Vol. 2 No. 1 (2022): Focus Journal Law Review Vol. 2 No. 1 (2022)

Artikel

• Correlation Theory of A.V. Dicey Perspective of the Rule of Law in Indonesia

  I Nyoman Prabu Buana Rumiartha

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  DOI : https://doi.org/10.62795/fjl.v2i1.19
  

  The rule of law is not only subject to the rule of law, but also includes ethical (moral) values, good norms in this case contained in the law or as a civilization that lives in society for the public interest which has an impact on society. There is equality before the law, in this case everyone regardless of their position and class in society is subject to the same law. Likewise, state functionaries are subject to the same laws as those that apply to ordinary people. Law which is a series of regulations and or laws and regulations that give birth to state institutions and or government agencies that have their respective authorities granted by the laws and regulations, where such authority and power cannot be used outside the legal corridor. This is because it must be subject to the principle of equality before the law. Based on this, it is worth understanding the correlation between the theory of A.V. Dicey perspective of the rule of law in Indonesia on Pancasila and the Constitution.

  Abstract : 836 views | PDF : 212 downloads

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• The Principles of the Trilogy of Justice and the Principle of Aanmaning Perspectives The Binding Power of Court Decisions

  Made Suka Dwiputra

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  DOI : https://doi.org/10.62795/fjl.v2i1.22
  

  The principle of the Judicial Trilogy which is simple, fast and low cost is one of the principles in civil procedural law applicable in Indonesia. Court decisions that have permanent legal force are not always the final result of a case or dispute if the losing party does not want to carry out the contents of the decision voluntarily. lose in a case to carry out the contents of the decision voluntarily. The formulation of the problem raised is the binding power of court decisions in unlawful acts and is also viewed from the perspective of the trilogy of justice principle and the principle of security. This study uses a normative legal research type, which is to examine and analyze legal materials and issues based on statutory regulations. In this case, whether the judicial institution in the aanmaning process does not become a juridical problem of the conflict between the trilogy of justice principles and the aanmaning in the judiciary. In the discussion, the theory of the legal system, the theory of legal certainty, the theory of authority and the theory of legal protection are used in order to be able to reach the description of what should be done in the future.

  Abstract : 250 views | PDF : 64 downloads

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• Dimensions of Intellectual Property Rights Law Regulations in Indonesia

  Anak Agung Sagung Ngurah Indradewi

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  DOI : https://doi.org/10.62795/fjl.v2i1.20
  

  Intellectual Property Rights are private rights where a creator/inventor is free to invite or not to apply for the registration of his intellectual works. That in Indonesia the existence of intellectual property rights as rights to immaterial objects or intangible objects. Property rights arise from a person's ability to produce a work based on the work of his brain/intellectuality, the results of that intellectual work then grow the concept of ownership of an intangible object in the form of intellectual property rights. Whereas intellectual property rights also recognize the existence of economic rights (economische) the community can take economic benefits from a copyrighted work of findings and or provide economic benefits that are positively useful in the community. The importance of understanding the Dimensions of Intellectual Property Rights Law in Indonesia, as a basis in implementing the protection of intellectual property rights in Indonesia (rechten/economic rights) in this case where the creators or inventors.

  Abstract : 354 views | PDF : 165 downloads

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• Return of State Financial Losses on Corruption Crimes

  Hidayatun Indriyani

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  DOI : https://doi.org/10.62795/fjl.v2i1.18
  

  Corruption is an act of enriching oneself or prioritizing personal interests. Corruption can harm many parties, both society and the state. Corruption is a threat to the ideals of a just and prosperous society. Based on Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption in conjunction with Law Number 20 of 2001, it is explained that the return of state funds or losses has been confirmed not to eliminate the conviction of perpetrators of corruption. Even though the perpetrator of the corruption crime has returned the state finances that he had corrupted before the court decision was handed down, the legal process is still ongoing because the crime has occurred. However, the return of corrupted state finances can be one of the factors that ease the sentence for the defendant when the judge makes a decision.

  Abstract : 210 views | PDF : 58 downloads

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• Patient Legal Protection Against Pharmacists Negligence in Drug Information Services at Pharmacies

  Ni Made Witari Dewi

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  DOI : https://doi.org/10.62795/fjl.v2i1.21
  

  Legal protection for patients due to negligence of pharmacists in providing drug information at pharmacies has received less attention because patients consider errors in providing drug information cannot be legally sued. Regulation of the Minister of Health Number 73 of 2016 concerning Pharmaceutical Service Standards in Pharmacies explains that pharmacists when handing over drugs to patients are accompanied by the provision of drug information. Patients are consumers who consume goods and or services from pharmacists in the form of drugs. Law Number 8 of 1999 concerning Consumer Protection explains that consumers have the right to correct, clear, and honest information regarding the conditions and guarantees of goods and/or services. So the researchers focused on the problem, namely what is the form of legal protection for patients against pharmacist negligence in drug information services at pharmacies? and how to solve problems between patients and pharmacists in drug information services at pharmacies?. 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 forms of legal protection that can be taken by patients are preventive legal protection and repressive legal protection. Legal remedies that can be taken by patients are through mediation, if the mediation is not resolved, then the patient can sue the pharmacist in court or out of court.

  Abstract : 186 views | PDF : 50 downloads

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