Legal Sanctions Research Articles

Challenges Of Standard Inpatient Class Policy In Indonesia:

The standard inpatient class policy in Indonesia has been stated in legislation since 2021 with twelve criteria and must be fully met by December 2024. This study aims to get an overview of the readiness of hospitals in Indonesia to meet the policy and an overview of the community's perspective in responding to standard inpatient classes. Scoping Review with Arksey and O'Malley and Beyond's approach. Online article search on Scopus, Science Direct, SpringerLink, garuda, and Google Scholar, published in 2020-2023, articles published in English and Indonesian, with search keywords: 'kris' or 'jk' or 'bpjs and kesehatan' or 'bpjs and health' or 'inpatient and room' or 'health and policy and jkn', in October 2023 and carried out Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) flow diagram. Hospitals in Indonesia studied in 2022 are not ready, but hospital research in 2023 states that they are ready to carry out Standard Inpatient Classes (KRIS). The community as patients and consumers in the use of health services from the Social Security Organizing Agency (BPJS) Health provides support in the implementation of Standard Inpatient Classes. Meanwhile, from the legality aspect, there is a discrepancy in regulations from the highest to its derivatives, there is even no clarity on legal sanctions if the Hospital does not meet the criteria for the Standard Inpatient Class according to the specified time limit

Ewolucja wzorca kobiety idealnej we Francji belle époque. Przypadek Marguerite Durand i La Fronde

The Evolution of the Model of the Ideal Woman in France of the Belle Époque: the case of Marguerite Durand and La Fronde Although the nineteenth century, in many respects, changed France beyond recognition, with the Civil Code of 1802, it created a legal framework as strong as never before that enclosed women in a world of strictly defined roles and tasks. They were a reflection and legal sanction of the attitudes, understanding of social roles, and necessary attributes allocated to women, that were currently in operation, especially in the bourgeois French society. Any change in them took place extremely slowly, and met with resistance and considerable social reluctance. Suffice it to say, that French women did not gain full civil rights until 1938. Among the activists of women’s movements in France who provoked these changes and actively supported them, promoting new kinds of attitudes and behaviour was Marguerite Durand (1864–1936), feminist, journalist, founder and editor‑in‑chief of the daily (and later monthly) La Fronde, the first newspaper in France run by a woman and employing only women, although it did not only cover women’s issues. La Fronde became an important tribune promoting issues important for women, an advocate of legal changes, but, above all, of changes in the social perception of women, their image, their roles and tasks, their expected and required features, behaviour, and attitudes. And although this change was slow, La Fronde was one of its most important

The Enactment of Positive Law against Perpetrators of Sexual Deviancy in Public Space in Indonesia

Problems on Lesbian, Gay, Bisexual, and Transgender (LGBT) in social life seem to be more real currently. Even though religions prohibit the behaviors of LGBT, the positive law, which is Law no.1 of 1946 on Criminal Code, does not regulate legal sanctions on LGBT. This article studies the importance of positive laws that regulate legal sanctions on the actors who practice LGBT in public. Still, as important as others, this article also tries to find out the causes of sexual disorder behaviors of LGBT. This research applies the method of normative law. Still, this research was conducted by studying the literature and collecting secondary data. After gaining the data, they were analyzed to answer the formulated problems. The research results show there must be legal sanctions on LGBT behaviors. The nation should not punish LGBT-infected people, but she must punish the people who practice LGBT in public. There are many factors causing LGBT. They are the influence of environment, childhood trauma, same-sex harassment or abuse, inferior feeling and fear of loving the opposite sex, family problem such as divorced parents, etc

Shame and Defamation in Islamic Sharia 'Doctrinal Study'

