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All Journal Kertha Wicara : Journal Ilmu Hukum Kertha Semaya Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA LAW REFORM AL-Daulah Jurnal Dinamika Hukum Rechtsidee Acta Comitas Jurnal IUS (Kajian Hukum dan Keadilan) Jurisprudentie Jurnal Daulat Hukum Sriwijaya Law Review Jurnal Akta International Journal of Law Reconstruction Jurnal Ilmiah Kebijakan Hukum Hasanuddin Law Review JURNAL CENDEKIA HUKUM Jurnal Ius Constituendum Substantive Justice International Journal of Law Jambe Law Journal Kosmik Hukum Jurnal Abdimas PHB : Jurnal Pengabdian Masyarakat Progresif Humanis Brainstorming Jurnal Pengabdian Dharma Laksana Pena Justisia: Media Komunikasi dan Kajian Hukum Supremasi Hukum: Jurnal Penelitian Hukum JUSTISI JURNAL PEMBANGUNAN HUKUM INDONESIA Abdimas Galuh : Jurnal Pengabdian Kepada Masyarakat Bubungan Tinggi: Jurnal Pengabdian Masyarakat Jurnal Hukum Sasana JURNAL USM LAW REVIEW Jurnal Suara Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Paulus Law Journal Jurnal Supremasi Humanism : Jurnal Pengabdian Masyarakat TATOHI: Jurnal Ilmu Hukum Parta: Jurnal Pengabdian Kepada Masyarakat Jurnal Interpretasi Hukum Jurnal Locus Penelitian dan Pengabdian Jurnal Hukum Kesehatan Indonesia Bakti Budaya: Jurnal Pengabdian kepada Masyarakat Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Syiah Kuala Law Journal Journal of Law, Poliitic and Humanities Journal of Artificial Intelligence and Digital Business Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Kanun: Jurnal Ilmu Hukum Jurnal Penelitian Pendidikan Indonesia SASI Journal of Law and Legal Reform Jurnal Pengabdian Kepada Masyaraka Pelita Nusantara Lex Scientia Law Review Indonesian State Law Review (ISLRev) Indonesian Journal of Advocacy and Legal Services
I Gede Agus Kurniawan
Universitas Pendidikan Nasional
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Mechanical Engineering Nursing Public Health Social Sciences Other

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Strengthening Consumer Legal Protection Related to Real Estate Marketing in Pre-Project Selling Ni Putu Anitya Maharani; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5420

Abstract

AbstrakIn recent years, housing and property development in Indonesia has seen a rapid increase, accompanied by the growing population. Pre-project selling is a strategy where developers sell real estate before construction is completed or even before it begins. This system involves offering consumers concepts, images, and information related to size, location, and promised facilities. Although this method helps developers reduce construction costs, it poses legal risks for consumers, such as design discrepancies, material quality issues, changes in specifications, and delays in obtaining building permits. To protect consumers, the Sales and Purchase Binding Agreement (PPJB) is used as a legal instrument that binds the rights and obligations of both parties, providing legal certainty in real estate transactions. The main focus of the research is to ensure consumer rights protection through the proper application of PPJB in accordance with applicable legal regulations.
Health Criminal Law as an Instrument to Protect Human Rights: A Comparative Study of Indonesia and Algeria Wirya Darma, I Made; Mahadnyani, Tjokorda Mirah Ary; Agus Kurniawan, I Gede; Driss, Bakhouya
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p68-97

