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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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LEGAL POLITIC OF THE FORMATION OF INDONESIAN NATIONAL CRIMINAL CODE (KUHP) Simon Nahak
Jurnal Hukum Prasada Vol. 5 No. 1 (2018): 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.5.1.2018.40-46

Abstract

Abstract Legal politic is a policy of legislation through the stages of formulation/formulation that is the drafting of a regulation both the rules in general and the special rules of criminal by the legislator in this case the legislator with the Government. The errors or weaknesses of the legislative policy are part of a strategic error that can be an obstacle to prevention and crime prevention at the Judicative and Execution stage. The political formation of the future Penal Code does not only deal with the substance of law, the legal structure but rather focuses on the legal culture based on Pancasila as the basis of the State. Renewal of criminal law is more directed to actions in the form of a series of prohibited acts, criminal/false responsibility and punishment system. The method used is mix method consisting of Juridical-Normative legal writing method and collaboration of Juridical-Empirical. The results of this study are the politics of the formation of the National Criminal Code, referring to the Neo-Classical School thought that maintains a balance between the objective (Actus Reus) and Subjective (person/soul/mind/Mens rea) and actually the form of Political law is Unification and codification of law, Supremacy of law, Renewal of national law, Eliminating legal dualism, Increasing legal awareness and legal culture, Firm enforcement is firm, consistent, and non-discriminatory. Keywords: Legal Politic, KUHP, Constitution of the State of the Republic of Indonesia of 1945
AUTHORITY OF BALI PROVINCIAL GOVERNMENT IN THE COLLECTION OF SURFACE WATER TAX IN BALI PROVINCE Dewa Ayu Sri Susilawati
Jurnal Hukum Prasada Vol. 5 No. 1 (2018): 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.5.1.2018.47-53

Abstract

Abstract Bali Province as an autonomous region is given authority to conduct all government affairs, which is basically a task of government, development and public service which in its implementation requires financing originating from local taxes. Local Taxes have been submitted to the regions under the guidance of Law Number 28 of 2009 on Regional Tax and Levy. One of the local taxes already managed by the Bali Provincial Government is the Surface Water Tax. The formulations of this research problem is 1) How is the implementation of authority of Bali Provincial Government in Surface Water Tax Collection in Bali Province? 2) How is the implementation of Bali Province Regional Regulation No. 1 of 2011 jo Bali Province Regional Regulation No. 1 of 2015 on Regional Tax?. The Results of this research indicate that: 1) Implementation of authority of Bali Provincial Government in Surface Water Taxation is in accordance with the prevailing laws and regulations, because Law Number 28 of 2009 on Regional Tax and Levy has been followed up with the stipulation of Bali Provincial Regulation Number 1 in 2015, with further elaboration in the Bali Governor's Regulation Number 40 of 2011 on Technical Guidance of Implementation of Provincial Regulation No. 1 of 2011 and Decision of the Head of Bali Province Revenue Service No. 973/5651/DISPENDA on Technical Guidance on the Implementation of Motor Vehicle Tax Collection, Transfer of Motor Vehicle Title, and Surface Water Tax; (2) Implementation of Regional Regulation of Bali Province Number 1 of 2015 Concerning Amendment to Provincial Regulation Bali Number 1 of 2011 Concerning Regional Taxes (especially Surface Water Tax) has not been effective. Keywords: Local Tax Collection, Surface Water Tax,
LEGAL EFFORTS TO INTEREST IN LAND FOR INDONESIAN CITIZENS THE NOMINEE AS ​​TAXPAYERS I Ketut Dody Arta Kariawan; Simon Nahak; I Nyoman Alit Supadma
Jurnal Hukum Prasada Vol. 5 No. 1 (2018): 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.5.1.2018.54-62

