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INDONESIA
Jurnal Komunikasi Hukum
Published by Universitas Pendidikan Ganesha
ISSN : 23564164     EISSN : 24074276     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL KOMUNIKASI HUKUM is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. JURNAL KOMUNIKASI HUKUM is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja.
Arjuna Subject : -
Articles 26 Documents
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Search results for , issue "Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum" : 26 Documents clear
PENERAPAN EKOLABEL SESUAI IMPLIKASI EKONOMI HIJAU SEBAGAI UPAYA PERLINDUNGAN TERHADAP KELESTARIAN LINGKUNGAN HIDUP Dyah Ayu Sri Wilujeng; Lego Karjoko; Sapto Hermawan
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

The writing of this study aims to determine the effectiveness of the application of ecolabels in efforts to protect environmental conservation. The methodology used in this study is a descriptive normative legal method with a statutory approach and a conceptual approach. The sources of legal materials used in this study are primary legal materials and secondary legal materials with literature studies as the collection technique. The technique of analyzing legal materials in this study uses the syllogism deduction method. Based on the results of the research conducted, it was found that the application of ecolabels as a derivative of the green economy concept is an effort to preserve the environment while increasing product competitiveness in the international market. There is a relationship between the green economy and environmental conservation. The concept of green economy pays attention to the industrial sector in carrying out business activities. Through the concept of green economy, pollution and environmental damage can be minimized.
ANALISIS PENGATURAN HAK IMUNITAS TERHADAP ANGGOTA DEWAN PERWAKILAN RAKYAT (DPR) YANG TERJERAT KASUS HUKUM Agus Surya Manika; Ni Made Trisna Dewi; A.A. Mas Adi Trinaya Dewi
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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This article discusses the regulation of immunity rights granted to members of the People's Representative Council (DPR) who are involved in legal cases. The main objective of this research is to analyze the regulation and impact of immunity rights on DPR members involved in legal cases. This research utilizes a document analysis method to examine the regulations and laws related to DPR immunity rights, as well as case studies involving DPR members implicated in legal cases. The data used in this research are sourced from legal documents, court rulings, and media reports. The research findings indicate that the immunity rights granted to DPR members provide special legal protection that restricts their detention, arrest, and prosecution during their term in office. However, the use of these immunity rights also raises various controversies, especially when DPR members are involved in legal cases involving corruption or other serious violations.
TINJAUAN REGULASI GREEN BANKING DI INDONESIA Zenia Aziz Khoirunisa; Sapto Hermawan
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

Economic growth not accompanied by the principle of sustainability threatens the environmental ecosystem. This economic growth is inseparable from the contribution of the fundamental elements within it, including the banking sector. Banking also contributes to environmental damage, such as forest fires. These disasters can occur significantly due to non-environmentally friendly projects financed by banks. As a result, financing based on environmental sustainability is urgently needed to combat environmental damage. Green banking integrates environmental considerations into its financing products and operational systems. In order to ensure the achievement of green banking standards that genuinely save the environment and create consistency in the market, comprehensive regulations are urgently needed. This study examines green banking regulations in Indonesia with normative research methods. The findings show that there is a weakness in green banking regulations in Indonesia that have significant impacts. The absence of setting 'green' standards in these regulations causes green banking practices in Indonesia not to function optimally as a solution to stop environmental disasters. What happened instead needs to be clarified is a market, inconsistencies in green banking practices, and the potential for greenwashing.
PENGATURAN TINDAK PIDANA ILLEGAL CONTENT PERSPEKTIF RESTORATIVE JUSTICE DI MASA YANG AKAN DATANG (IUS CONSTITUENDUM) I Made Wahyu Chandra Satriana; Ni Made Liana Dewi; I Putu Anton Maha Dippayana
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

The settlement of illegal content crimes in Law Number 19 of 2016 concerning Electronic Information and Transactions, which has a paradigm of retaliation using criminal law, has caused many reactions for justice seekers. Thus it is necessary to conduct research on the regulation of illegal content criminal acts from the perspective of restorative justice as a legal profile in the future. The issues raised in this study are regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) and policies for solving illegal content crimes from a restorative justice perspective in the future (ius constituendum). The absence of legal norms in this study is the absence of restorative justice arrangements in the settlement of illegal content crimes in Law number 19 of 2016 concerning Information and Electronic Transactions. The results of this study are that the regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) refers to the Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice which in principle prioritizes peaceful processes and avoids retaliation in the form of criminal. The policy at the investigation stage for the settlement of illegal content criminal acts from the perspective of restorative justice in the future (ius constituendum) is carried out by stopping the investigation at the investigative level for the sake of law.
KAJIAN HUKUM PELANGGARAN LALU LINTAS ANAK DI BAWAH UMUR DI INDONESIA Rayen Elfredo Hutabarat; Ampuan Situmeang
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

