Reconstruction Of Regulation Research Articles

Dilemmatics of the Program for Equating Specialist Doctors with the Readiness of Educational Hospitals through Reconstruction of Regulations on the Role of Private Hospitals

Dilemmatics of the Program for Equating Specialist Doctors with the Readiness of Educational Hospitals through Reconstruction of Regulations on the Role of Private Hospitals

The Essence of Paying Compensation To Victims of Fair-Based Fraud According To John Rawls

This article aims to discuss and analyze the nature of justice-based compensation payments to victims of fraud, the problem approaches used are a conceptual approach, a statutory approach, a comparative approach, a case approach and finally a philosophical approach. This research uses normative research by studying and understanding law as norms or positive legal rules. Sources of legal materials are obtained from legislation, literature books, theory and legal journals. Where later it will be used to find out what the essence of compensation payments should be that provides justice for victims of criminal acts of fraud to obtain their rights, namely through the reconstruction of regulations by adding sanctions in the form of criminal compensation for losses experienced as a result of the criminal act, due to criminal witnesses who were present. This applies only to giving prison sentences without paying attention to the victims.

Reconstruction of Regulations in Legal Protection for Customers in the Event of Banking Liquidity Based on Justice

<p><em>In this research article, we will attempt to present discussions related to the analysis of bank liquidity regulations based on applicable laws and regulations, analyze to understand the legal protection of depositors/customers when a bank liquidation occurs, and analyze the reconstruction of legal protection for customers in bank liquidation based on the principle of justice. The research method employed in this study is a sociological or non-doctrinal approach, where the primary focus is on collecting primary data. To obtain the necessary data for this research, the author utilized a juridical-empirical legal research method. In empirical research, the emphasis is on the application of law in the real field (law in concreto). The research was conducted by initially examining secondary data, followed by primary data research conducted in the field or within the community. The results of the research indicate that customer protection related to bank liquidation has been anticipated by the banks themselves through implicit and explicit protections, both of which have been explained and regulated in banking law. Bank Indonesia has the authority to provide guidance and supervision to ensure the continuity of bank operations, and Bank Indonesia also determines provisions related to the health of banks by considering aspects such as investors, asset quality, management, liquidity, for example, regarding customer protection and the provision of credit to customers, which is guided and supervised, affecting the health and smooth operation of banks. Therefore, there is a need for a restructuring of legal customer protection regulations in bank liquidation based on the principle of justice. Every bank is obligated to guarantee the funds of the public deposited with the respective bank. The government needs to organize Law Number 10 of 1998 concerning Banking, particularly the protection of bank customers in the case of liquidation, to be emphasized in banking management.</em></p>

Legal Reconstruction of Special Criminal Sanctions against Corruption Based on Justice Values

The research aims to analyze and discover the weaknesses in regulations on criminal sanctions against perpetrators of criminal acts of corruption at this time, and the reconstruction of regulations on criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The research results show that the act of abuse of authority is a form or manifestation of an unlawful act regulated in Article 3 of Law Number 31 of 1999 jo. Law Number 20 of 2001. From the principles of legislative regulation, one of the reasons for the difference in criminal threats in Article 2 and Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 is the principle of lex specialis derogat lex generalis (specific laws exclude general laws). The difference in the threat of minimum and maximum sentences in Article 2 and Article 3 of the Corruption Crime Law results in Judges imposing different sentences for the same case. Reconstruction of criminal sanctions against perpetrators of criminal acts of corruption based on the value of justice in Article 3 of the Corruption Eradication Law, namely: Every person who, with the aim of benefiting himself or another person or a corporation, abuses the authority, opportunity or means available to him because position or position that could harm state finances or the state economy, shall be punished with life imprisonment or imprisonment for a minimum of 5 (five) years and a maximum of 20 (twenty) years and/or a fine of at least Rp. 50,000,000,- (fifty million rupiah) and a maximum of Rp. 1,000,000,000,- (one billion rupiah).

Reconstruction of Life Insurance Agent Work Contract Regulations Based on Justice Value

The purpose of this research is to analyze the weaknesses of Life Insurance Agent Work Contract Regulation and how to reconstruct the regulation of the Life Insurance Agent work contract regulation based on the value of justice, namely as in the Insurance Law No. 40 of 2014, Article 1320 of the Civil Code, Article 1338 of the Civil Code and 1313 of the Civil Code using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The results of this study show that the Weaknesses that arise in the life insurance agent work contract regulation with the study of Islamic law, namely in carrying out the contract is not transparent so that the agent and the insurance company when facing problems, are only decided unilaterally and not based on the contract. Therefore, the Reconstruction of the regulation on a life insurance agent work contract regulation based on the value of justice, namely that in entering into an agreement with a life insurance company with a work contract, it is not in accordance with Article 1313 of the Civil Code and Article 1338 paragraph (1) of the Civil Code because in practice the life insurance company provides a letter notification of the update without the knowledge of the agent, which resulted in unilateral termination of employment. Dispute resolution in insurance agreements can be carried out through litigation and non-litigation channels. If the principle of good faith is not fulfilled, the insurance agreement can be canceled. Regulations for financing agent agreements in Indonesia use a system of deliberation and mutual cooperation, while in various countries they use an arbitration system in a court. Regulation of the Financial Services Authority Number 69 /Pojk.05/2016 Concerning the Conduct of Business of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.

