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All Journal JURNAL MAGISTER HUKUM UDAYANA SOROT: Jurnal Ilmu-ilmu Sosial DiH : Jurnal Ilmu Hukum Jurnal Komunikasi Hukum International Journal of Law Reconstruction Vidyottama Sanatana: International Journal of Hindu Science and Religious Studies Syntax Literate: Jurnal Ilmiah Indonesia Substantive Justice International Journal of Law Jambe Law Journal Udayana Journal of Law and Culture JURNAL PENDIDIKAN TAMBUSAI Sociological Jurisprudence Journal Jurnal Ilmu Hukum The Juris Unes Law Review Jurnal Hukum Prasada Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Dinamika Sosial PERSPEKTIF Didaktik : Jurnal Ilmiah PGSD STKIP Subang Jurnal Analisis Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi International Journal of Business, Law, and Education International Journal of Research in Community Services Jurnal Hukum Saraswati Journal Equity of Law and Governance Locus: Jurnal Konsep Ilmu Hukum Journal of Law, Poliitic and Humanities Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Legislasi Indonesia Consensus : Jurnal Ilmu Hukum
Budiana, I Nyoman
Universitas Pendidikan Nasional
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences Other

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Implementing the Authority of the State’s Attorney in Legal Assistance in Handling Covid-19 in Denpasar City I Nyoman Budiana; Leo Liusiana
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.22-32

Abstract

The emergence of a disease outbreak, namely Corona Virus Disease 2019 (Covid-19) in most countries in the world, has caused various problems, not only in the health sector but also in the economic, political and socio-cultural fields. This study aims to analyze the attorney’s authority in providing legal assistance and examine various factors that support and hinder the handling of Covid 19 in Denpasar City. The research design used is a normative juridical approach with a statutory law approach, an analytical and conceptual approach and several facts collected from informants as support and qualitative descriptive juridical analysis was used to obtain adequate and accurate results. The result shows that the implementation of legal assistance to policies in the framework of accelerating the handling of Covid 19 and the National Economic Recovery program by the State’s Attorney of Denpasar District Attorney was carried out well and effectively. The factors that support the implementation of the legal assistance are the clarity of the legal basis used by the prosecutor’s office in carrying out its functions and the fast and active response from the applicant, namely some agencies in Denpasar City. While the inhibiting factors include the reporting process provided by the applicant to the attorney’s office is still slow, the limited number of members of the State’s Attorney with authority as public prosecutors must continue to be carried out within the framework of law enforcement.
JURIDICAL ANALYSIS ON THE LEGAL CHOICE CLAUSE AND DISPUTE SETTLEMENT IN THE FRANCHISE AGREEMENT Melianus T, Giovanni; Budiana, I Nyoman; Scolastika, Sheanny
Journal Equity of Law and Governance Vol. 1 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.386 KB) | DOI: 10.55637/elg.1.1.3243.37-47

Abstract

Collaboration in the trade sector both at the national and international levels in the form of a franchise looks simple, but behind it, there are various problems that require attention from both the public or parties as well as from the Indonesian government. This is because the franchise agreement conducted by the parties often involves foreign parties who have a different legal system from Indonesia. This situation has the potential to create a conflict of law. Therefore, this study aims to provide legal solutions to disputes that may occur between the franchisor and the franchisee so that neither parties is burdened because of the lack of laws covering it. Normative legal research is used to analysis the problem of this research. The data source of this research uses primary legal materials and secondary legal materials related to clauses in the franchise agreement. Likewise, for the settlement of disputes on an agreement that has not yet determined the choice of law, several theories in international civil law can be used, such as the lex loci contractus theory, the lex loci solutionis, the proper law of contract, and the theory of the most characteristic connection to find laws that should apply (lex cause) For the settlement of legal disputes (conflict of law), especially in franchise agreements, the settlement of disputes does not have to go through litigation or court but can be resolved through Alternative Dispute Resolution (ADR) including arbitration institutions, which have the advantage of solving them, namely efficiency ( cost and time).
Legal Actions Against Default in the Delivery of Goods Agreement at PT On Time Express Branch Office Bali Dewa Putu Adi Putra; I Nyoman Budiana
Journal Equity of Law and Governance Vol. 2 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.1.4853.15-23