Abstract

Health criminal law in the Indonesian context is actually regulated in Article 427 to Article 448 in Law 17 of 2023 concerning Health (Health Law). This is a major change in the health sector and covers various aspects that regulate public health, health services, and criminal law related to violations in the health sector. This study aims to analyze two important aspects, namely: (i) the regulation of health criminal law between Indonesia and Algeria and its relation to the protection of human rights, and (ii) the future regulation of health criminal law in Indonesia in realizing the protection of health rights for the community. This research is a normative legal research with conceptual, comparative and legislative approaches. The result of the research confirms that health criminal law can be said to be the main instrument to maintain and ensure health rights for the community. The findings of this research confirm that the main difference between Indonesia and Algeria lies in the way health criminal law is organized and applied. Indonesia has more detailed and specific regulations that address malpractice, medical negligence and the health sector more holistically. Whereas Algeria tends to regulate this in a more general framework, following the existing criminal code. The recommendation from this study is that there is a need for legal harmonization between health criminal sanctions in Articles 427 to 448 in Law 17 of 2023 on Health (Health Law) and the New Criminal Code including more detailed special regulations on malpractice, including investigation procedures, evidence, and criminal sanctions against medical personnel who are proven to be negligent or deliberately commit medical errors. This will provide legal certainty for patients and medical personnel.
Analysis of Attempt Theory (Poging) in Criminal Law: An Ethical Study of Criminal Sentencing for Failed Criminal Acts Bendesa, Kadek Putri Nadia Indrawati; Darma, I Made Wirya; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6086

Abstract

The Attempt in criminal law, often referred to as "poging," refers to the effort to commit a crime that has not been completed. In this case, even though there are no casualties, the perpetrator can still be subjected to legal sanctions because they have attempted a crime. This research aims to analyze the theory of attempt or "poging" from an ethical perspective in relation to the imposition of penalties for failed crimes. This research is a normative legal study with a conceptual, legislative, and philosophical approach. The research results affirm that from an ethical perspective, attempted crimes are intended as a preventive measure to ensure that the consequences of a crime do not occur, so that even in the preliminary process, criminal sanctions can already be imposed. This is also intended to ensure that every member of society can be protected from the consequences of a crime occurring, so that even in the preliminary process, criminal sanctions can already be imposed. The theory of attempt (poging) and its application in Indonesian criminal law has indeed caused several issues in the Old Penal Code, such as the unclear definition of when an act can be considered as the "beginning of execution" and the potential for disparities in judges' rulings due to the lack of clear regulations. Nevertheless, this has been regulated and improved in the New Penal Code
Restorative Justice in Criminal Law Development: Comparison of Policy and Implementation between Indonesia and South Africa Sofyan, Carollin Ophelia; Darma, I Made Wirya; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6092

Abstract

This research aims to analyze two legal issues, namely the development of concepts related to restorative justice in Indonesia and South Africa, and a legal comparison regarding the policies and implementation of restorative justice in Indonesia and South Africa. This research is a normative legal study with a conceptual, legislative, and conceptual approach. The research findings affirm that the development of *restorative justice* in Indonesia and South Africa is influenced by post-conflict conditions and authoritarianism: in Indonesia after the 1998 reform and in South Africa post-apartheid 1994. In Indonesia, restorative justice was initially focused on juvenile justice, while in South Africa it was more on post-apartheid reconciliation and addressing human rights violations. Policies in Indonesia prioritize the application of restorative justice (RJ) for juvenile cases and minor offenses through mediation, while in South Africa, RJ is used for post-apartheid reconciliation, with the Truth and Reconciliation Commission (TRC) as a key element, despite criticisms regarding its application to major crimes
The Police and Justice Restorative : A Sustainable Legal Approach in Perspective Justice Dignified Widiawan, I Putu Arya Restu; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6093

Abstract

This article discusses the role of the police in implementing restorative justice, including the function of mediation, solving cases at the initial level, crime prevention, as well as education and outreach to the community. This approach not only helps resolve conflicts peacefully, but also restores social relations and builds public trust in the legal system. However, the implementation of restorative justice faces a number of challenges, such as the need for a paradigm shift, increasing the capacity of police officers, and coordination between institutions. Through conceptual analysis, this paper concludes that restorative justice, if implemented effectively, can be the basis for creating a more sustainable, inclusive and just legal system. This approach is in line with the principle of distinguished justice which places humans as subjects, not objects, in the legal process. Thus, restorative justice not only offers more humane legal solutions, but also contributes to the creation of a harmonious and just society.
Law Enforcement Patterns Against Radical Groups in Denpasar City I Made Wira Bhawa; Ni Gusti Agung Ayu Mas Tri Wulandari; I Gede Agus Kurniawan
Journal of Law, Politic and Humanities Vol. 5 No. 4 (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.v5i4.1542

