Jurnal Hukum Prasada
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.
Articles
128 Documents
<![CDATA[Cooperative Law Policy: Historical Study Of Cooperative Settings In Indonesia ]]>
<![CDATA[Cinantya Kumaratih]]>;
<![CDATA[Tulus Sartono]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.34-44
<![CDATA[The existence of cooperatives has an important meaning for the welfare state of Indonesia. As a nation that was colonized for a long time, cooperatives as one of the implementations of a people's economy became a systematic effort to correct the economic structure of a colonial style. In this study examines the legal policies of cooperative arrangements from various eras in Indonesia. This research is normative legal research with secondary data. This research shows that the existence and development of cooperatives experience ups and downs in their legal policies. The colonial period of cooperative arrangements merely regulates cooperatives in existence and makes cooperatives one of the business actors. During the independence period, the aim of cooperatives was as a people's economic movement which was expected to be able to equalize welfare. Unfortunately, cooperatives in the old and new order regimes were used as political tools to perpetuate government power. During the reform period, the regulation of cooperatives was getting worse because it made cooperatives like companies pursuing mere profits.]]>
<![CDATA[From Youth for 74 Years of Independence of the Republic of Indonesia (Masohi Militancy: Youth Efforts to Eradicate Radicalism And Terrorism) ]]>
<![CDATA[Marthsian Yeksi Anakotta]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Kholis Roisah]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.53-60
<![CDATA[Youth is an important figure of the national movement because youth are the pillars of national development and the future State of Indonesia. However, one of the problems facing Indonesia today is the involvement of youth in radicalism and terrorism. Answering this problem, this research uses normative juridical research methods with a statutory and conceptual approach. This research shows the need for the role and responsibility of youth in tackling radicalism and terrorism. The active role of youth is a reflection of moral strength, social control and agents of change in the development of the nation and the State of Indonesia, while the responsibility of youth can be carried out with masohi militancy efforts. Masohi militancy is a youth attitude that reflects resilience, enthusiasm and passion to cooperate with each other in tackling radicalism and terrorism in Indonesia which is realized through “Panca-P” namely Pembangunan kepemudaan, Pelayanan kepemudaan, Penyadaran pemuda, Pemberdayaan pemuda and Pengembangan pemuda (Youth Development, Youth Services, Youth Awareness, Youth Empowerment, and Youth Development).]]>
<![CDATA[Strategy Of Illegal Technology Financial Management In Form Of Online Loans ]]>
<![CDATA[Raden Ani Eko Wahyuni]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.27-33
<![CDATA[The existence of technological development has an impact on aspects of people's economic life. The emergence of financial technology in the form of online loans makes it easy to get the desired funds in a short and easy process. This study aims to discuss the practice of illegal online lending from the perspective of business ethics. The research method used is Normative Juridical with descriptive analytical research specifications. In the practice of Financial Technology (fintech), namely online loans, several problems have been discovered, such as the emergence of illegal online loans, recorded from January 2018 to April 2019, the Financial Services Authority has blocked 947 types of fintech entities in the form of loans between unlicensed online parties. The existence of illegal financial technology can lead to criminal acts such as fraud, money laundering or misuse of consumer's data. This condition was triggered by many people who did not yet know about the technology financial business. Even for legal online loan services that already have risks, the illegal ones will certainly be more risky, and the last many reports from the public as victims of unethical debt collection by online loan service companies. This happens because of the lack of public knowledge about the legality of online loan service companies]]>
<![CDATA[Sharia Life Insurance: Legal Basis and Operational Systems ]]>
<![CDATA[Munawir Idris]]>;
<![CDATA[Darminto Hartono Paulus]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.45-52
<![CDATA[Islamic life insurance is a non-bank financial institution that is used by the Muslim community as a medium in anticipating risks that might arise in the future. So that people make insurance, especially sharia life insurance as an alternative in dealing with future risks related to one's life. This study aims to determine the legal basis for sharia life insurance and its operating system as a forum for information for Muslim communities in Indonesia. In this study, the author uses the doctrinal research method in which the approach used is the regulatory approach (Islamic law) and the conceptual approach. This research prioritizes secondary data in its management such as primary legal materials, secondary legal materials, and tertiary legal materials. This study shows the origin of Islamic insurance is derived from the traditions of the Arab community at the time of the Prophet Muhammad, called Akilah. If someone dies (killed) by someone, then the family of the murderer is obliged to pay blood money (diyat) to the heirs of the victim. The blood money was collected from murderous families and then handed over to the heirs of the victims. This tradition later developed into Islamic insurance known today. Sharia insurance operational system is to use two contracts, namely Tabarru contract and mudharabah contract. With the existence of these two contracts, the elements of gharar, maysir and riba can be removed.]]>
<![CDATA[The Function of Legal Research in Formulation of Legislation ]]>
<![CDATA[Victoria Tabita Majesty Lamada]]>;
<![CDATA[Tetania Retno Gumilang]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.61-65
<![CDATA[The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.]]>
