Suchergebnisse

The condition among the Indonesians nowadays indicated that there are many legal cases, especially in the medical disputes between doctors and hospitals on the one side towards their patients on the other side. The medical disputes are basically emerged because there is an inequality between patients expectation with reality that patients get. The first problem of this research is how are the legal relations of doctors and hospitals on the one side towards their patients on the other side under the Indonesian civil law system, and the second problem of this research is what are the criteria to determined doctors and hospitals could be liable under the civil law system towards their patients damaged in the medical disputes. The first objective of this research is to study and analyze how are the legal relations of doctors and hospitals on the one side towards their patients on the other side under the Indonesian civil law system, and the second objective of this research is to study and analyze what are the criteria to determined doctors and hospitals could be liable under the civil law system towards patients damaged in the medical disputes. The method used in approaching the problem of this research is normative juridical. The type of this research is descriptive analytics. The source of this research is from secondary data with using primary legal substance, secondary legal substance, and tertiary legal substance. Based on the result of the research, it can be concluded that are, first, the legal relations between doctors towards their patients in medical services emerged because there are therapeutic contractual and the regulations which is regulated in Civil Law Code Article Number 1233, while the legal relations between hospitals towards their patients included in common contractual which is regulated in Civil Law Code Article Number 1234, and also could emerged according to Civil Law Code Article Number 1367 (3). Second, the criteria for doctors and hospitals can be declared responsible for the loss of patients, are because of negligence by doing medical actions contrary to the standards operational procedures (SOP) and the service standards, and also because of negligence based on legislation.

Outsourcing was born as a side effect of the implementation of business process reengineering (BPR). Another problem that arises from outsourcing practices is the elimination of labor rights by employers. Based on the Constitutional Court Decision (MK Decision No. 27 / PUU-IX / 2011), the Court emphasized that Outsourcing is a reasonable business policy of a company in the context of business efficiency. However, workers who carry out work in an outsourcing company may not lose their rights which are protected by the constitution. Following up on the Constitutional Court Decision, the Ministry of Manpower and Transmigration has issued Circular Letter Number B.31 / PHIJSK / I / 2012 concerning Implementation of the Constitutional Court Decision Number 27 / PUU-IX / 2011 dated January 17, 2012. Based on this, there are 3 (three ) The legal issues that the author will examine are: (1) How is the suitability of the implementation of the provision of worker services at PT. Semen Padang with the applicable law; (2) How to fulfill workers' rights in the implementation of Worker Service Provision at PT. Semen Padang; and (3) What are the negative and positive consequences of the implementation of the Provision of Worker Services on workers' rights at PT. Semen Padang. This exploratory research reveals how the application of legal norms from Law Number 13 of 2003 concerning Manpower and Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Requirements for Submission of Part of Work Implementation to other companies at PT. Semen Padang. From the results of the study concluded that: (1) Implementation of the provision of employee services at PT. Semen Padang has not complied with the applicable law. On the one hand, PT. Semen Padang has implemented the provisions of Article 66 paragraph (3) of the Manpower Act. PT. Semen Padang has set one of the most basic requirements, namely the vendor must have an Operational Permit (SIO) for Manpower Providers issued by the Department of Manpower (Disnaker) of West Sumatra Province. PT Semen Padang has also complied with the provisions of Article 17 Paragraph (3) of the Regulation of the Minister of Manpower and Transmigration No. 19 of 2012. On the other hand, PT. Semen Padang still uses worker service providers for jobs that are not regulated in Article 17 of the 2012 Minister of Manpower Regulation or even doing work that should be done by employees of PT Semen Padang itself; (2) The fulfillment of the rights of outsourcing workers at PT Semen Padang has been carried out quite well, where this can be proven by PT Semen Padang providing legal protection to Outsourcing Workers through the Decree of the Board of Directors of PT.Semen Padang No. 0000143 / HK.00.02 / SKD / 50003853/3000 / 12.2017 dated 21 December 2017 concerning Changes in the Value Structure of PT Semen Padang's Outsourcing Labor Contract, and (3) Implementation of Provision of Worker Services at PT. Semen Padang has negative consequences and positive consequences. The negative consequence is the high level of jealousy of the outsourcing workers towards organic workers, both in terms of the type of work performed, the uniforms worn, and differences in workers' rights. One of the positive consequences of employing outsourcing workers, labor costs can be reduced in one way through the provision of worker services.