Legal Reconstruction of Government Responsibility in Mental Disorder Rehabilitation Based on the Dignified Justice Value

One of the phenomena that indicate that there are still social problems today, among others, can be seen in the many people with mental disorders can cause suffering and obstacles in carrying out people's functions as human beings. This study aims to analyze the regulation of the Government's responsibility in the rehabilitation of people with mental disorders that have not been fair and dignified. This research method uses the legal positivism paradigm and the legal post-positivism paradigm with a sociological juridical approach to solving research problems. The results of the study indicate that there are weaknesses in terms of legal substance, legal structure, and legal culture related to the regulation of the Government's responsibility in the rehabilitation of people with mental disorders. Reconstruction of regulation on the Government's responsibility in the rehabilitation of people with mental disorders based on the value of dignified justice, namely by reconstructing Article 10, Article 18, and Article 25 of Law Number 18 of 2014 Concerning Mental Health.

Legal Reconstruction on Reasons for Filing Divorce due to Acts of Household Violence Based on Justice Value

Marriages carried out between husband and wife, sometimes cannot run as the purpose of marriage. If it cannot be maintained, then the path taken is divorce. In Article 19 Paragraph (4) states that the reason that can be used in filing for divorce is that one party commits cruelty or severe abuse that endangers the other party which is also a form of domestic violence and can be the cause of disputes and conflicts that occur in the household. Acts of domestic violence are not limited to physical violence in the form of abuse such as: slapping, hitting, kicking and even killing. As for the form of persecution that is psychological or psychological violence. Research Objectives: To analyze what are the current weaknesses in the Regulation on Reasons for Filing Divorce Due to Domestic Violence; To find out how to reconstruct the Law on Reasons for Filing Divorce Due to Domestic Violence based on justice. The research method uses the Constructivism Paradigm with non-doctrinal legal research with an empirical juridical approach. The study results show that (1) Weaknesses in the Regulation on Reasons for Filing for Divorce Due to Domestic Violence. Weaknesses in a legal substance: Elucidation of Article 39 Paragraph (2) of the Marriage Law and Article 19 letter d of Government Regulation 9 of 1975 only provides rules for physical violence. Weaknesses in the legal structure: The weak mentality of law enforcement officials results in law enforcement not working as it should. Weaknesses in legal culture: Domestic violence is a problem that is closely related to gender bias which is common in patriarchal societies. (2) Reconstruction of Regulations on Reasons for Filing Divorce Due to Acts of Domestic Violence. The formulations in Article 39 Paragraph (2) and the Explanatory Articles of the Marriage Law do not contain forms other than physical violence, such as psychological violence and sexual violence.

Legal Reconstruction of Criminal Sanctions for Criminal Acts of Sexual Violence Based on Nias Custom Value of Justice

This research is motivated by the regulation of criminal sanctions against criminal acts of sexual violence based on the value of sexual justice based on the value of customary justice in Nias. Indonesia based on Article 18B of the Constitution of the Unitary State of the Republic of Indonesia recognizes and respects customary law units along with their traditional rights as long as they are still alive and by the development of society and the principles of the unitary state of the Republic. Indonesia, for this reason, in cases of criminal acts of sexual violence that occurred in Nias, justice must also be paid attention to, which originates from Nias customary law. This study aims to analyze and find the main points of regulation of criminal sanctions against crimes of sexual violence, which originate from the value of sexual justice on Nias customary justice values. This research is normative juridical research with statutory and conceptual approaches. The results of this study indicate the current weaknesses in the regulation of criminal acts of sexual violence, so it is necessary to update them. In addition, it cannot also let go of the role of society and culture in this matter. These two things play a role in shaping the public's view of cases of sexual violence. Reconstruction of regulations on sanctions for crimes of sexual violence stems from the justice values of Pancasila concerning customary law in Nias.