The research deals with the subject of defamation the definition of defamation in general and in particular. The introduction dealt with defamation overall that may have beneficial or harmful aspects according to the circumstances surrounding it. Then, the core of the research dealt with the types of defamation in terms of its ruling, some of which are defamation in terms of felony and aggression, such as defamation of innocent people, and the like of which is self exposition and self defaming. Provisions of the Islamic Sharia forbid this. The other type is the defamation of the legal sanctions, judged and carried out by the holder of the legitimate jurisdiction, such as the defamation of the perpetrator of the marginal offences of Hudood Laws or harassment, as well as defamation in the aggravated offences of bribery and treason or Harba. The same applies to defamation in punitive crimes such as bribery and treason. The last type is defamation in the form of counselling and advice. It is considered that the provisions of the Islamic Sharia forbid the majority of scholars for anyone who has acquired the capability to teach and advocate on its terms, such as the defamation of the delusional people and the misguided. The conclusions are presented with operational research, including provisions on some contemporary facts of defamation and its types.

Between militant democracy and citizen vigilantism: Using citizens’ assemblies to keep parties democratic

Abstract The essential role of parties in democracies makes it important to keep them democratic. This article argues for sortition-based citizens’ assemblies (CAs) organized in and by civil society to formulate democratic standards for political parties to follow, to evaluate them individually and to criticize them publicly if they do not. This is a third and potentially complementary way to keeping parties democratic, placed between militant democracy on the one hand and citizen vigilantism on the other. Militant democracy is challenged by the fact that few democratically problematic parties are ostensibly anti-democratic and therefore likely to fall under the legal criteria for issuing party bans and other legal sanctions. Militant democratic measures are also likely to be ineffective and are vulnerable to abuse. Citizen vigilantism, whereby active democratic citizens take on the responsibility for protecting democracy, deals better with the ambiguous nature of democratically problematic parties but suffers from a lack of democratic authorization and clear standards of critique. While not perfect, the proposed model remedies many of the shortcomings of both approaches. Contributing to an emerging literature on CAs as instruments in the protection of democracy, the article evaluates the model’s normative justifiability, feasibility and likely effectiveness.

Penegakan Hukum Terhadap Tindak Pidana Eksploitasi Seksual Yang Dilakukan Oleh Suami Terhadap Istri

Today the crime of trafficking in persons in the form of sexual exploitation is increasingly common with various modes of operation, one of which is making the wife a commercial sex worker by her husband which can be seen in print and online media, where this can also be categorized as a crime of domestic violence. As an example of the case of the criminal act of trafficking in persons in the form of sexual exploitation committed by a husband against his wife as a commercial sex worker as stated in the Decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN. SDA, where in its application law enforcers, especially judges in court, only apply the provisions in the law on the crime of trafficking in persons even though the actions of the accused can be applied to the provisions in other relevant laws. This research is normative legal research by studying the applicable laws and regulations related to court decisions in the cases studied. The results of the study show that law enforcement of sexual exploitation crimes committed by husbands against wives in the decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN.SDA applies Article 2 of Law Number 21 of 2007 concerning Eradication of Trafficking Crimes People, but acts of exploitation by perpetrators and victims are bound in a legal marriage, so legally the application of the law can also apply Article 8 letter b of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the perpetrators can be subject to maximum legal sanctions for acts exploits that have been carried out.

Perlindungan Hukum Terhadap Watu Jaran Tanpa Kepala DiDesa Laren Kecamatan Bumiayu, Kabupaten BrebesBerdasarkan Undang-Undang Nomor 11 Tahun 2010 tentangCagar Budaya

