The problem of blaming victims is related to the strong traditions and culture of the community that still perpetuate gender stereotypes. This study aims to examine the implications of patriarchal culture on the position of women as subordinates, the concept of blaming the victim against the women victims of sexual violence and human rights studies on victim blaming and labeling for women victims of sexual violence. The culture of gender injustice in the society makes women often get negative labels, in which the women who look beautiful and dress up using rather tight and sexy clothes are always considered as inviting the opposite sex to commit sexual harassment. This is then always used and associated with labeling of victims of sexual harrasment in which the society tends to blame victims of sexual harrasment or victim blaming. This type of research is a normative juridical research that is prescriptively providing solutions to the legal protection for victims related to victim blaming and labeling women as victims of sexual violence in the view of human rights that difinitely violates the constitution and law.
The negative impact of the development of the tourism industry, information technology and communication and transportation in addition to problems of poverty, unemployment, dropping out of school, and limited employment is still an unresolved problem, thus further encouraging the Commercial Sex Exploitation of Children. Through strengthening Desa Adat and regulating child protection in awig-awig or pararem regarding strengthening the position of children in Bali by incorporating the concept of local wisdom will certainly be able to reduce the number of sexual violence and child exploitation in Bali, so that synergy in solving positive legal cases will be easier effective, because if a case occurs, it will be resolved first within the scope of the village through prevailing customary law before continuing into the realm of positive law. Arranging and determining Awig-awig who adopt local wisdom concepts and values including Tri Hita Karana, Tri Kaya Parisudha, and Tat Twam Asi are able to reflect religious, ritual and upakara elements in preventing sexual violence and exploitation of children.
The practice of insider trading is a very neat offense, the object it is working on has been planned carefully and carried out gradually, so it is certainly understandable that to catch the culprit is not an easy matter. Oversight of the Financial Services Authority on the actions of insider trading actors may prevent insider trading practices by certain parties, especially the unregulated tippee (legal vacuum) in the Capital Market Law. This research is a type of normative juridical research by raising legal issues concerning the characteristics of tippee actions in the practice of insider trading on the capital market in Indonesia. The results of the study found that to be a tippee regulated in the Capital Market Law, it is necessary to have an "effort" from the tippee itself to get inside information, whether by acting against the law or not. From this arises a weakness in the arrangement regarding insider or parties that are prohibited from conducting securities transactions. The weakness is that it does not regulate tippees who get insider information passively (not doing business). Tippees who are prohibited from conducting securities transactions are active tippees who, on their own initiative, seek insider information, where: a). The information is sought by breaking the law, such as by stealing, persuading, violence, or threats, or). The information is with restrictions (such as confidentiality obligations). So the advice that can be given is that it should be made more stringent arrangements related to tippee actions in order to create legal protection against tippee actions in insider trading which is very detrimental to investors. Legal protection is in the form of making legal rules that are fair and dynamic because by enforcing and making legal rules that are fair and dynamic, it will create an investor's trust to invest their capital in the Indonesian capital market.
AbstrakPembentukan hukum yang mengadopsi nilai-nilai kearifan lokal akan mencerminkan hukum yang bersifat pluralistik, mewakili seluruh elemen masyarakat. Dalam menghasilkan hukum yang bersifat responsif dan adaptif, yang selalu aktif memperbaharui hukum menuju arah yang diinginkan oleh masyarakat dan usahanya untuk mengadakan perubahan-perubahan sosial yang selalu berusaha untuk melayani masyarakat pada tingkat perkembangannya yang pesat, maka dibutuhkan nilai-nilai kearifan lokal yang hidup, tumbuh dan berkembang membentuk pola hidup masyarakat. Salah satunya adalah nilai kearifan lokal Tri Hita Karana, Tri Kaya Parisudha dan Tat Twam Asi.
The agreement is made to undertake a treatment for an illness, which resulted in the conclusion of a therapeutic contract under Laws as regulated under Article 1233 of the Civil Code of Indonesia (Kitab Undang-Undang Hukum Perdata). Every legal relationship will result in rights and obligations. Medical malpractice is usually caused by an unfulfillment of a patient’s basic rights because of the lack of communication or information, which are the basic rights of a patient. The dispute settlement through court system is unsatisfactory for either patient or doctor. Therefore, a dispute settlement that is considered ideal is through non-litigation process, which is mediation, to achieve win-win solution. Procedures for mediators to mediate such malpractice dispute are in accordance to seven principles, which are also regarded as the seven bbaasic philosophies of mediation for medical dispute, which are known as the principle of Iknemook. The contents of the Iknemook principle for mediator in medical malpractice dispute settlement through mediation are the problems in this research. This research aims to assess and study the seven principles of Iknemook for mediator in medical malpractice dispute settlement through mediation. This research is categorised as a library research with a specification of descriptive research, which is presented to explain Iknemook principles for mediator in medical malpractice dispute settlement through mediation. This research finds that the principles comprised of the principles of good faith of both parties, trust, neutrality, exclusivity of a mediator (med-power), open-mind, autonomy, and confidentiality.
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