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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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The Concept Of Criminalization Of Prostitution As A Legal Instrument For The Renewal Of Indonesian Criminal Law I Dewa Agung Gede Mahardika Martha; I Ketut Rai Setiabudhi; Erny Herlin Setyorini
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.10.2.2023.80-85

Abstract

Prostitution is the activity of sexual intercourse for livelihood, there are several goals to be obtained, such as money, goods or gifts and also the satisfaction of inner desires so that it includes not only copulation but some to be achieved or owned. Prostitution activities are included in the form of sexual deviance, which deviate from the social, religious, polite and moral values of the Indonesian nation. In other words, it also injures or abuses the values contained in Pancasila. Therefore, the urgency of criminialization in prostitution in the current Indonesian criminal law and the concept of criminalization of prostitution in the context of renewing Indonesian criminal law. This research uses a normative type of legal research. The urgency of criminialization in prostitution in Indonesian criminal law can be seen in four foundations, namely philosophical, juridical, sociological, and human rights foundations. Regulations on the practice of prostitution as a criminal act or against materril law currently in Indonesian criminal law still do not reflect the principle of justice and the principle of expediency.
Dispute Resolution Model of Druwe Mrajan Land Rights from Different Religious Heirs in Badung Regency I Gusti Agung Yoga Bhaskara Susila; I Made Suwitra; Ni Made Jaya Senastri
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.10.2.2023.102-111

Abstract

Customary land in Bali has a very close relationship with the daily life of indigenous people in Bali. Until now, inheritance disputes still occur a lot in Bali, especially seeing the economic value of customary land in Bali today, it also triggers people who have converted from Hinduism to have the same rights as those who are still Hindus in terms of inheritance regardless of the various obligations that must be carried out in Balinese Customary society. The objectives of research are to explore and identify the temple land / Druwe Mrajan land which is still sustainable today, and find court decisions that strengthen Balinese Customary Law. The method uses descriptive approach to describe precisely the properties of an individual, situation, symptom or certain group to determine the presence or absence of a relationship between a symptom and other symptoms in society. Through an Empirical approach, with the reality that occurs in the community according to the Awig-awig of the Padang Luwih Traditional village, states that people who have left Hinduism (Ninggal Kedaton) no longer get inheritance rights in the family, because they cannot carry out their obligations both in life in the Customary community, Family, and obligations to ancestors in Mrajan Agung. Inheritance in Balinese customary law does not solely contain the rights of the heirs to the inheritance property, but more than that, the most important is the obligation of the heirs to the testator. The obligation of the heirs is a consequence of the rights they receive.
Environmental Law Enforcement in Waste Management Based on Good Environmental Governance Principles in Denpasar City I Dewa Gede Astika Praja Negara; Ni Made Jaya Senastri
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.9-15

Abstract

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.
Legal Effects of Credit Agreement Restructuring on Collateral in an Effort to Rescue Non-Performing Loans Dahris Siregar
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.1-8

Abstract

Credit agreements sometimes arise factors that cause installment payments that have been agreed by the parties are not smooth and can make the banking economy less healthy, because it is undeniable that funds at the bank are also funds owned by customers. This can be said to be a non-performing credit at a bank. When the Credit Agreement is problematic, the bank will work to fix the credit issue as the creditor so that the funds that have been issued by the creditor can be received back based on the guidelines of the loan arrangement. This study's method of research is normative juridical with a concept and law strategy. The results of the study stated that the outcomes attained from causing variables non-performing loans could occur from internal (bank), and outside (debtor) elements. By credit restructuring, it is possible to select it since it may provide both parties superior answers, due to the fact that parties negotiate before it so that both sides' interests are represented.
Reformulation of Rehabilitation Sanctions for Perpetrators of Sexual Violence Crimes I Gusti Bagus Yoga Sastera; I Gusti Bagus Suryawan
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.55-61

Abstract

This research aims to explore the best way to reconstruct rehabilitation sanctions for perpetrators of sexual violence. The formulation of the problems raised in this study are first: why perpetrators of sexual violence need to be rehabilitated and which perpetrators of sexual violence can be subject to rehabilitation punitive measures and what kind of rehabilitation, Second: how to reformulate the best sanctions against sexual violence in the future (ius constituendum) to make it more effective. The type of research used by the author is normative research. The results of this study suggest that perpetrators of sexual violence should be rehabilitated if certain conditions require rehabilitation measures, such as sexual deviation. However, it should be noted that the implementation of rehabilitation measures must be very selective and right on target. Reformulation of future sanctions must show an indication of the feasibility of the perpetrator and should mention what are the indicators of perpetrators who can be subject to rehabilitation and what form of rehabilitation in order to provide legal certainty.
The Influence of Power on Decisions Constitutional Court (MK) Concerning the Age Limit for Vice Presidential Candidates in 2023 Azhari M. Hadi Putra; Doni Hendrik; Nilma Suryani
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.37-45

Abstract

There are so many irregularities in the Constitutional Court's decision Number 90/PUU-XXI/2023 regarding the age limit for presidential candidates. The author suspects that there is interference from the ruling elite who have an interest in maintaining the current power status quo. The analysis of this writing will be dissected using an understanding of elite theory and patterns White Collars Criminal. Jokowi and the current ruling elite group have an interest in remaining is within the scope of power. Meanwhile, regulations to continue being in power no longer provide space. Therefore, Jokowi and his group need to extend their hand in the circle of power in the future after he steps down, through legal manipulation so that his son can advance as a state official. Jokowi's efforts together with other elite groups behind this political attitude that is contrary to democratic values, is suspected to be an inevitability that can arise from those in power. The state government's grip on power, which has been going on for almost a decade, is starting to show that it is mentally and psychologically unprepared for its end. This pattern of efforts has led to a series of irregularities in political and legal events over the past year or so. In the end, it all boils down to Gibran's official step forward as vice presidential candidate. This article was written using a qualitative approach with descriptive analysis methods. The data collection technique used is literature study, which is related to theoretical studies and several references.
Police Authority Regarding Modification of Motorized Vehicles That Are Not Roadworthy Standards I Putu Edi Rusmana
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.25-30