Judicial Review of Underage Traffic Violations Based on Law no. 12 Road Traffic and Transportation Law No. 22 of 2009 Regarding road traffic and transportation, it discusses the phenomenon of minors driving a lot of private cars on the roads. This phenomenon is included in cases of violation of the law. Accidents are also possible on August 22 2009, because the awareness of minors to engage in driving is still low. The purpose of this research is to find out what violations are committed by minors while driving, and how the legal review is seen from the perspective of Law no. 22 of 2009, and what factors are behind the rampant phenomenon of minors driving private cars. The research method used is normative jurisprudence, and the method used is library research. The data source used is the primary data source, Law no. 22 of 2009, and secondary sources obtained from reference sources in the form of books, scientific articles and previous research that support the research topic. The results of the study show that the number of underage drivers is because parents support their children using private cars because they are considered more efficient and effective, and school support is reflected in the provision of special, environmentally friendly parking lots and comfortable vehicle facilities, such as motorcycle technology. Common violations committed by underage drivers include not wearing a helmet, dimmed lights, absence of rearview mirrors and other driving safety equipment, physical vehicle that does not pay attention to safety, driver's license, vehicle registration and other violations such as an incomplete driving license, including violating traffic signs, ignoring traffic police, driving against the flow, parking in the middle of the road, turning without turning on the turn signal, driving in a group that exceeds the vehicle's capacity. Article 77 concerning possession of a driving license regulates reviewing traffic violations committed by minors and Article 2 81 regulates a maximum prison sentence of 4 months or a maximum fine of IDR 1,000,000. However, in practice, sanctions are given in the form of corporal punishment, reprimands, confiscation of vehicles and counseling for children and parents.
PELAKSANAAN SANKSI BAGI PIHAK YANG MENIKAHKAN TANPA KEWENANGAN PADA PERKAWINAN YANG TIDAK TERCATAT Barzah Latupono; Jolanda Uruilal; Tajri Latupono
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

The marriage must be in accordance with the legal provisions in Law Number 1 of 1974 which was amended by Law Number 16 of 2019 concerning Marriage. According to the Marriage Law, a marriage must be valid according to religious law and then registered with an agency that has the right to register for those who are diverse in Islam, namely the KUA and for those who are of a religion other than Islam in KCS if the marriage is carried out according to legal regulations it is said to be valid but if the marriage is not carried out in accordance According to the rule of law, marriages are said to be invalid and marriages that are considered invalid because those who marry the parties are not those who have the authority to marry, in this case not officers appointed by the KUA but religious leaders such as Imams and ustad who do not have the authority according to law to marry the parties. . This practice is carried out in society so that it gives birth to marriages that are illegitimate in the eyes of the law so that the law provides sanctions to people who marry without having authority in the form of corporal punishment or fines so that they become deterrent and no longer carry out this kind of practice in society.
TINJAUAN YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG SISTEM PENYELESAIAN SENGKETA HASIL PEMILIHAN UMUM PADA PEMILIHAN KEPALA DAERAH Muzayanah
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

