Jurnal Hukum Prasada
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.
Articles
157 Documents
<![CDATA[Legal Consequences of Bankruptcy on Joint Assets after Divorce ]]>
<![CDATA[Putu Eka Trisna Dewi]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.43-48
<![CDATA[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.]]>
<![CDATA[Review the Legal Subject Status of Buyers in Underhand Sales of Mortgage Objects ]]>
<![CDATA[Fahrul Fauzi]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.2.2023.86-92
<![CDATA[The Mortgage Law regulates three types of execution of mortgage rights, namely Title Executorial, Parate Execution, and Underhand Execution. In the underhand execution, it is important to pay attention to the buyer's legal subject of the mortgage's object. This article examines the buyer's legal subject of the mortgage's object in underhand sales in the framework of the execution of the mortgage. The buyer's legal subject is important, considering that the national land law stipulates that the status of the land determines the status of the subject who can own it. This study uses normative juridical research methods using sources of legislation and other secondary legal materials. This study found that the underhand execution of the mortgage object must be carried out by considering the legal conditions of buying and selling land, both material and formal. Material requirements in the form of the importance of the legal subject status of a land buyer are essential things that need attention. If the material requirements are not met, the sale and purchase are null and void by law. The legal subject status of the buyer of the mortgage object must see the provisions in the Basic Agrarian Law or its derivative provisions to ensure that he has the right to hold land with the status of the rights in question.]]>
<![CDATA[Indonesia Facing Challenges of Pharmaceutical Care Implementation in Community Pharmacies: A Legal Perspective ]]>
<![CDATA[I Gusti Ayu Rai Widowati]]>;
<![CDATA[Mohammad Zamroni]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.2.2023.69-79
<![CDATA[Pharmaceutical Care (PC) is a kind of interactive comprehensive service offered by the pharmacist to the patient, in which the pharmacist's physical presence is expected when providing pharmaceutical services to the patients at the pharmacy. However, pharmacists still prioritized internal management over interacting directly with patients. The objective of this research is to glance at the legal challenges of PC implementation in Indonesian community pharmacies. The normative juridical research method has been used, with a conceptual and legal approach. PC implementation in community pharmacies experiences major-level, mid-level, and minor-level challenges. PC standards in pharmacies are legally stated in Regulation of the Minister of Health of the Republic of Indonesia No. 73 of 2016, but there are still conflicts between pharmaceutical management and PC implementation. In the incident of a medication error, the pharmacist as the person responsible for PC in the pharmacy, is legally responsible. Pharmacists who do not meet PC standards in community pharmacies encounter administrative, civil, and criminal consequences.]]>
<![CDATA[Phenomena of Corruption as A Social Pathology: A Review on Legal Sociology ]]>
<![CDATA[Muhammad Rahjay Pelengkahu]]>;
<![CDATA[Fajri M Kasim]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 2 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.2.2023.130-138
<![CDATA[This research examines the factual issues of eradicating and legal enforcement of corruption in Indonesia. In addition, the phenomenon of corruption as a social sickness is evaluated from the perspective of legal sociology research. Utilizing a descriptive-analytical research approach, literature studies are conducted to collect a variety of trustworthy resources and information. The study's findings indicate that the problem of eradicating and enforcing anti-corruption laws in Indonesia has become a cycle of corruption that will not end unless the state undertakes supremacy-reform initiatives in three areas: socio-cultural, legal instruments, and institutional-structural-functional. Corruption has become societal cancer that affects the development of legal culture in society. Corruption is viewed as a structural functionalism framework. Deviant conduct of officials v from a breach of the social structure's functioning.]]>
<![CDATA[Customary Law during the Covid-19 Pandemic: Supporting Local Government's Policy ]]>
<![CDATA[Anak Agung Gede Oka Parwata]]>;
<![CDATA[I Gusti Ngurah Dharma Laksana]]>;
<![CDATA[A. A. A. N. Harmini]]>;
<![CDATA[Made Dandy Pranajaya]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.49-58
<![CDATA[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.]]>
<![CDATA[Land Bank as Land Provision Agency in Land Procurement for Public Interest ]]>
<![CDATA[Trischa Galuh Krishnasanti]]>;
<![CDATA[Made Widya Prasasti]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.59-68
<![CDATA[The idea of creating regulations about Land Bank is getting stronger by seeing many problems regarding the land supply for development for the public interest. The enactment of Law Number 11 of 2020 concerning Job Creation is the basis for the establishment of the Land Bank Agency. The mandate of Article 33 paragraph (3) of the 1945 Constitution and Article 2 of Law Number 5 of 1960 concerning Basic Agrarian Principles says that the State has the authority to control, regulate, and organize the allotment of land, water, and natural resources contained therein for the people greatest prosperity. However, the availability of land amount is not proportional to the massive development by people and the government conduce in land price fluctuations. Moreover, the absence of a land operator role hinders infrastructure development for the public interest. The purpose of this study is to reveal the legitimacy of the Land Bank Agency in land procurement for development in the public interest after the enactment of Omnibus Law and to describe land acquisition by the Land Bank Agency. The doctrinal research method is used in this study. Approach methods that are used in this study are the statute and conceptual approaches. It was found that the legitimacy of the Land Bank Agency is a form of the authority of the State Right to Control over Land which carries out functions as a land manager and guarantees the availability of land in for the public interest so that the Land Bank Agency can act as an agency that requires land in land acquisition for development for the public interest. The acquisition of land by Land Bank Agency is carried out through government determinations and through a waiver of rights.]]>
<![CDATA[Application of Burden of Proof to Child Labour as Protection of Children's Rights ]]>
<![CDATA[Ahmad Fauzi]]>;
