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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 168 Documents
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Kebijakan Hukum Terhadap Penanganan Pandemi Covid-19 di Indonesia Putu Sekarwangi Saraswati
Kertha Wicaksana Vol 14 No 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.14.2.2020.147-152

Abstract

The Covid-19 pandemic has become very dangerous because it is transmitted so quickly and caused the death of many lives in the world. The Government and the National Disaster Management Agency have coordinated with local governments to carry out disaster management by issuing social distancing and physical distancing policies. Many PSBB policies are ineffective because surely the community feels that they have not yet fully received legal protection for the existing policies made by the government at this time. To avoid another level of infertility, the following efforts were made so that the PSBB policy provided during the effective pandemic period in accordance with the 1945 Constitution of the Republic of Indonesia, among others, the Central Government and Regional Governments ensures the disclosure of public information in order to be able to find out the chain of the virus spreading. The government must be able to guarantee and ensure especially to the lower middle class are able to meet their needs to guarantee the right to life of their people and not diminished any dignity of the people (in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia) and the need for a public role in terms of mutual care, mutual reminding, and help each other. This article will continue to be discussed using a literature approach in which the writer will use primary sources in the form of literature books that have to do with the problems to be examined. The things that occur in the field can be seen that the legal policy decided by the government during the pvidemic co-19 period has apparently not been implemented properly as mandated because there are still many people who violate the PSBB activities proclaimed by the government even though criminal sanctions have been regulated by very clear.
Kajian Penerapan Hukum Pidana Guna Penyelesaian Konflik Kelompok Buruh di Padang Bai Bali Ida Bagus Bayu Brahmantya
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.44-53

Abstract

Workers at the Padang Bai port are workers who work daily at the Padang Bai port in Bali serving loading and unloading goods to NTB and NTT. Labor disputes often occur vertically and horizontally, vertically, generally relating to work agreements, while horizontally, namely disputes between groups of workers. This can be a serious problem and has far-reaching effects. This impact eventually forms a conflict. In terms of its relationship, labor conflicts are not only limited to civil law, but labor law can also be reviewed criminally. This can be seen with the issuance of the policy of Law No.13 of 2003 concerning employment, and Law No. 02 of 2004 concerning the settlement of disputes with labor and industry can be subject to criminal law sanctions. It is necessary to note that the development of Padang Bai Port in Bali with the existence of a state-owned company will have a full relationship with the availability of services for these freelance workers. So that when there is a vertical conflict, the criminal law regulates the accountability of labor as a corporation and ensures that laborers have guaranteed legal protection. One other correlation that is the focus of this research is that an action in the field can potentially lead to clashes between groups of workers and lead to criminal action or horizontal disputes. The relevance of this research is to examine the application of criminal law to resolve conflicts vertically and horizontally at ports from the labor side.
Politik Hukum Pemberantasan Prostitusi Online Terkait Kriminalisasi Pekerja Seks Komersial dan Pengguna I Dewa Gede Dana Sugama; Diah Ratna Sari Hariyanto
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.158-168

Abstract

Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).
Analisis Analisis Yuridis Tentang Proses Mediasi dalam Alternatif Penyelesaian Sengketa Tanah Adat di Bali: Indonesia I Dewa Ayu Dwi Mayasari; Dewa Gde Rudy
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.90-98

Abstract

Nowadays in community life there are often conflicts or disputes. Including land disputes that are rife in indigenous communities, especially indigenous peoples in Bali. Various ways have been used by the community to resolve land disputes that occur. Either through court institutions (litigation) or institutions outside the court (non litigation). Many community members have taken alternative dispute resolution because they are considered more effective and do not take more time and money. One alternative dispute resolution that is often taken is through Mediation or peace. Especially in resolving customary land disputes in Bali. Alternative resolution of customary land disputes in Bali is often pursued through a mediation process because it is considered more effective, does not take long and is high cost. In this study, two issues are discussed, namely how the urgency of mediation as an alternative to resolving customary land disputes in Bali and how the mediation process is in alternative settlement of customary land disputes in Bali. This research uses a type of normative legal research because it focuses on the analysis of legal norms that emerge using a statutory approach and a legal concept analysis approach. Due to the complexity of the issue of customary land in Bali and the lack of written rules regarding it, Mediation as an alternative to resolving customary land disputes in Bali is very urgent because disputes can be resolved effectively and efficiently. And the mediation process is not regulated in statutory regulations, so the mediation process tends to be carried out according to the needs of the disputing parties in accordance with the directions and directions of the mediator.
The Pengaturan Sertifikasi Jaminan Produk Halal Di Indonesia Mutiara Fajrin Maulidya Mohammad
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.149-157

