scholarly journals Legal Protection Regarding Medical Record of Prospective Workers in Job Recruitment Health Test

2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar
Keyword(s):  
Medical Record ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Legal Research ◽  
Existing Problems ◽  
Health Checks ◽  
Job Recruitment ◽  
Health Test ◽  
Laws And Regulations

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Notary’s Liability for Notarial Protocol Damaged by Disaster

2019 ◽  
Vol 6 (3) ◽  
pp. 288
Author(s):  
Ahmad Hari Lazu Ardani ◽  
Salim H. Sidik ◽  
Eduardus Bayo Sili
Keyword(s):  
Direct Observation ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Force Majeure ◽  
State Archives ◽  
Important Position ◽  
Do So ◽  
Laws And Regulations

This study discusses the notary’s liability for notarial protocol damaged by disaster. This study applies empirical normative legal research method conducted by examining library materials and direct observation in the field of notary’s liability against notarial protocol and forms of legal protection for notary. Notarial protocol is a collection of documents that are state archives that must be stored and maintained by a notary in accordance with the provisions of the legislation. Notary has a very important position and role in the life of the nation and state, because he/she has the authority specified in the laws and regulations. Force majeure is an event or situation that occurs outside the power of the parties concerned; in this case, the company and workers/ laborers. Force majeure uses the term “overmacht”. Fixed overmacht means overmacht which results in a continuous agreement or forever and is impossible to implement or cannot be fulfilled at all. In such circumstances, the overmacht automatically ends the agreement because it cannot be fulfilled. Temporary overmacht means overmacht which results in the implementation of an agreement postponed from the time specified in the agreement. In addition, authentic deeds are deeds made by officials authorized to do so. They are rulers according to stipulated provisions with or without assistance from related parties. They note what the related parties requested to be included in the authentic deed. The authentic deed contains information about an official who explains what happened or was seen before him/her. In this case, there are no rules that regulate about how a notary must be liable for the damaged protocol and how the forms of legal protection.

scholarly journals Perkembangan Aspek Hukum Alih Teknologi Di Indonesia

2020 ◽  
Vol 15 (2) ◽  
pp. 108-135
Author(s):  
Reinardus Budi Prasetiyo
Keyword(s):  
Technology Transfer ◽  
Host Country ◽  
Research Method ◽  
Legal Protection ◽  
Developed Countries ◽  
Legal Research ◽  
Transfer Of Technology ◽  
Transnational Companies ◽  
The Government ◽  
Laws And Regulations

This legal research aims to analyze the various applicable laws and regulations related to the rules on technology transfer in Indonesia. The legal research method used in this legal research uses normative legal research and uses secondary legal material as a reference for collecting data. This legal research would like to convey the need for regulation of Sui Generis technology transfer which has become an interesting old issue and needs to be discussed. That the rules of technology transfer which are spread in various laws and regulations are felt to be unable to provide legal protection for the host country where developed countries invest and establish their companies. Inability to provide protection is basically no strict sanctions if the country or TNC does not make efforts to transfer technology as mandated by the legislation. This because the provisions regarding transfer technology are an agreement and do not have compelling power for developed countries or transnational companies. Therefore, by doing the preparation of technology transfer sui generis as well as special attention from the government about this condition, it will provide benefits and advantages for the host country to manage the transfer of technology that it obtains

scholarly journals Keabsahan dan Akibat Hukum Perkawinan Penghayat Kepercayaan Pasca Terbitnya Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016

Notaire ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 441
Author(s):  
Safirah Oktavihana ◽  
Nindia Putri Prameswari
Keyword(s):  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Legal Research ◽  
Government Regulations ◽  
The Republic ◽  
Legal Marriage ◽  
Legal Consequences

Marriage is one of the process of human life as regulated in Article 28B paragraph (1) of the 1945 Constitution of the Republic of Indonesia and also regulated in Article 10 of the Human Rights Law. Marriages conducted by Believers are regulated and protected in the Adminduk Law and the implementing Government Regulations, but not accommodated in Law Number 1 of 1974 on Marriage which is the lex specialist of the regulations governing Marriage in Indonesia. This research uses normative legal research method whose main object is the legal substance of legal protection for Believers on the basis of recognition of belief according to the mandate of the 1945 NRI Constitution, due to incomplete norms and exclusive interpretation of the meaning of the words “God Almighty” and “and trust that”. This research is expected to provide an understanding to stakeholders regarding the validity of marriages conducted by Believers and provide administrative legal protection to Believer. The Constitutional Court Decision Number 97/PUU-XIV/2016 provides legal solutions and protection for Believers for administrative legal arrangements that have not fully protected the existence of believers in the God Almighty. After the issuance of Constitutional Court’s decision, the marriage of Believers was recognized as a legal marriage and brought good legal consequences for their offspring.Keywords: Legal Protection; Believer; Marriage; Law of Administration.Perkawinan adalah salah satu proses kehidupan manusia yang diatur dalam Pasal 28B ayat (1) UUD NRI Tahun 1945 dan diatur pula dalam Pasal 10 UU HAM. Perkawinan yang dilakukan oleh Penghayat Kepercayaan diatur dan dilindungi dalam UU Adminduk dan Peraturan Pemerintah pelaksananya, namun tidak diakomodir dalam UU Nomor 1 Tahun 1974 tentang Perkawinan yang merupakan lex specialis dari peraturan yang mengatur tentang Perkawinan di Indonesia. Penelitian ini menggunakan metode penelitian hukum normatif yang obyek utamanya adalah substansi hukum atas perlindungan hukum bagi Penghayat Kepercayaan atas dasar pengakuan Kepercayaan sesuai amanat UUD NRI Tahun 1945, akibat kekuranglengkapan norma dan penafsiran eksklusif makna kata “Ketuhanan Yang Maha Esa” dan “dan kepercayaannya itu”. Penelitian ini diharapkan dapat memberikan pemahaman kepada para stakeholder terkait Keabsahan Perkawinan yang dilakukan oleh Penghayat Kepercayaan dan memberi perlindungan hukum secara administratif kepada Penghayat Kepercayaan. Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016 hadir memberikan solusi dan perlindungan hukum bagi Penghayat Kepercayaan atas pengaturan hukum administratif yang belum sepenuhnya melindungi dari keberadaan pemeluk Kepercayaan terhadap Tuhan YME. Pasca terbitnya Putusan MK tersebut, perkawinan Penghayat Kepercayaan diakui sebagai perkawinan yang sah dan membawa akibat hukum yang baik bagi anak turunannya. Kata Kunci: Perlindungan Hukum; Penghayat Kepercayaan; Perkawinan; Hukum Administrasi.

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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