Abstract The Headless Watu Jaran is a historical site which is also a Suspected Cultural Heritage Object (ODCB)which has not been designated as a Cultural Conservation located in Laren Village, Bumiayu District, BrebesRegency. Law Number 10 of 2011 concerning Cultural Conservation guarantees legal certainty and protection forOCBD. The formulation of the problem is what form of legal protection for cultural heritage in Brebes Regencybased on Law (UU) Number 11 of 2010 concerning cultural heritage and what are the obstacles in legal protectionof the Headless Watu Jaran in Laren Village, Bumiayu District, Brebes Regency. Normative juridical research withdescriptive-qualitative. Data source is secondary data. Primary legal materials include Law Number 11 of 2010,Government Regulation Number 10 of 1993 and Brebes Regency Regional Regulation Number 10 of 2015. The datacollection techniques areobservation, interview and literature study. Research results: a) Law Number 11 of 2010contains legal protection and legal certainty as well as Regional Regulation (Perda) of Brebes Regency Number 10of 2015 concerning the Preservation and Management of Cultural Heritage and concrete efforts by the Governmentof Laren Village, Bumiayu District, Brebes Regency in protecting and preserving cultural heritage includes,Reporting on the discovery of Suspected Cultural Conservation Objects, care/maintenance, buildingperimeter/barrier fences, socialization and optimization for various interests. b) Obstacles include a minimumnumber of experts, regional performance is hampered because the Cultural Preservation Center is not optimal,synergy between the central government, provincial government, district/city government and village governmentand the community has not reached standards and there are still problems, legal sanctions have not been strictlyenforced.

CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES

The article examines the actual problems of constitutional and legal responsibility of political parties in the context of today's challenges. The author analyzes the normative grounds for applying such constitutional and legal sanctions as a ban on the formation and activities of a political party or cancellation of a political party's registration in case of unlawful acts. A retrospective analysis of the practice of banning political parties and canceling their registration in Ukraine generally indicates a positive trend in the development of national legislation on political parties and their responsibility in recent years. During this period, the grounds for banning political parties were significantly expanded and specified, and the mechanism for their realization was improved in accordance with the concept of “democracy that can defend itself”. The challenges of the Russian-Ukrainian war have objectively demonstrated and convincingly proved that the activities of any political parties that encroach on the territorial integrity, security and constitutional order of Ukraine, support the aggressor state can and should be banned in court. At the same time, the national judicial practice confirmed the relevant European experience and showed that the decision to apply such a constitutional and legal sanction as a ban on a political party must be appropriately justified, based on a proper evidence base, not taken in a hurry, and comply with international standards to prevent further appeals against the state's actions to the European Court of Human Rights, etc.

Aspects of Legal Protection for Franchisees Associated with the Franchise Agreement

Franchising as a business concept regarding the granting of the use of intellectual property rights by the franchisor to the franchisee is a legal relationship between the franchisor and the franchisee which is regulated in a franchise agreement. The purpose of this article is to analyze aspects of legal protection for franchisees related to franchise agreements and to analyze legal sanctions against franchisors who break the agreement unilaterally. The research method is in the form of normative law whose implementation is focused on secondary data collection (Library Materials) covering primary legal materials such as laws and regulations, primary legal materials such as articles, books and so on. This research is descriptive in nature. By using a qualitative approach/paradigm. The data is processed and analyzed qualitatively using deductive logic. The franchisor is the licenser to the franchisee to market goods and services on behalf of the franchisor in a certain area and period of time. The franchisor assists the franchisee in its distribution, in return the franchisee pays an initial fee and royalties. The franchisor can determine the contents of the agreement and terminate the agreement unilaterally with the franchisee for the agreement that has been agreed upon, but termination of this franchise agreement can result in default, because it causes losses to the franchisee and it is the franchisor's obligation to pay compensation. Legal protection for the parties in the implementation of the franchise agreement is an important aspect. The form of legal protection for franchisees in franchise agreements is contained in Government Regulation Number 42 of 2007 concerning Franchising in the provisions of Article 5 letter (k) which stipulates that the franchise agreement establishes procedures for extending, terminating and terminating the agreement. Thus the franchisor cannot terminate the agreement unilaterally at any time, the franchisor must comply with the PP on Franchising and in accordance with the Civil Code.

