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Jurnal Hukum Prasada
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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Land Bank as Land Provision Agency in Land Procurement for Public Interest Trischa Galuh Krishnasanti; Made Widya Prasasti
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.10.1.2022.59-68

Abstract

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.
Application of Burden of Proof to Child Labour as Protection of Children's Rights Ahmad Fauzi; M. Noor Fajar Al Arif F
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.10.1.2022.12-19

Abstract

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.
The Principles of Tri Hita Karana in Harmonizing Rural Spatial Planning Local Wisdom Based (Study in Bugbug Traditional Village, Karangasem) Ni Made Jaya Senastri
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.10.1.2022.20-27

Abstract

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.
Legal Construction for The Establishment of Land Banks in Land Procurement for Fair Public Interest Ida Ayu Putu Sri Astiti Padmawati; I Made Suwitra; Putu Ayu Sriasih Wesna
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.10.1.2022.1-11

Abstract

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
Return of State Financial Losses Resulting From Corruption and Money Laundering Crimes Rosalia Dika Agustanti; Bambang Waluyo; Amanda Putri Kurniawan
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.93-101

Abstract

Corruption has become a rampant habit within society. Corruption is a manifestation of greed in people, which they will never feel enough of the wealth they already have. One form of criminal act other than corruption that is common in Indonesian society is the Money Laundering Crime. In this journal, we examine the legal liability and principle of returning state financial losses and the application of asset forfeiture in efforts to return state finances. Under the money laundering law, judges are given the authority to be able to confiscate and expropriate the property of defendants who commit crimes of corruption and money laundering even before the fall of the judge's ruling in court. The recovery of state assets is a concept that is equal with the concept of restorative justice. The deprivation of assets in the recovery of state financial losses is quite important to quell crime with economic motives. This is because so complex are the acts of economic-motivated lending that they are often difficult and complicated for law enforcement to handle.
Judges’ Ratio Decidendi to Accept and Reject Interfaith Marriage in The Perspective of Indonesian Positive Law Elmira Qurrota A'yunina A'yunina; Syabbul Bachri
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.112-122

Abstract

The existence of interfaith marriages in Indonesia does not yet have regulations that clearly regulate its implementation. This causes differences in decisions given by judges in each case. Ratio decidendi is a reason or argument used by judges to give a decision in a case that is always based on applicable laws and regulations. In addition to the absence of regulations that regulate exactly the implementation of interfaith marriages, the difference of opinion given by the judges in decisions related to the implementation of interfaith marriages makes people even more confused about the legality of implementing interfaith marriages in Indonesia. The purpose of this study is to analyze the ratio decidendi of judges in each decision, whether from a decision to reject or grant a decision, as well as to analyze the perspective of Indonesian positive law regarding the implementation of interfaith marriages. This study uses a type of normative juridical research that uses a case approach and a comparative approach. The results of this study in general are that actually interfaith marriage cannot be justified in its implementation, because there are several laws that actually regulate marriages carried out by two people who have different religions and beliefs.
Review the Legal Subject Status of Buyers in Underhand Sales of Mortgage Objects Fahrul Fauzi
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.86-92

Abstract

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.
Indonesia Facing Challenges of Pharmaceutical Care Implementation in Community Pharmacies: A Legal Perspective I Gusti Ayu Rai Widowati; Mohammad Zamroni
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.69-79

Abstract

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.
Phenomena of Corruption as A Social Pathology: A Review on Legal Sociology Muhammad Rahjay Pelengkahu; Fajri M Kasim
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.130-138

Abstract

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.
Legal Protection of Depositors' Funds in The Event of Bank Liquidation Anak Agung Ngurah Bagus Krisna Pratama; Johannes Ibrahim Kosasih; Ni Komang Arini Styawati
Jurnal Hukum Prasada Vol. 10 No. 2 (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.10.2.2023.123-129

Abstract

In general, a bank is a financial intermediary institution generally established with the authority to accept money deposits, lend money, and issue promissory notes or what is known as banknotes, banks in carrying out one of their functions are collecting funds from the public in other words, storing funds in the bank gets the benefit of interest for customers, in this case not all the benefits promised by the bank can be realized the higher the interest it seems that we as customer consumers feel benefited, but in reality there are banks that provide high interest after that the health of their banks decreases so that it has an impact on customer consumers on their savings at the bank. The formulation of the problems raised in this study are 1). What are the consequences or legal consequences for banks in the placement of funds that are not in accordance with the LPS policy in the event that the bank is not healthy? 2). How is the legal protection of depositors in the event that the bank is liquidated by LPS? This research uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, relevant laws and regulations, relevant court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of satisfaction, the theory of legal certainty and the theory of legal protection. The conclusion of this research is to provide protection to customers if they save funds in banks that are determined to be unhealthy by the Deposit Insurance Corporation so that customers feel safe if they want to save their funds in the banking world.

Page 11 of 13 | Total Record : 128

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