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Jurnal Hukum Prasada

prasada
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Published by Universitas Warmadewa

ISSN : 2337795X EISSN : 25484524 DOI : https://doi.org/10.22225

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.It aims is to provide a place for academics and practitioners to publish original research articles, review articles, and book reviewsThe scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshopy of Law, and Human Rights are particularly welcome. This journal published by Warmadewa University two times a year in march, and november by Warmadewa University Press.

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Articles 128 Documents

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Indigenous Village Autonomy on Forest Resource Management in Padangtegal Indigenous Village A. A Gede Oka Parwata; Ni Luh Made Dwi Pusparini; A. A. Ayu Ngr. Harmini
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Forests have a function as a life buffer so that community welfare should be maintained responsibly and sustainably. In addition, the forest resources management and community participation, Balinese local wisdom regarding forest protection are based on Wana Kerthi which is part of Sad Kerthi. The concept is also one of Tri Hita Karana's philosophies. The importance of indigenous villages regarding forest management in Bali needs more attention from both the central and local governments. Moreover, the attention is in the forms of clearer regulations, especially the authority boundaries between traditional villages and the government. The purpose of this study is to investigate the forest status in Padangtegal Indigenous Village and to investigate its roles in indigenous forest management. The method used in the study is the empirical legal research method. The results of this study indicated that the status of the forest managed by the Padangtegal Indigenous Village is a 26-hectare indigenous forest that has the main function as a conservation forest based on the Tri Hita Karana philosophy. The role of Padangtegal Traditional Village in forest management is following the Bali Provincial Regulation Number 4 of 2019 concerning Indigenous Villages (hereinafter referred to as the Indigenous Village Regulation), with autonomy owned by the indigenous village to have rights in regulating its household which is stated in the form of awig-awig. Customary forests as indigenous villages’ padruen are used to create the welfare of indigenous village communities.

Implementation of Patient Legal Protection in Internal Policy Implementing BPJS Health in Wangaya Hospital, Denpasar City I Gusti Agung Dhian Maharani Swari Dewi; Ni Made Jaya Senastri; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Policies in the implementation of health services at BPJS Health there are still obstacles experienced by patients and the hospital. Legal protection in health services aims to ensure legal certainty obtained by patients, so that patients avoid losses when receiving health services that should be optimally provided by health workers. The purpose of this study is to examine the implementation of the internal policies established by the Wangaya Hospital, Denpasar City in the implementation of BPJS Health services and to examine the legal protection for patients in BPJS Health services at Wangaya Hospital Denpasar City. This study uses empirical legal research methods, using the approach to legislation, analysis of legal concepts and facts. The research location is at Wangaya Hospital, Denpasar City. The results of this study showed that the implementation of internal policies at Wangaya Hospital, Denpasar City in providing BPJS Health services, namely with the authority of hospitals to be able to formulate and implement hospital regulations (hospital by laws) which contain general hospital services policies that support corporate governance and good governance, clinical governance. In the implementation of BPJS Health at Wangaya Hospital, Denpasar City, there are obstacles, such as: obstacles in claiming, technical, procurement of medicines that are not available or not yet available at distributors. Meanwhile, legal protection in BPJS Health services where patients are BPJS Health participants to be able to fulfill their rights as participants or patients. Patient rights have been regulated in the Medical Practice Law, Health Law, and Hospital Law. Legal protection is provided by the BPJS Health and the Hospital, namely by establishing a PIC (Personal in Change) which functions to accommodate handling patient complaints or related to BPJS Health services.

The Legal Consequences of Debtor Transfer Carried out under the Agreement, House Ownership Loans Putu Ayu Sriasih Wesna; Ida Bagus Dwi Jusarata; Johannes Ibrahim Kosasih
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Mortgage agreements often find cases, including the transfer of rights to the mortgage object, namely the house, which is carried out under the hands of the debtor to another party before the mortgage is paid off without the knowledge of the bank. This research aims to examine the validity of the house sale and purchase agreement on house ownership loans (KPR), through the debtor transfer process and to examine the legal consequences of the transfer of debtors carried out under the hands of a mortgage agreement, and also to examine the efforts have been taken by the bank to overcome it. This research used normative legal research. The results of this research showed that the transfer of debtors in general can occur with the knowledge of the bank and without the knowledge of the bank (under the hands). It can be concluded that the debtor transfer process is a form of sale and purchase agreement made between the old debtor, who is still bound by the bank credit agreement, and the new debtor. The process of transferring debtors legally must be carried out between three parties, namely the bank, the old debtor and the new debtor. The debtor transfer process must meet the requirements for a valid credit agreement, which is based on Article 1320 of the Civil Code. If there is a transfer of the debtor without the knowledge of the bank, legal remedies must be taken by the new debtor by filing a lawsuit against the old debtor and the bank to the District Court. This decision from the District Court which has permanent legal force (inkracht) is evidence of the existence of an agreement between the old debtor and the new debtor, and can be the basis for the bank to submit certificates and other documents to the new debtor. In order to avoid problems in the future, people who want to transfer debtors to mortgages can do so after obtaining approval from the bank as creditor.

