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INDONESIA
KERTHA WICAKSANA
Published by Universitas Warmadewa
ISSN : 08536422     EISSN : 26213737     DOI : https://doi.org/10.22225
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Articles 10 Documents
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Search results for , issue "Vol. 17 No. 2 (2023)" : 10 Documents clear
Peran Keimigrasian dalam Menangani Kasus Penyalahgunaan Izin Tinggal oleh Warga Negara Asing Annisaa Luthfi Amalia; Sugito
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.93-102

Abstract

Cases of abuse of residence permits committed by foreign nationals are motivated by very easy access to come and go from Indonesian territory. Cases of abuse of residence permits can have a negative impact on the emergence of security threats such as drug smuggling, terrorism and human trafficking. The Immigration as the gatekeeper for the entry and exit of foreign nationals has a strategic role in preventing and taking action against the practice of abusing residence permits. This research will explain about the role of Immigration, especially the Special Class I Border Control Immigration Office Surabaya in handling abuse of residence permits in the Surabaya area. This case study research uses a qualitative approach with primary data sources from interviews and studies of state documents as well as secondary data from articles and journal. The findings obtained indicate the role of Immigration, especially the Special Class I Border Control Immigration Office Surabaya in terms of prevention through supervision and the establishment of a Foreigner Monitoring Team. Meanwhile, prosecution of violators is carried out through administrative, criminal, detention, and projustia measures.
Efektivitas Ancaman Pidana Mati bagi Pelaku Tindak Pidana Korupsi di Indonesia dari Sudut Padang Hukum, Ham, dan Psikologi Rosa Pijar Cahya Devi; Yanhizbar Rotanza
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.147-155

Abstract

Indonesia occupies the position of a country with a high corruption rate. This is shown by the increase in the corruption perspective index which will increase in 2022 to 43 points. In order to reduce the number of corruptions, policy makers provide a serious threat to corruption cases in Law Number 31 of 1999 on Corruption Crimes. Among the criminal threats imposed, the death penalty is one of the considerations as an appropriate method of punishment for massive corruption cases. The death penalty is expected to reduce the number of corruption crimes in Indonesia. Normative juridical research methods are used in this research to review legislation, research journals, and news relating to corruption and the death penalty. The research results obtained are that the death penalty is not solutive threat to reduce corruption in Indonesia.
The Tanggung Jawab Hukum Notaris dalam Mengeluarkan Cover Note terkait Jual Beli Rumah Ni Made Trisna Dewi
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.131-137

Abstract

Taking care of various interests such as buying and selling, leasing and other agreements, of course, now requires the services of a notary in it, the notary in this case is responsible for the files that have been issued for the terms and conditions of a particular problem or interest, in this case the notary is especially responsible for issuing or issuing covers. note. In the process of buying and selling a house, there is a notary's role in fulfilling the necessary documents, in line with his role and also his authority to make a real deed there are also responsibilities and legal consequences if there are mistakes that violate the law or to the detriment of the parties involved in terms of This is especially related to publishing or making cover notes. Based on this, the authors put forward the formulation of the problem, namely, first, what are the legal responsibilities of a notary in issuing cover notes related to buying and selling houses? and secondly, what are the legal consequences if the notary does not include the cover note at the time of signing the sale and purchase of the house? This research is an empirical research with the sources and types of data used, namely library data sources and field data sources, as well as the types of data used consisting of primary and secondary data, while the data collection technique was carried out by means of documentation studies from literature materials and interviews. to informants, and data analysis was analyzed discretely and qualitatively by compiling the data obtained. The results of this study indicate that the legal responsibility of a notary in issuing a cover note relating to the sale and purchase of a house is to issue a cover note on the authority of a notary according to UUJN (article 15). Make authentic deeds regarding all actions, agreements, and provisions required by laws and regulations and/or which are desired by interested parties, to be stated in an authentic deed, guarantee the certainty of the date of making the deed, save the deed, provide grosse, copies and quotations of the deed, all as long as The making of the deed is not assigned or excluded to officials or other people determined by law.
The Protection of Consumers’ Data whose Financing Application Rejected by Financial Service Institutions Suwinto Johan; Amad Sudiro; Rayhan Mohmad Athallah Hafiz S.
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.156-161