Abstract

The Law about the Guarantee of Halal Products in Indonesia are crucial, it is normal because Indonesian residents who are Muslim, the state are obliged to guarantee the rights of Muslim consumers. The existence of Law No. 33/ 2014 About JPH, which guides the rights and obligations of business actors with halal products, is expected to provide legal certainty and guarantee for Muslim consumers. Strengthened by the issuance of Government Regulation No.31/ 2019 followed by the issuance of Regulation of the Minister of Religion Number 26/2019 About JPH Administrators. This paper was published to describe the implementing agencies and enforcement of halal certification in Indonesia. The method utilized in this paper is the statutory approach, which is carried out by reviewing all laws that are related to the current legal problem. The result is the existence of PP No.31/2019, it is increasingly clear that the closeness of the halal and haram issues in Indonesia. It shows that there are three institutions urgent they have the authority to carry out halal certification in Indonesia, namely BPJPH, LPH, and MUI. BPJPH has the authority to among others, with the Ministries, the form of cooperation must be in accordance with the duties and functions of each ministry. Meanwhile, the procedure for submitting certification is carried out in six stages, starting from submitting an application, completing inspection, determining the LPH, examining/testing by a halal auditor, determining halalness by MUI and finally get a halal certification. The obligation for halal certification in accordance with UUJPH is enforced from 17 October 2019 to 17 October 2024. The implementation is carried out in stages by taking into account the readiness of business actors, the infrastructure for implementing JPH, considering the type of product as primary needs and being used massively.
Pemenuhan Hak Pilih Bagi Disabilitas dalam Pemilu oleh KPU di Sumatera Barat Nurbeti; Helmi Chandra SY
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.130-137

Abstract

Persons with disabilities have the same rights, positions and obligations as other citizens. Based on data on potential electoral voters (DP4) in December 2018, there are 9,172 people with disabilities in West Sumatra. The large number of disailments can provide an opportunity for fraud in general elections. The purpose of this study is to determine the fulfillment of suffrage rights for disabilities, especially in West Sumatra province. The approach in this research is sociological juridical, namely a study that reviews law as a social fact. The results showed that the fulfillment of voting rights for persons with disabilities in simultaneous elections by the General Election Commission (KPU) in West Sumatra was carried out by collecting data, socializing and providing access. Obstacles in fulfilling the right to vote are the family paradigm, the paradigm of officers and the lack of data on disabilities.
Perlindungan Hukum Bagi Penumpang Pesawat Udara Jika Terjadi Keterlambatan Jadwal Penerbangan Menurut Undang - Undang Nomor 1 Tahun 2009 Tentang Penerbangan Ni Made Trisna Dewi
Kertha Wicaksana Vol 15 No 2 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.2.2021.122-129

Abstract

Air transportation services are currently experiencing very rapid development, this is indicated by the emergence of many various air transportation service providers in the Indonesian market. Many passenger rights are not properly cared for or fulfilled by the airline, especially if things happen that are not desired, one of which is the case of flight schedule delays. The formulations of the problems in this study are: 1) What is the legal protection for airplane passengers if there is a delay in flight schedules according to Law No.1 of 2009, 2) What are the efforts that aircraft passengers can make if they have been harmed due to flight schedule delays. This type of research is normative legal research. This study uses the Legislative Approach. The conclusion of this research is that the airline is responsible for delays in flight schedules that cause losses to passengers, here the airline applies the concept of presumption of liability. However, on the one hand, there is a condition where if the delay is due to weather and technical operational factors, the airline is not required to provide compensation to passengers in accordance with Article 146 of Law Number 1 of 2009. The process of compensation activities between consumers and airlines can be carried out when the consumers fly. a summons to the airline, but if it is ignored, the consumer can take court or outside the court route according to law number 8 of 1999 concerning consumer protection.
Pemberian Karang Memadu Sebagai Sanksi Adat Untuk Mencegah Poligami di Desa Adat Panglipuran I Nyoman Putu Budiartha; I Wayan Suka Wirawan; I Nyoman Srimurti
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.54-61

