Vol. 1 No. 1 (2021): Focus Journal Law Review Vol. 1 No. 1 (2021)

View Vol. 1 No. 1 (2021): Focus Journal Law Review Vol. 1 No. 1 (2021)

This volume consist of 5 article from 5 authors. The title of the articles are:

  • The Position of State Institutions (Main & Supporting) Against the Trias Politica Concept Based on the Indonesian State Administration System
  • Abortion Perspective of Rape Victims Criminal Law Study
  • Delegation of Authority from Dentists to Dental and Oral Therapists in Performing Medical Actions From a Legal Perspective
  • Verplichte Overheidszaken Principle on the Perspective of Covid-19 Vaccination in Indonesia
  • Central Government Authority in Environmental Management In the Province
DOI: https://doi.org/10.62795/fjl.v1i1
Published: 2021-11-01

Artikel

  • The Position of State Institutions (Main & Supporting) Against the Trias Politica Concept Based on the Indonesian State Administration System

    Muhammad Hoiru Nail

    DOI : https://doi.org/10.62795/fjl.v1i1.7

    State institutions in a country listed in its constitution are a reflection that the country exists to provide certainty that the country is present for its citizens. State institutions themselves in a constitution consist of at least 2 (two) namely the main state organs (main state organs) and state auxiliary bodies (state auxiliary body), but in the 1945 Constitution of the Republic of Indonesia this is not explicitly stated. The two state institutions have a very important role in the Indonesian state administration system. the existence of the trias politica concept affecting the position of state institutions guaranteed in the 1945 Constitution of the Republic of Indonesia, requires a complete and comprehensive understanding of the study of the powers of state institutions guaranteed in a constitution. The flow of changes to the 1945 Constitution of the Republic of Indonesia only on the pretext of the need or importance of existing state institutions and has not been explicitly stated in the 1945 Constitution of the Republic of Indonesia must be dammed considering the sacredness of the 1945 Constitution of the Republic of Indonesia must be maintained (it is not easy to change the 1945
    Constitution of the Republic of Indonesia)

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  • Abortion Perspective of Rape Victims Criminal Law Study

    Anindya Prima Digantari

    DOI : https://doi.org/10.62795/fjl.v1i1.6

    Whereas in the Indonesian legal system, the act of abortion/abortion is prohibited. Even the act of abortion is categorized as a crime in the context of criminal law so that the perpetrator and the person who helps to do it are subject to punishment. However, although most Indonesians are aware of these provisions, there are still many women who have abortions. This can be seen from the data submitted by researchers about the number of abortions that occur in Indonesia. Abortion is also often done by women who are victims of rape. The reason often put forward by women who are raped is that having a child as a result of rape will increase their inner pain because seeing the child will always remind them of the bad event. However, not always triggering events such as having too many children, pregnancy out of wedlock, and rape victims make a woman choose to have an abortion. There are also those who still maintain the womb on the grounds that the abortion is a sin, so he chooses to keep the womb. Whatever reason is put forward for abortion, if it is not due to medical reasons, the mother and the person who helped to abort the pregnancy will be punished with a crime. This is because positive law in Indonesia prohibits abortion. But on the other hand, if the pregnancy is not aborted, it will cause new problems, namely if the child is born from a poor family then he will not get a decent living, while if the child is born without a father, he will be ridiculed by the community so that he will live his life in shame. . This is because in eastern Indonesian culture, it is not possible to accept children born out of wedlock. This reason sometimes makes women who are pregnant out of wedlock desperate to have an abortion. So in this case how is the study of abortion in the perspective of criminal law in Indonesia.

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  • Delegation of Authority from Dentists to Dental and Oral Therapists in Performing Medical Actions From a Legal Perspective

    Ni Made Witari Dewi

    DOI : https://doi.org/10.62795/fjl.v1i1.5

    Legal protection for the dental and oral therapist profession in carrying out medical actions is often less of a concern because in certain circumstances dental and oral therapists take actions that are not under their authority but are the authority of the dentist. Regulation of the Minister of Health Number 20 of 2016 concerning Permits and Implementation of the Practice of Dental and Oral Therapists, among others, regulates the competence and authority of dental and oral therapists in medical procedures. So the researchers focused on the problem, namely how is the delegation of authority from dentists to dental and oral therapists in carrying out medical actions? The method used in this study is a normative research method and the problem approach used is the applicable law approach and the conceptual approach. The results of the discussion found that the delegation of authority of dentists to dental and oral therapists in medical actions viewed from a legal perspective is that dentists can delegate a medical or dental action to nurses, midwives or certain other health workers in writing in carrying out medical or medical actions. tooth. This is clearly stated in Ministerial Regulation Number 2052 of 2011 concerning Practice Licenses and Implementation of Medical Practices. In Regulation of the Minister of Health Number 20 of 2016 concerning Permits and Implementation of Dental and Oral Therapist Practices, dental and oral therapists can carry out services under the supervision of a mandated delegation of authority from dentists. The two legal umbrellas can certainly make understanding and legal protection for dentists and dental and oral therapists in carrying out medical actions.

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  • Verplichte Overheidszaken Principle on the Perspective of Covid-19 Vaccination in Indonesia

    I Nyoman Prabu Buana Rumiartha

    DOI : https://doi.org/10.62795/fjl.v1i1.4

    That the outbreak of Covid-19 in December 2019, made the entire world community feel the impact of the spread of the covid-19 virus. The COVID-19 pandemic poses a big challenge for the government of a country in an effort to improve the health status of the community, one of which is Indonesia. The government is trying to break the chain of disease transmission through vaccination efforts to prevent Covid-19 infection. The Covid-19 vaccination law policy in Indonesia related to Presidential Regulation of the Republic of Indonesia Number 14 of 2021 concerning Amendments to Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Overcoming the Corona COVID-19 Pandemic (Perpres 14 2021) has been issued by President. The Covid-19 vaccination aims to reduce the transmission or contagion of COVID-19, reduce morbidity and mortality due to COVID-19, achieve group immunity in the community, and protect the community from COVID-19 in order to remain socially and economically productive. Covid-19 vaccination during a pandemic is a Public Goods effort carried out by the Government as an Obligatory Public Health Functions, therefore all vaccination costs must be fully borne by the government as in line with the Verplichte Overheidszaken Principle in a country in organizing and or run the government.

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  • Central Government Authority in Environmental Management In the Province

    Luh Ketut Ayu Manik Sastrini

    DOI : https://doi.org/10.62795/fjl.v1i1.3

    The authority of the Central Government and Regional Governments in environmental management is very large, so there needs to be clear restrictions on environmental management. With the authority possessed by the Regional Government, it is necessary to have a good form of supervision carried out by the Central Government so that various policies that damage the environment do not occur in the province. The Central Government must be active in conducting supervision so that environmentally sound development can be
    carried out properly by the Central Government and Regional Governments. If there are various problems that arise, the central government must handle them properly because the central government still has the authority to conduct various policy evaluations carried out by local governments so that local governments can exercise their authority proportionally in the field of environmental management. The Regional Government has the authority to manage the environment in the province. In carrying out government affairs under its authority, the regional government has the right to make policies in order to increase community participation in regional development. Law No. 9 of 2015 in conjunction with Law No. 23 of 2014 concerning Regional Government, there is a division of government affairs between the central government and local governments. The authority of the regional government is the authority that comes from the delegation of authority by the government to the autonomous region. The authority delegated to local governments, especially in environmental management, must be clearly regulated in a statutory regulation. Sustainable environmental management is a continuous environmental management. In this way, the impact of environmental management that is implemented will be felt in the long term. So that it can be felt by our next generation continuously.

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