Conception of Sanctions for Same-Sex Marriage Couples in the Perspective of Balinese Customary Law (Comparison of Laws in the United States) I Made Wata Jiwana; Putu Eka Trisna Dewi
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

In Balinese customary law, same-sex sexual intercourse is known as “salah krama”, or sexual intercourse with wrong partners and it is strictly prohibited in Hindu law. The reason is the situation will make the offenders become cuntaka, leteh or impure. The purpose of this study is to analyse and reveal the paradigm of same-sex marriage from the perspective of international law and customary sanctions against same-sex marriage couples in Bali. The type of research used in this study is normative legal research. Based on analysis, the results of this study revealed that the United States government’s policy paradigm regarding same-sex marriage can be seen from the United States Supreme Court Decision which issued a policy that completely changed the existence of the LGBT community in the United States. Furthermore, the concept of customary sanctions against same-sex marriage couples in Bali is made in the form of giving customary sanctions to those practicing LGBT that must be executed strictly. The customary sanctions that can be given take the form of arta danda, sangaskara danda, and jiwa danda.

Spatial Regulation of Protected Rice Fields through A Notary Law Approach on Freehold Title Splitzing I Made Sudira
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Protected Rice Field is a legal norm regulated in the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number: 1589/SK-HK.02.01/XII/2021 concerning Stipulation of Protected Rice Fields Map in Regencies/Cities in West Sumatra Province, Banten Province, West Java Province, Central Java Province, Yogyakarta Special Region Province, East Java Province, Bali Province, and West Nusa Tenggara Province. The purpose of the establishment of the regulation is to control the conversion of rice fields into other functions such as housing, shops, offices and other investment functions. A Notary as an official authorized to make an authentic deed, based on the duties and authorities of a Notary regulated in the Notary Position Act, can also execute the process of splitzing a land certificate by first obtaining a position as a Land Deed Official (referred to as PPAT). Problems regarding protected rice fields in relation to the authority of the Notary in executing the splitzing of the certificates of rice fields are there are obstacles that may emerge in the implementation process due to the issuance of regulations regarding the protected rice fields. This study aims to analyse the public’s perception towards the designation of protected rice fields with the provisions of the freehold titles splitzing. The research method used in thi research is normative juridical research. Based on the analysis, the results of this study indicated that in the case splitzing the deeds of rice field land, the notary is still guided by the terms and conditions stipulated by the National Land Agency.

Juridic Aspects of Startup Company in the Era of the Industrial Revolution and the Trend of Digitalization of Trade Deli Bunga Saravistha; I Wayan Werasmana Sancaya
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Looking at the times and society's need for a modern form of technology-based business, it is interesting to discuss the topic of startup companies. Moreover, this form of business is now considered part of the trend of digitizing trade. In addition, e-commerce is a form of trend in the digital sector and today's economic sector. This research aims to examine the role of big data and the protection of personal data in startup companies and the legal relationship in it, and to examine the regulations regarding consumer protection for startup company users in Indonesia. This research was conducted using a normative research method, with a statutory approach and a case approach with descriptive and evaluative techniques. The results of this research revealed that the role of big data in the startup company business, among others, is to support business competition by using big data through innovation. Not only for startup companies, but for all current and future business ventures as well as for the government in relation to public services. The parties in the startup business other than the company itself, including consumers and the government as legal authorities. All of them have their respective important roles. Consumer protection is now the responsibility of OJK, in addition to the legal umbrella in the form of regulations issued by the OJK, regulations set by Bank Indonesia can also be used as the only central bank that has the capacity to determine monetary policy. In addition, it is also regulated in the ITE Law, which even though it is not sufficient to protect consumers, it can at least provide legitimacy for the protection of consumer data.

