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Luh Ketut Ayu Manik Sastrini
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Focus Journal Law Review
Published by UNIVERSITAS BALI DWIPA
ISSN : -     EISSN : 28297415     DOI : 10.62795
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Central Government Authority in Environmental Management in Provinces Luh Ketut Ayu Manik Sastrini
Focus Journal : Law Review Vol 1 No 1 (2021): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v1i1.3

Abstract

The authority of the Central Government and Regional Governments in environmental management is very large, so there needs to be clear restrictions on environmental management. With the authority possessed by the Regional Government, it is necessary to have a good form of supervision carried out by the Central Government so that various policies that damage the environment do not occur in the province. The Central Government must be active in conducting supervision so that environmentally sound development can be carried out properly by the Central Government and Regional Governments. If there are various problems that arise, the central government must handle them properly because the central government still has the authority to conduct various policy evaluations carried out by local governments so that local governments can exercise their authority proportionally in the field of environmental management. The Regional Government has the authority to manage the environment in the province. In carrying out government affairs under its authority, the regional government has the right to make policies in order to increase community participation in regional development. Law No. 9 of 2015 in conjunction with Law No. 23 of 2014 concerning Regional Government, there is a division of government affairs between the central government and local governments. The authority of the regional government is the authority that comes from the delegation of authority by the government to the autonomous region. The authority delegated to local governments, especially in environmental management, must be clearly regulated in a statutory regulation. Sustainable environmental management is a continuous environmental management. In this way, the impact of environmental management that is implemented will be felt in the long term. So that it can be felt by our next generation continuously.
Verplichte Overheidszaken Principle on the Perspective of Covid-19 Vaccination in Indonesia I Nyoman Prabu Buana Rumiartha
Focus Journal : Law Review Vol 1 No 1 (2021): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v1i1.4

Abstract

That the outbreak of Covid-19 in December 2019, made the entire world community feel the impact of the spread of the covid-19 virus. The COVID-19 pandemic poses a big challenge for the government of a country in an effort to improve the health status of the community, one of which is Indonesia. The government is trying to break the chain of disease transmission through vaccination efforts to prevent Covid-19 infection. The Covid-19 vaccination law policy in Indonesia related to Presidential Regulation of the Republic of Indonesia Number 14 of 2021 concerning Amendments to Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Overcoming the Corona COVID-19 Pandemic (Perpres 14 2021) has been issued by President. The Covid-19 vaccination aims to reduce the transmission or contagion of COVID-19, reduce morbidity and mortality due to COVID-19, achieve group immunity in the community, and protect the community from COVID-19 in order to remain socially and economically productive. Covid-19 vaccination during a pandemic is a Public Goods effort carried out by the Government as an Obligatory Public Health Functions, therefore all vaccination costs must be fully borne by the government as in line with the Verplichte Overheidszaken Principle in a country in organizing and or run the government.
Delegation of Authority from Dentists to Dental and Oral Therapists in Performing Medical Actions From a Legal Perspective Ni Made Witari Dewi
Focus Journal : Law Review Vol 1 No 1 (2021): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v1i1.5

Abstract

Legal protection for the dental and oral therapist profession in carrying out medical actions is often less of a concern because in certain circumstances dental and oral therapists take actions that are not under their authority but are the authority of the dentist. Regulation of the Minister of Health Number 20 of 2016 concerning Permits and Implementation of the Practice of Dental and Oral Therapists, among others, regulates the competence and authority of dental and oral therapists in medical procedures. So the researchers focused on the problem, namely how is the delegation of authority from dentists to dental and oral therapists in carrying out medical actions? The method used in this study is a normative research method and the problem approach used is the applicable law approach and the conceptual approach. The results of the discussion found that the delegation of authority of dentists to dental and oral therapists in medical actions viewed from a legal perspective is that dentists can delegate a medical or dental action to nurses, midwives or certain other health workers in writing in carrying out medical or medical actions. tooth. This is clearly stated in Ministerial Regulation Number 2052 of 2011 concerning Practice Licenses and Implementation of Medical Practices. In Regulation of the Minister of Health Number 20 of 2016 concerning Permits and Implementation of Dental and Oral Therapist Practices, dental and oral therapists can carry out services under the supervision of a mandated delegation of authority from dentists. The two legal umbrellas can certainly make understanding and legal protection for dentists and dental and oral therapists in carrying out medical actions.
Abortion Perspective of Rape Victims Criminal Law Study Anindya Prima Digantari
Focus Journal : Law Review Vol 1 No 1 (2021): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v1i1.6

