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JURNAL HUKUM PRASADA

prasada
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Published by Universitas Warmadewa

ISSN : 2337795X EISSN : 25484524 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.It aims is to provide a place for academics and practitioners to publish original research articles, review articles, and book reviewsThe scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshopy of Law, and Human Rights are particularly welcome. This journal published by Warmadewa University two times a year in march, and november by Warmadewa University Press.

Arjuna Subject : -

Articles 120 Documents

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Regulation Of Location Permits For Tourism Investment Fatikhah Kismilarsih; Simon Nahak; I Ketut Widia
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

The authority of regulating the permits of location for tourism investment is entitled to the government as a public official to control in accordance with the applicable procedures. The aims is to discover the legal norms that are the authority in providing the location permits for tourism investment. The method used was conducted by applying normative juridical law and exploiting related legal theories as an analysis device for the object being studied. The result is conflicts occur between Artcile 1 number 8 and Article 1 number 7 of the Regulations of the Ministry of Agrarian and Spatial / the Regulations of the Head of the Agency of National Land of Indonesian Republic, in the item 14 of 2018 pertaining to Location Permits, as well as its hierarchically preceding laws, which are Tourism Law dan Investment Law. The licensing is issued by vertical public officials to oversee the investors in the tourism sector who carry out their business activities to realize prosperity for all levels of society, according to the mandate of the preamble of the 1945 Constitution of the Republic of Indonesia. Any decisive action from the provincial, district and / or municipal governments in consonance with the applicable provisions is definitely necessary to draft regional regulations which exclusively governing the Norms, Standards, Procedures, and Provisions concerning supervision, guidance and issuance of permits for tourism investment locations, so that there is a legal umbrella for the law enforcement officers in issuing the Location Permits for Tourism Investment.

Impact of Conversion in Law Number 5 Years 1960 Concerning Basic Rules on Agrarian Costs on the Rights of Indigenous People's Ownership in Bali I Dewa Gede Arie Kusumaningrat
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Agrarian development in Indonesia has experienced a long history, it is noted that the milestone in the development of agrarian law in Indonesia dates back to the Dutch colonial period in Indonesia. During the Dutch colonial period in Indonesia there was a dualism of agrarian arrangements in Indonesia, besides that the regulations made by the colonial government did not provide welfare for the people of Indonesia because it was far from a sense of justice. After Indonesia's independence in 1945, agrarian became one of the important concerns of the government and in the end after going through a long process Indonesia established the Basic Agrarian Law (UUPA. With the creation of UUPA providing fundamental changes to the agrarian in Indonesia, especially in the land sector, one of which is related with rules regarding the conversion of land rights.The existence of rules regarding conversion affects the rights of indigenous peoples' land, especially in Bali.This research was carried out using the approach of the statue (the statue approach) and the conceptual approach (conseptual approach). land regulation in Indonesia by establishing a LoGA which is expected to be able to provide justice and prosperity for the people of Indonesia, while the conversion rules contained in the LoGA have a positive impact but also a negative impact on the rights to land ownership of indigenous peoples, especially in Bali.

Role and Function of Indonesian Child Protection Commission in Providing Against Victims of Violence in the Street Fransiska Novita Eleanora; Andang Sari
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

The law of child protection is very important and determines the future of family, community, nation and state formation. If a country's child protection law is formulated, ratified, and enforced concretely in terms of substance, structure and culture applied consistently and continuously, then the position of the child both in family, community and nation will become a very strong pillar and foundation. for a country to achieve its objectives nationally independent. Improper treatment or discrimination is the duty and responsibility of guardians or other parties and their parents. Getting the right opportunity to protect and grow socially, physically, and even spiritually is absolutely given because the future leaders of the nation and the next generation will be able to fight for the nation and its ideals. Eliminating discrimination requires equality in all aspects of the field because it involves the same views and opportunities where women and men have equal access and opportunities, equality of views does not mean women must be equal to men, because women are naturally different from men. Because children are the generation and successors of the nation, the Government forms an independent institution whose task is to shade and provide protection or supervision of children who are victims of crime, namely the Indonesian Child Protection Commission (KPAI) providing data reporting and assisting these children to obtain rehabilitation or recovery related to their rights.

Dimensions Of Consumer Protection In Criminal Law Perspective And Islamic Economic Law Perspective Alviani Vinsensia Simarmata; Pujiyono Pujiyono
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Indonesia has a function as an organizer of public welfare, one of which is an effort to realize consumer protection.The purpose of this study is to determine consumer protection from the perspective of criminal law and the perspective of Islamic economic law This research uses a normative juridical method, to answer the main problem, namely how consumer protection in the KHUP perspective and Islamic economic law. This research found the definition of consumers regulated in the Law on consumer protection has a narrower meaning than the meaning of business actors (unbalanced). A balanced understanding of both will bring a positive influence on consumer coverage that must be protected as regulated in Islamic law. Islamic law and the Criminal Code both regulate the problem of consumer protection to create benefit, justice, balance, security and safety and guarantee legal certainty. The difference is that Islamic law reveals the values of religiosity by not putting aside social and humanitarian values (vertical and horizontal relations / habibum minallah wa hablum minannas), while the Criminal Code shows more social and humanitarian values (horizontal relations / hablum minannas) so that provide legal certainty.

Criminal Liability of Parents Who Abandon Children With Disabilities Ni Nyoman Muryatini
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Not all parents sincerely accept and give affection to children with disabilities. Disabled children are still considered a disgrace from the family therefore so many cases of children to abandon with disabilities carried out by their own parents. Humans are creatures created by the Almighty God who has the same position. Every human being has the dignity and inherent of humanity. This condition should not be the cause of the dignity lose of children with disabilities or an excuse for not aligning them with other children. Indonesia guarantees the survival of every citizen, including persons with disabilities who have the same legal and human rights position as Indonesian citizens. The act of abandoning children with a disability is a crime that must be held a liability to each of the perpetrators including both the children’s parents and children who are victims of abandoning from their parents must obtain legal protection from the government. This research is analyze the criminal liability of parents who abandon children with disabilities. The method used was normative law which aimed at finding and formulating legal arguments, through analysis of the subject, the approach used in this study was legislation approach by examining the applicable legal rules related to criminal liability of parents who abandon children with disabilities.

Authority of the Public Order Enforcers in Organizing Public Order in Badung Regency I Gede Suanda Dwija
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

This research is based on the background of the problem of the gap between the substance of the Regional Regulation of Badung Regency Number 7 of 2016 concerning Public Order and Peace of the People in the Badung Regency region with the facts that occur in the field. The aims was to find out how the authority and remedies for enforcement of regional government regulations in the context of implementing public order and peace of mind by the Public Order Enforcersin Badung Regency. The research method used is quantitative descriptive with an empirical legal research approach. The data used are primary data, secondary data and tertiary data. The method of determining the sample used is probability sampling. Data is collected through documentation techniques, observation and interviews. The results showed that the authority of Badung District Public Order Enforcersin organizing public order was regulated in the Badung District Regulation Number 7 of 2016 and supported by other Regulations in the Badung Regency area. Legal efforts of the Public Order Enforcers such as the act of controlling, demolition, sealing, closing the business operations and so forth. The remedies are pre-incentive non-judicial and judicial.

Legal Certainty of Guarantor for the Existence of Foreign Investors in Indonesia I Made Rusdiko; I Ketut Widia; I Wayan Rideng
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

One of the effects of globalization is the development of an increasingly complex investment scope, among others, the emergence of certain Foreign Investors who set up companies in Indonesia with management status and full ownership by these investors. This has obscured the provisions regarding guarantors for their existence in the Indonesian Territory as stipulated in Law No. 6 of 2011 concerning Immigration. The Law on Limited Liability Companies and the Investment Law, does not provide a regulation regarding the obligation of the existence of Indonesian Citizens in the management of companies established by foreigners who have been guarantors. The formulation of the problem to be examined is: how is the legal certainty of the guarantor and who can be the guarantor for the existence of the foreign investor in obtaining a residence permit in Indonesia. This type of research is normative legal research because of the absence of norms, referring to Article 63 paragraph (1) of Law Number 6 Year 2011 concerning Immigration. Based on the results of the study concluded that there has been a vacuum of norms regarding guarantors for certain foreign investors in obtaining guarantors that guarantee their existence in the Territory of Indonesia. This causes legal uncertainty for the guarantor and the investor in obtaining a residence permit. Therefore it is necessary to deregulate existing laws and regulations so that the guarantor and investors get legal certainty and protection while they are in the territory of Indonesia.

Legal Protection Against Offenders in the Process of Investigation in the Resort Police of Denpasar City Dian Martina Octavia; Simon Nahak; I Ketut Widia
Jurnal Hukum Prasada Vol. 6 No. 2 (2019): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

