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JURNAL MAGISTER HUKUM UDAYANA

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Published by Universitas Udayana

ISSN : 25023101 EISSN : 2302528X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Magister Hukum Udayana adalah jurnal ilmiah hukum yang mempublikasikan hasil kajian bidang hukum yang diterbitkan secara online empat kali setahun (Februari-Mei-Agustus-Nopember). Redaksi menerima tulisan yang berupa hasil kajian yang berasal dari penelitian hukum dalam berbagai bidang ilmu hukum yang belum pernah dipublikasikan serta orisinal. Jurnal ini selain memuat tulisan / kajian dari para pakar ilmu hukum (dosen, guru besar, praktisi dan lain-lain.) juga memuat tulisan mahasiswa Magister Ilmu Hukum baik yang merupakan bagian dari penulisan tesis maupun kajian lainnya yang orisinal. Tulisan yang masuk ke Redaksi akan diseleksi dan direview untuk dapat dimuat

Arjuna Subject : -

Articles 513 Documents

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Authority of a Notary Related to Marriage Agreements After the Decision of the Constitutional Court Number 69/PUU-XIII/2015 Ida Bagus Kade Wahyu Sudhyatmika; I Nyoman Bagiastra
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 11 No 4 (2022)
Publisher : University of Udayana

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The purpose of this study is to analyze the arrangements related to marriage agreements in Indonesia and examine the authority possessed by notary related to marriage agreements after the Constitutional Court Decision. This paper is a normative legal research method since the focus of the study departs from the vagueness of norms by using several approaches: statute approach, conceptual approach, and analytical approach. The results of the study indicated that arrangements related to marriage agreements are subject to the provisions of the Marriage Law and the Civil Code. Referring to the provisions in Article 29 of the Marriage Law, it is understood that at or before the marriage takes place both parties with mutual consent can enter into a written agreement ratified by the civil registration officer, after the contents also apply to third parties. Furthermore, there has been a change in the authority of the Notary after the Constitutional Court’s Decision, however, until now the Notary has not been able to ratify the marriage agreement as referred to in the Constitutional Court’s Decision. For that we need a new mechanism that can be regulated in implementing regulations related to the authority of a Notary to ratify a marriage agreement, which the result that the ratification of a marriage agreement made by anNotary can be accessed by the public and can provide legal certainty for the parties involved in the marriage agreement, including third parties and also notaries who ratify.

PERLINDUNGAN HUKUM TERHADAP KORBAN PENYALAHGUNA NARKOTIKA DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA A.A. Istri Mas Candra Dewi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 1 No 1 (2012)
Publisher : University of Udayana

This Study in the legal protection of the victims of narcotics abusers aims todecrypt and analyze aspects of issues related to the concepts that underlie theneed for justification of legal protection of the victims and supervision of theimplementation of the decisions of rehabilitation, as well as decrypt and analyzethe legal form of protection. This study is a normative one using law approachand legal concept analysis. The results of the study indicate the legal protection ofvictims of drug abusers can not be detached from the underlying idea of legalprotection of the victims of narcotics abusers in the form rehabilitasi. Legalprovisions governing the rehabilitation of drug addicts measures stipulated inArticle 54, 56.103, and was associated with article 127 of Law No. 35 of 2009,SEMA No. 4 of 2010 as The Guideline on the implementation of the rehabilitationof narcotics abusers, but monitoring of the rehabilitation measures notaccommodated in such provisions so that there are gaps in the law enforcementmechanism of action monitoring narotics rehabilitation.

MEKANISME PENERBITAN AKTA PEMISAHAN RUMAH SUSUN SEBAGAI ALAS HAK LAHIRNYA SHM SARUSUN/SKBG SARUSUN BERIKUT PERALIHAN DAN PEMBEBANANNYA DESY EKA WIDYANTARI
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 1 No 1 (2012)
Publisher : University of Udayana

