Aktual Justice
Description Jurnal Aktual Justice adalah jurnal ilmiah ilmu hukum yang mempublikasikan hasil kajian bidang ilmu hukum Redaksi menerima tulisan yang berupa hasil kajian penelitian hukum yang belum pernah dipublikasikan, orisinal, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tulisan yang masuk ke Redaksi akan diseleksi dan melalui tahap review mitra bestari (double blind review by peer group system) sebagai syarat untuk dapat dimuat. Aktual Justice diterbitkan secara online dua kali setahun oleh Magister Hukum Pascasarjana Universitas Ngurah Rai. Yaitu di bulan Juni dan Desember. Scope Aktual Justice terbit diterbitkan secara online dua kali setahun oleh Magister Hukum Pascasarjana Universitas Ngurah Rai. Yaitu di bulan Juni dan Desember. Jurnal ini adalah jurnal ilmiah Ilmu Hukum dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan hasil penelitian orisinal, gagasan konseptual, pemikiran kritis, dari para akademisi, peneliti, maupun praktisi yang belum pernah dipublikasikan. Fokus dan lingkup penulisan (Focus & Scope) dalam Jurnal ini meliputi: Hukum Pidana; Hukum Perdata; Hukum Acara; Hukum Internasional; Hukum Adat; Hukum Pemerintahan; Hukum Bisnis; Hukum Kontemporer.
Articles
72 Documents
<![CDATA[TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL ]]>
<![CDATA[Dewi Bunga]]>
<![CDATA[ Jurnal Aktual Justice Vol 3 No 1 (2018): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v3i1.440
<![CDATA[The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.]]>
<![CDATA[KONSEP REFORMASI BIROKRASI PELAYANAN PUBLIK DALAM PERSPEKTIF HUKUM KEPEGAWAIAN ]]>
<![CDATA[adrie adrie]]>
<![CDATA[ Jurnal Aktual Justice Vol 3 No 1 (2018): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v3i1.452
<![CDATA[To get a good government, bureaucratic reform is something that must be done from the beginning. Bureaucracy as a component of government must be returned to the functions, duties, and principles of public service. To develop public services that characterize good governance practice there are certainly many aspects that need to be addressed in the public bureaucracy. Writing of this scientific paper aims to know the concept of public service bureaucracy reform in the perspective of personnel law and to know the thinking of bureaucracy that can encourage good governance. Writing of this scientific paper using approach method that is normative juridical by way of researching library material which is secondary data and also referred [as] with research of library law. For data collection on the writing of this scientific paper, the author uses literature study techniques by reviewing data in the form of library materials by reading and studying literature books and legislation related to the issues discussed author. The conclusions of the writing of this scientific paper include: (1) The establishment of Regulation Number 5 of 2014 on the Civil State Apparatus enacted on January 15, 2014 which has brought new hope to accelerate the creation of a professional civil servants (ASN), free from political intervention, clean from corrupt practices, collusion and nepotism, able to provide public services for the community and able to perform the role as a glue of unity and national unity in order to achieve national goals; (2) Bureaucracy reform becomes an important part in realizing good governance. Bureaucracy reform is directed at efforts to prevent and accelerate the eradication of corruption in a sustainable manner, in creating good governance, clean governance, and free of KKN.]]>
<![CDATA[MALPRAKTEK YANG DILAKUKAN OLEH DOKTER DI RUMAH SAKIT ]]>
<![CDATA[Sagung Putri]]>
<![CDATA[ Jurnal Aktual Justice Vol 3 No 1 (2018): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v3i1.454
<![CDATA[The research is a research which aims to find out the criminal law policy toward doctors, who do malpractice in hospital, and to know the criminal liability of hospital for doctors who do malpractice in health service, and to see the role of Government Hospital in protecting society from malpractice done by a doctor. By law, hospitals and doctors may be held criminally liable in accordance with the provisions of Article 46 of the Hospital Law, Article 359 of the Criminal Code, and Article 361 of the Criminal Code. Hospital corporations can also be held criminally liable in accordance with the provisions of superior respondent theory, hospital liability, and strict liability. Criminal law policies against malpractice doctors in hospitals may be granted in accordance with elements of the act committed by legal subjects, the existence of errors, the existence of acts committed are unlawful, the perpetrator capable of responsible, and the existence of exceptions to criminal elimination.]]>
<![CDATA[REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS ]]>
<![CDATA[Cokorda Istri Dian Laksmi Dewi]]>
<![CDATA[ Jurnal Aktual Justice Vol 3 No 1 (2018): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v3i1.455
<![CDATA[The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.]]>
<![CDATA[PERAN SERTA ORGANISASI PEMBERDAYAAN KESEJAHTERAAN KELUARGA (PKK) DALAM UPAYA PENCEGAHAN DAN PENANGANAN DINI KORBAN KEKERASAN ]]>
<![CDATA[Anak Agung Istri Ari Atu Dewi]]>;
<![CDATA[Anak Agung Ketut Sukranatha]]>;
<![CDATA[I Gusti Ayu Putri Kartika]]>;
<![CDATA[Gusti Ayu Kade Komalasari]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.471