Abstract

Whereas in the Indonesian legal system, the act of abortion/abortion is prohibited. Even the act of abortion is categorized as a crime in the context of criminal law so that the perpetrator and the person who helps to do it are subject to punishment. However, although most Indonesians are aware of these provisions, there are still many women who have abortions. This can be seen from the data submitted by researchers about the number of abortions that occur in Indonesia. Abortion is also often done by women who are victims of rape. The reason often put forward by women who are raped is that having a child as a result of rape will increase their inner pain because seeing the child will always remind them of the bad event. However, not always triggering events such as having too many children, pregnancy out of wedlock, and rape victims make a woman choose to have an abortion. There are also those who still maintain the womb on the grounds that the abortion is a sin, so he chooses to keep the womb. Whatever reason is put forward for abortion, if it is not due to medical reasons, the mother and the person who helped to abort the pregnancy will be punished with a crime. This is because positive law in Indonesia prohibits abortion. But on the other hand, if the pregnancy is not aborted, it will cause new problems, namely if the child is born from a poor family then he will not get a decent living, while if the child is born without a father, he will be ridiculed by the community so that he will live his life in shame. . This is because in eastern Indonesian culture, it is not possible to accept children born out of wedlock. This reason sometimes makes women who are pregnant out of wedlock desperate to have an abortion. So in this case how is the study of abortion in the perspective of criminal law in Indonesia.
The Position of State Institutions (Main & Supporting) Against the Trias Politica Concept Based on the Indonesian State Administration System Muhammad Hoiru Nail
Focus Journal : Law Review Vol 1 No 1 (2021): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v1i1.7

Abstract

State institutions in a country listed in its constitution are a reflection that the country exists to provide certainty that the country is present for its citizens. State institutions themselves in a constitution consist of at least 2 (two) namely the main state organs (main state organs) and state auxiliary bodies (state auxiliary body), but in the 1945 Constitution of the Republic of Indonesia this is not explicitly stated. The two state institutions have a very important role in the Indonesian state administration system. the existence of the trias politica concept affecting the position of state institutions guaranteed in the 1945 Constitution of the Republic of Indonesia, requires a complete and comprehensive understanding of the study of the powers of state institutions guaranteed in a constitution. The flow of changes to the 1945 Constitution of the Republic of Indonesia only on the pretext of the need or importance of existing state institutions and has not been explicitly stated in the 1945 Constitution of the Republic of Indonesia must be dammed considering the sacredness of the 1945 Constitution of the Republic of Indonesia must be maintained (it is not easy to change the 1945 Constitution of the Republic of Indonesia)
Return of State Financial Losses on Corruption Crimes: Return of State Financial Losses on Corruption Crimes Hidayatun Indriyani
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.18

Abstract

Corruption is an act of enriching oneself or prioritizing personal interests. Corruption can harm many parties, both society and the state. Corruption is a threat to the ideals of a just and prosperous society. Based on Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption in conjunction with Law Number 20 of 2001, it is explained that the return of state funds or losses has been confirmed not to eliminate the conviction of perpetrators of corruption. Even though the perpetrator of the corruption crime has returned the state finances that he had corrupted before the court decision was handed down, the legal process is still ongoing because the crime has occurred. However, the return of corrupted state finances can be one of the factors that ease the sentence for the defendant when the judge makes a decision.
Correlation Theory A.V. Dicey Perspective of the Rule of Law in Indonesia: Correlation Theory A.V. Dicey Perspective of the Rule of Law in Indonesia I Nyoman Prabu Buana Rumiartha
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.19

