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DOKTRINA: JOURNAL OF LAW
Published by Universitas Medan Area
ISSN : 26207141     EISSN : 2620715X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law.
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Articles 8 Documents
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Search results for , issue "Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020" : 8 Documents clear
Pertanggungjawaban Pidana Terhadap Anak di Bawah Umur Pelaku Kecelakaan Lalu Lintas yang Mengakibatkan Kematian Aldo Fahrezi Raja Muda Lubis; Alpi Sahari; Surya Perdana
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4097

Abstract

Traffic accidents are events that are not intended to be expected and are expected to be used in the way of law and forms of legal action and human rights. Based on the results of the study, it was found that in the determination of the provisions and the portion of the traffic accident accidents which resulted in the loss of others most of the traffic accidents caused the loss of someone involving someone as the culprit, the judge was decided through restorative justice through the university. Another verdict handed down by the judge is the trial and trial of the victims of traffic accidents that cause the loss of lives of others. That the protection of the law confronts the victim of a traffic accident that causes the death of another person through the universe. This is based on the provisions of Law No. 11 of 2012 in Article 2 in the implementation of the Criminal Justice System for Children and the children, based on the basis of protection, justice, non-discrimination, the importance of the best part, the appreciation of the needs of the part, the survival and development of the children, guidance and guidance of the ministry, the promotion and the promotion of the sector, the promotion and the guidance of the civil society, the promotion and promotion.
Tindak Pidana Mengedarkan Sediaan Farmasi Tanpa Izin Edar Menurut UU No. 36 Tahun 2009 Tentang Kesehatan (Studi Putusan Nomor: 739/Pid.Sus/2014/PT-Mdn) Afifah Naurah salsabilla Nasution; Dedi Gopindo Purba; Juwanda Calvari Ginting Munthe; Sonya Airini Batubara
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3945

Abstract

The rise of drug distribution without a marketing authorization in society is very concern us as members of the community. This shows the level of public awareness of the law is still very low so it tends to commit criminal acts including the distribution of pharmaceutical preparations without marketing authorization. This research was conducted to find out how the legal arrangements against criminal acts circulate pharmaceutical preparations without marketing authorization and the efforts made to overcome them. This research uses normative juridical methods by using secondary data through literature studies. The results of the research conducted can be concluded that the crime of distributing pharmaceutical preparations without marketing authorization regulated in Law No. 36 of 2009 concerning Health functions as optimizing criminal law as a means of preventing crime. The application of this Act is expected to ensnare perpetrators of criminal offenses to circulate pharmaceutical preparations without marketing authorization. As well as the efforts that can be made in handling these criminal acts are carried out with penal and non-penal policies.
Analisis Terhadap Ketua Yayasan yang Rangkap Jabatan Di Indonesia: Sebuah Potensi Konflik Kepentingan Xavier Nugraha
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4110

Abstract

The aim of this legal research is toto analyze the relationship between the head of the foundation who has concurrent positions so that there is the potential to create a conflict of interest. The formulation of the problem in this study is First, namely, how is the chairman of the foundation's arrangement in Indonesia? and Second, namely, how are provisions related to concurrent positions that can cause conflicts of interest to the chair of the foundation in Indonesia? This research is legal research using a statutory and conceptual approach. Based on this research, it was found that there are two models of concurrent positions that have the potential to cause conflicts of interest, namely concurrent positions with internal positions and concurrent positions with external positions. In Indonesia, related to the chairman of the foundation, what is banned is a dual position with an internal position, such as supervisors and supervisors. Associated with the chairman of a foundation who has concurrent positions with an external position, such as being an administrator in a different foundation is not prohibited, but if the concurrent positions cause the foundation's chairman, it harms the foundation, then the chairman of the foundation can be dismissed, and even has the potential to be held personally responsible.
Penerapan Pelayanan Kesehatan Bagi Peserta BPJS yang Kurang Mampu Berdasarkan UU No. 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial Sonya Airini Batubara; Piters Alfredo Sihombing; Perimanta Riji Ginting; Heru Putra Perangin-Angin
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3949

Abstract

The implementation of health services is carried out through organizations to maintain and improve health, prevent and cure an illness and restore the health of disadvantaged people. The purpose of this study is to understand government policies and legal policies in the BPJS Health service delivery system for disadvantaged BPJS participants. The research method used by the writer is analytical descriptive method, which is a method that describes, examines, explains and analyzes a legal rule to solve an actual problem. Based on the results of the study, it was concluded that in order to fulfill and realize the rights of every citizen in obtaining appropriate health services and the government's obligation to provide health facilities as mandated by the 1945 Constitution and health is a Public Good, intervention from the Government is needed. Bearing in mind that the implementation of the BPJS is issued through a Law which regulates while the process of determining the implementation is strengthened through a decree or decree from an authorized state official such as a Government Regulation and Presidential Regulation at least 10 derivative regulations must be made to strengthen an BPJS implementation.The implementation of health services is carried out through organizations to maintain and improve health, prevent and cure an illness and restore the health of disadvantaged people. The purpose of this study is to understand government policies and legal policies in the BPJS Health service delivery system for disadvantaged BPJS participants. The research method used by the writer is analytical descriptive method, which is a method that describes, examines, explains and analyzes a legal rule to solve an actual problem. Based on the results of the study, it was concluded that in order to fulfill and realize the rights of every citizen in obtaining appropriate health services and the government's obligation to provide health facilities as mandated by the 1945 Constitution and health is a Public Good, intervention from the Government is needed. Bearing in mind that the implementation of the BPJS is issued through a Law which regulates while the process of determining the implementation is strengthened through a decree or decree from an authorized state official such as a Government Regulation and Presidential Regulation at least 10 derivative regulations must be made to strengthen an BPJS implementation.
Perlindungan Hukum Hak Waris Anak dari Perkawinan Poligami yang Tidak Dicatatkan (Studi Putusan Mahkamah Agung No. 671K/Ag/2015) Fitri Ayu Sari Wijaya
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4140