Deed of High-Rise Separation is an important stage in the development and ownership ofhigh-rise because deed of separation is proof of high-rise separation upon high-rise units, mutualparts, mutual objects and mutual land with clear report in the form of drawings, descriptions andboundaries in vertical and horizontal directions which containing proportional comparison value.Proportional comparison value is very important for the owner of high-rise unit because itrepresents the owner’s rights and obligations on ownership, maintenance and management ofsuch high-rise. Proportional comparison value is a number that indicates the ratio high-rise unittowards the rights over mutual parts, mutual objects and mutual land, calculated based on totalarea and value of the concerned high-rise unit towards the building total area or the high-riseoverall value at the first time the developer calculates its overall development cost to determineits selling price. In relation to the issue of deed of separation, some problems raised as follow;firstly, its legal consequences if there is changes on building plan in further stage during thehigh-rise development which results in changes on proportional comparison value of the Deed ofHigh-Rise Separation, and secondly, whether strata unit and Strata title / Building title can beused as credit security and how is the implementation of partial revocation mortgage in high-riseconstruction credit.A research is designed as normative legal research in order to respond those problems byusing 2 types of approaches that consists of: The Statue Approach and The Legal ContentAnalitical Approach. The legal materials analyzed herein are primary legal material andsecondary legal material, arranged descriptively and systematically.Research shows that it is possible for the high-rise developer to change the building planprovided that before making any changes on the building plan, it must inform such changes tothe Association of High-Rise Residents and also has received approval from the Association ofHigh-Rise Residents, especially if such changes result in changes of the high-rise comparisonvalue. High-rise and high-rise unit can also be used as debt security through Mortgage/FiduciaryInstitution, which allows the developer to pledge the high-rise for construction credit, in whichthe high-rise unit that has been fully paid by its owner can be released from the credit security ofhigh-rise construction, thus the high-rise owner may then transfer their high-rise unit for creditsecurity of apartment ownership (KPA) as well as other financing credit security.

IMPLEMENTASI KEPUTUSAN GUBERNUR KEPALA DAERAH TINGKAT I BALI NOMOR 394 TAHUN 1997 DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI SEKAA/ ORGANISASI KESENIAN I MADE BADRA
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 1 No 1 (2012)
Publisher : University of Udayana

In order to create order and legal certainty to the type and quality of local artsto tourism, the Government of Bali Province issued the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 on Regulating Regional Arts onThe Province of Bali. Implementation of the Regional Decision of The Governor ofThe Head of Bali Number 394 of 1997 on Regulating Regional Arts on The Provinceof Bali of the terms, procedures and sanctions do not work effectively. These arecaused because of legal substance, legal structure, legal culture and the means andfacilities. To optimize the decision made by the Governor of the preventive andrepressive efforts. To streamline the implementation of the Regional Decision of TheGovernor of The Head of Bali Number 394 of 1997 will require a synergy betweenthe Department of Culture, sekaa / arts organizations and the service users. RegionalDecision of The Governor of The Head of Bali Number 394 of 1997 should have tobe amended because it does not fit with the times. Bali Provincial Cultural Officeshould be more proactive in doing preventive and repressive efforts in upholding theRegional Decision of The Governor of The Head of Bali Number 394 of 1997.

PERLINDUNGAN HUKUM BAGI PEMOHON KREDIT DENGAN MENGACU PADA ASAS KESEIMBANGAN ANTARA PELAKU USAHA (BANK) DAN KONSUMENNYA (PEMOHON KREDIT) Ni Luh Putu Sri Suryaningsih
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 1 No 1 (2012)
Publisher : University of Udayana

Banking institutions as one of the financial institutions have a strategic rolein supporting the economic life of a country. Banking institutions meant hereas an intermediary of the parties who have surplus funds to the lack of funds.Banking activities that provide services on the economic sector that do not inspite of the risks that could harm the banks themselves and the customer.Relationship between the bank and the customer is bound to a creditagreement unnoticed by the debtor of his rights is often overlooked by thebank. Guaranteeing the law protection and law certainty for the debtorslosing for such unilateral, the regulations of consumer protection, therefore,have important functions. The type of research used in this paper is thenormative legal research. This research moved from the inclusion of thestandard clause that would open up opportunities for businesses, especiallybanks to position the client, in this case the credit applicant, to be weakerthan the bank.

KEBIJAKAN PEMIDANAAN KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG Sakeus Ginting
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 1 No 1 (2012)
Publisher : University of Udayana

This research aims to analyze the corporation as a legal subject and conviction of thecorporation in money laundering. The type of this research is a normative juridicalresearch. Approach to the problem approach with statue approach, analytical andconceptual approach, historical approach and comparative approach. Sources oflegal materials used is the primary legal materials and secondary legal materials.Analysis of legal materials be descriptive-analytical, evaluative, interpretive,systematic, comparative and argumetatif. In The Act No. 8 of 2010 concerningPrevention and Eradication of Money Laundry, the Corporation declared as a legalsubject that can be held accountable in money laundering. Criminal convictions forcorporations may be imposed against the corporation if the criminal offense of moneylaundering performed or ordered by the personnel control corporation; carried outin order to meet the intent and objectives of the corporation; conducted inaccordance with the duties and functions of the perpetrator or the command, anddone with the intent to benefit the corporation.