Abstract

The rule of law is not only subject to the rule of law, but also includes ethical (moral) values, good norms in this case contained in the law or as a civilization that lives in society for the public interest which has an impact on society. There is equality before the law, in this case everyone regardless of their position and class in society is subject to the same law. Likewise, state functionaries are subject to the same laws as those that apply to ordinary people. Law which is a series of regulations and or laws and regulations that give birth to state institutions and or government agencies that have their respective authorities granted by the laws and regulations, where such authority and power cannot be used outside the legal corridor. This is because it must be subject to the principle of equality before the law. Based on this, it is worth understanding the correlation between the theory of A.V. Dicey perspective of the rule of law in Indonesia on Pancasila and the Constitution.
Dimensions of Intellectual Property Rights Law Regulations in Indonesia: Dimensions of Intellectual Property Rights Law Regulations in Indonesia Anak Agung Sagung Ngurah Indradewi
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.20

Abstract

Intellectual Property Rights are private rights where a creator/inventor is free to invite or not to apply for the registration of his intellectual works. That in Indonesia the existence of intellectual property rights as rights to immaterial objects or intangible objects. Property rights arise from a person's ability to produce a work based on the work of his brain/intellectuality, the results of that intellectual work then grow the concept of ownership of an intangible object in the form of intellectual property rights. Whereas intellectual property rights also recognize the existence of economic rights (economische) the community can take economic benefits from a copyrighted work of findings and or provide economic benefits that are positively useful in the community. The importance of understanding the Dimensions of Intellectual Property Rights Law in Indonesia, as a basis in implementing the protection of intellectual property rights in Indonesia (rechten/economic rights) in this case where the creators or inventors.
Patient Legal Protection Against Pharmacists Negligence in Drug Information Services at Pharmacies: Patient Legal Protection Against Pharmacists Negligence in Drug Information Services at Pharmacies Ni Made Witari Dewi
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.21

Abstract

Legal protection for patients due to negligence of pharmacists in providing drug information at pharmacies has received less attention because patients consider errors in providing drug information cannot be legally sued. Regulation of the Minister of Health Number 73 of 2016 concerning Pharmaceutical Service Standards in Pharmacies explains that pharmacists when handing over drugs to patients are accompanied by the provision of drug information. Patients are consumers who consume goods and or services from pharmacists in the form of drugs. Law Number 8 of 1999 concerning Consumer Protection explains that consumers have the right to correct, clear, and honest information regarding the conditions and guarantees of goods and/or services. So the researchers focused on the problem, namely what is the form of legal protection for patients against pharmacist negligence in drug information services at pharmacies? and how to solve problems between patients and pharmacists in drug information services at pharmacies?. The method used in this study is a normative research method and the problem approach used is the applicable law approach and the conceptual approach. The results of the discussion found that the forms of legal protection that can be taken by patients are preventive legal protection and repressive legal protection. Legal remedies that can be taken by patients are through mediation, if the mediation is not resolved, then the patient can sue the pharmacist in court or out of court.
The Principles of the Trilogy of Justice and the Principle of Aanmaning Perspectives The Binding Power of Court Decisions: The Principles of the Trilogy of Justice and the Principle of Aanmaning Perspectives The Binding Power of Court Decisions Made Suka Dwiputra
Focus Journal : Law Review Vol 2 No 1 (2022): Focus Journal Law Review
Publisher : Departement of Research and Community Services BALI DWIPA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i1.22

Abstract

The principle of the Judicial Trilogy which is simple, fast and low cost is one of the principles in civil procedural law applicable in Indonesia. Court decisions that have permanent legal force are not always the final result of a case or dispute if the losing party does not want to carry out the contents of the decision voluntarily. lose in a case to carry out the contents of the decision voluntarily. The formulation of the problem raised is the binding power of court decisions in unlawful acts and is also viewed from the perspective of the trilogy of justice principle and the principle of security. This study uses a normative legal research type, which is to examine and analyze legal materials and issues based on statutory regulations. In this case, whether the judicial institution in the aanmaning process does not become a juridical problem of the conflict between the trilogy of justice principles and the aanmaning in the judiciary. In the discussion, the theory of the legal system, the theory of legal certainty, the theory of authority and the theory of legal protection are used in order to be able to reach the description of what should be done in the future.

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