Abstract

On Time Express is a foreign investment company engaged in land, sea and air transportation services. Also called financing companies for goods delivery services, namely business entities outside banks and non-bank financial institutions that are specifically for carrying out economic activities in delivering goods and services. The work contract system is implemented based on the principle of trust as a service provider, a standard agreement is written based on the principle of freedom of employment contract made by PT. OnTime Express. That is, both parties, both service providers and consumers, together and agree to make a work contract agreement. But in reality, the work contract agreement as a service provider in its operations is not uncommon for problems that arise due to unexpected results between the parties. The consumer is unable to fulfill the contents of the agreement as agreed in the initial agreement resulting in a breach of contract. This must be resolved to maintain a good relationship and balance between rights and obligations according to the mutually agreed agreement. The purpose of this paper is to provide accountability for consumers and understanding in resolving violations of employment contract issues. This paper was written using empirical methods and data analysis techniques that are descriptive analytical. Based on research on the contract of delivery of goods, there are still many contract violations in PT. On Time Express by consumers. Most of the breaches of contract issues are resolved by non-litigation methods, which are negotiation and mediation.
Kekuatan Pembuktian Alat Bukti Keterangan Terdakwa Dalam Persidangan Online I Nyoman Budiana; I Gede Gatot Kasmariadi
Jurnal Hukum Saraswati Vol 6 No 1 (2024): JHS MARET 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v6i1.8820

Abstract

law enforcement officers. Trials usually held face-to-face in the courtroom have changed to online via video conference due to the implementation of health protocols to maintain distance. The defendant and the defendant's legal advisor in several cases refused online trials. The problem in this research is the strength of evidence and legal certainty of the defendant's testimony in online trials. There are several things that form the basis, including the Criminal Procedure Code, criminal case evidence, criminal law evidentiary theory, legal certainty theory and online trials. This research chooses to use normative juridical research methods through a statutory approach (The Statute Approach). Legal materials come from secondary data collected using the Snow Balls Method and then sorted into primary, secondary and tertiary legal materials. The results of this research are that the evidence of the defendant's statement provided electronically has the same strength as an offline trial and the legal certainty of the defendant's statement in the online trial is guaranteed by statutory regulations. Online meetings provide an expanded interpretation of space that is not limited to direct physical face-to-face meetings but also face-to-face in cyber/virtual worlds, not limited by distance and place. The laws and regulations governing the Supreme Court provide space to establish Supreme Court Regulations to regulate Criminal Procedure Law when these provisions are not yet regulated in the Criminal Code.
Reflection On Strengthening Hindu Law in The Era of Globalization Budiana, I Nyoman; Mahadewi, Kadek Julia
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7719

Abstract

The development of the times has made several shifts that occur in life, one of the concerns that arise about local wisdom that occurs in society regarding the flow of globalization and the dependence of culture in society.  The existence of Hindu law in a dynamically applicable society.  The problem raised in the writing of this journal is how does Hindu law exist in the era of globalization? The research method in this journal uses a normative method, the approach uses a legislative approach, the legal sources are primary sources and secondary sources, the technique of collecting legal materials, the study of documents and the analysis technique uses descriptive. Hindu law and customary law in the national legal system have not yet been compiled into positive law (ius constitutum), because they have not been established as formal laws and regulations in accordance with Law No. 12 of 2011 concerning the Establishment of Laws and Regulations. 
Legal Protection of Foreign Workers (TKA) in Indonesia Arif Budiman Lubis; I Nyoman Budiana
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1370

Abstract

The primary objective of this study is to investigate the legal safeguards in place for foreign workers in Indonesia, also known as TKA. The study employed a normative legal research methodology, incorporating statutory, case-based, and conceptual approaches. Judges base their decisions on Article 62 of Labor Law Number 13 of 2003, ensuring that their rulings abide by the law to promote legal certainty and justice. Labor protection is a form of recognition of the rights of workers/laborers as human beings who must be treated humanely. In a country based on law (rechstaat), the mandate for the laws and regulations to be applied correctly is that judges must side with justice (moral justice).
Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia Rusdi Antara, Gede Eka; Budiana, I Nyoman; Sadnyini, Ida Ayu
Susbtantive Justice International Journal of Law Vol 4 No 2 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i2.149

