Abstract

Indonesia as a constitutional state, have legal rules to guarantee and protect the rights of its citizens. Health is important element in Indonesia’s development. Health workers who provide health services to the community, are citizens who have the same rights to realize the welfare of society. In health services, traditional health workers are one of the health workers as stipulated in law number 36 of 2009 concerning health. Traditional health workers divided into skilled health workers and health workerswho use potions as stipulated in law number 36 of 2014 concerning health workers.

Of the various rules that have been set by the government, these rules regulate policies regarding health services, helath workers and users of helath services. The rules made are intended for health services, in order to obtain services that have fair legal certainty, both for health workers and for patients. Fair rules as positive law provide legal certainty and do not raise doubt in terms of helath services.

Abstract

Abstract: Optional Protocol on the Convention Against Torture (OPCAT) is an international agreement that aims to prevent torture and other ill-treatment by establishing a system consisting of conducting regular visits to all places of detention in participating countries. The OPCAT is not only an instrument that determines a certain standard, but as an implementation treaty which is a follow-up agreement from the Convention against Torture (UNCAT). Indonesia has ratified the convention into Law no. 5 of 1998. However, until this research was conducted, efforts to ratify the OPCAT had not been successful. This research will contain the legal consequences and implications if Indonesia ratifies the OPCAT and how it affects the protection of the right to feel safe from torture for children in Indonesia. This research is a normative research that uses a conceptual approach, cases, and laws and regulations and is analyzed by collecting secondary data through library research.

Abstract

Every human being must establish a relationship between men and women which then leads to the level of marriage. In carrying out a marriage, it must be based on the provisions of laws and regulations, but in the development of the times, marriages occur between men and women of different religions. Interfaith marriage itself is a relationship between a man and a woman who want to form a family (household) by adhering to different religions and beliefs. Marriages of various religions can be found in various areas, both urban and rural. Based on Article 2 paragraph (1) and paragraph (2) Law Number 1 of 1974 concerning Marriage states that (1) "Marriage is legal, if it is carried out according to the laws of each religion and belief." (2) Each marriage is recorded according to the applicable laws and regulations, so that it can be said that marriages can be carried out in accordance with their respective religions and beliefs and to obtain validation of interfaith marriages must go through a court judge's decision.

Abstract

One of the most striking problems that BPJS Kesehatan has experienced for almost 8 (eight) years of managing the National Health Insurance is the existence of a deficit in the BPJS Health Social Security Fund. Even though in 2021 there has been a surplus of the Social Security Fund for Health, the potential for a deficit to occur again in 2023. In order to overcome the potential threat of a deficit in the Social Security Fund for Health BPJS or in order to make the Social Security Fund always healthy (surplus) BPJS Health, the Government makes and enforces Presidential Instruction Number 1 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program which basically requires every Indonesian citizen to become a National Health Insurance Participant of BPJS Health in active status as a requirement to get 8 (eight) ) public service. The Presidential Instruction is used by the Government as a means or tool in an effort to achieve the desired ultimate goal, namely so that there will be no more deficits in the Social Security Fund for Health BPJS, thereby no longer burdening the APBN. Whereas the drafting and enactment of Presidential Instruction Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program still does not fulfill the law aspired to by the Indonesian constitution, namely a law that provides a sense of justice, certainty and prosperity. This writing aims to explain and find out about the enactment of Presidential Instruction Number 1 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program as a legal norm that is currently in effect (ius contitutum) through studies, studies and analysis of research methods so that it can be known regarding the accuracy of the choice of application of norms the law in the legal perspective aspired to by the State Constitution, namely law that has justice, certainty and welfare (ius constituendum).

Abstract

Taxes are the biggest source of state revenue in financing the budget related to development and state interests. The Directorate General of Taxes (DGT) is an institution that is given coercive powers for the benefit of state revenues originating from taxes, which has the duty and authority to manage state revenues originating from tax collections and has the goal that tax collection can run properly and effectively so that can facilitate the needs of the country's development. Unfortunately there are too many regulations in the field of taxation that are enforced and changes are very dynamic, so that taxes become something that is not understood by the public as taxpayers who are also tax subjects. Ignorance of taxpayers often harms them in the event of a tax debt overflow. And because the tax rules are very numerous, complicated and very dynamic, making taxpayer losses increase due to their negligence in understanding tax regulations. If a Taxpayer has ever had a tax debt that has not been paid during his life, then when the Taxpayer dies, the Government does not consider the tax debt paid off and the tax collection is still valid. This study uses a normative juridical research method, with a statutory approach based on primary and secondary legal materials.