Abstract

The legal protection for the children from unregistered polygamous marriages can be gained through an application for itsbat marriage or marriage ratification to the Religious Court pursuant to Article 7 paragraph (2) of the Compilation of Islamic Laws. The application is submitted to the Religious Court. By the decree stipulated by the court, the children from the unregistered polygamous marriages will gain legal status as legitimate children. The inheritance right status of the children according to the Compilation of Islamic Laws is granted only to children who have nasab relationship or blood relation with the mother and mother’s family, pursuant to Article 100 of the Compilation of Islamic Laws. The Verdict of the Supreme Court Number 46/PUU-VIII/2010 is resulted from a judicial review to Article 43 of Marriage Act stating that the children from unregistered marriages also obtain the similar inheritance right status as the children from a registered one. The legal consideration of the judge in the Verdict of the Supreme Court Number 671 K/Ag/2015, according to the legal certainty stipulated in the laws, is already right, since it is in line with the provisions in Article 2 paragraph (1) and (2), Article 42 and Article 43 of the Marriage Act due to the absence of the marriage certificate that can prove when the marriages took place. However, the verdict has not fulfilled the justice value of inheritance right of children from the unregistered polygamous marriage
Penerapan Surat Dakwaan oleh Jaksa Penuntut Umum Berdasarkan Hukum Positif Indonesia Freddy Simanjuntak; Dianita Eka Hutabarat; Widya Estella; Dendy Natalius Purba
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.3950

Abstract

An indictment is a letter made or prepared by the public prosecutor attached when submitting a case file to the court containing the name and identity of the criminal when and where the act was carried out carefully and clearly regarding the act committed. The purpose of this study is to understand the application of the indictment by the public prosecutor based on positive Indonesian law. The research method used by the writer is a descriptive analytical method, which is a research method that illustrates and explains the topic or title as well as the problems that arise from the topic through a literature study. will cause the defendant to be released from all charges or result in the cancellation of the indictment itself. The Public Prosecutor must pay attention to the selection of the indictment and editorial technical forms.
Penetapan Daluwarsa dalam Pertanggungjawaban Notaris Terhadap Akta yang Dibuatnya Eunice Primsa Munthe
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4050

Abstract

Notarial Act (UUJN-P) does not stipulate the perimeters of notaries’ liability concerning the deeds they have drafted, resulting uncertainty to notaries or retired notaries that they are shadowed for life by sentences that can be imposed anytime. This is a normative juridical research with analytical description. It uses primary data collected from interviews with two notaries, and secondary data collected from primary, secondary, and tertiary legal materials. Article 1967 of the Civil Code states that the time period of an expiration date was 30 years. Meanwhile, Article 78 paragraph (1) number 3 states that lawsuits in a penal case are expired in twelve years. The form of notaries’ liability for provisions of the expiration dates that cannot be implemented for the deeds they have drafted have to still be liable in civil law, penal law, Regulations on Notary Position concerning material authenticity, and the code of ethics of notaries in performing their duties. That there is not any provisions in the Notarial Act that regulate notaries’ liability after they completed their term of office.The provisions on expiration dates of notaries’ liability are not assertively stipulated in the Civil Code, but there is not any provisions on its enactment to notaries as a legal subject. It is recommended that more specific provisions be made to regulate the expiration dates. It is suggested that the goverment of Indonesian create a particular regulation concerning the limitations of notaries’ liability for the deeds that they have drafted after their term of office ends. It is also suggested that notaries be truthful, conscientious, independent and impartial in drafting deeds and providing services, and comprehend as well as have knowledge of provisions in the prevailing laws and regulations, propriety, and morality.
Perdamaian Sebagai Upaya Penghapusan Proses Pidana (Studi Kasus Putusan Mahkamah Agung Nomor 1600 K/Pid/2009) Nanang Tomi Sitorus
DOKTRINA: JOURNAL OF LAW Vol 3, No 2 (2020): Doktrina:Journal of Law Oktober 2020
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v3i2.4025

Abstract

The reasons in the criminal eradication process are something that often occurs in the criminal law enforcement process, namely the peace of the litigants. Related to the process of eliminating a criminal in the decision of the Supreme Court Number 1600 K / PID / 2009, there is a reason for forgiveness by the victim to revoke his report even though the case is a criminal case. This type of research is normative juridical and analytical descriptive. Legal arrangements related to peace as an effort to eradicate crime are regulated in Article 75 book I chapter III of the Criminal Code and legal considerations by judges related to peace as an effort to eliminate crimes namely that between the Defendant and the victim have a good intention to make peace so that it gives greater benefits and has greater value high, then the form of accountability cannot be asked of the Defendant.

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