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INDONESIA
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 139 Documents
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STATUS BADAN HUKUM TERHADAP PERSEROAN TERBATAS YANG DIPUTUS PAILIT Pratiwi, Agustina Ni Made Ayu Darma
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Writing entitled "Status of Legal Entity Towards a Broken Company Limited Liability Company" The company has declared bankruptcy in an insolvency state and the revocation of the Company's business license. The liquidation of the Company does not eliminate the status of the Company's legal entity directly, the status of the new legal entity ends with the completion of liquidation and the liability of the liquidator is accepted by the General Meeting of Shareholders or the Court, by declaring bankruptcy, the company cannot carry out its activities and cannot even carry out transactions with other parties except for liquidation. The only activities that can be carried out are liquidation or settlement namely collecting receivables, calculating all company assets and all of them are sold to payoff the company's debts.
TINJAUAN YURIDIS TERHADAP TANAH HAK MILIK BERSAMA SEBAGAI AGUNAN DALAM PERJANJIAN KREDIT DI BANK BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 Sudirga, I Made; Citra, Made Emy Andayani
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The purpose of this study was conducted to determine the legal effects that arise in pledging the land of common property rights as collateral in the Bank in terms of Law No. 4 of 1996 on Encumbrance Right Over Land And Land Related Objects. This research method using normative research method by reviewing the Law No. 4 of 1996. Data analysis is done to solve the problems contained in the problem formulation by using descriptive qualitative data analysis. From this study obtained the result that the land of common property rights may be assumed that the land is owned by more than one person whose names are listed in the land title certificate as the land owner. the land is owned by more than one person and there is no clear division, then the authorities to take legal action on the land are all three together. Therefore,the legal effect is the existence of the consent of the other party by giving a special power of attorney to such person to act for and on their behalf to pledge the land.
HAK ATAS LINGKUNGAN HIDUP DILIHAT DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA Permadhi, Putu Lantika Oka
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Violations of human rights (HAM) in the environmental field have occurred in almost all levels of community life. The violation should be interpreted as a threat to Indonesian human civilization. In turn it accumulates and leads to violations of economic rights, violations of social and cultural rights, civil and political rights. The phenomenon of the right to a good, healthy and balanced environment as a human right, related to the reality of environmental management in Indonesia has not yet been realized. Related to the issue of environmental damage, the right to the environment in the perspective of human rights is interesting to be examined and studied, in order to describe the conception of human rights and the right to the environment, the regulation of the right to the environment in Indonesia's positive legal provisions, the right to the environment good and healthy is a human right, and its implementation in environmental management policies.
KEPUTUSAN FIKTIF DALAM UPAYA ADMINISTRATIF TERHADAP KEPUTUSAN APARATUR SIPIL NEGARA Susrama, I Nengah; Sukma, Putu Angga Pratama
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Substitution of Regional Head, there is usually a mutation / change of civil servants due to a cause due to internal factors that tend to be feudal culture. One of the efforts to resolve the transfer / replacement of civil servants by promoting administrative efforts towards the decree. When this administrative effort is carried out with a specified grace period, the Government Agency or Official does not respond / remain silent. This silence is the granting of the administrative effort (positive fictitious decision) of the applicant based on the Administrative Law of the Government.
KEWENANGAN DESA ADAT DALAM PENGELOLAAN KEPARIWISATAAN BUDAYA BALI DALAM PERSPEKTIF PERATURAN DAERAH NOMOR 4 TAHUN 2019 TENTANG DESA ADAT Yanti, A.A. Istri Eka Krisna
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