Abstract

Abstract Indonesian citizen is included as a taxpayer. In relation to the nominee agreement, the land of the guarantee object is included in the assets obtained from the government's tax amnesty program. In this paper, the purpose of the analysis is to know and examine how the legal consequences for Indonesia citizens who become nominee on the interest in land with the tax amnesty program and how the legal efforts that can be done by the citizen if the foreigners violate the nominee agreement related to the payment of tax on the rights soil. Type of research used in this paper is normative law research. The results of this study indicate that (1) the legal consequences for Indonesian citizens who become nominee to the right to land with the existence of tax amnesty program that is criminal law, civil law and criminal law of taxation. (2) legal protection to the holder of the land title certificate as a legal remedy which can be done by the citizen if the foreigner violates the nominee agreement related to the payment of tax on the right of land is able to take a non-litigation path through mediation. If the settlement cannot be conducted through mediation, it can be done through a court of law with the judicial discovery made by the judge in resolving the dispute. Keywords: Efforts, Indonesia Citizens, Nominee, Tax amnesty
FOREIGN INVESTMENT REGULATION IN THE FIELD OF TOURISM ACCOMMODATION SERVICES IN BADUNG REGENCY I Putu Harry Suandana Putra
Jurnal Hukum Prasada Vol. 5 No. 1 (2018): 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.5.1.2018.63-74

Abstract

Abstract The development of the tourism industry in Badung regency is interesting to foreign investors to invest in Badung regency, especially in the area of ​​tourism accommodation services. What are the local government authorities of Badung Regency in granting approval and permission of foreign investment in tourism accommodation? How is the regulation of foreign investment in tourism accommodation services in Badung regency? The type of research used in this study was normative legal research. The results showed (1) the authority of the local government of Badung regency related to the granting of foreign investment permit in the tourism accommodation can be seen from the provision of Article 19 of Badung Regulation No. 2 of 2012 which generally states that the local government of Badung regency is entitled to regulate tourism activities in the region; (2) The arrangement of foreign investment in tourism accommodation services in Badung Regency has not been accommodated in a more specific way through the regulation of Badung Regency. The absence of the specification of this rule would also affect the legal security and legal protection for foreign investors for their investment in tourism accommodation in the area. Keywords: accommodation, tourism, foreign investor, Badung
Legal Consequences for Children Born from Surrogacy Contracts Ida Bagus Abhimantara
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.75-82

Abstract

Abstract Technological advance in medical field, especially concerning non-natural pregnancy, such as surrogacy that is present as a solution for couples experiencing infertility as outlined in contract can certainly have legal consequences. This study addresses legal consequences of a child born from surrogacy contract. Research method used in this paper is doctrinal legal research. The legal consequences of children born from surrogate mothers’ agreement lie in the legal standing for them and the right of inheritance they own. Reviewed from Indonesian legislation, a child born from surrogacy contract is a legal child of the surrogate mother and is not a legal child of his biological parents; in the case of inheritance rights, if a child is categorized as a legal child, he/she may inherit the full property of the surrogate mother and her husband, whereas if the child is classified as a child outside of marriage, she/he has only a cognate relationship with the mother who gave him/her birth. Keywords: inheriting rights; legal consequences; legal status; surrogacy contract
Legal Protection for Suspect on Sexual Harassment Against Children With Disabilities at The Examination Stage Putu Edy Sukaryawan; Simon Nahak; I Ketut Widia
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.83-89

Abstract

Abstract Sexual malpractice against children with disabilities in recent years is an increasing trend in quality and quantity throughout Indonesia. In that case, there is a growing issue in the community. It is that legal protection for suspects of the cases of sexual harassment against children with disabilities at the stage of examination is not optimal. This study seeks to address the issue in question by revealing the procedures of providing legal aid to perpetrators of sexual harassment against children with disabilities at the examination stage and to the impacts of such legal protection. The type of research used in the study is empirical law research. The results of data analysis indicate that: 1) procedures of providing legal aid in the form of protection to perpetrators of sexual harassment against children with disabilities are adjusted according to the provisions contained in the Criminal Procedure Code; 2) the impact of legal protection toward such perpetrators against sexual harassment is that the number of crimes decreases. Keywords: Children With Disabilities; Legal Protection; Sexual Harrasment.
Effectiveness of Legal Protection on Employees/Labours in a Fixed-Term Employment Contract in Golden Tulip Bay View Hotel & Convention-Bali Ririh Wijayanti
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.90-99

