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Jurnal Hukum Saraswati
Published by Universitas Mahasaraswati
ISSN : 2715758X     EISSN : 27209555     DOI : https://doi.org/10.36733/jhshs.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Saraswati (JHS) is a journal that contains legal issues that are critically discussed by writers working directly in the field of law. This journal is published twice a year, in March and September and published by the Faculty of Law, Mahasaraswati University, Denpasar.
Arjuna Subject : Umum - Umum
Articles 10 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati" : 10 Documents clear
EKSISTENSI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM MENCEGAH TERBITNYA SERTIPIKAT GANDA DI KANTOR PERTANAHAN KOTA DENPASAR Made Emy Andayani Citra; I Made Sudirga
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v2i1.994

Abstract

Land is a very important thing for human survival, this is important because land is usually used to build buildings on it such as buildings, offices, housing and others. Land is important because it is used as a source of livelihood, which is land used as agriculture, animal husbandry, plantations and others. As the population grows, the need for land for residential needs and development needs is increasing, while the area of ​​land is relatively fixed. Although land has many benefits, land can also trigger disputes between people and others, because every human being wants to control the land owned by someone else due to the natural resources contained therein, or because of the value that can be generated from the land.With the increasing number of disputes that occur due to the land, there needs to be a breakthrough in handling it, so that with the issuance of the Systematic Complete Land Registration (PTSL) program it is very feasible to do to at least minimize the land dispute.
PERANAN HUKUM DESA ADAT BEGAWAN TERKAIT PENCEGAHAN ALIH FUNGSI LAHAN DI KAWASAN ALIRAN SUNGAI AYUNG I Made Hendra Wijaya; IDA AYU AGUNG APSARI; Putu Gd. Bayu Suta Pratama; I WAYAN NADI SUMANTA; Kadek Krismayanti
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v2i1.998

Abstract

The importance of the existence of Begawan Adat Village located in Payangan Subdistrict of Bali Province in maintaining the Ayung River watershed which aims to prevent land conversion, so that the Ayung River Basin does not become damaged and disrupt the lives of the people and ecosystems in the area. In terms of protecting the Ayung watershed, the village of Adat Begawan needs customary law as an umbrella in legalizing the actions of the people of the Adat Begawan village in protecting the Ayung river basin. Customary law owned by the Begawan Adat village is in the form of Awig-awig, and Pararem, as well as some customs which are usually contained in the Dresta, where all the customary laws in the Begawan traditional village are based on the Tri Hita Karana concept in protecting the Ayung River Basin.
KEBIJAKAN FORMULASI PENGATURAN PIDANA PENJARA TERBATAS DALAM PERUNDANG-UNDANGAN INDONESIA PERSPEKTIF IUS CONSTITUENDUM Putu Sekarwangi Saraswati
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

One of the efforts to tackle crime is to use criminal law with criminal sanctions. The type of criminal sanction that is most often used to tackle crime problems is imprisonment. Meanwhile, in its development, imprisonment is a type of criminal sanction that is currently receiving sharp scrutiny from experts. Many sharp criticisms have been directed at this type of criminal deprivation of independence, both in terms of its effectiveness and in terms of the other negative consequences that accompany it. In the new Penal Code Concept Book I in 1982 proposed a type of "new" criminal in the form of "criminal supervision" as an alternative to imprisonment. Prison convicts and criminal supervision actually are two philosophically contradictory concepts, because on the one hand imprisonment requires the convicted to carry out his crime within the institution, and on the other hand the criminal oversight requires the convicted to undergo his crime outside the institution (in the community), but still under supervision. Keywords: , ,
STRATEGI PENCEGAHAN DAN PEMBERANTASAN AKSI BALAPAN LIAR DI KALANGAN REMAJA NI PUTU NONI SUHARYANTI; Ni Komang Sutrisni
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Teenagers are a transition from children to adulthood. Adolescence often makes someone look unstable, so it is susceptible to negative behavior if there is a lack of control or supervision. One form of delinquency that is often done by adolescents is wild racing, where the impact is not only on oneself but also the surrounding environment. In preventing and combating illegal racing action among adolescents requires a strategy that is not only the main task of the Police, but all groups ranging from parents, schools, and the wider community. Various types of approaches also need to be taken, both internal and external approaches based on local wisdom, so that the Police can create synergy with families, schools, youth organizations, nongovernmental organizations, as well as traditional security forces in the local village. Keywords : , , ,
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA MENJUAL DOKUMEN PALSU MELALUI MEDIA SOSIAL FACEBOOK Ni Nyoman Muryatini
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The use of information technology today has caused the world to become borderless. Information is spreading quickly and broader. This is used by some individuals to carry out acts against the law by selling fake documents through facebook social media. The research method is a normative legal research aimed at finding and formulating legal arguments, through analysis of the main problems. The technique of collecting legal material is done by studying literature. The approach used in this study is the statutory approach, namely by examining the applicable legal rules related to criminal liability perpetrators of criminal acts selling fake documents through social media facebook.
PERUNDINGAN BIPARTIT SEBAGAI LANGKAH AWAL DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL I Nyoman Jaya Kesuma; I Wayan Agus Vijayantera
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The bipartite negotiation is the first attempt taken to resolve industrial relations problems that occur. Therefore it is interesting to conduct an in-depth analysis of the importance of conducting bipartite negotiations in the resolution of industrial relations disputes and the existence of collective agreements as a legal basis for implementing bipartite negotiation agreements. Bipartite negotiations as an initial effort to settle industrial relations disputes require good faith in the negotiation process, the formation of collective agreements, and the implementation of collective agreements. Carefulness and caution are also needed in the formulation of collective agreements so that agreement clauses not cause in losses or problems in implementation.
PENGANGKATAN ANAK BEDA KASTA DALAM PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA I Gede Pasek Pramana; Ni Putu Niti Suari Giri
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

