Articles
10 Documents
Search results for
, issue
"Vol 13 (2021): November"
:
10 Documents
clear
<![CDATA[Juridical Analysis of Court Decision Number 275/Pid.Sus/2019/Pn.Sby About the Word Idiot ]]>
<![CDATA[Herni Eva Wulandari]]>;
<![CDATA[Emy Rosnawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (2423.647 KB)
|
DOI: 10.21070/ijler.v13i0.734
<![CDATA[This study aims to analyze the legal considerations made by the judge to sentence the defendant in a criminal case of insulting idiots in Ahmaddhaniprast's Instagram vlog. This research is based on the judge's decision which does not pay attention to the juridical facts and only pays attention to the indictment and the demands of the Public Prosecutor. Methods This research uses a normative legal research type that examines primary legal materials and secondary legal materials using the following approaches: legislation approach; and case approach, as well as descriptive qualitative analysis of legal materials. The results of this study indicate that the legal considerations made by the Judge in Decision No. 275/Pid.Sus/2019/Pn.Sby., only paid attention to the Indictment and the demands of the Public Prosecutor and ignored the Defendant's Statements, Witness Statements, Expert Witness Statements and Evidence. in the trial, so that the judge's decision is not in accordance with the legal facts that occurred. The judge was not right in applying the rules in making a decision based on Article 27 paragraph (3) ITE by referring to Articles 310 and 311 of the Criminal Code regarding blasphemy and slandering someone who has committed a certain act, due to the fact that idiotic remarks were not directed or accused at someone. The judge should have enforced the provisions of Article 27 paragraph (3) of the ITE Law by referring to Article 315 of the Criminal Code, because the element of light humiliation (eenvoudige belediging) was fulfilled as stated by witnesses, expert witnesses and the statements of the Defendant.]]>
<![CDATA[Enforcement of the Code Of Ethics of Pharmacist Proffesion in Kabupaten Sidoarjo ]]>
<![CDATA[Ulfa Nuraini Hamdani]]>;
<![CDATA[Sri Budi Purwaningsih]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (3257.509 KB)
|
DOI: 10.21070/ijler.v13i0.735
<![CDATA[This study raises the formulation of the problem on how to Enforce the Code of Ethics of the Pharmacist Profession in Sidoarjo Regency and how the Ethical Accountability can be imposed on Pharmacists if they commit a violation. Pharmacists namely PC IAI Sidoarjo Regency and MEDAI D East Java were then linked to existing regulations and libraries, based on the analysis conducted, it was found that the enforcement of the code of ethics for the pharmacist profession in Sidoarjo Regency is the responsibility of the East Java Regional MEDAI, besides that there is still a lack of open access for the community. as well as a monitoring pattern that is only based on complaints, besides that, it is also found that there is a distribution of criteria for violations in the implementing regulations that are not specifically explained, based on the results of the analysis, it can be concluded that enforcement The code of ethics for the pharmacist profession in the district still tends to be passive because it is only based on complaints without direct supervision.]]>
<![CDATA[Legal Protection for Transfer Company Employees after Law Number 11 Year 2020 ]]>
<![CDATA[Minan Zuhri Asnawi]]>;
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1211.205 KB)
|
DOI: 10.21070/ijler.v13i0.736
<![CDATA[Legal protection includes a series of legal actions that must be taken by law enforcement officers to ensure a sense of security, both mental and physical, from interference and threats from outside. To answer the problems above, the researcher uses normative research methods. The approach method used in this research is to assess the legal relationship between outsourced workers and employers based on Law no. 13 of 2003 and its implementing regulations. Researchers take a normative legal approach. The rules of Law 13 of 2003 as amended by Law 11 of 2020, regarding the employment relationship between outsourcing entrepreneurs and workers are not limited, as long as it is stated in the PKWT and PKWTT agreements. Article 61 a between articles 61 and 62 If the PKWT is terminated, the employer is obliged to provide compensation to the workers. This compensation is equivalent to severance pay for permanent employees if there is a concept that the company is obliged to pay compensation to its employees; however, this is a new provision that was not regulated in the previous Manpower Act.]]>
<![CDATA[Juridical Analysis of Court Decision No. 16/PID.SUS/2019/PN.Drh Regarding Criminal Sanctions For Teachers Who Do Violent Acts Against Students ]]>
<![CDATA[Asri Widya Trisnani]]>;