<![CDATA[M. Noor Fajar Al Arif F]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.12-19
<![CDATA[Child labour should be given legal protection, one form of protection for child labour is to impose a Burden of Proof (Burden of Proof) for child labour in accordance with the provisions of the ILO Convention (International Labor Organization) No. 138 of 1973 on the minimum age to be allowed to work and the ILO (International Labour Organization) Convention No. 183 then 1999 on the abolition of the worst forms of work for. This research aims to examine the philosophical foundation of the burden of proof in the Indonesian legal system and to examine the burden of proof implementation for child labour in Indonesia. This research is legal research using a normative juridical approach, the data used are primary data and secondary data analyzed using quantitative analysis. The results of the study are the first philosophical application of the principle of reverse burden of proof that has been regulated in various legal rules in Indonesia, including Law No. 8 of 1999 on Consumer Protection, Law No. 40 of 2007 concerning limited Company legal No. 32 of 2009 on the protection and management of the environment and the provisions of the crime of corruption relating to the freezing, expropriation and confiscation of the perpetrators of the crime of corruption in accordance. Both countries have ratified ILO Convention No. 138 of 1973 on the Minimum age to be allowed to work and ILO Convention No. 182 of 1999 on the Prohibition and immediate action on the elimination of the worst forms of Child Labour which affirms the existence of a reverse proof for child labour.]]>
<![CDATA[The Principles of Tri Hita Karana in Harmonizing Rural Spatial Planning Local Wisdom Based (Study in Bugbug Traditional Village, Karangasem) ]]>
<![CDATA[Ni Made Jaya Senastri]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.20-27
<![CDATA[In principle, rural spatial planning local wisdom based on a sustainable spatial planning system is an embodiment of immaterial and material harmonization or balance of life between humans and God, between humans and humans and humans and the environment. Local wisdom on spatial planning in rural areas is interpreted as a system of values, culture, politics, law, economics and religiosity which functions to guide patterns of behaviour in understanding space as a place to live. This study aims to examine legal culture as a value system in the formation of the legal system elements and the principle of Tri Hita Karana as a harmonization of spatial planning in Bugbug traditional village. This study used an exploratory method and this type of research is a qualitative descriptive study of law. The results of this study showed that spatial planning of rural areas local wisdom based is very important as a recognition of the rights of rural communities. In fact, spatial planning arrangements for rural areas with local wisdom aim to protect and manage the environment in a sustainable manner for the benefit of every generation and become the basis for planning, utilizing and controlling sustainable spatial planning. The concept of regulating rural spatial planning local wisdom based in managing rural spatial planning local wisdom based through customary village autonomy in the Bugbug Traditional Village is to create spatial planning in favour of village communities through a rural spatial planning model based on traditional villages through implementing the Tri Hita Karana principle in the spiritual environment, social environment, and natural environment.]]>
<![CDATA[Legal Construction for The Establishment of Land Banks in Land Procurement for Fair Public Interest ]]>
<![CDATA[Ida Ayu Putu Sri Astiti Padmawati]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.10.1.2022.1-11
<![CDATA[The purpose of this study is to examine and describe the urgency of establishing a land bank and the implications of the authority of a land bank in realizing land acquisition for the public interest that is equitable in Indonesia. The method used in this research is normative legal research and the approaches used are the legislative approach, the historical approach, the comparative approach and the conceptual approach. The results of this research indicated that land is driven by Indonesia's urgency to the problem of very large land needs, which will later be used as a forum for investment activities. The implication of the Land Bank's Authority in the Job Creation Act and the government regulation of land banks raises several problems, namely, firstly, overlapping authorities with other land institutions. Second, the strengthening of Land Management Rights related to the authority of the land bank is intended to provide facilities and/or licensing services more aimed at increasing investment than as much as possible for the prosperity of the people, this has a very broad impact including 1) Causing an increase in the number of Agrarian Conflicts; 2) Bringing back the principle of Domein Verklaring; 3) Weakening of the existence of customary law communities and their ulayat lands; and 4) the overlapping authority of the land agency]]>
<![CDATA[Environmental Law Enforcement in Waste Management Based on Good Environmental Governance Principles in Denpasar City ]]>
<![CDATA[I Dewa Gede Astika Praja Negara]]>;
<![CDATA[Ni Made Jaya Senastri]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 11 No. 1 (2024): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.11.1.2024.9-15
<![CDATA[Waste management is still an unresolved problem. This study aims to examine problems in waste management in the city of Denpasar. This research is empirical legal research with a statutory approach. Data was collected with primary and secondary data and then analyzed qualitatively. Several laws and regulations correlate with waste management in Indonesia, namely Law No. 18 of 2008 concerning Waste Protection and Management. Structure, substance, and culture are three legal systems combined to make up law enforcement in the waste management industry. Moreover, there are two perspectives on law enforcement in waste management: preventive law enforcement and repressive law enforcement. To increase public awareness of a good and healthy environment, law enforcement in waste management also embraces the principles of Good Environmental Governance of the federal and municipal governments. The study results show that the Denpasar City Government already has mentoring rules regarding waste management. However, waste management based on good environmental governance in Denpasar City has not been effective. This is because the community and the lack of public awareness of healthy living still commit many violations. Thus, the government still needs to improve and increase the regulation and supervision of waste management in Denpasar City.]]>