How does legalisation of same-sex marriage affect stigma against lesbians across different age cohorts in Taiwan

Structural stigma assumes a central role in shaping both individual and interpersonal processes of stigma, while also contributing to health disparities . The recognition of the right to marry serves as a critical benchmark for evaluating a society's commitment to eliminating this structural stigma that affects marginalized groups. The legal sanctioning of same-sex marriage can serve as a protective macro-environmental factor with substantial implications for the psychological well-being and health of same-sex couples. Previous research has predominantly explored how LGBTQ+ individuals make sense of the legalization of same-sex marriage, but it has generally neglected to examine variations across different age cohorts. Also, discussions regarding the impact of same-sex marriage legalization in non-Western contexts remain conspicuously underdeveloped. The present study seeks to bridge these gaps by centering its investigation on Taiwan as the research site and exploring the influence of same-sex marriage legalization on the stigma experienced by lesbians of marriageable age.

The Importance of Taxpayer Awareness and Legal Sanctions for All Levels of Indonesian Society

One of the characteristics of a developed country can be seen from the high awareness of its citizens to pay taxes. Taxes are one of the country's largest sources of income, which come from the people and are useful for the welfare of the people's lives. Therefore, awareness to pay taxes is very important. In this case, the state has the authority to collect taxes from its people. Tax revenue received will later be used to increase Indonesia's development starting from the development of infrastructure, education, health and various other sectors that aim for the welfare and prosperity of the Indonesian people. However, judging from the data received and the facts on the ground, unfortunately in Indonesia itself awareness of paying taxes is still very low. Not only that, the state apparatus in charge of taxation still makes a lot of negligence and mistakes. These things hampered the existing taxation system in Indonesia.

The Effect of Vaname Shrimp Pond Waste Disposal (Litopenaeus van-namei) on The Environment and Environmental Law Perspective: a Literatur Review

As a result of observations regarding waste disposal that have been carried out, many shrimp farmers ignore the negative impact of excessive feeding on the environment. Including proper waste management practices, such as processing before discharge into the sea, is often ignored. This research uses a qualitative research method in the form of a literature review (document analysis). The data in this research is information regarding the impacts caused by vaname shrimp waste. The main data sources are obtained through observations and documents from journals or articles that have been published or published. The impact of shrimp pond waste disposal on the environment can cause damage to aquatic ecosystems and environmental pollution. The environmental law perspective regulates legal sanctions for perpetrators of waste disposal from vaname shrimp ponds that damage the environment, such as imprisonment and fines. Several efforts have been made to handle vaname shrimp pond waste for organic fertilizer, waste water treatment installations (IPAL), environmental impact analysis (AMDAL) and supervision from local governments. And the solution that needs to be implemented by business actors is to carry out waste management that meets quality standards, pay attention to AMDA and legal sanctions that can be imposed if you dispose of vaname shrimp pond waste which can damage the environment

Penegakan Sanksi Hukum Terhadap Nasabah Wanprestasi Pada Koperasi Serba Usaha Bumi Raya Selong

The purpose of this research is to find out the problems that will be examined in this thesis, namely to find out the enforcement of sanctions, types of engagements and actual sanctions applied to customers who default on the Bumi Raya Selong multi-business cooperative according to the Bylaws and Legislation. The research method used is normative-empirical law and the specific research used in this research is descriptive analytical research. Based on the research results, the enforcement of legal sanctions against defaulting customers in the Bumi Raya Selong multi-business cooperative according to AD-ART is that there are no strict legal sanctions given, especially in the form of criminal sanctions if members default, however, the cooperative management provides sanctions in the form of sanctions. Moral to be more precise, because it looks at the member-based statutes. Through the family system, Bumi Raya Selong’s all-business cooperative will continue to maintain friendly relations and discuss it carefully with members so that members continue to pay even though the payment is due. The types of obligations that are violated by members continue to pay even though the payment is due. The types of obligations that are violated by members of the Bumi Raya Selong multi-business cooperative who are declared to be in default include members leaving the country, members not fulfilling their obligations as members (delaying paying instalments), or members violating the rules that have been issued by the cooperative as stated in credit agreement letter.

When should DIY have a localized healthcare waste management system?

