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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 157 Documents
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Cybercrime Punishment Formulation Using Methods DDoS Attack Regarding Websites from a Positive Legal Perspective Eko Wahyu Ramadani; Rustam Dahar Karnadi Apollo Harahap; Riza Fibriani
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.26-35

Abstract

Cybercrime using the DDoS attack method against a website is a crime to paralyze a website by flooding the webserver traffic so that the webserver experiences overload and the website system is damaged. This research aims to analyze the criminal sanctions for DDoS attacks on websites from a Positive Legal Perspective. The type of research used is normative research, the approach used uses a statute approach. The act of DDoS attack on a website in Indonesian positive law is included in an unlawful act as regulated in Article 332 paragraph (3) of the Criminal Code (KUHP), Article 30 paragraph (3) and Article 33. Criminal sanctions for cybercrimes using methods DDoS attacks are contained in Article 46 paragraph (3) and Article 49 of Law Number 01 of 2024 concerning the second amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions
Tax Amnesty Policy in Maintaining Order in Fulfilling Taxpayers' Tax Obligations Friska Firdi Handini Putri; Ridhwan Ardra Majid; Sumali Sumali; Suryaningsih Suryaningsih
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.58-65

Abstract

The Tax Amnesty policy or tax amnesty that has been regulated in Law No. 11 of 2016 concerning Tax Amnesty in its implementation always reaps pros and cons and this becomes a polemic and the government plays a role or takes part in dealing with these problems. The research method used in this study is using normative legal research with a conceptual approach and a statute approach. The result of this study is that there are pros and cons of the Tax Amnesty policy even though there are 4 (four) principles, namely the principle of legal certainty, the principle of justice (equity), the principle of utility, and the principle of national interest which have become guidelines and are considered to have violated the purpose of the Tax Amnesty policy or tax amnesty and the government's efforts to overcome this are by improving the tax bureaucracy. periodic tax evaluation, and transparency of money allocation or tax budget.
Legal Protection for Victims of Online Begging Exploitation Based on Circular Letter No. 2 of 2023 Ariij Salsabil Alamsyah; Devita Gloria Ardida; Raushani Nadzifa Yahya
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.45-57

Abstract

The rapid advancement of technology and globalization have notably influenced socio-economic dynamics in Indonesia where poverty persists despite broader access to digital information. A pressing concern emerging from this context is the phenomenon of online begging, predominantly conducted through platforms such as TikTok, where individuals or groups are begging for virtual gifts that can be monetised. This practice often preys upon at-risk groups, particularly children, the elderly, and individuals with disabilities, raising significant ethical and legal implications. This research uses a statute approach, conceptual approach, and case study methodology to critically discuss the legal protections available for victims of online begging in light of Circular Letter No. 2 of 2023. The findings suggest that online begging can be classified as a form of exploitation according to Law No.21 of 2007, thereby rendering the involved parties potentially culpable under Article 504 of the Penal Code. While the Circular Letter delineates preventive measures and guidelines for victim protection, the enforcement of these provisions is impeded by systemic issues, including pervasive poverty and inadequate educational opportunities. This research advocates for the establishment of a robust framework that integrates legal enforcement, public awareness campaigns, and socio-economic initiatives to address online begging effectively. Key recommendations include the formulation of enforceable policies, the enhancement of victim programs, and the tackling of underlying issues through education and poverty alleviation strategies.
Culture of Violence in Local Democracy: Legal Analysis of Bloody Conflicts in Village Head Elections in Bangkalan Achmad Hariri; Dedy Stansyah
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.11-25