Abstract

The granting of land "Tanah Karang Memadu" for those conducting polygamous marriages in Pengelipuran Traditional Village, Bangli is a form of customary sanction from local wisdom that must be preserved. This customary sanction has proven able to prevent the community's intention to practice polygamy. In Law Number 1 of 1974 which has been amended by Law Number 16 of 2019 concerning Marriage, it is emphasized that marriage is a physical and spiritual bond between a man and a woman. So the principle adopted is the principle of monogamy. However, many people for some reason have polygamous marriages or have more than one wife. Normatively, the adat community of Penglipuran Village views polygamy as a violation of customary norms. That is why those who dare to practice polygamy will be sanctioned to leave the village yard and then be given a place known as "Karang Mamadu". This research answers the problem, how is the implementation of Karang Memadu customary sanctions in Penglipuran Village, and whether the Karang Memadu customary sanctions are implemented effectively in Penglipuran Traditional Village. This type of research will be used in this type of empirical legal research. The findings of the research confirm that the provision of "Karang Memadu" is a form of customary sanction which has very significant legal implications in preventing the occurrence of polygamous or "Memadu" marriages. The indication is, until this research has been completed, the "Karang Memadu" in question has never been used by those who carry out polygamous marriages. Suggestions that can be recommended are, the sanction of giving this "Karang Memadu" is so that it is preserved to ensure social order .
Reformasi Sistem Peradilan Pidana Indonesia Berwawasan Pancasila Appludnopsanji; Hari Sutra Disemadi; Nyoman Serikat Putra Jaya
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.1-10

Abstract

The condition of the Indonesian judiciary now reveals that the Indonesian criminal justice system is more inclined downward and obtuse and has been far from the existing justice in Pancasila values. This study will discuss regarding the current condition of the Indonesian criminal justice system and examine how the reform of the criminal Justice system will come with a vision of Pancasila. The research method described in this study uses normative legal research. The results showed that the weak condition of Indonesia's justice system now makes people distrust to find justice in it and has been far from the values of Pancasila. For this reason, reforms to the Indonesian criminal justice system that need to be guided by Pancasila can be started from the substance sub-system, structural sub-system, and cultural sub-system.
Penguatan Kewenangan Komisi Pengawas Persaingan Usaha Lewat Putusan Mahkamah Konstitusi (Putusan Mk No.85/Puu-Xiv/2016) A. Asmah
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.11-17

Abstract

Business competition supervisory commission (KPPU) is a state commission formed based on the mandate of Law No. 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition. which wants healthy competition in the business sector. KPPU has the duty to enforce the law on the practice of business competition, supervise mergers and provide government policy advice. In carrying out their duties, the commission is authorized to draw up guidelines. In carrying out the tasks carried out by KPPU as the mandate of the Law to establish an efficient Indonesian economy by creating a conducive business climate, providing legal certainty so that each business actor has the same opportunity in trying and creating effectiveness and efficiency in business activities. In the formulation of the problem of the extent to which the strengthening of the Business Competition Supervisory Commission as a law enforcement agency and an independent institution established under the mandate of Law NO.5 of 1999 after the Constitutional Court's Decision becomes more directed in the enforcement of business competition law in Indonesia This research uses empirical normative research with case approaches and comparisons through existing decisions. The conclusion of the strengthening of the KPPU after the Constitutional Court's decision, as a law enforcement agency which was given the mandate in the investigation, prosecution and decision, KPPU was made as a judicial qauation institution because it could decide on a case investigated.

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