientific journal is to understand and know the forms of regulation and legal protection for consumers against dangerous cosmetics that are sold freely by analyzing the responsibility of business actors for the products they market. In the formulation of scientific writing, the research method used is normative law with reference to the analytical and conceptual approach to legislation. Regarding the source of the data used in this study, it comes from primary legal materials sourced from statutory regulations and literature review. From the results of the study it can be concluded that consumers are required to be more careful and careful in consuming a product and item. If consumers have carried out their obligations and feel aggrieved, they have the right to obtain legal protection and submit existing legal remedies and business actors must also be responsible for their obligations. Here the role of the government is needed to convey education to the public, especially consumers regarding education on cosmetic products in circulation that do not meet predetermined quality standards and this can have an adverse impact on consumers who use and are users of the final product. The Consumer Protection Law accommodates two important principles, namely product liability and professional liability. Business actors are obliged to be responsible for consumers who suffer losses due to defects in the products circulated by business actors.
The Responsibility of Social Security Organizing Agency (BPJS) When Participants are Rejected by Hospital in the Perspective of Civil Agreement Law Setyo Trisnadi
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32488

Abstract

BPJS participants often experience discrimination by hospitals, hospital services for general patients and BPJS participants are very different. The purpose of this research is to analyze Position of Health Insurance Agreement and to analyze Liability of the Social Security Agency in the Case of Rejection of BPJS Participants by Hospitals in the Perspective of Civil Agreement Law. The method used in this study was normative method. Normative legal research in its development is research that uses the study of legal behavior concluded in legislation. BPJS neglect of its participants when there is a rejection by its partner hospitals is an act of default for BPJS participants. So it is clear that the neglect of BPJS towards its participants in the issue of rejection of BPJS participants by BPJS partner hospitals is clearly an action that violates the obligations, duties, and responsibilities of BPJS towards BPJS participants, this is not in accordance with what is promised in the health social security agreement made by BPJS with its participants.
The Ideal Arrangement of Legal Protection for Informal Sector Workers in the Perspective of the Principles of Legal Certainty, Justice and Expediency Wandi Wandi
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32321

Abstract

This research discusses the ideal arrangement of legal protection for informal sector workers in the perspective of the principles of legal certainty, justice, and expediency. This research method is normative juridical with a socio-normative approach. While data analysis is deductive. From the results of the research, it is found that labour arrangements as a form of legal protection for Informal Sector Workers need to apply the principle of proportionality, which is a principle that requires material balance and accuracy with an emphasis on the balance between the burden caused (the means used) and the interests supported (objectives), because informal sector workers carry out work relations on the basis of trust and individual business tendencies, the regulation of labour control needs to pay attention to the condition of the employer's ability to apply the work rules that have been determined, in addition to the need to reconstruct the notion of work relations and redefine work agreements in order to provide legal protection to informal sector workers. The current regulatory policy in the field of employment still exists and is structured based on the joints of colonial legal products that place workers as objects or objects that become one of the production factors in the business sector.
The Legal Protection of Copyrighted Musical Works Used for Commercial Purposes Erniyanti Erniyanti
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32633

Abstract

The purpose of writing this journal is to know the legal arrangement of copyright protection of musical works used for commercial purposes, and know the legal protection of copyrighted musical works used for commercial purposes. The author is interested in further research where the research aims to analyze Legal Arrangements for Copyright Protection of Musical Works Used for Commercial Purposes and Legal Protection of Copyrighted Musical Works Used for Commercial Purposes. The method used is a nomative approach through literature study, and empirical approach through field research by conducting a series of interviews with respondents and informants to obtain field data. The results showed that, the legal regulation of copyright protection of musical works used for commercial purposes can be analyzed within the framework of John Austin's positive law theory as an order given by the sovereign ruler to protect the copyright of the owner of the musical work. Compliance with these rules is essential as copyright infringement can have serious legal consequences as stipulated in Act No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on the Management of Royalties for Copyright of Songs and/or Music.
The Legal Protection for Workers Who Exceed the Overtime Limit Based on the Labor Law Masitah Pohan
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32462

Abstract

This research is based on legal problems against workers who work overtime, which is not in accordance with labor laws and regulations. The problems raised in this study are how legal protection for workers who work over the overtime limit based on labor law and obstacles in the implementation of legal protection for workers who exceed the overtime limit based on labor law. The purpose of this study is to determine the legal protection of workers who work overtime based on labor law and obstacles in the implementation of legal protection for workers who exceed overtime working time limits. This research uses descriptive analytical research methods, the approach used is normative juridical. The approach method used in this research is the statute approach. The implementation of legal protection for workers who exceed the working time limit has not been fully implemented based on Article78 letter b, namely overtime working time which can only be done at a maximum of 3 hours in 1 day and 14 hours in 1 week. The inhibiting factors are the lack of maximum worker performance in carrying out a job and the lack of labor owned by the company.
The Credit Restructuring as a Step for Bank Financial Rescue Liu Shang Wei
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.33282

Abstract

One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
The Forms of Legal Protection of Patient Medical Records in Online Health Services Harsono Njoto
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.33462

Abstract

Health services online should have special regulations, the goal is that online consultations on medical records must be protected by law for the protection of doctors, system administrators, and patients. The purpose of this research is to analyze the Legal Basis for the Implementation of Online Health Services, Forms of Legal Protection of Patients against Online Health Services and Patient Rights as Users of Online Health Services & Responsibilities of Online Health Service Providers in Aspects that Harm Patients. The methodology uses normative juridical with a legal and conceptual approach. Health services performed by doctors online must comply with the Information and Electronic Transaction Law, the Health Law, and the Medical Practice Law and related regulations. The confidentiality of patient data must be maintained and must maintain data security to avoid data leakage which will be misused by people who do not have rights. The patient must provide the correct complaint so that the doctor can give the right advice. Patients have the right to choose a doctor who has the ability and expertise and the right to receive clear information regarding their health. If there is no meeting point on the existing problems, a lawsuit can be filed in court.

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