Abstract

The village head election (pilkades) represents a form of local democracy that ideally provides rural communities the means to directly choose their leaders. However, in Bangkalan Regency, pilkades are frequently marred by political conflicts leading to violence and fatalities. This phenomenon presents serious challenges in law enforcement, healthy democratic practices, and the protection of human rights at the local level. This study aims to analyze the dynamics of violent culture within pilkades in Bangkalan and assess the effectiveness of existing regulations in preventing and addressing these conflicts. The socio-legal approach is applied, supported by case studies of violent incidents in pilkades. The discussion focuses on regulatory weaknesses governing pilkades, ineffective law enforcement by the police and judicial institutions, as well as the role of money politics and the lack of government officials' neutrality that exacerbates the situation. Furthermore, this research highlights the influence of local culture, which tends to legitimize violence in political rivalry. The findings reveal that the interaction between strong political influence, personalized campaigns, and local culture creates significant challenges in maintaining electoral integrity. Political actors often resort to intimidation and money politics, increasing the risk of violence. Local governments must collaborate with law enforcement agencies, educate the public, and implement consistent oversight and legal enforcement. In regions like Madura, a culture of violence and patronage intensifies conflicts. A culturally sensitive legal approach, monitoring of violent actors, and community empowerment are critical to fostering peaceful, fair, and democratic elections.
The Meaning of Immediate Phrase in Article 44 Section (1) UUJN JO. UUJN-P IN The Signing of The Minuta of Notary Deed Agung Iriantoro
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.1-10

Abstract

The purpose of this study is to determine the meaning of the expression instantly in Article 44 Paragraph (1) UUJN jo. UUJN-P while signing Notary minuta deed. This study will discuss the meaning of words immediately after the deed is read, the deed is signed by each appeared, witness, and notary as stipulated in Article 44 Paragraph (1) UUJN jo. UUJN-P in the implementation of the Notary position, as well as the validity of the Notary deed minuta that were not signed by the Notary in conjunction with the appearers and witnesses. This study determined when the appearers, witnesses, and notaries should sign the draft minuta deed, in order to determine the minuta’ legitimacy. This research employs a normative legal method. The findings of this study indicate that the legal norms set forth in Article 44 Paragraph (1) UUJN jo. UUJN-P should be implemented in accordance with and consistent with the legal norms set forth in Article 16 Paragraph (1) letter m UUJN-P, specifically the word immediately in Article 44 Paragraph (1) UUJN jo. UUJN-P must be read and interpreted to mean that it will be signed immediately following the Nota’s reading of the deed. If the draft Minuta of Notary Deed are not prepared in accordance with the legal norms referred to in Article 16 Paragraph (1) letter m UUJN-P, the Minuta Deed will have deficiencies (gebreken), which will serve as the basis for their invalidity (niet-rechtsgeldig).
Resolution of Land Disputes in Tourism Development in Bali With an Administrative Law Approach and Restorative Justice Based on Local Wisdom Nengah Sujana
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.66-72

Abstract

Land disputes in Bali in tourism development reflect multidimensional challenges involving legal, social, cultural and economic, especially related to tensions between customary rights of indigenous communities and formal regulations. This research analyzes dispute resolution through an administrative law approach and restorative justice based on local wisdom. Using the normative juridical method, research shows that although administrative law plays a strategic role in land management, its implementation is often hampered by transparency and maladministration. On the other hand, approach restorative justice, which prioritizes dialogue and deliberation, effectively creating agreements, supported by local values such as Tri Hita Karana. The case study in the Kuta Traditional Village emphasizes the importance of integrating formal law with local wisdom in mitigating conflict and ensuring justice for indigenous communities. The recommendation of this research is the harmonization of administrative law with customary law through regulations that are more sensitive to local values to strengthen the rights of indigenous peoples and support inclusive and sustainable tourism development.
Legal Protection for Children Who Repeat Criminal Acts Through Special Child Development Institution (LPKA) Ni Putu Ayu Mandalay Shasa Alba Chiara; Ni Made Jaya Senastri; Kade Richa Mulyawati
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.73-78

Abstract

Children are the next generation of the nation, currently many criminal acts are committed by children. Guidance for children who commit crimes is carried out in LPKA. One of the current problems is the high number of cases of perpetrators who are former child convicts. The purpose of this study is to analyze the legal regulations related to criminal acts committed by children according to the SPPA Law, as well as to analyze legal protection for children who repeat criminal acts in LPKA. Legal regulations for children are included in lex specialis derogat legi generali, based on the SPPA Law which emphasizes diversion efforts if the sentence is under seven years and is not a repetition. Guidance for those who repeat criminal acts is not differentiated from the guidance of children who are new. Children who conflict with the law undergo guidance at LPKA, such as education, personality development, and independence development.
Effectiveness of Risk-Based Business Licensing Supervision in Layer Chicken Farming Business in Buleleng Regency A. A. Istri Agung Sita Pratiwi; Ni Made Jaya Senastri; I Wayan Rideng
Jurnal Hukum Prasada Vol. 12 No. 1 (2025): 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.12.1.2025.79-89