Legal Protection for Women Victims of Psychological Domestic Violence Based on Enactment Number 23 of 2004 Ni Nyoman Muryatini
Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.1.2022.28-35

According to National Commission on Violence against Women’s annual record in 2020, within a period of 12 (twelve) years, violence against women increased by 792%. It means that violence against women in Indonesia for 12 (twelve) years increased almost 8 (eight) times. Psychological violence against women in the household is an act against the law, a violation of human rights, a crime against human dignity, and a form of discrimination that must be abolished. This study aims to examine the legal protection for women victims of psychological violence in the household based on the enactment of domestic violence elimination. The method used in this research is normative legal research which makes the norm system the centre of its study with the aim of providing legal arguments as a basis for determining whether an event is right or wrong and how the event should be according to law. The results showed that the government has made efforts to protect women victims of psychological violence in the household. Preventively bypassing the constitution of domestic violence elimination and repressively by providing protection and services needed by victims in the context of recovery. Domestic violence is included in the complaint offence; therefore, the victim must report to the investigator related to the violence experienced so that legal proceedings can be carried out immediately.

The Role of the Dispute Settlement Body (DSB) in the Settlement of Trade Disputes Between Member Countries of the World Trade Organization (WTO) Eddy
Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.1.2022.36-42

The flow of globalization that is taking place more rapidly at this time makes free trade no longer unstoppable. The dominance of the WTO in regulating the international trade system cannot be separated from the rapid and dynamic economic growth and development among nations. In this development, disputes between countries in international trade will certainly occur. This research aims to examine the role of the Dispute Settlement Body (DSB) in the settlement of trade disputes between member countries of the World Trade Organization (WTO). This research uses a normative legal research method and data collection is done by literature study. The results of this study showed that the dispute resolution system through the Dispute Settlement Body of the WTO is set forth in the Understanding of Rules and Procedures Governing the Settlement of Disputes. The substance of the provisions contained in this section is the interpretation and implementation of the provisions of Article III of the GATT of 1947 and the implementing agency is the Dispute Settlement Body. The institution is part of the WTO General Council so all member countries are bound by its rules and regulations and have the same right to use the existence of the Dispute Settlement Body.

Legal Consequences of Bankruptcy on Joint Assets after Divorce Putu Eka Trisna Dewi
Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.1.2022.43-48

Marriage is a legal event that makes a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the one and only God. However, not all marriages go as expected which leads to divorce. Marriage creates a union of assets called joint property. In the process of marriage, there are often a number of debts that the husband and wife cannot afford to pay because their joint assets are insufficient to pay these debts. The inability of a husband and wife to pay debts to creditors can be declared bankrupt based on a court decision. This will lead to a problem for joint assets when bankruptcy occurs after a divorce. This study aims to examine the legal consequences of bankruptcy on joint assets after divorce. The type of research is normative legal research. This legal research method is related to the principles and norms of bankruptcy law in Indonesia, in that, legal research is a process to find legal rules to answer the legal issues being faced. The types of approaches used are the statute approach, conceptual approach and legal facts approach. The results of this study showed that in Article 23 of the Bankruptcy Law, it is explained that if a person is declared bankrupt, those who participate in bankruptcy include the wife or husband with the status that the wife/husband after marriage is related to the union of assets. The legal consequences of the bankruptcy of joint assets that have not been divided after the divorce refer to the provisions for the distribution of joint assets in the marriage law and the Civil Code.

Customary Law during the Covid-19 Pandemic: Supporting Local Government's Policy Anak Agung Gede Oka Parwata; I Gusti Ngurah Dharma Laksana; A. A. A. N. Harmini; Made Dandy Pranajaya
Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.1.2022.49-58

The covid-19 pandemic has become a national disaster, therefore the participation of all parties is needed in efforts to handle this disaster. Traditional villages with their customary law have a strategic role in handling Covid-19 starting from managing their territory to distributing social assistance. Through traditional village institutions, the Bali Provincial Government uses local wisdom in increasing community participation and institutions to be actively involved in handling activities and overcoming the impact of Covid-19. This study aims to determine the role of customary law to support government policies in handling Covid-19 in Bali. This study is a descriptive study in which the method used is a normative legal research method, using a statutory approach, a historical approach, a conceptual approach, a philosophical approach, and a case approach. The legal materials used are primary legal materials, secondary materials, and non-legal materials. Based on the research conducted, it was found that Balinese customary law plays a role in supporting government policies in handling Covid-19 in Bali because it is in accordance with the philosophy and principles of customary law adopted by the Balinese indigenous people.

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Home Page

OAI Link

Editorial Team

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Contact Name I Gusti Ayu Intan Saputra Rini

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Phone 085339633595

Journal Mail Official jurnalprasada.pps.unwar@gmail.com

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Location Kota denpasar, Bali INDONESIA

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Contact Name
I Gusti Ayu Intan Saputra Rini

Contact Email
intansaputrarini@gmail.com

Phone
085339633595

Journal Mail Official
jurnalprasada.pps.unwar@gmail.com

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA