Journal Indonesia Law and Policy Review (JILPR)
Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
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<![CDATA[RECEIVING ACHIEVED IN BANKRUPTCY ORIGIN FROM SUSPENSION OF DEBT PAYMENT OBLIGATIONS ]]>
<![CDATA[Horman Siregar]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.129
<![CDATA[Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (PKPU) only prohibits debtors from submitting a reconciliation plan if declared bankrupt based on Article 285, Article 286 and Article 292. Thus, the decision to declare bankruptcy resulting from other than the provisions of Article 285, Article 286 and Article 291 of the Bankruptcy and PKPU Law, it is still permissible to propose a reconciliation plan in bankruptcy in accordance with the provisions of Article 144 of the Bankruptcy and PKPU Law. Article 144 of the Bankruptcy Law & PKPU states that every bankrupt debtor has the right to offer peace to all of his creditors. That is, the settlement can be offered by the debtor after the debtor is declared bankrupt by the Commercial Court. This research aims to answer legal issues regarding the legal position of debtors and creditors in bankruptcy after the rejection of the peace plan in the PKPU process. To answer the research problem, this study uses a type of normative legal research with a statutory approach, a conceptual approach, and a case approach in the form of a Surabaya Commercial Court decision which has permanent legal force. The data used are secondary data in the form of primary, secondary and tertiary materials, obtained through library research or document studies. The results of this study indicate that debtors and creditors can still reach peace even though the Commercial Court has declared the debtor in a state of bankruptcy originating from PKPU. The legal considerations of the panel of judges in ratifying the reconciliation of PT Anugrah Kembang Sawit Sejahtera in bankruptcy originating from PKPU as stated in Decision No. 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby at the Commercial Court at the Surabaya District Court is the result of voting for a bankruptcy debtor's settlement proposal that has been approved by creditors in accordance with Article 151 of the Bankruptcy Law and PKPU which is then set forth in a peace agreement. In addition, the Court did not find any reasons for refusing to ratify the settlement in accordance with Article 159 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, the court is obliged to give a decision regarding the ratification of the settlement.]]>
<![CDATA[LEGAL CERTAINTY FOR LAND DISPUTE SETTLEMENT IN REGULATION OF THE MINISTER OF AGRARIA NUMBER 21 OF 2020 REGARDING HANDLING AND SETTLEMENT OF LAND CASES ]]>
<![CDATA[Muhamad Irayadi]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.130
<![CDATA[Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Settlement of Land Cases in which dispute resolution through the BPN aims to provide justice and legal certainty to the community regarding land tenure, ownership, use and utilization. In this study, the author uses normative/juridical legal research methods and the results of the discussion of the agrarian dispute resolution mechanism can be carried out by resolving disputes through the Courts and dispute resolution outside the court and handling cases carried out by the Ministry of ATRBPN as stated in CHAPTER IV PermenATR/Ka.BPN Number 21 of 2020 concerning Handling and Settlement of Land Cases.]]>
<![CDATA[TRANSFORMATION OF PUBLIC LEADERSHIP IN INDONESIAN INDUSTRIAL REGIONS IN THE LAST TWO DECADES ]]>
<![CDATA[Af Sigit Rochadi]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.131
<![CDATA[This article aims to explain the transformation of public leadership in the city of Batam. The research method used is semi-qualitative (quasy qualitative) and the results show that as an industrial society, charismatic leadership still takes place in the city of Batam. This type of leadership is mainly found in associations with the main basis of ethnic and tribal ties. Charismatic leadership is maintained through the preservation of the culture of origin in the city of Batam and events involving the heads of the ethnic origin areas. Transactional and transformational leadership does not work due to the dominance of the bureaucracy which is subject to the direction of the mayor. Even though each department has a work program and vision and mission, they are not a guide for leaders in moving the organization. The work program was defeated by the 'mayor's directive'. This happened because of the high dependence of service heads on the mayor. Bureaucratic domination supports the blunting of transformational leadership. The mayor who is directly elected by the people is a central figure in Batam so that the direction of change and resource mobilization can only come from the mayor. For this reason, continuous bureaucratic reform with transparent financial accountability is needed in order to restore transactional leadership.]]>
<![CDATA[LEGAL PROTECTION FOR WORKERS IN THE PERSPECTIVE OF CERTAIN TIME EMPLOYMENT AGREEMENTS (PKWT) POST EMPLOYMENT CREATION LAW ]]>
<![CDATA[Yana Sukma Permana]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.132
<![CDATA[The protection of workers in Indonesia that must be carried out by every entrepreneur or company, namely regarding the maintenance and improvement of welfare. Specific Time Work Agreement (PKWT) is a work agreement between the employer and the employee who agrees to establish a work relationship for a certain time. In this PKWT system, work relationships are created because there is a job that must be completed by the worker within a certain period of time which is quite short, namely monthly or for several years. The research method used is normative juridical research. The results of the research show that in the Job Creation Law, there are several changes related to the provisions regarding work agreements for a certain time which are regulated in the Manpower Law. Then the Manpower Law only regulates provisions for the type of minimum wage, while in the Job Creation Law, namely the provisions in Article 81 Point 25, Article 88A to Article 88E is added between Article 88 and Article 89.]]>
<![CDATA[THE INFLUENCE OF EMPLOYEE COMPETENCE, WORK CULTURE AND WORK FACILITIES ON SERVICE QUALITY AT PUSKESMAS KECAMATAN TAMAN SARI KOTA ADMINISTRATION, WEST JAKARTA ]]>
<![CDATA[Mabruri]]>;
<![CDATA[Paisal Halim]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.135
<![CDATA[Public service is the responsibility of the government which is mandated by the 1945 Constitution and is carried out by all central and regional government agencies. Public service is a form of embodiment of the function of the state apparatus in providing welfare and meeting the needs of the community. Health development held at the Puskesmas which was echoed in Permenkes No. 43 of 2019. Adequate health services are the foundation of the community and become one of the basic needs besides food and education. The Taman Sari District Health Center as a regional work unit of the DKI Jakarta Provincial Health Office generally provides preventive, promotive, curative and rehabilitative health services. The purpose of this study was to analyze and evaluate the effect of employee competence, work culture and work facilities on service quality at Taman Sari Health Center. The research method was causality research with a quantitative approach. The type of data used in this study uses primary data collection. The data received in the questionnaire is in the form of ordinal data. The population in this study were workers at the Taman Sari District Health Center, which amounted to 120 people. This research uses probability sampling technique in taking samples by random sampling. Determination of the sample size is done by the Slovin method. The standard error is 10%. The results of this study partially show that employee competence has an effect of 11.5%, work culture has an effect of 24.8% and work facilities have an effect of 46.9% on service quality and simultaneously variables of employee competence, work facilities and work culture are influenced by 83,2% and the rest is influenced by other variables outside the study.]]>
<![CDATA[LEGAL PROTECTION OF CANCER PATIENTS’ SOCIAL SECURITY PARTICIPANTS IN TARGETING THERAPY SERVICES IN HOSPITAL ]]>
<![CDATA[Made Agus Suanjaya]]>;
<![CDATA[Sutarno Sutarno]]>;
<![CDATA[Mohammad Zamroni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.141
<![CDATA[The purpose of this study to analyse laws and regulations as legal protection for social security participants in targeting therapy services in hospitals and to analyse the responsibility of the hospital for targeting therapy services. Legal protection for cancer patients participating in social security in targeting therapy services in hospitals in accordance with what is regulated in the 1945 Constitution, then Law Number 29 of 2004 concerning Medical Practice; Law of the Republic of Indonesia Number 36 of 2009 concerning Health, which shows that the state present in providing protection and legal protection to its people. So in practice in the field, both hospitals and medical personnel must stick to this rule so that cancer patients participating in social security receive optimal service in accordance with the latest scientific principles of medicine without violating applicable laws so as to create harmony between optimal patient treatment and applicable law. Hospital responsibility for targeting therapy services is crucial/important where hospitals have criminal responsibility regulated in the Criminal Code, civil liability related to default and unlawful acts as stated in the Civil Code and also administrative responsibility which is regulated in the rules medical.]]>
<![CDATA[LEGAL RESPONSIBILITIES OF THE LOCAL GOVERNMENT TO REDUCE THE ADDITIONAL INCOME OF EMPLOYEES OF THE CIVIL SERVANT FOR HEALTH PROFESSIONALS ]]>
<![CDATA[Baiq Yulia Handayani]]>;
<![CDATA[Asmuni]]>;
<![CDATA[Mohammad Zamroni]]>;
<![CDATA[Ninis Nugraheni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.143
<![CDATA[The main objective of this study is to analyze the legal consequences of reducing the provision of additional income for health workers and to analyze the legal responsibility of local governments for reducing the right to provide additional income for health workers. The method used in this study is a normative juridical research method, so the approach taken in this research is a statutory approach (statute approach), historical approach (historical approach) and conceptual approach (conceptual approach). The results of the findings and studies in this study, it can be concluded that the legal consequences that occur if the actions taken by the local government to reduce the provision of additional income for Health Workforce Employees if they cannot be accounted for are revocable and invalid. So that the decision issued in February 2022 may be canceled, so that the Regent's regulation Number 1 of 2022 is reinstated. The legal responsibility of the local government regarding the reduction of the right to provide additional income for health workers is to return to the legal basis for providing additional income for employees based on government regulations number 12 of 2019 by looking at the principles of providing additional employee income which include the principles of justice, welfare and having legal certainty.]]>