This research has 2 objectives: (1) to find out and analyze the legality of adopting children of different caste; (2) to find out and analyze the responsibility of the state in the case of the cancellation of adopting children of different castes in the context of fulfill, respect and protect human rights. This research is a sociolegal research that examines the problem of adopting children of different caste from a normative perspective and an empirical perspective. Based on the results of the research, it was concluded that the adoption children of different caste is legal act according to positive law in Indonesia. In fact there are still cases of cancellation of the adoption children of different caste in Bali. The state responsibility in implementing efforts to fulfill, respect and protect human rights, the state then intervenes in cases referred to through mediation efforts and/or appointment of trustees.
PROBLEMATIKA PROSES PENYELESAIAN SENGKETA TUN DENGAN MENGGUNAKAN UPAYA ADMINISTRATIF SETELAH DIBERLAKUKANNYA UU NO. 30 TAHUN 2014 I Ketut Oka Astawa; Putu Lantika Oka Permadhi
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The use of administrative efforts in a state administration dispute was originally with an unsatisfied attitude towards an act of state administration. Although in its procedure, administrative efforts do not always have to be related to the case of litigation at a court in the state administrative court.This administrative effort is also one of the legal protections from the legal actions of a state administration agency or official.The positive side of doing administrative efforts that carry out a complete assessment of a State Administration Decree both in terms of Legality and Opportunity aspects,the parties are not confronted with the outcome of a win or lose decision as in the judiciary, but with a deliberative approach.
PEMERIKSAAN DAN PUTUSAN TANPA KEHADIRAN TERDAKWA TINDAK PIDANA KORUPSI DALAM PENGADILAN KAITANNYA DENGAN HAK ASASI TERDAKWA I Nyoman Agus Trisnadiasa; Ni Komang Ratih Kumala Dewi
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The perspective of legal development, examination and decision without the presence of the defendant in a corruption case are regulated in the provisions of Article 38 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, but there are norms that are contrary to the principle of the presence of the accused before the accused the trial is governed by the provisions of Article 189 paragraph (1) of the Criminal Procedure Code. These conflicting norms create a dilemma for choosing practices in absentia that eliminate the rights of the accused or protect the rights of the suspect. The research method used in this study is normative research.Article 38 paragraph (1) of the Law on the Elimination of Criminal Acts of Corruption can be applied provided that a legal summon is first carried out. and the procedure does not violate the defendant's human rights, bearing in mind the principle of derogation which, as in the application of Article 29 of the UDHR, Article 4 paragraph (2) of ICCOR and Article 28J of the 1945 Constitution, rights which can be postponed Keywords: , ,
EFEKTIFITAS PENARIKAN ROYALTI BAGI PELAKU USAHA KARAOKE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Duwi Aprianti
Jurnal Hukum Saraswati (JHS) Vol. 2 No. 1 (2020): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Withdrawal Royalties are the utilization of the economic rights of a work related to the receipt by the creator or the copyright holder. Copyright is a creation created by the creator in a tangible form by not reducing restrictions in accordance with the provisions of legislation. Copyright applies in all areas of life one of which is the art of music. Songs that have been registered must get Royalties if they are to be used for commercial purposes, the only other who often violates is a commercial karaoke business in royalty payments. The method used in this study is the empirical law whose purpose gives a description of the provisions in the effort to withdraw royalties for commercial business Karaok

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