This reseach focuses to analyze the authority of the Desa Adat (traditonal village in Bali) in managing Balinese Culture Tourism, because Balinese Culture is the main attraction of Balinese tourism which is determined by the government as the main foundation in the development of Balinese tourism. Balinese culture is implemented, maintained and developed by the Balinese customary law community in Desa Adat, so that in this reseach the writer is interested in two legal problems; 1. What is the arrangement of village dualism in Bali to managing Balinese Culture Tourism? 2. What is the authority of Desa Adat in managing Balinese Culture tourism based on Regional Regulation Number 4 of 2019 regarding Desa Adat?. The research method used in this study is a normative research method with a focus on legislation and literature that is relevant to the research topic. Based on research study, there are several forms of villages in Bali are overlapping (Desa Adat and Desa Dinas).However, based on Regional Regulation Number 4 of 2019 regarding Desa Adat, the Desa Adat is authorized to manage tourist destinations which are the original right of the Adat Village moreover.
SENGKARUT REGULASI: URGENSI PEMBENTUKAN LEMBAGA KHUSUS LEGISLASI DI INDONESIA Dewi, Ni Luh Putu Geney Sri Kusuma; Sari, Ni Putu Riyani Kartika
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Regulation is an instrument for realizing state policies in order to achieve the objectives of the state. As an instrument to realize every state policy, regulations must be formed in the right way so that they are able to produce good regulations and be able to encourage the implementation of orderly social dynamics and be able to encourage the performance of state administration. Indonesia is currently experiencing problems in regulation such as over regulation, overlapping and low quality of legislation. Regulatory disputes that occur become a very urgent problem to be addressed immediately. One way to overcome this is to improve the quality of product legislation and establish a single institution that manages regulation. The institution will later be responsible for establishing legislation at the Government level and also efforts to establish a system of regulation that is integrated in one door and systematic.
INOVASI PENGUJIAN KENDARAAN SISTEM DRIVE THRU SEBAGAI UPAYA UNTUK MENGURANGI PRAKTIK PERCALOAN Kesuma, I Komang Tri Dharma
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Transportation is very needed today especially in bigcities, this is because transportation plays a very important role in supporting, improving and enhancing economic development both at regional and national levels. Thus motor vehicle testing is one of the public service sectors that plays an important role in supporting the smooth mobility of the community to move in big cities whose purpose is to find out the feasibility of motorized vehicles.However, the existence of brokering practices in every community service provided by the government is sometimes very disturbing, one of the misservice in the motor vehicle testing office. So as to minimize this practice, a new innovation is needed, namely by the issuance of motor vehicle testing innovations with the drive thru system. This research is classified into empirical legal research from descriptive analysis research using primary data and secondary data.
IMPLEMENTASI ALIH TEKNOLOGI DAN KEAHLIAN TENAGA KERJA ASING GUNA MENINGKATKAN MUTU TENAGA KERJA INDONESIA (ANALISA PERPRES NO. 20 TAHUN 2018) Thalib, Emmy Febriani
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

To support the national economy and expand the employment opportunities through investment development and awareness that Indonesia still needs foreign investors.As anticipation, the expectation that there will be a complete set of Government regulations that applied to foreign employees, as well as the security of using foreign employees. The objective is to prioritize the Indonesian employee while selectively using the foreign employee. This study analyzes the actual conditions of the Implementation of Transfer Knowledge and Technology of Foreign Employees to Improve the Quality of Indonesian Employees through library research. With a normative juridical case approach, this study was conducted to analyze how regulatory arrangements related to Manpower Foreign Employees and how the implementation of technology transfer and expertise of foreign employees. The results showed that the regulation of transfer of technology and knowledge had been regulated in Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Employees and Ministerial Regulation Number 10 of 2018 concerning Procedures for the Use of Foreign Employees but the implementation of the regulation has not optimal yet in terms of supervision of the relevant agencies.
PENCEGAHAN TRAFIKING DAN REHABILITASI SOSIAL TERHADAP ANAK SEBAGAI KORBAN Lestari, Anak Agung Adi
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Prevention of trafficking in persons, especially women and children, is a part of human rights for children and women. The importance of handling child trafficking is based on the increase in the number of cases estimated by UNICEF each year around 1.2 million children in Asia, there are around 400,000 children who have been victims of trafficking in which around 70,000 children are sexually exploited. Based on the description, there are several problems, namely, first, how is the government's effort in tackling the trafficking of children, second, what factors cause trafficking in children. Trafficking in children is an act that deprives children of their rights. This contradicts article 34 of the 1945 Constitution which states, "The poor and neglected children are banned by the state". Government efforts are urgently needed to deal with the problem of trafficking in abandoned children so that they get a legal protection. Factors that support the occurrence of trafficking are: low education, unemployment, weak law enforcement, free lifestyles, the amount of interest regarding commercial sex workers, pornographic writings and so on. In this case the government can take an action outside the law but not deviate from the values that exist in handling the case.
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN APABILA TIDAK TERLAKSANAYA STANDARD HYGIENE SANITASI DALAM PENYAJIAN FOOD AND BEVERAGE PADA RESTORAN Aprianti, Duwi
Jurnal Hukum Saraswati (JHS) Vol 1 No 1 (2019): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Food and beverages are basic human needs that are required at all times and should and be managed properly and properly in order to benefit the body. Good and proper management is basically managing foods based on the principle of hygiene and food sanitation. Responsibility of restaurant business actors well by providing nutritious food quality, quality, and does not interfere with consumer health, as well as the responsibility to provide compensation to consumers who suffered losses. Compensation is a tool that can be used to provide protection for consumers of defective products produced by restaurant business actors. The method used is empirical legal research, with the nature of descriptive research using primary and secondary data sources with data collection techniques document studies, field research and interviews, as well as reading sources related to the existing problems

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