<![CDATA[LEGAL PROTECTION OF CREDITORS RELATED TO COLLECTIVE RIGHTS ON LAND THAT HAVE NOT BEEN CERTIFIED AS A RESULT OF THE PROCESS OF REGISTRATION OF LAND RIGHTS HAS NOT BEEN COMPLETED ]]>
<![CDATA[Hera Widjayanti]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.148
<![CDATA[Legal protection for creditors regarding their existenceMortgage rights over land that have not been certified as a result of the process of registering land rights that have not been completed, and using normative juridical research types with statutory approaches and conceptual approaches. The results of this study conclude that the results of the research show that the legal consequences of the registration of land rights that have not been completed (hereinafter referred to as apht) to bank credit agreements made by the parties before a notary/official making land deeds (hereinafter referred to as ppat) is that the creditor does not have aa priority position . Where is the form of legal protection that can be given to creditors as a form of anticipation. The creditor's right to collateral in the event that the apht is not completed, that is, does not give precedence rights compared to other creditors. The purpose of imposing mortgage rights is to provide legal protection and certainty to all parties (especially creditors) and also to fulfill the principle of publicity. Article 1 paragraph (1) of the law on mortgages regulates provisions regarding the granting of mortgage rights from debtors to creditors in respect of debts secured by mortgage rights. The granting of this right is intended to give priority to the creditor concerned (preferred creditor) over other creditors. Thus the granting of a mortgage is a guarantee for repayment of the debtor's debt to the creditor in connection with the loan/credit agreement in question. Mortgage rights will not arise without APHT registration. The conclusion in this study is that legal protection is all kinds of activities carried out to provide a safe, comfortable and lawful environment. To guarantee legal certainty and defend the rights of creditors in granting credit, all efforts must be made in providing legal certainty and fair agreements between creditors and debtors such as preventive and repressive legal protection.]]>
<![CDATA[LEGAL RESPONSIBILITY OF DOCTORS WHO WITH HOLD THERAPY IN PATIENTS WHO DO NOT PAY FOR MEDICAL TREATMENT IN THE HOSPITAL ]]>
<![CDATA[Dewi Puspitorini Husodo]]>;
<![CDATA[Sutarno]]>;
<![CDATA[Asmuni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.149
<![CDATA[Every year in Indonesia, hundreds of patients run away due to medical financing. No payment for medical services, consumables, and infrastructure costs used for the treatment of these patients causes material and immaterial losses for health workers and hospitals. As a result of this rampant, several hospitals, especially private hospitals, have implemented a down payment system. The problem and purpose of this study is to analyze the legality and legal responsibility of doctors who stop therapy for patients who do not pay for medical treatment. This study uses normative research methods with statutory approaches, conceptual approaches and comparative approaches. Doctors in carrying out their medical practice have the right to receive compensation for services and patients have the obligation to pay fees for the services they receive in accordance with the Medical Practice Law. If the patient does not fulfill his obligations to pay for the services he has received, the hospital and the doctor can sue the patient for default. If the patient does not fulfill his obligations to pay for the services he has received, the hospital and the doctor can sue the patient for default. If in the process of discontinuing therapy causes the patient to fall into a state of serious injury, disability or death, doctors and hospitals may be subject to criminal responsibility, civil and administrative liability. If the patient does not fulfill his obligations to pay for the services he has received, the hospital and the doctor can sue the patient for default. If in the process of discontinuing therapy causes the patient to fall into a state of serious injury, disability or death, doctors and hospitals may be subject to criminal responsibility, civil and administrative liability.]]>
<![CDATA[LEGAL PROTECTION FOR BORN BABIES FROM THE ECTOLIFE PROGRAM ]]>
<![CDATA[Indri Hapsari]]>;
<![CDATA[Sutarno]]>;
<![CDATA[Andika Persada Putera]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 4 No 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v4i3.150
<![CDATA[This research aims to analyze the legal protection of babies born from the EctoLife program and its ethical aspects. The research method used is a normative juridical research method with a statutory and conceptual approach. The data collection technique used is by means of literature research. The results showed that the EctoLife baby program according to positive law in Indonesia does not yet exist because the research is also only conducted in the trial stage on animals with partial ectogenesis design. EctoLife Bioethically prohibited both internationally and in Indonesia due to the prohibition of growing embryos longer than 14 days and the prohibition on selecting gender, skin color and other traits for genetic engineering other than for medical purposes.]]>