The Republic of Indonesia organizes government constitutionally based on the provisions of the 1945 Constitution. The form of a Republican state with a presidential system of government, administration of state administration is carried out with a division of powers that adheres to the theory of trias politica put forward by Montesqiuew which divides state power into 3 (three) parts, namely, the Executive , Legislative and Judiciary. The presidential system that is carried out in the implementation of this constitutional administration is carried out with a democratic system. The implementation of democracy is a means of filling the executive, legislative and judicial institutions. In the Republic of Indonesia, the institutional determination filled with democracy is carried out by holding general elections and regional head elections. The General Election is intended to elect the President and Vice President, DPR, DPD, Provincial DPRD and Regency/City DPRD. For the election of Regional Heads it is intended to elect Governors, Regional Heads of Provinces and Regents and/Mayors, Heads of Regency and/City Regions. In the implementation of the Regional Head Election which was carried out based on the provisions of Law Number: 10 of 2016 concerning the Second Amendment to U.U Number: 1 of 2015 concerning Stipulation of Government Regulations in Lieu of U.U. Number: 1 of 2014 concerning the Election of Governors, Regents and Mayors to become law. The importance of an effective, efficient and just election result settlement system in the election of Governors, Regents and Mayors is a goal that must be realized. This is bearing in mind that the law enforcement system is one of the fundamental instruments of an administration of governors, regents and mayors in accordance with the principles of direct, public, free and secret, honest and fair elections as stipulated in Article 22E paragraph (1) of the Constitution of the Republic of Indonesia. Republic of Indonesia of 1945. Furthermore, in the event of an error, violation or an action and/or event deemed to have violated/injured the process and results of the implementation of the election stages for governors, regents and mayors, the outcome settlement mechanism is the last chance to correct the incident or situation. After the issuance of the Constitutional Court Decision Number: 55/PUU-XVII/2019 a new legal situation emerged which can be found in the provisions of Article 157 Paragraph (1), Article 157 Paragraph (2) and Article 157 Paragraph (3) U.U. Number 10 of 2016 concerning the Election of Governors, Regents and Mayors is contrary to the 1945 Constitution, so that the Constitutional Court gave a Decision on the Settlement of Disputes regarding the Results of the General Election for Regional Head elections.
PERLINDUNGAN HUKUM BAGI PEMENUHAN HAK ANAK TERLANTAR YANG DIASUH LEMBAGA KESEJAHTERAAN SOSIAL Andry Ochtora Butarbutar; Rina Shahriyani Shahrullah; Elza Syarief
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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This research aims to analyze the regulatory framework for fulfilling the rights of abandoned children cared for in child welfare institutions carried out by the government. The research employs a normative legal research method. Utilizing Satjipto Rahardjo's progressive legal theory, this study indicates that the fulfillment of the rights of abandoned children will be achieved when the Child Welfare Institution conducts basic social rehabilitation services in accordance with Minister of Social Affairs Regulation No. 30/HUK/2011 concerning the National Standards for Child Upbringing. However, the enforcement of these standards cannot be rigidly implemented due to the many child welfare institutions that are not yet professionally managed. Therefore, the government needs to provide capacity-building in terms of knowledge, skills, and awareness to the administrators of these institutions regarding child care based on child protection, in order to fulfill the rights of the children.
KAJIAN HUKUM PELANGGARAN LALU LINTAS ANAK DI BAWAH UMUR DI INDONESIA Rayen Elfredo Hutabarat; Ampuan Situmeang
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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Abstract

Judicial Review of Underage Traffic Violations Based on Law no. 12 Road Traffic and Transportation Law No. 22 of 2009 Regarding road traffic and transportation, it discusses the phenomenon of minors driving a lot of private cars on the roads. This phenomenon is included in cases of violation of the law. Accidents are also possible on August 22 2009, because the awareness of minors to engage in driving is still low. The purpose of this research is to find out what violations are committed by minors while driving, and how the legal review is seen from the perspective of Law no. 22 of 2009, and what factors are behind the rampant phenomenon of minors driving private cars. The research method used is normative jurisprudence, and the method used is library research. The data source used is the primary data source, Law no. 22 of 2009, and secondary sources obtained from reference sources in the form of books, scientific articles and previous research that support the research topic. The results of the study show that the number of underage drivers is because parents support their children using private cars because they are considered more efficient and effective, and school support is reflected in the provision of special, environmentally friendly parking lots and comfortable vehicle facilities, such as motorcycle technology. Common violations committed by underage drivers include not wearing a helmet, dim lights, absence of mirrors and other driving safety equipment, physical vehicle that does not pay attention to safety, SIM, STNK and other violations such as an incomplete driving license, including violating traffic signs, ignoring traffic police, driving against the flow, parking in the middle of the road, turning without turning on the turn signal, driving in a group that exceeds the vehicle's capacity. Article 77 concerning the possession of a driver's license regulates the review of traffic violations committed by minors and Article 281 regulates imprisonment for a maximum of 4 months or a fine of up to IDR 1,000,000. However, in practice, sanctions are given in the form of corporal punishment, reprimands, confiscation of vehicles and counseling for children and parents.
KAJIAN YURIDIS TERHADAP JUAL BELI PULAU BERDASARKAN HUKUM POSITIF DI INDONESIA I Gusti Bagus Agung Kusuma Atmaja; Ni Nyoman Muryatini; Anak Agung Ayu Meitridwiastiti
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

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The issues discussed in this study regarding purchasing islands are reviewed from positive laws in Indonesia. The method of research used in this study is normative-juridical. Normatif juridical research examined a code or rule of law as a system building associated with a legal event. The study was conducted with the intent of providing legal arguments asa basis for determining whether an event was right or wrong and how it should be lawful. Studies have shown that until now in Indonesia's positive laws there is no statute of limitation - an invitation that strictly regulates policy on buying and selling islands in Indonesia. Chapter 33 of the 1945 law stipulated that islands were a national asset for the people of Indonesia. Based on a study of the regulations of the law - invitations in Indonesia, both a foreign investor and a foreign corporation could be granted the rights to business, the rights to building and the rights to use for investment in Indonesia. This asserted that foreign citizens could not own land in Indonesia.

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