Abstract

The pros and cons were debated in limiting national legal substance with full recognition of Customary Criminal Law in the bill of Criminal Code and its future enforcement. On the other hand, there are arguments against the inclusion of Customary Criminal Law in the Criminal Code and the resulting disparities in legal enforcement caused by some Judges’ ignorance of judging customary criminal cases settled with the imposition of customary sanctions, which resulted in an unjust situation. This article aims to serve as a legal academic framework for establishing, identifying, and analyzing the formulation of Customary Criminal Law into the Indonesian Criminal Code, as well as to contribute to the discussion of judges’ roles in sentencing customary criminal cases, which they should determine and judge based on customary law. This article demonstrated the use of normative legal research in conjunction with statutory law, legal conceptual, and philosophical approaches to law. This article discovered that: first, several issues concerning the formulation of Customary Criminal Law into several national Bills of Criminal Code were debatable; second, it also cannot be enacted due to conflicting contexts with Criminal Law principles, unwillingness, and an ambiguous law-making process. Furthermore, the prospect of including the Customary Criminal Law in the Bill of Criminal Code is based on various justifications and legal needs that reflect the diverse local genius that still exists and adheres to Pancasila law principles. Additionally, it relates to a proposed new paradigm that Judges and other legal enforcers should adopt when enforcing Customary Criminal Law in any criminal customary case.
Phenomenon of Love Scam Cases in Legal Practice: Exploring Case Construction and Victim Responses Bunga, Dewi; Arsawati, Ni Nyoman Juwita; Budiana, I Nyoman
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.37085

Abstract

A new mode of online fraud is loving scamming, namely using social media or dating applications to commit fraud by building interpersonal relationships between the perpetrator and the victim. Love scammers will target victims and communicate continuously so that they have a love relationship. After an emotional bond, the perpetrator will ask for money with the mode of needing money for urgent needs. Three problems will be discussed: the analysis of love scams in the vortex of cybercrime, the construction of love scam cases in the Law of the Republic of Indonesia Number 1 of 2024, and the victims' response and when they can report it. Love scam is a crime committed in cyberspace; therefore, electronic evidence is essential for uncovering cases when they reach the police. Not all gifts based on a love relationship can be reported. Several criminal provisions in Law Number 1 of 2024 can be used to ensnare perpetrators. In legal practice, not all victims want to report love scams that have happened to them. Some victims do not realize they are victims; some victims deliberately do not report because they are embarrassed and to avoid social judgment; some do not have evidence.
STRATEGI PEMIKIRAN POLITIK KE ARAH PENEGASAN DAN PENGUATAN SISTEM PEMERINTAHAN PRESIDENSIIL DI INDONESIA (KAJIAN DARI PERSPEKTIF HUKUM TATA NEGARA DAN HAK ASASI MANUSIA) Budiana, I Nyoman; Warta, I Made
Jurnal Legislasi Indonesia Vol 16, No 4 (2019): Jurnal Legislasi Indonesia - Desember 2019
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v16i4.499

Abstract

Indonesia adheres to a representative democratic system that prioritizes the interests of citizens in decisions made by the government. In this study we will discuss the strategies of people's political thinking in the framework of affirmation and strengthening the presidential system in Indonesia. Data collection and analysis in this study uses a normative juridical approach by collecting legal material from various libraries, both in the form of principles, concepts and legal theories that are in accordance with the issues of constitutional law that are adopted. The analysis was conducted in a normative juridical reseach and the presentation of legal analysis was described descriptively qualitatively.Constitutionally, the presidential system is characterized by an equal position between parliament and the executive. The Indonesian constitutional system is in the transition phase of democracy which implements a presidential based multi-party democracy system. With the simplification of the party in elections, it can guarantee stability in executive and parliamentary relations in the administration of the State. The implementation of the electoral system with sound balance cannot form a formidable parliament quality. Political thinking in the framework of affirming and strengthening presidential systems in constitutional practice is part of the people's political rights guaranteed by human rights. 
ANALISIS PELAKSANAAN DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA KEKERASAN (STUDI PUTUSAN NOMOR 3/Pid.Sus.Anak/2019/PN Rbg) I Nyoman Budiana; Ni Ketut Ananda Putri Pramessy
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11495

