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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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Normative and Cultural Approach in Strengthening the Integrity of the KPK as an Independent Institution Riska Dwi Romina; Aan Fardani Ubaidillah
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.12.2.2025.104-115

Abstract

This study explores the normative and cultural approaches in strengthening the integrity of the Corruption Eradication Commission (KPK) as an independent institution amid legislative and political dynamics. The normative dimension is examined through the lens of legal changes following the enactment of Law No. 19 of 2019, which significantly altered KPK’s institutional structure, authority, and operational independence. Simultaneously, the cultural approach is discussed in relation to the internal organizational values and ethical codes that shape KPK's work environment and commitment to anti-corruption. Employing a qualitative library research method, this article highlights how legal paradoxes and bureaucratic constraints have weakened KPK's independence, while underscoring the vital role of cultural reinforcement such as ethical leadership, value internalization, and anti-corruption education in maintaining public trust and institutional effectiveness. The findings affirm that the synergy between a strong normative foundation and a resilient organizational culture is essential for upholding KPK’s legitimacy and performance as a guardian of integrity in Indonesia’s governance system.
Restorative Justice as an Instrument for Implementing the Principle of Dominus Litis in Resolving Narcotics Cases: A New Paradigm for Humanistic Prosecution Mulyadi Alrianto Tajuddin
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.12.2.2025.161-170

Abstract

This article examines the integration of the dominus litis principle with the restorative justice approach in the prosecution of narcotics cases in Indonesia. The study highlights the persistent reliance on retributive justice, resulting in overcrowded prisons and limited rehabilitation for drug users. Using a normative juridical method with statutory and conceptual approaches, this research analyzes relevant legal frameworks including the Narcotics Law and prosecutorial regulations. Findings show that although restorative justice has normative support through legislation and prosecutorial guidelines, its implementation remains limited due to institutional inertia, lack of technical provisions, and weak prosecutorial discretion. The dominus litis principle, which grants public prosecutors authority over case management, is underutilized as a tool to shift from punitive to rehabilitative approaches. The article proposes a humanistic prosecution model grounded in restorative values and structured prosecutorial discretion. This model emphasizes selective case processing, interdisciplinary assessments, and integrated institutional cooperation. It aims to transform drug case handling from a punitive paradigm to a rehabilitative and socially responsive justice framework. The study recommends the issuance of technical guidelines by the Attorney General to facilitate this shift and enhance prosecutorial legitimacy. This research contributes to the discourse on progressive criminal law reform by offering a normative foundation for sustainable and ethical prosecution policies in narcotics cases.
The Impact of the Personal Data Protection Law on Digital Marketing Strategies in Banking Companies Ni Nyoman Muryatini; Ni Wayan Cahya Ayu Pratami; I Gusti Ngurah Gede Gitayogi Irhandi
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.12.2.2025.171-177

Abstract

The banking industry went through a rapid digital transformation. The widespread use of digital technology in marketing also presents new challenges related to personal data protection. Banking companies will need to adjust their marketing strategies to be effective but also adhere to data-protection regulations. Personal data protection laws can be a challenge to companies, but they also open opportunities to build customer trust through strong privacy practices. The method used in the study was empirical juridical by using a qualitative approach that produced analytical data based on observation, and questionnaire's analysis. The purpose of this study is to observe firsthand the facts in the field of how law is applied in society. According to research, the personal data protection law (UUPDP) significantly transformed the landscape of digital marketing strategies for Indonesian banking companies. While it presents challenges in compliance, agreement management, and risk penalties, the UUPDP also opens up opportunities to build stronger trust, encourage innovation in marketing approaches, and improve overall data governance. Ironically, after the UUPDP has been legalized for more than two years, the formation of the private data protection agency has yet to be realized, resulting in the realization of the rights of the data subject as well as in law enforcement. It is incompatible with the spirit of the constitution and the UUPDP to ensure the fulfillment of the rights of data subjects as part of human rights. For legal certainty and ensuring the fulfillment of the rights of data subjects (customers), the government must immediately enforce the UUPDP regulation as one that regulates the technical matter.
Notary Staff Liability for Forgery of the Signature of the Deed of Power of Attorney to Sell Cestri Enggardini Budiarti; Jadmiko Anom Husodo; S. Sulistyanta
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.12.2.2025.126-131