The involvement of children in a crime is a phenomenon that is rife. As is the case in the Denpasar City Police Department, where there are children who commit sexual intercourse with friends of their age. In the investigation process, the child as the perpetrator of the crime, found a gap between the prevailing norms and practice, namely in Article 64 of Law Number 17 Year 2016 concerning Child Protection stipulates that, special protection for children facing the law, which is wrong one is getting assistance by a parent or guardian. This research was analyze the form of legal protection against the offender's offender in the investigation process and the obstacles to children as perpetrators of criminal acts in the investigation process at the Denpasar City Police Department. This research was empirical research conducted through the method of legislation and legal concepts as the basis of research. The approach in this study uses the legal concept approach, and the legal approach. Based on the results, it was found that the form of child protection as an offender in the police investigation process was divided into two, namely Preventive protection and Repressive protection. Special treatment of children as perpetrators of criminal offenses is carried out with diversion. The diversion effort is one of the Preventive efforts applied to children facing the law which is a settlement of criminal cases outside the court while the Repressive effort that can be done is to provide a quick, precise and efficient investigation process. The factors that become obstacles in the context of investigating children are the factors of underage children, which makes it difficult for the investigation process, the number of parties involved, parents and surrounding communities who are less concerned. The advice given is first, full awareness of the police is needed in the preventive and repressive stages of children facing the law so that in the future this case can be handled properly and efficiently. Second, it is necessary to familiarize parents or related parties who stumble over child problems that intersect with the law so that in the future there will be no more indifference from the parents or related parties in dealing with such crimes.

LEGAL PROTECTION ON CULTURAL HERITAGE IN MALANG CITY Diah Imaningrum Susanti
Jurnal Hukum Prasada Vol. 5 No. 1 (2018): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Abstract Protection of cultural heritage is a nation's commitment to protect its cultural heritage. This study aims at finding the relationship between the law on cultural preservation and the law of traditional cultural expression in copyright law, especially about cultural richness and its juridical consequences and to know the application of law on cultural heritage in Malang as mandated by Law Number 11 of 2010 on Cultural Heritage. To achieve these objectives, juridical research was conducted with the orientation of two approaches, namely normative juridical to achieve the first objective, and empirical juridical to achieve the second goal. The normative approach was carried out with the stage of conducting a positive law inventory and its historical context, classification, and semantic, syntactic and phenomenological analysis. Empirical juridical research was conducted by examining how the practice of implementing the cultural heritage law in the field, namely in the city of Malang. Primary data obtained through observation and interviews with informants. Secondary data obtained from the document of education and culture of Malang City, books and related journals. Data analysis was done by triangulation with experts in the field of cultural preservation, presented in the form of description and tables. The results showed that: 1) there is an unconformity between the laws governing cultural heritage and copyright law, especially Traditional Cultural Expression. 2) In the city of Malang, the protection of cultural heritage has not been fully done since there is no Culture Preservation Ethic, Cultural Heritage Team of Malang City that can not work optimally. Keywords: Cultural Reserve, Traditional Cultural Expressions, Cultural Heritage

Kekuatan Mengikat MoU Antara PT. Bali Tourism Development Coporation (BTDC) Persero Dengan PT. Jaya Makmur Bersama Dalam Perspektif Investasi Pada Sektor Industri Pariwisata Budi Adnyana; Simon Nahak; Ketut Widia
Jurnal Hukum Prasada Vol. 4 No. 2 (2017): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Abstrak Nota kesepahaman yang di dalam lalulintas bisnis sering disebut sebagai Memorandum of Understanding (MoU), sering dipahami berbeda oleh para pelaku bisnis dan juga oleh parapakar hukum. Perdebatan panjang tentang kekuatan mengikat dari MoU sebagai alat bukti diuji dalam perkara yang terjadi antara PT.BTDC Persero melawan PT. JMB yang bergulir dari Pengadilan Negeri Denpasar, lalu di Pengadilan Tinggi Bali, dan berakhir di Mahkamah Agung.Penelitian ini bermaksud untuk menjawab permasalahan tentang, bagaimana kekuatan pembuktian MoU sebagai alat bukti, dan dampak dari bergulirnya perkara ini di pengadilan terhadap iklim investasi di Bali. Ada tiga teori yang dipergunakan dalam rangka untuk membedah dan menganalisa permasalahan yang dimaksud. Ketiga teori itu adalah, teori kepastian hukum, teori perjanjian, teori perlindungan. Metode peneltian yang dipergunakan adalah metode penelitian hukum normatif.Temuan penelitian ada dua yaitu, MoU sebagai alat bukti tidak mempunyai kekuatan pembuktian sempurna dalam sebuah perjanjian, kekuatan pembuktiannya disamakan dengan surat biasa karena dianggap masih sebagai kesepahaman moral dalam rangka untuk melakukan perjanjian inti. Simpulan yang keduaa dalah, bergulirnya perkara antara PT.BTDC Persero dengan PT. JMB di pengadilan, secara signifikan tidak berpengaruh tehadap iklim investasi di bali, juga tidak terlalu berpengaruh terhadap aspek sosial, budaya, dan agama di Bali. Kata Kunci: MoU, PT. BTDC, PT. JMB., alatbukti, investasi

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