<![CDATA[Emy Rosnawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (832.587 KB)
|
DOI: 10.21070/ijler.v13i0.737
<![CDATA[This study looks at efforts to identify and analyze the juridical selection of the courtroom Number 16PID.SUS/2019/PN.Drh regarding Criminal Sanctions for Teachers Who Do Violence Against Students. And to find out and analyze the correctional basis used by judges in formulating decisions and making choices of punishment in their choices. The form of this research includes juridical-normative research, with a case approach, primary prison substance regulations Number 35 of 2014 concerning Amendments to Regulation Number 23 of 2002 concerning Infant Safety, Regulation Number 14 of 2014 2005 concerning Teachers and Lecturers. And Court Decision Number 16/PID.SUS/2019/PN.Drh, Deductive Information Analysis. The results of this study indicate that the juridical analysis of the selection of case files Number 16/PID.SUS/2019/PN.Drh concerning Criminal Sanctions for Teachers Who Do Violence against Students is not in accordance with the applicable laws and regulations. and policies, the basis of imprisonment used by judges in preparing decisions and sentencing in optional decisions, including the law on honorary teachers and teachers 14 of 2015 article 2 paragraph (4) and (five), then article 39 of a government regulation. Law of the Republic of Indonesia Number 19 of 2017 concerning Teachers and the Purpose for Their Students to Become Great Babies is not a crime.]]>
<![CDATA[Legal Protection for Creditors Holding Fiduciary Guarantee Due to Debtor Default ]]>
<![CDATA[Chyci Hesty Andari]]>;
<![CDATA[Noor Fatimah Mediawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (5585.291 KB)
|
DOI: 10.21070/ijler.v13i0.738
<![CDATA[This study aims to determine the form of legal protection for creditors holding fiduciary guarantees due to default debtors at PT Batavia Prosperindo Finance, Tbk Sidoarjo Branch. This type of research includes juridical-normative research, with a chase approach (case approach), primary legal materials. Civil Law/Burgelijk Wetboek and Article 33 of the 1945 Constitution and Letter of Credit Agreement from PT Batavia Prosperindo Finance, Tbk Sidoarjo Branch, deductive data analysis. The results of this study indicate that legal protection for creditors who hold fiduciary guarantees due to debtors who default (a case study at PT Batavia Prosperindo Finance, Tbk Sidoarjo Branch that preventive and familial legal protection is prioritized by PT Batavia Prosperindo Finance in the form of demanding the debtor for the fulfillment of performance only , fulfillment of achievements accompanied by compensation (Article 1267 of the Civil Code), demanding and asking for compensation (only possible losses due to delays, cancellation of agreements, cancellations accompanied by compensation. Settlement of debtor defaults can be done through litigation by reporting to the authorities and also through other channels). Non Litigation, namely negotiations with the debtor.]]>
<![CDATA[Analysis of the Decision of the Kotabumi District Court Decision Number: (109/PID.SUS/2019/PN) regarding Nursing Personnel Who Perform Operations without Delegation of Authority from Doctors ]]>
<![CDATA[Anis Fitria]]>;
<![CDATA[Emy Rosnawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (5181.403 KB)
|
DOI: 10.21070/ijler.v13i0.739
<![CDATA[This study aims to determine the juridical analysis of the decision of the Kotabumi District Court with the number 109/PID. SUS/2019/PN KBU. The research method that the author uses is a normative juridical approach using a case approach or commonly known as a case approuch. The conclusion in this study explains that the decision of the Kotabumi District Court with the number . 109/PID. SUS/2019/PN KBU is appropriate because the delegation of authority from doctors to nurses as described in Article 29 paragraph 1 letter e of the Nursing Law is not merely in writing, but the delegation has been included in the SIP. therefore jumraini was found guilty because he was proven to have violated article 46 paragraph (1) and was subject to administrative sanctions.]]>
<![CDATA[Critical Review on New Indonesia Law on Labour Rights ]]>
<![CDATA[Memed Hermanto]]>;
<![CDATA[Sri Budi Purwaningsih]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1202.653 KB)
|
DOI: 10.21070/ijler.v13i0.740