Abstract

A notary staff member was found to have participated in the criminal act of forgery of signatures together with the notary public on 4 Deeds of Power of Attorney to Sell. As a result, the owner of the Certificate of Ownership suffered losses. The problem in the decision focuses on the judge's decision to sentence only the notary public to a prison sentence of 1 year and 6 months and has become legally binding while the notary staff member is free from all legal charges. In fact, both the notary public and his staff were involved in the criminal act of forgery of authentic deeds. The difference in responsibility between the notary public and his staff is something that needs to be studied in relation to the implementation of the law regarding the crime of forgery of authentic deeds because the notary staff has fulfilled the requirements to be involved in the crime of forgery of deeds as regulated in the Criminal Code. Therefore, the purpose of this article is to discuss the actions of the notary staff member which constitutes a violation of the law by participating in the crime of forgery of authentic deeds. This research was conducted using normative legal research conducted through a review of literature sources. The approach applied to discuss the problems in this research is through a case approach. The method of collecting materials was carried out through library research. Data was then obtained from primary and secondary legal materials. The obtained materials were then analyzed using a qualitative analysis approach.
Legal Perspective on Compensation From The Impact of Environmental Pollution Through Industrial Activities Cholilah Hanum; Rizkan Zulyadi; Wenggedes Frensh
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.12.2.2025.187-194

Abstract

This study examines the legal mechanism of compensation for environmental pollution caused by industrial activities, focusing on the analysis of the provisions in Law No. 32 of 2009 concerning Environmental Protection and Management. The main issues discussed include: the legal consequences of environmental pollution, the legal accountability process by industry players, and the role of local governments, especially the Mandailing Natal Regency Environmental Office, in prevention efforts. The research method used is normative juridical with a conceptual and legislative approach. The results of the study show that environmental pollution results in legal sanctions in the form of administrative, criminal, and civil sanctions. In addition, the principle of absolute responsibility places industry players as parties who are obliged to compensate for losses caused, both material and immaterial. The study also highlights that the legal remedies available to pollution victims are often limited by limited access to justice, inadequate legal awareness, and bureaucratic inefficiencies. In addition, weak enforcement by environmental authorities often undermines the deterrent effect of existing regulations. Therefore, this study recommends strengthening the monitoring and law enforcement system as a preventive and repressive measure in overcoming environmental pollution. Increasing public participation, improving environmental dispute resolution mechanisms, and increasing the capacity of local government agencies is essential to ensure environmental justice and the realization of compensation rights for affected communities.
Implementation of Detailed Spatial Planning in Business Licensing in The Singaraja Urban Area Desak Komang Sri Adnyani; I Wayan Rideng; Ni Komang Arini Styawati
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.12.2.2025.90-103

Abstract

This study analyzes the implementation of a detailed spatial plan integrated with the business licensing system in the urban area of Singaraja, which is now run through the Online Single Submission Risk Based Approach (OSS RBA) system. The purpose of this study is to analyze the mechanism for implementing business licensing and examine the legal consequences for business actors who do not comply with the provisions of the RDTR. The method used is empirical legal research with a legislative, sociological, and analytical approach. Data were obtained through interviews, observations, and document studies at the Investment and One-Stop Integrated Service Office, the Public Works and Spatial Planning Office of Buleleng Regency and several business actors in the urban area of Singaraja. The results of the study show that normatively and administratively, the implementation of Buleleng Regent Regulation Number 5 of 2021 has increased licensing efficiency and service transparency. However, its implementation has not been fully effective, as seen from the ongoing violations of the RDTR, weak law enforcement, and incomplete integration of the RDTR with the KBLI in the Online Single Submission Risk Based Approach (OSS RBA). Violations of the provisions of the RDTR can result in legal consequences in the form of administrative sanctions. However, the sanctions have not been implemented effectively because they are still under review.
Regulation of Modern Stores Business Licensing after the Implementation of the Online Single Submission (OSS RBA) System in Buleleng Regency I Nyoman Farry Indra Prawira; Ni Komang Arini Styawati
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.12.2.2025.149-160

Abstract

This research focuses on the regulation of modern stores business licensing after the implementation of the Online Single Submission Risk-Based Approach (OSS RBA) system, particularly concerning the minimum distance requirements between modern stores and traditional markets as stipulated in Peraturan Daerah No. 10 Year 2013 about the Structuring, Development, and Protection of Traditional Markets, Shopping Centers, and Modern Stores in Buleleng Regency. There are cases where modern retail stores have violated the distance provisions despite having obtained a Business Identification Number.  This study employs empirical legal research methods with a juridical analysis approach, supported by primary data obtained through interviews, which are then qualitatively analyzed and linked to legal theories, literature, and applicable laws and regulations. The regulation of business licensing for modern retail stores following the implementation of the OSS RBA system is governed by Peraturan Pemerintah No. 5 Year 2021 concerning the Implementation of Risk-Based Business Licensing. Specifically, the structuring of traditional markets, shopping centers, and modern retail stores in Buleleng Regency is regulated under Peraturan Daerah No. 10 Year 2013. The implementation of the OSS RBA system has not accommodated the minimum distance provisions between modern retail stores and traditional markets, resulting in legal violations.
Ius Constituendum of Regulating Trading in Influence as a Form of Corruption Offense in Indonesia I Wayan Satria Pratama Bayu Negara; Annisa Virgi Azzahra
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): 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.13.1.2026.1-8