Abstract

Abstract In every company, work agreement (contract) initiates an employment relationship between employees/labours and employers. The working relationship at Golden Tulip Bay View Hotel & Convention-Bali is realized in the form of Fixed-Term Employment Contract (PKWT) which in its implementation is not in accordance with the provisions of Law Number 13 of 2003 concerning Employment because it harms employes/labours. This study analyzes the effectiveness of legal protection for employees under PKWT at Golden Tulip Bay View Hotel & Convention-Bali. This study was conducted in empirical legal research design. The results of the study show that a number of irregularities occur in the implementation of PKWT rules since they do not comply with or are even not referred to Law Number 13 of 2003 concerning Employment. The obstacles faced in the implementation of legal protection for employees/labour under PKWT at Golden Tulip Bay View Hotel & Bali Convention are Juridical and Non-Juridical barriers. Therefore, legal protection for the employees under PKWT at Golden Tulip Bay View Hotel & Convention-Bali is not sufficient. Keywords: Employees/Labours; Legal Protection; PKWT
Corporate Criminal Liability in Criminal Acts on The Position in an Automotive Company Zulfita Zahra
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.100-110

Abstract

Abstract Corporate Criminal Liability concerns the issue of liability, intentionality or negligence of the Corporation. The cases of consumers’ money embezzlement occuring in Automotive Companies in Indonesia are frequently not submitted to court. Although there were some cases that had been submitted in court and had obtained permanent legal force, the trapped party was only the members or company’. Meanwhile, the company has never been charged. This is because the Indonesia Criminal Code does not recognize legal subjects in corporation. In contrast, Criminal Code only recognizes human as subject to criminal law (Article 59 of the Criminal Code). In addition, the absence of strict regulation regulation provided on Liability of Business Actors (Company/Corporation) against consumers’ losses as stipulated in Act No. 8 of 1999 concerning Consumer Protection (UUPK), specifically the losses from the legal action of employees of the company and senior company officers, is also a leading factor for the development of criminal acts in corporations. The element of examining corporate as the subject to criminal acts miscunduct is difficult to implement due to its non-human nature. However, if the corporation is not demanded to provide liability just because of the difficulty of proving perpetration, impunity to corporation will occur. Keywords: Criminal Act; Corporate Criminal Liability; Penal System
Penal Policy of Corporate Social Responsibility in the Government Regulation of the Republic of Indonesia Number 47 Of 2012 I Nyoman Dena Asa
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.111-120

Abstract

The Corporate Social Responsibility stipulated in Act number 40 of 2007 concerning Limited Liability Companies and its Sanctions is regulated in the government regulation of Republic of Indonesia no. 47 of 2012 concerning Social and Environmental Responsibility. This aspect of law is the concerned issues in the present study, and thus the study highlights: 1) the regulation of corporate social responsibility within the Government Regulation of the Republic of Indonesia no. 47 of 2012 on Social and Environmental Responsibility of limited liability companies; 2) the conceptualization of penal in the Government Regulation of the Republic of Indonesia no. 47 of 2012 on Social and Environmental Responsibility of limited liability companies. The type of research used in this study is normative legal research, wherein the study is focused on an inventory of positive law, legal principles and doctrines, legal findings in the cases of concreto, systematic law, level of legal synchronization, legal comparison, and legal history. The materials used are primary materials, secondary materials and tertiary materials, which are analyzed by descriptive technique, comparative technique, evaluative technique, argumentative technique, and interpretive technique. The results of the study show that the regulation of corporate social responsibility in the Government Regulation of Republic of Indonesia no. 47 of 2012 is not in accordance with the provisions of article 74 paragraph 3 concerning Sanctions for Corporate Social Responsibility as stipulated in the Government Regulation of the Republic of Indonesia number 47 of 2012 concerning social and environmental responsibilities. Other fact is, a concept or draft regarding more stringent and coercive sanctions, such as criminal law sanctions is firmly necessary for the sake of legal certainty provision for the people’s welfare.
The Abolishment of Fiduciary on the Object of Fiduciary in Denpasar City I Kadek Setiawan
Jurnal Hukum Prasada Vol. 5 No. 2 (2018): 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.5.2.2018.121-126

Abstract

This study examines the abolishment of fiduciary listed in Articles 16 and 17 of Government Regulation Number 21 of 2015 stating that objects registered with the Ministry of Law and Human Rights through online must be deleted. This is done to ensure a legal certainty for both the debtor and the creditor. The type of research used is empirical juridical research, and data used are primary data, secondary data and tertiary data. The results of data analysis show that the abolishment of fiduciary is carried out by only a part of debtors and creditors. As a result of not abolishing the fiduciary, the debtor cannot guarantee the goods or collateral objects as a fiduciary.

Page 3 of 16 | Total Record : 157

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