Purpose: The 2018 healthcare waste management crisis catalyzed a critical review of the concerns expressed by the Health Office (dinkes) and healthcare facilities regarding healthcare waste management in the Special Region of Yogyakarta (DIY). Due to this crisis, the Ministry of Health hired Universitas Gadjah Mada (UGM) to look into potential solutions and promote DIY government policy responses. This paper examines the management strategy during crisis times and possible alternative solutions.
 Methods: This paper uses focused group discussions reports involving separate groups of (1) environmental health officials from community health centers, (2) hospitals, (3) environment health officials of district health authorities, and (4) cross-sectoral province officials in the Yogyakarta Special Region. It is part of a project 'A case study of strengthening regional-based medical waste management model', fund from the Environmental Health Directorate, Directorate General of Public Health, Ministry of Health (Project KN 01.03/6.1/0198/2019).
 Result: A simulation of policy options based on health facility managers suggests that a province-based system is the most profitable in the long term for DIY, with several possible options. The national policy roadmap was considered inadequate to respond to DIY's urgent local needs. Furthermore, the series of meetings succeeded in forming an informal forum between health facilities, provincial health offices, and associations of hospital environmental sanitation experts, monitoring medical waste management.
 Conclusion: The 2018 medical waste management crisis led to the formulation of policy response choices tailored to the capacity of DIY. These choices considered the expenditures and legal sanctions faced by healthcare facilities and the economic value of a region-based waste system for local government authorities. This comprehensive approach highlights the importance of local capacity. It needs to shape effective and sustainable medical waste management policies, underscoring the necessity of region-specific strategies in the face of national health crises.

Implementasi Peraturan Kode Etik Notaris dalam Menjalankan Profesi Kepada Masyarakat

Notaries are public officials and professions who have the authority to make authentic deeds for people who need their services. These services are interpreted in a broad context, which includes not only making authentic deeds, legalizing personal letters, or providing legal advice related to notarial matters, but apart from that, notaries are also obliged to apply professional ethics in providing services to clients. The problem discussed in this journal is the implementation of professional ethics by notaries and legal sanctions given to notaries who do not implement professional ethics in providing services to clients. The research method used for this journal research is normative legal research with research using primary and secondary legal materials. The results of this research indicate that notaries must pay attention to professional ethics in providing services to clients. Notary professional ethics are regulated in the Notary Code of Ethics and UUJN. This aims to ensure that the notary can maintain his honor and dignity in front of clients.

Hukum Tentang Begal Sepeda Motor Di Kota Medan

Law is a rule of rules made to regulate every behavior of the community so as not to carry out deviant activities. One of the actions that deviate from the norms of human life association is social problems, namely problems that occur in society where the perpetrators and victims are the people themselves. One of the deviant actions from the community is the crime of beheading where this beheading began to be rife in the Medan city area. The problem that has recently paraded the streets is often termed Begal. This begal is one of the street crimes, which has recently received serious attention from the public and law enforcement officials. This research was conducted using descriptive qualitative research and using direct interview techniques to police investigators for beheading crimes. The results showed that from several incidents that were successfully revealed by the police, data could be obtained that the perpetrators of this begal crime came from families with low economic and there was no relationship between low punishment for beheading perpetrators to the increase in beheading cases because the legal sanctions given are aimed at providing accountability for the acts resulting from crimes committed by someone

The Regulation of Personal Income Tax and Its Enforcement For Foreign Workers

Foreign workers who work in Indonesia are required to pay taxes, especially taxes on the salaries they receive. However, tax collectors are often considered to be detrimental to foreign workers, because they reduce the income from their salaries. The aim of this research is to analyze the regulations for imposing salary tax on foreign nationals who work in Indonesian territory and the sanctions that can be given to foreign nationals who do not pay tax from their salaries. The research method in this scientific journal uses a normative juridical approach using data available through Open Source. The results is based on the Tax Harmonization Law, which states that foreign citizens who have obtained work permits can automatically be said to be taxpayers. As for the imposition of PPH 21 income tax for salaries for foreign workers on fixed income, the amount of income subject to tax is in the Minister of Finance Regulation number 101/PMK.010/2016. The legal sanctions for foreign citizens do not pay their salary taxes include fines, interest sanctions and increased tax sanctions. The research contribution is to raise new scientific discipline for more comprehensive regulation of foreign taxpayers.

