cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rengga Kusuma Putra
Contact Email
garuda@apji.org
Phone
+6281269402117
Journal Mail Official
info@appihi.or.id
Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195
Location
Kota semarang,
Jawa tengah
INDONESIA
Referendum
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30630517     EISSN : 30631203     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
jurnal interdisipliner yang menggabungkan kontribusi dari bidang hukum, administrasi publik, dan ilmu komunikasi. Jurnal ini menyajikan artikel-artikel yang menyoroti berbagai aspek hukum, termasuk tetapi tidak terbatas pada isu-isu konstitusi, perundang-undangan, yudisial, administrasi publik, serta teori-teori komunikasi yang terkait dengan sistem hukum dan administrasi publik.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Hak untuk Kesehatan dalam Konteks Medical Tourism Berdasarkan Perspektif Hak Asasi Manusia Dwi Lestari Indah Sari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i2.28

Abstract

Medical tourism is a global phenomenon in which individuals travel across countries to receive medical or health care. Although not directly recognized as a major component of human rights (HAM), medical tourism has a relevant impact on human rights aspects in countries like Indonesia. The Indonesian government has an important role in regulating medical tourism by taking into account the human rights framework. This involves developing regulations that ensure the protection of patient rights, monitoring quality medical practice, and fulfilling access to health services for all citizens, both local and medical tourists. This article provides a brief analysis of how medical tourism can impact several aspects of human rights including the right to health. However, this approach also raises questions about equitable access to medical care for local populations. In order to maintain a balance between benefits and negative impacts, implementing medical tourism in accordance with human rights principles will support the sustainable goal of providing quality and equitable medical care for all individuals, without violating human rights.
Penegakan Hukum pada Kejahatan Cyber Crime Produsen yang Mempekerjakan Endorsement untuk Mempromosikan Kosmetika Ilegal Melalui Instagram Edward Haryadi
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i2.33

Abstract

Internet users in Indonesia are increasing, in 2021 the development of Internet use is increasing rapidly as many as 7,000 samples come from Indonesia and all provinces in Indonesia and is growing from 8.9% to 73.7%, equivalent to 196.7 million internet users. Internet use is mostly used for social media such as Instagram. However, not all Instagram users can use Instagram wisely, so many cases of cyber crime still occur in Indonesia. So this research will discuss how law enforcement deals with cybercrime by manufacturers who employ endorsements to promote illegal cosmetics via Instagram. Using normative research methods activities that will examine internal aspects (to solve problems that exist within) positive law. For cases that occur, law enforcement can be applied such as imposing criminal sanctions as explained in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Article 9 in conjunction with Article 62 paragraph 1 of the Law Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection which reads Business actors who violate the provisions referred to in Article 8, Article 9, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a , letter b, letter c, letter e, paragraph (2), and article 18 shall be punished with imprisonment for a maximum of 5 (five) years or a fine of up to Rp. 2,000,000,000.00 (two billion rupiah). Suggestions that consumers are obliged to report if a case like this occurs so that the implementation in law enforcement will run smoother and be eradicated quickly, similar cases will no longer exist.
Tanggung Jawab Hukum Bagi Produsen Obat Sirup Anak yang Berbahan Zat Berbahaya Berdasarkan Undang-Undang No 17 Tahun 2023 Tentang Kesehatan Mohammad Ginong Pratidina
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i2.35

Abstract

The case shows that some children's syrup drug products contain hazardous substances that can endanger the health of children. As a producer of children's syrup, their legal responsibility is very important in ensuring consumer safety. Law No. 17 of 2023 concerning Health provides a legal framework that regulates the responsibility of producers in this regard. This thesis discusses the legal responsibility of producers of children's syrup containing dangerous substances based on the law. The research reviews legal aspects related to producer responsibility, including legal sanctions that can be given to producers if they are found to have violated regulations, as well as what efforts producers can take to minimize legal risks and meet product safety and quality standards. The results of the study show that manufacturers of syrup for children must pay attention to various regulations and safety and quality standards stipulated by Law No. 17 of 2023 concerning Health and related institutions, and conduct product trials periodically to ensure safety and quality. In addition, producers must also be prepared to face legal sanctions if they violate existing regulations, such as fines and revocation of business licenses. The legal responsibility of the producer, then legal liability, namely civil, criminal and administrative responsibility Legal efforts that can be carried out Mediation efforts with the business actor/manufacturer of children's syrup medicine, if this fails, then the process can be carried out through the Consumer Dispute Protection Agency (BPSK), if the decision is not satisfactory, further legal action can be taken through the general court. The Ministry of Health and BPOM should be able to mitigate risks at the outset, regarding the distribution of drugs in Indonesia
Perspektif Hukum terhadap Maraknya Kasus LGBT di Indonesia Iqbal Wahyu Permana
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i2.37