PEMBERLAKUAN ASAS RETROAKTIF DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI I MADE ADI SERAYA
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

The study entitled, "The implementation of the retroactive principle in fighting against corruption". The background of this research was derive from the fact that corruption is an extraordinary crime that needs an extra way against it. The formation of Corruption Eradication Commission (KPK) as an independent agency in the form of eradicating corruption in Indonesia has gradually demonstrated its role. But, Problems then occur when the citizen force KPK to handle the corruption cases before this constitution constructed, especially BLBI case which made this state inflict a financial loss about Rp 138,4 trillions happen during the 1997-1998. From the background it raised an issue, whether the retroactive principle can be applied by the Commission in the investigation, and prosecution of the perpetrators of corruption that occurred before the enactment of Law No. 30 Year 2002 was made on the Corruption Eradication Commission? In this discussion the retroactive principle can be applied by the Commission in making "a series of actions" which make it able to conduct an investigation and prosecution of the perpetrators of corruption despite they occurred before Law. 30 of 2002 on the Corruption Eradication Commission enacted. Besides confirming that the application of this principle is that corruption is a crime classified as an extraordinary crime which has wide negative effects to the country.

PERLINDUNGAN HUKUM BLOGGER BERITIKAD BAIK TERHADAP DOMINE NAME MEREK TERKENAL DARI DUGAAN PEMBONCENGAN REPUTASI (PASSING OFF) DESY KUSUMA WARDHANI
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

This Research entitled "Legal Protection Against Blogger Good Faith Domine Name Of Alleged Deception Famous Brand Reputation (Passing Off)". The problem of this study was, first: How does the domain name in a legal setting in Indonesia. Second: What is the legal protection of domain name for blogger’s good faith if there are similarities with the domain name famous brand. This research method using normative methods, the legal research done by examining library materials. Which refers to the legal norms contained in the legislation, international conventions, international agreements and court decisions. The results showed, first: The domain name has been linked closely with the brand and copyright but the domain name is not synonymous with the brand and copyright, as it has a system and registration requirements as well as the recognition of the existence differently. So far there are kekososngan norms that specifically regulate the domain name issue in Indonesia. Until now, the settings used by the international ICANN (Internet Corporation for Assigned Names and Numbers), the competent authority dealing with internet IP Addres, and domain name system management. Second: Legal protection for bloggers acting in good faith if there are similarities regarding the domain name can be a famous brand is preventive legal protection and the protection of repressive laws which refers to the settlement of a litigation matter (referring to the legal protection of IPR, Civil, Criminal and Law ITE) and non-litigation (both ADR and UDRP).

TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA Devi Marlita Martana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

Act Number 15 Year 2001 regarding Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

SENGKETA USAHA PERTAMBANGAN DI WILAYAH HUTAN ELANG DODO KABUPATEN SUMBAWA IWAN HARIANTO
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

West Nusa Tenggara, one of the regions rich in minerals mining. One of the mining companies doing business in the region is PT. Newmont. In 2003 the company was exploring the forest areas Elang Dodo Sumbawa. The presence of PT. Newmont in the region are not well received by the villagers of Lebangkar, resulting in rejection of the action in 2004 by way of demonstration and boycott the company's activities. Of the incident raises some issues: (1) who is the subject and what the object of the dispute? (2) how the process and the factors that cause disputes? (3) how the settlement of the dispute? The research method used in this research is an empirical law is derived from the analytical descriptik field data and data library. Processing and data analysis conducted qualitatively. Discussion until the conclusion in this paper can be described as follows: (1) subject to the dispute that is the village of Lebangkar with PT. Newmont and the Government of Sumbawa. The subject of dispute in the form of contract work necking VI results in 2005 with an area of ??87,500 ha. (2) The process of dispute which originated from exploration PT. Newmont in the woods Elang Dodo conducted in 2003. This exploration spawned several factors contributing to the dispute; violation of customs, reduced sources of income, lack of socialization, and control of natural resources. (3) dispute settlement efforts, through litigation and non-litigation. Settlement was not effective due; substance law, legal culture and legal structure.

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