Authors:Edi Wahjuni Wahjuni, Nuzulia Kumala Sari Pages: 401 - 419 Abstract: Before working on a medical action, the doctor must provide information and get approval from a competent patient or next of kin, in the form of informed consent documents. The formulations of these research problems are a) How is the implementation of informed consent for emergency patients at Jember Lung Hospital Emergency Room (ER)' and b) What are the legal aspects of working on a medical action without informed consent in handling the emergency patients' The research method that is used is juridically normative with the method of legal approach. The data sources are from primary and secondary legal sources, and interview results. The research site is at Emergency Room of Jember Lung Hospital. During January to March 2020 there were 956 emergency patients who received medical action at the Emergency Room of Jember Lung Hospital. Four of the 956 emergency patients were taken without informed consent.Keywords: emergency, informed consent and medical treatment PubDate: 2022-03-28 DOI: 10.20884/1.jdh.2021.21.3.2671 Issue No:Vol. 21, No. 3 (2022)
Authors:Riris Ardhanariswari, Tenang Haryanto, Supriyanto Supriyanto Pages: 420 - 431 Abstract: Such conception of human rights is in line with international human rights law, in particular with adopting a comprehensive women's rights instrument, namely the Convention on the Elimination of All Forms Discrimination Against Women, hereinafter referred to as the CEDAW Convention, which was ratified by the State of Indonesia with Law No. 7 of 1984 on Ratification of the CEDAW Convention. Women, especially in Indonesia are still left behind both in public life and politics. This raises the issue of gender equality, which means a condition of "inequality" experienced by women. The current trend in society is that women tend to participate in the national level such as general elections or participation in the DPR or MPR. Currently, there is yet any law that comprehensively regulates the protection of women's rights. Indonesia still rely on legal instruments regarding gender equality with various conventions such as the CEDAW Convention, the ICESCR Convention, and the ICCPR Convention. Women face discrimination, not only in the domestic sector but also in the public sector. Therefore, it is important to learn and develop the multifunctional dynamic character of women. This development has appeared in various Constitutional Court's decisions on judicial review of laws.Keywords: genderequality;judicial reviews;general election PubDate: 2022-03-28 DOI: 10.20884/1.jdh.2021.21.3.2844 Issue No:Vol. 21, No. 3 (2022)
Authors:Muhyi Mohas Mohas, Belardo Prasetya Mega Jaya, Mohamad Fasyehhudin, Arizon Mega Jaya Pages: 432 - 445 Abstract: Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords: international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters. PubDate: 2022-03-28 DOI: 10.20884/1.jdh.2021.21.3.2882 Issue No:Vol. 21, No. 3 (2022)
Authors:Kadar Pamuji, Abdul Aziz Nasihuddin, Sukirman Sukirman, Krisnhoe Kartika Wahyoeningsih, Siti Muflichah, Noor Asyik, Aditya Riza Darmawan Pages: 446 - 460 Abstract: Community based waste management (PSBM) is a waste management approach based on community’s needs and demand and is planned, carried out (if possible), controlled and evaluated jointly by the community. An increase in population is always followed with increasing volume of waste, which requires change in the waste management especially from the old paradigm (collect – transport – dispose of) to the new paradigm of 3R concept (reduce, reuse, recycle). The 3R waste management pattern is implemented through waste bank empowerment by involving all elements of the community. Law Number 18 Year 2008 on Waste Management and Regulation of the Minister of Environment Number 13 Year 2021 on the Guidelines on Reduce, Reuse and Recycle Implementation through Waste Bank has opened the opportunity for public participation in waste management. All this times the Government of Banyumas Regency has applied waste management technical policies several times, but there is no express legal policy about the existence of Waste Bank. The Government of Banyumas Regency currently still prioritizes big scale waste management through a hangar system. The potential of Waste Bank as one waste conscious group and as an alternative whose role can be optimized especially in community-based waste reduction management has not got attention.Keywords: Role, Waste Bank, Domestic Waste. PubDate: 2022-03-29 DOI: 10.20884/1.jdh.2021.21.3.3126 Issue No:Vol. 21, No. 3 (2022)
Authors:Xaviera Qatrunnada Djana Sudjati, Dewi Cahyandari Pages: 461 - 479 Abstract: The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords: AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority. PubDate: 2022-03-29 DOI: 10.20884/1.jdh.2021.21.3.3070 Issue No:Vol. 21, No. 3 (2022)
Authors:Rahadi Wasi Bintoro, Antonius Sidik Maryono, Sanyoto Sanyoto, Weda Kupita, Muhammad Bagus Tri Prasetyo Pages: 480 - 498 Abstract: This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law PubDate: 2022-03-29 DOI: 10.20884/1.jdh.2021.21.3.3150 Issue No:Vol. 21, No. 3 (2022)
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