Abstract

The purpose of this study is to determine the description of the appropriate law enforcement pattern to be implemented by the Denpasar City Government in overcoming the spread of radicalism or radicalism. Activities to overcome radicalism in Indonesia are regulated in Presidential Regulation Number 7 of 2021 concerningNational Action Plan for the Prevention and Handling of Violent Extremism Leading to Terrorism 2020-2024. The formulation of the problem in this study is: what factors hinder the Denpasar City Government in overcoming the spread of radicalism and what is the role and appropriate enforcement pattern to be implemented by the Denpasar City Government to overcome the spread of radicalism. This study uses empirical legal research methods and descriptive qualitative data analysis. The resolution of the factors that hinder the Denpasar City Government in overcoming radicalism in Denpasar City, namely: weak regulatory or regulatory factors, lack of synergy between institutions and budget constraints, then the appropriate law enforcement pattern to be implemented by the Denpasar City Government in overcoming the spread of radicalism, namely: preventive patterns, repressive patterns and also deradicalization.
Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Nutakor, Briggs Samuel Mawunyo; Thuong, Mac Thi Hoai
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24489

Abstract

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Disantara, Fradhana Putra; Chansrakaeo, Ruetaitip
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21128

Abstract

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
Ethics In Business Law: A Paternalistic Legal Philosophy Approach From John Stuart Mill Suputra, I Dewa Gde Ery; Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2274

Abstract

Introduction: In the modern business world, John Stuart Mill's paternalistic legal philosophy, especially the "harm" principle, is very relevant to balance market freedom and protection of public interests, such as consumers, workers, and the environment, through regulations aimed at reducing the negative impacts of business activities.Purposes of the Research: The purpose of this study is to analyze the application of John Stuart Mill's paternalistic principles in business law and to evaluate the relevance of Mill's legal philosophy to modern business regulation.Methods of the Research: This study uses normative legal methods to analyze the application of John Stuart Mill's paternalistic principles in business law, with conceptual, legislative, and case approaches, and utilizing primary, secondary, and tertiary legal materials analyzed qualitatively and deductively.Results Main Findings of the Research: John Stuart Mill’s paternalistic principles, particularly the harm principle, are highly relevant in modern business regulation as they balance market freedom with protection of the public interest, as seen in consumer protection, employment, corporate social responsibility (CSR), and environmental regulations, which aim to protect consumers, workers, and ecosystems. Despite challenges such as resistance from business actors, the application of this principle remains essential to ensure that freedom in business does not harm society and the environment, and supports sustainability and public welfare.
The Legal Protection for Folk Songs from Unknown Origin: Orientation and Formulation in the Perspective of Legal Cybernetics Indrawan, I Komang Gede; Kurniawan, I Gede Agus
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1722