Abstract

Corruption offense is an extraordinary crime that requires special handling. The modus operandi of corruption offenses always vary, and even several other forms of corruption offenses have been regulated under UNCAC, one of which is Trading in Influence. Nevertheless, Indonesia has not yet adopted Trading in Influence as a corruption offense in its positive law. This study is a legal research type that uses statutory, conceptual, and comparative approaches. The legal sources employed include primary, secondary, and tertiary legal materials, which were inventoried and then analyzed using a descriptive-analytical method. The study aims to determine the urgency of regulating trading in influence in Indonesia and to compare the regulation of trading in influence among Indonesia, France, and Spain. The results show that, in its characteristics, trading in Influence meets the elements of a corruption offense because it involves the use of influence by an individual or a corporation toward a state administrator to obtain a benefit. The absence of explicit rules on trading in influence in the Indonesian Law on the Prevention of Corruption (UU PTPK) creates a legal gap that is exploited by corrupt actors. Indonesia has not adopted trading in influence in its positive law. Unlike countries such as France and Spain, which have clearly regulated this offense in their Penal Codes by distinguishing between active and passive actors, Indonesia needs to promptly regulate the trade of influence (Trading in Influence) as a corruption offense to close the legal gap and strengthen anti-corruption efforts.
Criminal Responsibility for Consumer Protection for Perpetrators of Illegal Cosmetics Crime in North Sumatra (Case Study Number: 3405/Pid.Sus/2018/Pn.Mdn) Marudut Hasiholan Gultom; M. Maswandi; Rizkan Zulyadi
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): 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.13.1.2026.9-16

Abstract

Criminal liability is a legal obligation imposed on a person for a criminal act he or she commits, which is based on the existence of fault (intentionality or negligence) and the ability to be legally responsible. In English, namely criminal responbility, the Greek word cosmetics means the skill of decorating. In the Great Indonesian dictionary, it is related to beauty. Criminal responsibility has a community relationship as a social control so that they do not commit criminal acts. In this issue, the author includes a formulation of the problem of how to regulate criminal liability for perpetrators of illegal cosmetics crimes in Indonesia. The research was conducted to find out the actions of the perpetrators of distributing cosmetics without a distribution permit. Based on the above explanation, the author draws the conclusion that cosmetics is that certain substances are used to make up and have an effect on the appearance of normative laws by researching literature materials, cosmetics are a basic need, especially women, it is not surprising that the demand for cosmetic products is increasing and variing. Criminal law regulations for perpetrators of the act of distributing cosmetics without a distribution permit are regulated in Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection Article 62 paragraph (1) and Law Number 36 of 2009 concerning health. Criminal liability for the perpetrators of the act of distributing cosmetics without a distribution permit is appropriate because it meets subjective elements.
Legal Politics of Spatial Utilization for Residential Areas in the Regional Spatial Plan Regulation of Bima City (2021-2024) M. Mustamin; Taufik Firmanto
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): 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.13.1.2026.17-27

Abstract

This study aims to examine the extent to which the regulation of residential areas and the enforcement of spatial utilization laws are implemented under the Bima City Regional Spatial Plan (RTRW) for the period 2021–2024, to identify obstacles in its implementation, and to formulate more effective spatial planning policy recommendations. The main issue addressed in this research concerns the inconsistency between actual land use and the spatial designation stipulated in the RTRW, as well as the weak enforcement of spatial planning regulations in residential areas. This study employs a qualitative approach with a descriptive-analytical design. Data sources consist of primary legal materials in the form of regional regulations governing the Bima City RTRW and other related legislation, as well as secondary legal materials derived from scholarly literature and relevant policy documents. Data were analyzed using qualitative methods through normative interpretation of legal provisions and their implementation in practice. Although regulatory frameworks exist, enforcement of residential spatial utilization remains ineffective. The main obstacles identified include weak supervisory mechanisms, limited institutional capacity, low public awareness and understanding of spatial planning regulations, and the influence of political factors in the law enforcement process. This study recommends enhancing public dissemination of the RTRW, strengthening the capacity and coordination of law enforcement authorities, and applying firm and consistent sanctions for spatial planning violations. It underscores the importance of strengthening spatial planning legal politics to balance residential development and sustainable urban management in Bima City.

Page 15 of 16 | Total Record : 157

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