Legal Reconstruction of Freedom of Religion and Belief Principle in Ensuring a Just Legal Treatment

This study aims to analyze and find weaknesses in regulations and carry out reconstruction of regulations on freedom of religion and belief in ensuring fair legal treatment in empirical-Juridical Research. The results of the research show that the regulations on freedom of religion and belief in guaranteeing fair legal treatment by realizing legal protection for adherents of religions and minority beliefs are not yet fair as there is still discrimination that occurs to minorities, therefore reconstructing Article 1 of Law Number 1/PNPS/1965 concerning the prevention, abuse, and/or blasphemy of religion and Reconstructing the Law of the Republic of Indonesia Number 1 of 2023 (which will take effect after three years from the date of promulgation or three years after January 2, 2023), Concerning the Criminal Code specifically in Chapter VII concerning Crimes Against Religion, Beliefs, and Religious or Belief Life, Article 300 reads: "Any person in public who" is reconstructed becomes "everyone who" commit acts of a hostile nature; express hatred or hostility; or incitement to violence, or discrimination, against religion, other people's beliefs, groups, or groups on the basis of religion or belief in Indonesia, shall be punished with imprisonment for a maximum of 3 (three) years or a maximum fine of category IV.

Reconstruction of Diversion Regulations in a Juvenile-Crime System Based on Justice Value

The purpose of this research is to analyze and examine: 1) the regulation of diversion requirements in the current juvenile criminal justice system is not based on the value of justice; 2) weaknesses in the regulation of diversion requirements in the juvenile criminal justice system which is currently not based on the value of justice; 3) reconstruction of diversion requirements regulations in the juvenile criminal justice system based on the value of justice. This research is a qualitative research, with a sociological juridical approach, descriptive analysis, using primary data and secondary data, using the Grand Theory: Lawrence M. Friedman's Legal System Theory and Pancasila Justice Theory; Middle Theory: Law Enforcement Theory Soerjono Soekanto; and Applied Theory: Progressive Legal Theory Satjipto Rahardjo. The research findings are: (1) The regulation of diversion requirements in the juvenile criminal justice system is not currently based on the value of justice because the regulation of diversion requirements in children's cases is contrary to the values of Pancasila justice, and in the perspective of legal norms, the diversion requirement with restrictions is punishable by imprisonment under 7 (seven) years is discriminatory compared to the case of adults who can mediate or peacefully are limited by criminal threats, (2) The weakness of the regulation on diversion requirements is not based on the value of justice, because the regulation on diversion requirements is regulated in Article 7 of Law Number 11 of the Year 2012 concerning the Juvenile Criminal Justice System is discriminatory between child cases and adult cases. (3) Reconstruction of the regulation on diversion requirements in Article 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System based on the value of justice, especially paragraph (2) whose initial phrase reads Diversion as referred to in paragraph (1) is carried out in the case of a crime committed: threatened with imprisonment under 7 (seven) years; and is not a repetition of a crime. Reconstructed into Diversion as referred to in paragraph (1) is carried out in the event that the crime committed is not a repetition of a crime.

"No hay minas buenas sin pleito". Polígica, concesiones e instituciones mineras en Jujuy, 1880-1930

At the beginning of the 20th century a review on mining deployment in Jujuyshowed -apart from the recession caused by the lack of capital, the technologicalbackwardness and the transportation difficulties- the absence of institutions protecting the rights and promoting obligations among the mining actors. Inthe early 1930s the aphorism “There are no good mines without lawsuits” wasused to invoke the string of disputes the mining interest aroused in local life-to the point that even a governor had to resign after the murder of a Spanishminer. The article discusses the institutional problem and the mining conflictin the province between 1880 and 1930, the approach takes into considerationthe mining ventures tested, the reconstruction of regulations - origins andapplication- and the mining practices and the political interference.

Rekonstruksi Pengaturan Kampanye Legislatif Dalam Undang-Undang Nomor 7 Tahun 2017

One of the significant piece of election is the campaign conducted by the election participants. To achieve an integrated election, the campaign must guarantee the free and fair principles and legal certainty. This research looks to how the regulation works as a reference to campaign implementation. The emergence of election law 7 Tahun 2017 is expected to cover the weakness of previous legilslation 8 Tahun 2012. Evidently, the regulations can not guarantee the legal certainty on campaign implementation that caused many problems in its aplication. Therefore the reconstruction of regulation must be carried out in order to create free and fair competition for elections with integrity.

Mixed Ownership, Public-private Partnership and the Reform of Market Access Law

The reform of both mixed ownership system and public and private cooperative system are the one body and two wings” which promote the decisive role of the market. The two focus on the special industries and public utilities respectively, carry out the depth and breadth of the market respectively, and expand the investment and business scope of non-public capital. The current market access law system can not be matched with the demand for the reform: in the special industries on which the mixed ownership reform focuses, there are explicit access barriers to non-public capital; in the public utilities that public-private partnership reform focuses on, there are stealth access barriers to non-public capital all the time. In future, China’s market access law system should pay attention to the reform of this situation: on the one hand, the unloading reform of access regulation should be carried out in a number of areas mainly by deregulation, to promote the reduction in barriers to the access to several industries, diversified investment subjects, the optimization of market competition structure, and the increase in competition vitality; on the other hand, when expanding non-public capital investment access, it should make a structural adjustment to government regulation law system, namely regulation reconstruction, to ensure that after non-public capital enters into a number of special areas, the public interests still have no losses.