Abstract

Financial service institutions require financial service applicants’ data for financial capability evaluation. The data may include financial information, personal details such as property ownership, tax records, and family data. The submission of the data does not guarantee approval as some applications can be rejected. This study explored the the protection of customers’ data when their applications were denied. This normative juridical study regarded secondary data and library resources. The findings of this study highlighted the need for regulatory guidelines to protect customer data, particularly for those whose applications were rejected since their data could be misused by outsourced marketing personnel considering the absence of specific monitoring system. Even more, financial service institutions are not held accountable for such actions that occurred outside their scope of authority. In conclusion, regulatory measures must be established to protect and prevent unauthorized use of customers’ data.
Perlidungan Hukum Kemitraan Ojek Online Dengan Driver Pasca Diberlakukannya Undang-Undang Cipta Kerja IB. Gede Agustya Mahaputra; I Made Aditya Mantara Putra; IA Cynthia Saisaria Mandasari
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.114-122

Abstract

Public transport has an important role in economic development, because it is related to the distribution of goods and services. One of the most effective and efficient public transportation is the motorcycle taxi. Ojek is an informal public transportation in Indonesia in the form of motorbikes. In Indonesia, there is an online motorcycle taxi service that allows prospective passengers not to come to a base. Online motorbike taxis are another face of conventional motorbike taxis which are transformed using the touch of a smartphone-based technology application that is connected to the internet network. The problems raised in this study regarding legal protection arrangements are seen from the characteristics of agreements based on partnerships and the legal consequences that arise if the cooperation agreement is based on partnerships after the enactment of Law Number 11 of 2020 concerning Job Creation. The type of research used in writing this paper is a type of normative legal research with a problem approach used is a statutory approach and a conceptual approach. The results of the study show that the characteristics of the agreement generally consist of agreement, skills, the existence of a certain object, but in a partnership agreement these elements are also used but what distinguishes it is in a partnership agreement using the principles of mutual benefit, need and strengthening. The legal consequences of the work copyright law do not cover work relationships based on partnerships, which are only covered by working relationships based on work contracts (work agreements). If seen from the Law which is used as the legal basis, the principle of mutual benefit has not been fulfilled but it still benefits one of the parties so that it is still possible for breach of contract to occur.
Pengembangan Daya Tarik Wisata Melukat Sebagai Intangible Heritage di Kabupaten Gianyar I Gusti Agung Ayu Gita Pritayanti Dinar; Kade Richa Mulyawati; Indah Permatasari
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.123-130

Abstract

The potential for spiritual tourism in Bali, especially in the Gianyar district, is very high, bearing in mind that the traditions and culture of most people in Bali have never been separated from the concept of tri hita karana. Gianyar as one of the regional cultural icons with very thick customs. Spirituality as a community identity is still preserved and passed down from generation to generation from ancestors to the present day. Since the last two decades, the need for spiritual tourism has been increasingly in demand by foreign and domestic tourists. Melukat is a symbol of the Balinese ritual system which is believed to invoke safety, health, welfare and cleanse the body and spirit so that humans can purify themselves to carry out their daily activities peacefully and peacefully. The tourist attraction of melukat has not been specifically regulated in local regulations. Bali Province No. 5 of 2020 concerning Standards for Implementing Balinese Cultural Tourism. If spiritual tourism is not managed properly by local village managers, these destinations can easily be damaged and polluted by tourists who do not understand the sacred meaning of these destinations. Therefore the specific target of this research is to see how the regulation regarding melukat spiritual tourism as a research method used is an empirical research method to find out if there are gaps that occur in the application of these regional regulations in the field. While the problem approach used, namely the statutory approach, conceptual approach, analytic approach. The results of the research show that the development of the spiritual tourism attraction of Melukat has not been optimally implemented in several places because there is no adequate information on the history, functions, program of annual ritual activities at the Melukat DTW, as well as provisions and entry ticket categories for foreign, domestic, and student tourists. and researchers who can be accessed online through a special spiritual DTW website.
Legal Protection of Correction Institutional Citizens Who Have Obligation to Work At Rutan Bangli Luh Putu Pertamawati Armony
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.162-170