Abstract

This research discusses about the authority of the Indonesian National Police regarding law enforcement in modifying motorized vehicles that are roadworthy on road. The problem of this research is how is law enforcement enforced against perpetrators who modify motorized vehicles? and what are the criminal sanctions against motorists who modify vehicles that are not roadworthy? The purpose of this research is to find out the authority of the police in enforcing the law and criminal sanctions related to modifying motor vehicles that are unfit for the road. In this research used a normative legal research method, namely by reviewing or analyzing several legal materials from several literatures and statutory regulations that are related. It is hoped that the research carried out by researchers will provide theoretical and practical benefits. Theoretical usefulness means that the results of this research are useful for developing knowledge and the practical usefulness of this research means that it has good benefits for the government, related institutions or society at large. The results of this research are that the police enforcing traffic laws, especially modifying vehicles that do not pass the roadworthy test, are in line with government regulations and the role of the Indonesian National Police in carrying out their duties and obligations to curb traffic violations is in accordance with legislation in Law Number 22 of 2009 on Road Traffic and Transportation. Criminal sanctions in traffic have been regulated in Law Number 22 of 2009 on Road Traffic and Transportation.
Legal Approaches for Clinical Audits and Sanctions in Indonesian Health Service Facilities Ida Ayu Sadnyini; David Christianto; I Gede Agus Kurniawan; Made Jayantara
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.16-24

Abstract

Laws and regulations in Indonesia have regulated health law to ensure that every person has the right to safe, high-quality, and affordable health services. Article 21 of Law No. 36 of 2009 on Health stipulates that every Health Service Facility must have a good and responsible health service management and governance system. However, the regulation of clinical audits as an effort to reduce the risk of negligence in healthcare facilities and how the process and sanctions for unintended errors in handling patients are still unclear. The research method used is empirical legal research. This research was conducted using the Legislative Approach, Conceptual Approach, and Case Approach. The results show that the regulation of clinical audits as an effort to reduce the risk of negligence in healthcare facilities is still unclear, so an approach based on the principles of justice, legal certainty, and usefulness is needed to reduce the risk of negligence in healthcare facilities. Furthermore, the process of audit and the imposition of sanctions for unintended errors in handling patients in healthcare facilities are subject to civil and criminal lawsuits. The conclusion of this study is that in clinical audits in Indonesia, an approach that prioritizes the principles of justice, legal certainty, and usefulness is needed to reduce the risk of negligence in healthcare facilities, so that all parties are treated equally, sanctions for errors must be fair and proportional, and preventive sanctions should focus on improving the qualifications of health workers, improving systems, and developing policies to improve health services and provide patients with the right to claim compensation and file complaints both civilly and criminally.
Juridical Analysis of the Regulations on the Use of Cannabis for Medical Purposes in Indonesia (A Comparative Study with Thailand) Anak Agung Gede Triyatna; Putu Eka Trisna Dewi; Cokorde Istri Dian Laksmi Dewi
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.31-36

Abstract

Narcotics are substances whose use is prohibited. They have both negative and positive effects on health. Indonesian law regulates narcotics in Law Number 35 of 2009 on Narcotics, which classifies them into two categories: plant-based and non-plant-based. Cannabis, a plant-based narcotic, is an example of a substance prohibited for use in the health sector in Indonesia. However, some countries permit the use of narcotics, such as Thailand, which allows the use of cannabis for public health benefits. This research is normative research, also known as doctrinal legal research, which involves examining existing legal rules using secondary data from library legal research. The study shows that there are differences in the rule of law between Indonesia and Thailand. The Indonesian Narcotics Act expressly prohibits the use of cannabis narcotics in the medical field, while in Thailand, the use of narcotics is allowed for medical purposes under government-determined conditions. In Indonesia, the use of cannabis narcotics is subject to clear criminal sanctions as specified in the governing law. However, in the Netherlands, the government has legalized the use of cannabis for medical purposes.
The Role of Self-Contained Consumer Protection Services (LPKSM) in Providing Protection to Consumers on The Circulation of Hazardous Drugs Ni Nyoman Muryatini; Lilis Yuningsih
Jurnal Hukum Prasada Vol. 11 No. 1 (2024): 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.11.1.2024.46-54

Abstract

The acute kidney injury cases that occurred recently highlight the urgency of consumer protection issues in Indonesia. The Consumer Protection Law in Indonesia is a preventive effort by the government to provide legal certainty for consumers. LPKSM is mandated by the Consumer Protection Law to provide legal protection to consumers. This research aims to examine the extent of the role of LPKSM in providing protection to consumers. The research method used in this research is normative juridical research. The approach used is a statute approach and a legal concept analysis approach. The technique of collecting legal materials by conducting document studies related to the problems studied and also primary, secondary and tertiary legal materials, then interpreting and reviewing related laws and regulations. Based on the results of the research that has been conducted, consumer protection is an issue that should receive attention from all parties, including the government, society, and business actors. LPKSM is a non-profit institution that, undoubtedly, requires operational costs, which often become a hindering factor in fulfilling its mandate according to the Consumer Protection Law. The government's role is crucial in this regard, specifically in providing financial support to LPKSM to fulfill its duties effectively. In addition to monitoring the circulation of goods and/or services in the market, LPKSM also provides consumer education and has the authority to file lawsuits against businesses that harm consumers.

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