Abstract

Law Number 6 of 2023 on Job Creation encourages ease of doing business through Risk-Based Business Licensing. Buleleng Regency is one of the regencies in Bali Province where the agricultural sector is quite developed. In this region, there are several business actors focusing on the laying hen farming business, which is dominated by micro-scale businesses. Micro-scale layer chicken farming in Buleleng Regency is classified as medium to low risk, with licensing consisting of NIB and Standard Certificate in the form of self-declaration. In micro businesses, the NIB has been integrated with environmental approval in the form of an Environmental Management and Monitoring Letter (SPPL). However, the automatic issuance of licenses through OSS without verification raises concerns about the implementation of environmental obligations in the SPPL. Given that Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia affirms that everyone has the right to a good and healthy environment, the fulfillment of environmental commitments is an aspect that cannot be ignored. This research aims to analyze the effectiveness of business licensing supervision in layer chicken farming businesses in Buleleng Regency. Using a juridical-empirical approach, it is found that weak supervision contributes to violations of environmental commitments and potential pollution. Therefore, it is necessary to strengthen the supervision mechanism and increase the legal awareness of business actors to improve the effectiveness of supervision.
Effectiveness and Challenges of Restorative Justice in Resolving Domestic Violence Cases: An Empirical Study at the Batam City Prosecutor’s Office Siti Aisyah; Ampuan Situmeang; Hari Sutra Disemadi
Jurnal Hukum Prasada Vol. 12 No. 2 (2025): 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.12.2.2025.132-148

Abstract

Domestic violence remains a pervasive social and legal issue in Indonesia, particularly in Batam City, despite existing legal frameworks. This study aims to analyze the effectiveness of resolving domestic violence cases through restorative justice at the Batam City Prosecutor’s Office and to identify factors influencing its implementation. Employing an empirical legal research method with a juridical-sociological approach, data were collected through interviews, observations, and document analysis. The results reveal that while restorative justice provides a humane and efficient alternative to conventional prosecution—prioritizing victim recovery, offender accountability, and the restoration of social harmony—its application faces challenges. These include limited regulatory authority, punitive mindsets among law enforcement, and low public awareness. However, supporting factors such as an established legal basis, positive prosecutorial attitudes, and community involvement contribute to its success. The study concludes that restorative justice is a viable, progressive approach to addressing domestic violence cases. Sustainable implementation requires regulatory refinement, professional training, and cultural shifts toward restorative principles.
Juridical Analysis of Non-Compliance and Implications with South Kalimantan Regional Regulation on Mining Activities Brigitta Kezia Eijileen; Katya Aiko Kusuma; Kesya Chantall Alisya Deru
Jurnal Hukum Prasada Vol. 12 No. 2 (2025): 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.12.2.2025.116-125

Abstract

In accordance with the law of regional regulations of Kalimantan Selatan number 5 year 2019 that caused a deep legal impact in regard to the legality of operation of mining in the regulated area. Practice such as mining without permit (PETI), forgery of permit, violation of the environment and/or land grabbing outside of the claim reflects the structural weakness in law enforcement and governance. This issue can cause legal uncertainty and credibility of the framework of regional regulations. Further violations in a broader sense also have a direct impact on the trust of investors in the local sector because of its legal uncertainty, unhealthy business competition and risk of environment and social aspect. Investors will think twice and hesitate on investing even if South Kalimantan is rich in mineral and mining sources, due to the weak law enforcement, risk, reputation and future potential conflict regarding areas and permit. As investors prefer a legal certainty to protect their rights, fair competition and predictable jurisdictions. If there is no thorough reformation, healthier institution coordination and improved enforcement mechanism, South Kalimantan will have a chance of economic and ecological setback in a long period of time that can weaken the appeal of the mining industry.

Page 14 of 16 | Total Record : 157

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