The legal basis for ship mortgage guarantee institutions is contained in several statutory provisions namely the Civil Code, the Commercial Code, the International Convention on Maritime Receivables and Mortgage 1993 which has been ratified by the Indonesian government through Presidential Regulation No. 44 of 2005, Law No. 17 of 2008 concerning Shipping. Article 1162 of the Civil Code formulates the notion of a mortgage that is a material right over immovable property to take the compensation thereof for the settlement of an agreement From the formulation of the definition of the ship mortgage, contained the meaning that in the ship mortgage inherent property rights, so the ship mortgage is a material guarantee. As a guarantee of materiality, it gives absolute rights to creditors on an object, can be defended against anyone, has inherent nature and always follows the object in the hands of whoever that object is (droit de suite). In one of the mortgage clauses, PT. Kartika Nusantara Riezkytama insuring Karunia Motor Ship in the company of PT. General Takaful Insurance, PT. Nusantara Riezky Tama insured the Motor Boat with the type of Total Loss Only insurance and claimed the insurance. PT. General Takaful Insurance is the first shariah general insurance company for all insurance needs in Indonesia that was established in 1995. Sharia insurance is insurance based on sharia principles with the effort to help and protect each other among the participants through the formation of a collection of funds managed according to sharia principles to face certain risks. This problem continues in the trial at the South Jakarta Religious Court between PT. Bank Muamalat Indonesia with insurance company PT. General Takaful Insurance with a breach of lawsuit for not carrying out the obligation to pay the claim for the loss of a motor boat resulting in losses of PT. Bank Muamalat Indonesia.

Credit take over agreements with guarantees of Mortgage Rights in the banking world can still be said to be attractive because CCB Indonesia Pekanbaru Branch is carrying out a binding agreement on take-over credit and Power of Attorney Imposing Mortgage Rights with the conditions of Land Rights Certificates and Mortgage Certificates still attached Mortgage rights for the Initial Creditors / Banks that are taken over. CCB Indonesia in approving the take over credit facility with the main consideration being that the debtor has a history of credit collectibility in the Debtor Information for the Financial Information Service System / IDEB SLIK OJK with current credit collectability. Debtors choose to take over credit facilities to CCB Indonesia because they obtain lower lending credit interest rates, higher credit facility ceilings, faster approval processes and credit decision making compared to Initial Creditors, free of administrative fees and free of notary fees. The main problem in this study is how to take over credit agreements with guaranteed mortgage rights at Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. How is the legal protection for the parties with a credit take-over agreement (take over) with guaranteed Mortgage Rights at Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. The method used in this research is empirical juridical research. Respondents / Informants as well as samples in this study are Credit Operations Head of "CCB Indonesia" Pekanbaru Branch of 1 (one) person and 7 (seven) Notary Partners of "CCB Indonesia" of Pekanbaru Branch. Data collection tool in this study was in the form of an interview. This research is descriptive in nature, providing complete and clear data on loan takeover agreements with guaranteed mortgage rights at Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. The results of the author's research indicate that the specificity of the credit take-over agreement (guarantee over) with guaranteed Mortgage in Article 3 explicitly specifies that currently the object of Mortgage Guarantee is still in the initial creditor / bank (taken over) and Article 4 expressly specifies that The debtor will transfer the funds to the initial creditor / bank account (taken over) from the proceeds from the disbursement of credit facilities obtained by the Debtor from the CCB Indonesia Pekanbaru Branch. After the signing of the credit agreement has been fulfilled, the Partner Notary issues a Cover Note / Certificate submitted to CCB Indonesia to continue the transfer of funds to the Debtor account at the Initial Creditors / Banks which are overtaken. Legal protection for the Parties in the Take Over Agreement with guaranteed Mortgage is carried out in 2 (two) forms, namely preventive and repressive from CCB Indonesia Creditor and Partner Notary.