Abstract

The development of globalization and the current standard of human life cannot be matched by the existing law enforcement process (human development is dynamic while law is static). So is the emergence of problems that occur related to existing law enforcement, especially criminal law enforcement through the criminal court system. The problem that arises is the number of cases in lawsuits and the capacity of the penitentiary. To eliminate this problem, it is necessary to think about seeking a settlement of legal issues outside the existing justice system (alternative dispute resolution) and one of the efforts that can be made is the application of customary law as a step to reconcile the disputing parties. The aim is that the disputing parties can resolve the problem with their own awareness and prioritize mutual understanding and respect for the rights of victims and perpetrators. As is known in customary law, namely efforts to resolve conflicts and restore balance.

Abstract

Suspension of debt payment (PKPU) is an Indonesian Bankruptcy Law instrument to resolve disputes over receivables through reconciliation between debtors and creditors, so that debtors can continue their business. Parties that can submit a PKPU application are creditors and debtors themselves. If the creditor submits an application for PKPU against the debtor, then the creditor is obliged to simply prove the fulfillment of Article 2 paragraph (1) of the KPKPU Law, where the debtor has more than one creditor and there is a debt that is due and collectible. This study aims to analyze the use of debtor information from SLIK OJK which is used as valid evidence, to fulfill the requirements of Article 8 paragraph (4) jo. Article 2 paragraph (1) of the KPKPU Law in the PKPU application submitted by creditors. In the event that the creditor is a business entity in the banking sector, in the case of a commercial bank, it has the right to access debtor information from the OJK SLIK as stipulated in Article 2 paragraph (1) jo. Article 14 paragraph (2) POJK 18/POJK.03/2017, the creditor can submit debtor information from SLIK OJK as evidence to prove the existence of other creditors who have receivables from the same debtor. The validity of using debtor information from SLIK OJK as evidence is confirmed by Decision No. 92/Pdt.Sus-PKPU/2023/PN Niaga.Jkt.Pst. however, the use of data from the OJK SLIK in submitting PKPU applications must be carried out with caution and limited to the existence of debtors' debts contained in the OJK SLIK data.

Abstract

Health is a crucial factor in human life. It is an important element in achieving the common welfare and is enshrined in the Preamble of the Constitution of the Republic of Indonesia of 1945 concerning the general welfare. Therefore, health is considered a basic need and a right for every individual. In recent decades, the disciplines of medicine and law have become increasingly intertwined. Online health services have become one of the breakthroughs today that are expected to provide effective and efficient health services. This online health service is commonly known as an online clinic. Online clinic services have both positive and negative impacts. On one hand, online clinic services facilitate the process of health services between doctors and patients without being limited by distance. However, online clinics can threaten patient confidentiality. There are also issues in medical practice in online services because the diagnosis process is carried out online without face-to-face contact with the patient, which could lead to misdiagnosis of patients. This article focuses on the legal protection for online clinic practitioners. The result of this article is that the legal status of online clinics in Indonesia is still unclear because there is no specific regulation that governs online clinics in legislation. Therefore, there is a legal vacuum in the practice of online clinics.

Abstract

In this digitalization era, the personal data is something that must be made by all humans, no exeception also for Indonesia people the submission of personal data such as ID cards, email addresses and so on to certain parties to be accessed, allows humans to live an easily, affectively and efficiently life. However, the level of crime that takes advantage of the convenience in the increasingly high digitalization era has forced the country to immediately make rules that regulate, both regulations and sanctions for anyone who unlawfully uses other people’s personal data for profit, which makes Indonesia citizens can live a good life and get legal guarantees regarding the confidentiality of their personal data.

Abstract

Justice Collaborators are suspects, defendants, convicts who cooperate with law enforcement to reveal a certain criminal offense. In narcotics crime Justice Collaborators are used as a tool in uncovering, fighting, organized cases. Justice Collaborator is an extraordinary crime (Extra Ordinary Crime), where the perpetrator needs protection. The formulation of the problem in this study is how the protection, rights and obligations of Justice Collaborators and the analysis of the application of Justice Collaborators in Case Study of Criminal Case Decision Number: 1273/PID.SUS/2019/PN.Plg. This research uses a study with qualitative normative juridical methods, which is research obtained from secondary sources. This research is an analysis that analyzes the protection system, rights, and obligations as a Justice Collaborator by using secondary data, namely Supreme Court Circular Letter No. 04 of 2011 concerning Treatment of Criminal Reporters and Cooperating Perpetrators, and also using other secondary legal materials such as books, journals, and the internet. From the results of this study, it can be concluded that Justice Collaborators are defendants whose interests and protection rights must be applied as perpetrators who reveal an organized crime