Analysis of The Application of Sanctions Against Notaries Who Forgery Deeds of Transferring Land Rights (Study of Supreme Court Decision Number 139 K/Pid/2016)

The Law on the Position of Notaries does not regulate the existence of criminal sanctions for the actions of notaries. This does not absolve the notary from criminal liability. Notaries can be held criminally liable if their actions contain a criminal element, where the relevant Notary can be summoned by the Notary Honorary Council. The problem is how to apply legal sanctions to a notary who falsifies the deed transferring land rights in Supreme Court Decision Number 139 k/PID/2016? And what is the responsibility of the Notary who falsified the deed of transferring land rights in Supreme Court Decision Number 139 K/PID/2016? The research method used is normative juridical. The results of the research are that the Notary concerned cannot be held responsible when elements of fraud and error are committed by the parties, because the Notary only records what is conveyed by the parties to be included in the deed, this is often known as partij deed. False information submitted by the parties is the responsibility of the parties. This means that a notary is only responsible if the fraud originates from the wishes and/or desires of a notary. In the UUJN which regulates sanctions for violations committed by a notary, the deed made by a notary does not have the power of an authentic deed but only has the power of a private deed. In relation to the actions of notaries who commit criminal acts of forgery of deeds or criminal acts of false statements committed by parties, the UUJN does not specifically regulate criminal provisions because they are based on the principle of legality which are the principles in the Criminal Code.

Catholics in the Interregnum

ABSTRACT This essay examines how Catholics experienced changes to the religious and political landscape during the Interregnum. Since the later sixteenth century, Catholics had faced legal sanctions because of their religious nonconformity, with Elizabethan and Jacobean laws augmenting these restrictions. The reality for Interregnum Catholics was complex. Catholics were prohibited from practising their faith, and they faced suspicions from officials and locals that they were promoting ‘popery’ that threatened to subvert the peace and stability in the precarious republican regimes. Additionally, the scattered nature of the relevant Catholic archives, combined with Catholics avoiding making explicit references to their faith, has meant that Catholics have been largely absent from historiographies for this period. This essay, therefore, seeks to revise this assessment by demonstrating that through using different archival materials and methodologies we can integrate Interregnum Catholics into the broader narrative of how the Church in England was contested in the mid-seventeenth century.

Perlindungan Hukum Terhadap Penyalahgunaan Data Pribadi Dalam Transaksi Pinjaman Online

In online loan application services, many people have complained about the issue of the dissemination of personal data carried out by providers of online loans without notice and without permission from the owner. In this regard, it is important to review legal protection of borrowers' personal data in online loan application services, and sanctions for violating personal data. The purpose of this paper is to examine the legal protection of borrowers' personal data in online loan application services. The method used in this paper is a normative legal method with a statutory approach and a factual approach. The results of the study show that legal protection and sanctions for violations of personal data are regulated in Law No. 11 of 2008 and amendments to Information and Electronic Transactions along with implementing regulations, but specifically regarding legal protection and sanctions for violating personal data in online loan services are listed in the Financial Services Authority Regulation No. 77/POJK.01 2016 concerning Information Technology-Based Money Lending and Borrowing Services, which is stated in Article 26 that the organizer is responsible for maintaining confidentiality, integrity and availability of the user's personal data and in its utilization must obtain the approval of the owner of personal data unless specified otherwise by the provisions legislation. Sanctions for violating personal data refer to Article 47 section (1), namely administrative sanctions in the form of written warnings, fines, obligations to pay certain amounts of money, restrictions on business activities, and revocation of licenses.