<![CDATA[The specific purpose and target of this research is to determine the role of family welfare empowerment organizations (PKK) in the prevention and early handling of women and children victims of violence. The reason for researching this topic is the increase in the number of victims of violence against women and children every year. Based on data from the Ministry of Women's Empowerment and Child Protection, it is shown that since 2012 it has increased from 18,718 to 54,041 cases in June 2017 and until February 2018 it has shown 374 cases of violence against women and children. In this case, the Government is responsible for providing optimal services needed by victims, both medical, psychological, and legal assistance in an effort to recover their condition. The government in providing services to victims should cooperate and partner with the community, especially in the prevention and early handling of victims of violence. Prevention and early handling of victims of violence at the village level can empower family welfare empowerment organizations (PKK) which are government partners that are considered effective in the prevention and early handling of women and children victims of violence in their areas. Based on these reasons, it is necessary to study in depth the role of the PKK organization in preventing and early handling of women and children victims of violence. To achieve specific goals and targets in this study, the research method used is a normative research method with a statue approach and a conceptual approach.The results of the study provide an overview 1) there is a clear regulation in the laws and regulations related to the participation of the PKK in preventing and early handling of victims of violence, what needs to be further regulated is regulation in the form of Village Regulations and customary law (awig-awig) related to the participation of PKK and indigenous women in the prevention and early handling of victims of violence. 2) the procedures for preventing and early handling of victims of violence need to be stated in the operational standards in the village and the traditional village paparem.]]>
<![CDATA[Politik Hukum Agraria Pada Tanah Ulayat ]]>
<![CDATA[I Nyoman Prabu Buana Rumiartha]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.472
<![CDATA[The responsive character of Law Number 5 of 1960 concerning Basic Regulations on the Principles of Agrarian Law is reflected in the norms contained in Article 5. The politics of agrarian law on customary land also refers to Article 18B paragraph (2) of the 1945 Constitution which emphasizes: "The state recognizes and respect indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law ". The above constitutional guarantees can then be traced in the UUPA, particularly in Article 5 of the UUPA which states that national agrarian law is based on customary law. This means that the legal strength of land rights for customary communities is highly guaranteed in Indonesia's positive law. That the control of ulayat / customary land is not regulated in writing but it is felt in the mind of each member of the customary law community, besides that the customary law community has historically been founded in philosophy before the birth of the Indonesian State.]]>
<![CDATA[AKIBAT HUKUM TENGENBEWIJS TERHADAP AKTA OTENTIK DALAM HUKUM PEMBUKTIAN PADA PERKARA PERDATA ]]>
<![CDATA[Ni Putu Riyani Kartika Sari]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.473
<![CDATA[As regulated on Article 164 HIR/ Article 284 RBg there are several kinds of evindence in civil cases such as written evidence, proof by witnesses, presumtions, confessions evidence, and oaths. One of the written evidence is authentic deed which was made by and before the authorized public officer at the place where the deed was made. The proof strength of authentic deed is perfect except declined and proven otherwise by the evidence of the opponent or tengenbewijs. Using notmative legal studies, this written is examining and discussing about the strength of the authentic deed and legal the strength of the authentic Regarding to the strength of an authentic deed on proofing process was of perfect proof which means what is written in the deed was really happened so that the judge must accept it and may not order the addition of proof anymore. But to the proof strength of the authentic deed can be defended by the evidence of opponent or tengenbewijs. The existence of evidence of the opponent against an authentic deed will invalidate the strength of perfect proof of an authentic deed because it will cause a lack on the authentic deed, so that in the process of proving the civil case, the authentic deed proof strength will be degraded to be an underhanded deed.]]>
<![CDATA[Pemberatasan Kejahatan Internasional berdasarkan Mutual Legal Assistance Treaties (MLATs) ]]>
<![CDATA[I Nyoman Sindhu Gautama]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.474
<![CDATA[The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.]]>
<![CDATA[SINERGITAS PRINSIP BHINEKA TUNGGAL IKA DENGAN PRINSIP PLURALISME HUKUM ]]>
<![CDATA[Benyamin Tungga]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.475
<![CDATA[In fact, bineka tunggal ika is a form of pluralism in one culture, ethnicity, religion, and others in one place, namely the state with Pancasila principles and the 1945 Constitution. Whereas the principle of legal pluralism is a situation where one or more legal systems apply at a time and place the same one. The purpose of this paper is to explain how the synergy of the single eka bineka principle with the principle of legal pluralism. The single unity principle that is manifested in the life of nation and state, one form of its implementation is explained in the Indonesian archipelago, a way of looking at the Indonesian people about themselves and their surrounding environment based on national ideas based on Pancasila and the 1945 Constitution. Using the basis of Pancasila and the 1945 Constitution as part of legal sources. Thus it can be concluded that there is a synergy between the single bineka ika principle and the principle of legal pluralism in the basic model of the Indonesian unitary republic which lies in the source of all sources of law, namely Pancasila and the 1945 Constitution.]]>
<![CDATA[PEMILU SERENTAK 2019 (PROBLEM DAN SOLUSINYA) ]]>
<![CDATA[Sukawati Lanang Putra Perbawa]]>
<![CDATA[ Jurnal Aktual Justice Vol 4 No 1 (2019): Aktual Justice ]]>
Publisher : <![CDATA[Magister Hukum Pascasarjana Univeristas Ngurah Rai ]]>
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DOI: 10.47329/aktualjustice.v4i1.476
<![CDATA[The General Election (Election) according to some circles is a routine agenda that consumes a lot of budget. This assumption is based on the implementation of elections that have been carried out by the Indonesian nation, which have not yet obtained results in accordance with the wishes of the people. In fact, people assume that the implementation of elections from 1955 to 2019 has not been able to produce a government that is according to the mandate in the 1945 Constitution, namely regarding the objectives of the State.]]>