Abstract

One of the hottest issues currently rife in Indonesia is regarding sexual deviations known as LGBT (Lesbian, Gay, Bisexual, and Transgender/Transsexual). LGBT itself in Indonesia is certainly much opposed by society. This research was conducted using the literature study method, an approach that focuses on analyzing existing literature to collect, understand, and evaluate information related to the topics discussed. The results obtained in this study are that LGBT is an activity that is not in accordance with existing laws in Indonesia according to a legal perspective LGBT is deviant, LGBT also spreads many sexually transmitted diseases while the factors that cause someone to become LGBT are genetics, environment and traumatic experiences.    
Isu Etika dalam Pemanfaatan Tenaga Kesehatan Warga Negara Asing di Indonesia: Perspektif Keberlanjutan Pelayanan Kesehatan Nadisa Tiofunda Budiman
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i2.39

Abstract

The phenomenon of globalization has transformed the world's landscape, connecting nations, and inspiring the concept of Special Economic Zones (SEZs). The utilization of Foreign National Health Workers (FHNWs) has become a strategy to address the shortage of medical personnel and enhance healthcare services, particularly in remote regions. However, the implementation of this policy also faces several ethical, cultural, and linguistic challenges. The ethical aspect takes center stage in the utilization of FHNWs. Patient rights, professionalism, and cross-cultural collaboration are crucial focal points in healthcare service practices. Despite its benefits, the utilization of FHNWs encounters communication hurdles, especially when the employed language is unfamiliar. Additionally, the integration of local cultural values becomes a pivotal aspect in delivering sensitive and patient-centered care. This paper analyzes policy documents related to the utilization of Foreign National Health Workers (FHNWs) in Indonesia through normative and predictive approaches. The objective is to comprehend the concepts and regulatory implementations concerning the ethics of FHNW utilization within the context of Indonesian healthcare services. The phenomena of globalization and efforts to expedite economic growth through Special Economic Zones (SEZs) have influenced these policies. The analysis involves various policy documents relevant to FHNW utilization. In facing the ethical dilemmas arising in the practice of healthcare services by foreign medical personnel, it is imperative for them to adapt to the local culture without compromising the principles of medical ethics. Moreover, competition within the job market and cultural disparities between foreign and local medical personnel also present challenges that need to be addressed. In dealing with competition, a holistic approach involving the government, relevant institutions, and professional training for local medical personnel is required. Overall, the utilization of FHNWs holds potential benefits in addressing medical workforce shortages and enhancing healthcare access. However, this utilization must be carried out with ethical responsibility, respecting patient rights, and considering cultural and professional aspects. With a prudent approach, the utilization of FHNWs can contribute to improving the quality of healthcare services and the well-being of local medical personnel, in line with ethical principles and national interests.
Kedudukan dan Fungsi Camat Sebagai Penghubung Pemerintahan Kabupaten dengan Pemerintahan Desa Menurut Peraturan Pemerintah Nomor 17 Tahun 2018” Tentang Kecamatan : (Studi di Kecamatan Hawu Mehara Kabupaten Sabu Raijua) Karel Nedo; Herinimus Ratu Udju; Cyrilius W. T Lamataro
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.58

Abstract

This study analyzes the position and function of the sub-district as a liaison between the district and the village government according to government regulation No. 17 of 2018 concerning sub-districts in Hawu sub-district, Sabu Raijua district. The method used in this study is the empirical judiciary method using primary data and secondary data. The administration of the government of the Unitary State of the Republic of Indonesia is divided into provincial areas and the provincial area is divided into districts and cities, where each province, district and city has a regional government, which is regulated by law. The implementation of local government in the sub-district has undergone a change in status, which was initially an administrative area, now it is the work area of the sub-district as a district apparatus in terms of public services. A series of other changes also occurred, such as in the main duties and authorities in the sub-district. The formulation of the problem in this study is: (1) What is the position and function of the sub-district head in the sub-district government according to Government Regulation Number 17 of 2018?, and (2) What are the factors that affect the sub-district head in carrying out its duties, and its functions according to Government Regulation Number 17 of 2018?. From the results of the research, the researcher can conclude that the position of the sub-district and sub-district in coordinating the relationship between the district government and the village government according to government regulation Number 17 of 2018. The position of the sub-district is no longer a unit of government power, but as a unit of work or service area and the inhibiting factor that can affect the function and duties of the sub-district head lies in the human factor, this human factor is divided into several elements including the sub-district, village head and community leaders among the three elements there is only one element that provides an inhibited influence on the duties and functions of the sub-district, These elements are the elements of the village head, the existence of village heads whose technological capabilities are lacking or what is commonly called technological stuttering (Gaptek) resulting in inhibition of communication through online considering that technology is now increasingly sophisticated, so the use of technology is indeed highly recommended to facilitate online communication between the sub-district head and the village head.
Perlindungan Hukum Konsumen dari Praktik Iklan yang Menyesatkan oleh Pelaku Usaha di Kota Kupang Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.60