<![CDATA[After the promulgation of Law Number 11 of 2020 concerning Job Creation on November 2, 2020, many academics and practitioners considered material and formal defects who studied this issue. 2003 concerning Employment. So that the problems that arise related to the legal protection of workers' rights according to the Employment Copyright Act of labor clusters in the perspective of the East Java FSPMI, this is very far from the meaning of legal protection for workers. The purpose of this study is to examine the basic reasons for trade unions/labor unions in rejecting Law Number 11 of 2020 concerning Job Creation (employment clusters). The method used in this research is socio-legal which examines the perception and behavior of humans and legal entities that occur in the field, which emphasizes the importance of empirical observation, observation and analytical steps. The conclusion of this research is that when the Employment Copyright Law is enacted, there are still many shortcomings and weaknesses that tend to be detrimental to Workers/Labourers which of course has the potential to create new problems in industrial relations between employers and workers. Taking into account these conditions, it is clear that the position of workers/labourers does not have legal protection and there is a guarantee of justice in terms of protection of job security, protection of income certainty and protection of social security, this is far from the ideals of the spirit of labor law to provide protection for all workers and their families.]]>
<![CDATA[Law Enforcement Against the Crime of Trading in Protected Animals (Case Study Decision Number: 3295/Pid.B/Lh/2019/Pn.Sby) ]]>
<![CDATA[Sarda Novanda]]>;
<![CDATA[Emy Rosnawati]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (6606.742 KB)
|
DOI: 10.21070/ijler.v13i0.741
<![CDATA[The purpose of this study is to analyze law enforcement practices on the criminal acts of protected wildlife trade and analyze legal considerations by judges on Decision No. 3295/Pid.B/LH/2019/PN. Sby. The results show that law enforcement practices on the criminal act of trafficking protected animals is referring to Law No. 5 of 1990 on Conservation of Biological Natural Resources and Ecosystems. The results also showed that the legal consideration by the judge on The Verdict Number: 3295/Pid.B/LH/2019/PN. Sby has considered sociological, philosophical and juridical considerations so that the granting of imprisonment for 1 (one) year and a fine of Rp 25,000,000 (twenty-five million rupiah) provided that if the fine is not paid will be replaced with a fine of 1 (one) month in prison is considered appropriate and effective.]]>
<![CDATA[Criminal Liability for Large-scale Social Distancing Violations ]]>
<![CDATA[Apriliya Nursyabani Bachtyar]]>;
<![CDATA[Mochammad Tanzil Multazam]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1260.42 KB)
|
DOI: 10.21070/ijler.v13i0.745
<![CDATA[The legal politics of establishing large-scale social restriction regulations in the context of accelerating the handling of the Corona Virus Disease 2019 (COVID-19) which was formed in 2020. In this case, the legal politics has the flavor of punishment, which is reflected in the arrangement of criminal sanctions. In its determination, referring to the error is included in the qualification of an action that can be subject to criminal sanctions or not. The purpose of this paper is to describe the regulation of criminal sanctions in large-scale social restrictions regulationsn in order to accerlerate the handling of the Covid-19 virus. The type of research used is normative research with a statutory approach, case approach, and conceptual approach. The result found that there are large-scale social restriction regulations that refer to unlawful acts which in imposing sanctions are regulated in Article 93 of Law Number 6 of 2018 concering Health Quarantine with a maximum imprisonment of 1 (one) year and a fine of Rp.100.000.000.0,- (one hundred million rupiah).]]>
<![CDATA[The Effect of Innovation on the Performance of State Civil Apparatus at the Education and Culture Office ]]>
<![CDATA[Devina Ersandy]]>;
<![CDATA[Isna Fitria Agustina]]>
<![CDATA[ Indonesian Journal of Law and Economics Review Vol 13 (2021): November ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (13.744 KB)
|
DOI: 10.21070/ijler.v13i0.761
<![CDATA[In everyday life, we often hear the word Innovation. Innovation appears in the organization was first introduced by Schumpeter in 1934. Innovation is very important in organizations to increase the productivity of agencies. Innovation itself is an idea that is applied, and has a scientific basis. Underlying this research is that in fact there are still several factors that cause performance to be not optimal. The purpose of this research is to prove the effect of innovation on the performance of the State Civil Apparatus at the Education and Culture Office of Sidoarjo. This study uses quantitative methods and data collection techniques using interviews and questionnaires. Sampling used the total population of the State Civil Apparatus of the Education and Culture Office of Sidoarjo, namely 57 employees. The results of this study indicate that innovation has an influence on the performance of the State Civil Apparatus at the Education and Culture Office of Sidoarjo. Keywords – Innovation, employee performance.]]>