Abstract

This study illustrates the principles of legal protection for children who commit criminal acts in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System in Decision Number 3/Pid.Sus.Anak/2019/PN Rbg which refers to the application of sanctions and the principle of protection against children who commit criminal acts. The research method used is normative legal research. The first research result is the provisions for sanctions against children in accordance with those regulated in Law Number 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection which states that imprisonment can be applied to children if there is no final effort and it is carried out separately from adult prison. Second, efforts to protect children are carried out by imposing restorative and diversionary sentences if they meet the requirements of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Third, the implementation of diversion in the judge's decision is considered not optimal because of all the perpetrators, only one received sanctions. Judges in preparing court decisions should adhere to the concepts, principles and basics of restorative justice which prioritizes the restoration or improvement of the parties.
Co-Authors Anak Agung Ayu Intan Puspadewi Anak Agung Ayu Ngurah Sri Rahayu Gorda Anak Agung Ayu Ngurah Tini Rusmini Gorda Anak Agung Gde Rahmadi Anak Agung Ngurah Eddy Supriyadinata Gorda Antari, Putu Eva Ditayani Aptaningsih, Ni Made Indah Arif Budiman Lubis Ayu Meitrisnawati, Ni Komang Desak Putu Rini Larashati Subagia Dewa Putu Adi Putra Dewi Bunga, Dewi Disantara, Fradhana Putra Driptayanti, Ni Kadek Fridayanthi, Putu Pande Nathasya Gde Wahyu Marta Gunadi Gede Eka Rusdi Antara gorda, tini rusmini Gunadi, Gde Wahyu Marta Gusmana, I Putu Gede Radithya Gusti Ayu Eviani Yuliantari I Gede Agus Kurniawan I Gede Gatot Kasmariadi I Gusti Agung Mas Triwulandari I Gusti Ayu Eviani Yuliantari I Made Warta I Made Warta I Made Wirya Darma I Nyoman Dharma Wiasa I Nyoman Subanda I Putu Edi Rusmana I Putu Wisnu Dharma Pura I Wayan Joniarta I Wayan Suderana Ida Ayu Sadnyini Ida Bagus Bujangga Pidada Kastu Suardana Juliani, Kadek Eni Kadek Januarsa Adi Sudharma Kadek Julia Mahadewi Leo Liusiana Made Arya Prasetya Wibawa Made Oka Cahyadi Wiguna Maria Safira Age Djaga Melianus T, Giovanni Narwadi, N Agus Adyatma Ni Kadek Lira Ayu Trisna Ni Kadek Nadya Putri Maharani Ni Ketut Ananda Putri Pramessy Ni Ketut Elly Sutrisni, Ni Ketut Elly Ni Luh Putu Putri Prami Dewi Ni Luh Putu Rita Sukmawati Ni Nyoman Juwita Arsawati Ni Nyoman Nadiari Ni Nyoman Nityarani Sukadana Putri Ni Putu Eva Ditayani Antari Ni Putu Sawitri Nandari Ni Wayan Diah Sukmadewi Novi Mardihana Sari Nur Anisa Nutakor, Briggs Samuel Mawunyo Oktaviani. M, Masrianti Prasada, Dewa Krisna Purnamawan, I Gede Putri Ramadhani, Faradhina Zahra Putri Sukadana, Dewa Ayu Putu Aras Samsithawrati Putu Rosa Paramitha Dewi R. A.T. Kuswardhani Rama, Bagus Gede Ari Riski Wahyudi, Anak Agung Ngurah Rusdi Antara, Gede Eka Rusmini Gorda, A.A.A Ngurah Tini Sabathian Poedjiarso, Benhard Okta Sadnyini, Ida Ayu Sanjaya, Sang Putu Adi Scolastika, Sheanny Suardana, I Nyoman Alit Sukmawati, Ni Luh Putu Rita Veronika Frinka Rambo Warta, I Made Wesnala, I Made Andika Widhiadnyani, Pande Ketut Ratih