Abstract

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.
Kepastian Hukum Perjanjian Kredit Secara Elektronik Perbankan Ditinjau dari Aspek Hukum Perikatan Fidelis Kurniawan Sugiarto
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.62

Abstract

Electronic credit facilities represent a significant banking innovation, employing technology in a manner that diverges from the established procedures associated with conventional credit. A credit deed that is not in accordance with the formal legal requirements is nevertheless considered to have legal force if the signature is recognized by the relevant parties. This thesis addresses the legal force and position of underhand credit agreements in commercial banks, as well as their suitability with the legal requirements of agreements according to the Civil Code and ITE Law, particularly in instances where the debtor subsequently rejects the signature. This thesis employs normative legal research methods to procure secondary data pertinent to the subject matter. The secondary data comprises primary, secondary, and tertiary legal materials, which are then subjected to qualitative analysis. The research demonstrates that the legal certainty of electronic credit agreements in commercial banks is regulated by the Civil Code Law Number 19 of 2016 on Electronic Information and Transactions, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and OJK Regulation Number 38/POJK.03/2016 on the Application of Risk Management in the Use of Information Technology by Commercial Banks. In the event of a dispute over the rejection of an electronic signature in an agreement, the matter may be resolved through litigation after all other avenues of non-litigation have been exhausted. In electronic credit agreements, electronic signatures are recognized as valid evidence, thereby affording legal protection to creditors.
Perlindungan Hukum terhadap Perusahaan sebagai Pemilik Rahasia Dagang dalam Hal Berakhirnya Hubungan Kerja Nadya Utari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.64

Abstract

In accordance with Indonesia's Trade Secret Law, the proprietor of any technological or business information that is both uncommon and of economic value is obliged to maintain its confidentiality. It is incumbent upon companies to enter into specific agreements with employees who are privy to this information, with the objective of preventing leaks. The case studies of PT AIA Financial and PT 3D Garmentech illustrate the significance of legal protection and dispute resolution in the context of corporate data leaks. This research employs a qualitative analysis of the issue, utilizing both secondary and primary data and normative legal methods. This research concludes that the owner of a trade secret is entitled to exclusive use and licensing of the trade secret, and may prohibit other parties from using or disclosing such information for commercial purposes, in accordance with Article 4 of the UURD. In the event of a leak, disputes can be resolved through non-litigation channels or, in the event that these prove ineffective, through closed-door courts. A variety of legal protections are available to owners of trade secrets, including the use of confidentiality agreements with employees and the initiation of civil suits for compensation. Additionally, criminal law offers protection, as delineated in Articles 16 and 17 of the UURD. The drafters of the UURD vested the state with the authority to enforce compliance with trade secret legislation.
Urgensi Penetapan Hutan Adat Bagi Masyarakat Kampung Adat Cireundeu Ditinjau Menurut Hak-Hak Konstitusional dalam UUD NRI 1945 Muhammad Raihan Nurhakim
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.73

Abstract

Indonesia possesses vast forest areas with great potential. On the other hand, before the establishment of the Indonesian state, indigenous communities already exercised control over forests in the Indonesian territory based on customary rights. Therefore, the existence and customary rights of indigenous communities over forests are recognized in the Constitution. However, in reality, there are still many indigenous communities that their rights to the forests they have managed for generations have not been fully acknowledged, one of them is Cireundeu indigenous community. The lack of recognition causes these communities to face issues related to their customary rights over the forests.In fact, the 1945 Constitution of the Republic of Indonesia actually guarantees the rights of indigenous peoples regarding their forest. One way to realize that rights is by declarating customary forests for the indigenous communities of Cireundeu. This research examines the importance of the declaration of customary forests for the Cireundeu Indigenous Community in light of the rights of indigenous communities guaranteed by the Constitution. This research is a normative legal study. The approaches used are the statutory approach and the conceptual approach. The results of this research indicate that the declaration of customary forests for the indigenous communities of Cireundeu is crucial to ensure their constitutional rights to be recognized and respected, along with their traditional rights, to achieve well-being, particularly in terms of food security, to protect their cultural identity, and to safeguard a healthy and sustainable environment.

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 2 (2024): Juni : Referendum : Jurnal Hukum Perdata dan Pidana