Abstract

Introduction: The existence of the phenomenon of regional songs whose regional origins are unknown has led to legal problems in the form of a legal vacuum regarding legal protection. Existing laws and regulations are still missing in providing arrangements regarding regional songs whose regional origin is unknown.Purposes of the Research: This study aims to analyze and at the same time seek legal protection through special arrangements regarding regional songs whose regional origins are unclear.Methods of the Research: Normative legal research with a conceptual and statutory approach.Results of the Research: The orientation to provide legal protection for folk songs of unknown origin can actually be carried out by issuing specific implementing regulations that regulate and facilitate folk songs of unknown origin to obtain legal protection. Legal protection for folk songs of unknown origin in the perspective of legal cybernetics can be carried out by establishing special regulations, research and studies, as well as cultural titles and festivals for folk songs of unknown origin. This is because legal protection for folk songs of unknown origin based on a legal cybernetics perspective needs to be carried out, especially by involving the political will of the local government and local cultural figures.
Co-Authors Ade Chandra Anak Agung Ayu Ngurah Tini Rusmini Gorda Anak Agung Istri Ari Atu Dewi Anak Agung Istri Eka Krisnayanti Anti, Ni Made Nina Novi Asefa, Rahel Ayang Ayu Taufitra Ayu Ngurah Sri Rahayu Gorda, Anak Agung Bagus Gede Ari Rama Bakhouya Driss, Bakhouya Bella Kharisma Bendesa, Kadek Putri Nadia Indrawati Bestari, Saraossa Suci Budiana, I Nyoman Candrawati, Ni Komang Ayu Chansrakaeo, Ruetaitip Clarissa Devina Nadi David Christianto Dea cantrika Desak Putu Dewi Kasih Dewa Ayu Yeni Asmari Dewi, Kadek Putri Nirmala Dinata, Kadek Indra Prayoga Disantara, Fradhana Putra Duarsa, Putri Yasoda Maharani Dwijayanthi, Putri Triari Eka Krisna Putri, Dewa Ayu Erwin Satria Widana Ezzerouali, Souad Ahmed Gede Eka Rusdi Antara Gorda, A.A.A. Ngr Sri Rahayu Gorda, Anak Agung Ayu Ngurah Sri Rahayu I Gede Permana Aditya Yoga I Gusti Agung Ayu Mas Triwulandari I Gusti Ayu Eviani Yuliantari I Gusti Ayu Julia Maharani I Gusti Bagus Yudas Swastika I Kadek Galang Suarjana Meranggi I Made Agastia Wija Prawira I Made Wira Bhawa I Made Wirya Darma I Putu Eky Feroza Negara I Putu Maha Widharta I.G.A Ayu Astri Nadia Swari Ida Ayu Sadnyini Ida Ayu Sukihana Ida Ayu Sukihana Indrawan, I Komang Gede Juliana Juliana Juliana Juliana Juniati, Ketut Kadek Ayu Diva Larasati Kadek Ayu Kartika Dewi Kadek Januarsa Adi Sudharma Kadek Julia Mahadewi Karuna Dewi Ketut Sherly Nindya Ovitasari Ketut Sudiarsa Komang Gede Pradnyan Supardi Yasa Lavly Mozart Kawengian Liong, Jerry Lourenco de Deus Mau Lulo Lourenco de Deus Mau Lulo Luh Febby Liamitha Luh Made Mirah Rahma Dewi Made Cherina Apriliasari Mantrawan Made Jayantara Made Jayantara Mahadnyani, Tjokorda Mirah Ary Mario Binsar Martua Sihombing Mau Lulo, Lourenco de Deus Mustika, Ni Wayan Eka Nadiasa, I Ketut Ngurah Alit Dananjaya Ni Gusti Agung Ayu Mas Triwulandari Ni Ketut Elly Sutrisni, Ni Ketut Elly Ni Ketut Supasti Dharmawan Ni Komang Juliana Dewi Verayanthi Ni Luh Gede Purnamawati Ni Nyoman Juwita Arsawati Ni Nyoman Sri Wisudawati Ni Putu Anitya Maharani Ni Putu Dian Puspita Dewi Ni Putu Dian Puspita Dewi Nutakor, Briggs Samuel Mawunyo Nyoman Arjana Pande Putu Indahyani Lestari Pande Putu Indahyani Lestari Pramana, Putu Arya Aditya Prayetno, Faed Prayogi, Akhwan Putra, Anak Agung Gede Bagus Suwendra Putra, I Putu Windu Semara Putra, Komang Priangga Putri, Putu Nadia Monica Putu Aras Samsithawrati Putu Ngurah Dhimas Pratama Sanjaya Rai Widiatmika Rama, Bagus Gede Ari Rian Ganggas Puspatara Rianthi, Nyoman Desy Sakarani, Ni Nyoman Mitha Saraswati, Cinta Simbolon, Herbert Petrus Wiro Sofyan, Carollin Ophelia Sri Fitri Fitriani Suputra, I Dewa Gde Ery Syed Muhammad Huzaif Tee-anastacio, Princess Alyssa Thapa, Nar Yan Thuong , Mac Thi Hoai Thuong, Mac Thi Hoai Wardana, Ketut Ary Wisnu Wayan Supria Hadi Putra Widiawan, I Putu Arya Restu Yoga, I Gede Permana Aditya Yolandari Ayu Murti