Abstract

The sentencing process is the estuary of the justice system and law enforcement in Indonesia. However, not many people know that apart from serving time in correctional institutions and detention centers, convicts also undergo a coaching process and undergo mandatory work. Transforming into productive prisons and detention centers so as to generate PNBP and realize a better economy and for WBP itself can provide a decent life and livelihood. The problem of overcapacity, support for development programs in different nomenclature of detention centers and correctional institutions as well as marketing for sustainability and legal protection are obstacles in realizing optimal results from the development program. The problem to be investigated is from the perspective of how prisoners can act as workers, to the process of coaching and legal protection for prisoners who are undergoing compulsory work at the Bangli Class IIB State Detention Center. The research method used is empirical research by taking a statutory, conceptual, case and legal sociology approach, with primary and secondary data sources with research locations at the Rumah Tahanan Negara Kelas IIB Bangli Center. This study uses data collection techniques by interview, observation and documentation as well as recording with interpretation analysis. The results of the research show that prisoners do not only act as objects but are subjects who enthusiastically participate in compulsory work coaching activities for their own development and the rights that should be obtained, the coaching process at the Rumah Tahanan Negara Kelas IIB Bangli Center can run well to fulfill these rights. Prisoners' rights with coaching programs for working with third parties, and legal protection for convicts who are obliged to work are given preventively through applicable laws and regulations and can be conveyed on a reflexive basis to the Correctional Guardian or during the Correctional Observer Team (TPP) session.
Pembatasan Kebebasan Berpendapat Dan Berekspresi Di Sosial Media Berdasarkan Peraturan Perundang-Undangan Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik (ITE) Nyoman Gede Antaguna; Anak Agung Sagung Laksmi Dewi
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.138-146

Abstract

The rapid development of social media now a days is influenced by the tremendous advantage of information and technology, and the fact that every netizen is the owner of his social media account who can freely think and express as he wishes. This freedom is the implementation of this nation's acknowledgment of the human rights of every individual which has been stated firmly in the 1945 Constitution. However, there is a stipulation that this freedom should not violate the rights of others, who also carry out their human rights. For this reason, the state is standing in regulating the legitimation of its citizens perform on social media through the entity of Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016, hereinafter referred to as the Law on Information and Electronic Transactions (UU ITE), which some consider it as a provision that can limit freedom of opinion and expression as a democratic state justifies it. The ITE regime is considered to have the potential for bordering by threatening the suspect through imprisonment or a fine. For this reason, this scientific paper raises the issue of the nature of freedom of opinion and expression, the negative activities of netizens on sosial media based on popular cases in the Republic of Indonesia and the purpose of the restrictions on the ITE Law.
Analisis Hukum Terhadap Tindak Pidana Kekerasan Seksual Asmah; Dian Eka Kusuma Wardani
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.103-107

Abstract

Harassment is often perceived as deviant behavior, because the act forces someone to engage in a sexual relationship or establishes someone as an object of unwanted attention. That is, sexual harassment can be in the form of indecent behavior, such as touching vital body parts, or it can only be in the form of words or statements that are indecent. The method used in this research is normative research based on primary legal materials, secondary legal materials and tertiary legal materials. The technique used in collecting data is library research. And then analyzed descriptively. The results of this study indicate that sexual violence crimes consist of: a. non-physical sexual harassment, b. physical sexual harassment, c. forced contraception; d. forced sterilization; e. forced marriage; f. sexual abuse; g. sexual exploitation; h. sexual slavery; and i. electronic based sexual violence. Sexual Violence Crimes also include a. rape; b. obscenity; c. intercourse with children, obscene acts against children, and/or sexual exploitation of children; d. acts of violating decency that are contrary to the will of the victim; e. pornography involving children or pornography that explicitly contains violence and sexual exploitation; f. forced prostitution; g. criminal acts of trafficking in persons aimed at sexual exploitation; h. sexual violence within the household; i. money laundering crime whose predicate crime is a crime of sexual violence; j. other criminal acts that are expressly stated as criminal acts of sexual violence as regulated in the provisions of laws and regulations. The impact of violence on victims includes the following impact on physical or psychological health, impact on fulfilling women's human rights and social relations and economic impact.
Hak dan Kewajiban Desa Adat Sebagai Penerima Hibah Uang Dari Pemerintah Daerah I Wayan Suambara
KERTHA WICAKSANA Vol. 17 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.17.2.2023.108-113

Abstract

Law Number 23 of 2014 concerning Regional Government does not regulate customary law community units as recipients of monetary grants from the Regional Government. The main objective of this study is to analyze the rights and obligations of the Traditional Village in Bali as a customary law community unit that receives a grant from the Regional Government. Using the normative method by conducting a review of Law number 23 of 2014, Minister of Home Affairs Regulation Number 14 of 2016, Bali provincial regional regulation Number 4 of 2019 concerning Traditional Villages in Bali. The results of the study found that Traditional Villages are entitled to receive grants from the Regional Government which are budgeted through the APBD in accordance with Article 6 paragraph (5) of the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 14 of 2016. Traditional Villages are required to use grant funds obtained from the Regional Government intended to support the achievement of targets programs and activities of the Regional Government in accordance with the urgency and interests of the region. This research is very important as a legal basis for granting money by the Regional Government to Traditional Villages in Bali.

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