<![CDATA[Optimizing the Security of the Indonesian State through Strengthening International Cooperation between Indonesia and Malaysia in the Land Border ]]>
<![CDATA[Edward Yohanes Yohanes Partoga]]>;
<![CDATA[Joko Setiyono]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 1 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.1.2020.1-7
<![CDATA[Indonesia is an island nation consisting of land and sea areas. The constitutional foundation of Indonesia has regulated that the Unitary State of the Republic of Indonesia is an archipelagic nation characterized by an archipelago with territories whose boundaries and rights are determined by law. This is as regulated in Article 25 (A) of the 1945 Constitution of the Republic of Indonesia. The purpose of this research is the application of international cooperation between Indonesia and Malaysia in the land border area and the driving and inhibiting factors for international cooperation between Indonesia and Malaysia in the land border area. . The approach method used in this study is the Legal Research approach method. Implementation of International Cooperation between Indonesia and Malaysia in the Border Area, The application of international cooperation between Indonesia and Malaysia proves that there is an international interaction as a country that is close together in terms of geographical location. Drivers of factors and obstacles to international cooperation between Indonesia and Malaysia in the border of land areas. The role of the central, provincial and district / city government in developing border areas needs to be done appropriately and emphasizes three main points, namely: Regulators, Executors and Government facilitators as regulators are obliged to encourage structuring the rules that exist in the development and utilization of border areas in the decision making effort. Conclusion The application of the agreement made between Indonesia and Malaysia is a strategic step for the two countries to mutually reinforce sovereignty in the country's security efforts]]>
<![CDATA[Criminal Sanctions against Taxpayer Who are Negligent to Register Land and Building Taxes ]]>
<![CDATA[Made Putri Pradnya Parahita]]>;
<![CDATA[Simon Nahak]]>;
<![CDATA[I Ketut Widia]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.2.2020.73-78
<![CDATA[One of the most common problems related to land and building tax is where there are citizens who are aware of their obligation to pay taxes by registering their objects, but due to certain circumstances, the taxpayer does not register the tax object he owns. This study aims to find out the regulation of criminal sanctions against taxpayers who do not register land and building tax and to find out the criminal liability of taxpayers who do not register the object of land and building tax. This study uses normative research that starts with an indication of the obscurity of legal norms. The results of this study showed that the provision of sanctions is needed as a form of the last effort to realize the certainty of tax activities going well. Sanctions given can be in the form of administrative sanctions in the form of fines to criminal sanctions in the form of prison or confinement, which can be imposed on taxpayers and related officials. Criminal liability in the field of taxation arises when each taxpayer is indicated to have committed a tax crime. The intended taxpayer is an individual taxpayer or legal entity or corporation. Likewise, it has been regulated that starting from the taxpayer, tax officials/employees, to third parties have their respective criminal liabilities. The legal basis is Law Number 28 of 2007 concerning General Provisions and Tax Procedures. The advice given is the need for strict rules regarding criminal sanctions against land and building tax registration.]]>
<![CDATA[The Position of Crime Resolution Institutions in Indigenous Peoples in the Identity Politics Perspective ]]>
<![CDATA[Blasius Mau Kau]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Y Yusriadi]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.2.2020.79-84
<![CDATA[One of the demands is to disregard modern justice institutions and utilize customary law as a means to achieve justice for those involved in a criminal offense. But on the other hand, the settlement of the case with customary law turned out to still cause injustice to the victim, and even gave birth to new crimes arising as a result of coercion carried out by the customary leaders of both parties acting as judges. This study discussed about the position of crime resolution institutions in indigenous peoples in the perspective of identity politics and the reassessing the position of crime resolution institutions in indigenous peoples, certainly cannot be separated from the recognition of identity with all the structures and positions of indigenous peoples themselves. This study was designed by using normative legal research approach. The results show that efforts to reassess the position of crime resolution institutions in indigenous peoples, of course, cannot be separated from the recognition of identity with all the structures and positions of indigenous peoples themselves. However, the dominance arising from the resolution of indigenous peoples' crimes is still determined by cultures that are patriarchal, rigid and as if forced from above so as to ignore dialogue both from perpetrators and victims, so that the measure used is the perspective of tribal leaders. However, domination is believed to restore order, order and harmony, but there is one neglected value of ethical legitimacy, namely justice. Therefore, the resolution of crimes against indigenous peoples does not all distribute justice to all parties.]]>
<![CDATA[Prevention of Miscarriage of Justice in the Implementation of Judges’ Tasks ]]>
<![CDATA[Tetania Retno Gumilang]]>;
<![CDATA[Victoria Tabita Majesty Lamada]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.2.2020.91-95
<![CDATA[Work by relying on conscience, to decide whether someone is guilty or not. The judge profession is one of the noble professions. The judge determines a person's actions. Judges are called noble, clearly addressing this profession has a higher degree. In convicting a criminal, besides at least two valid evidence, a judge's conviction is needed. The judge is called the representative of God on earth. However, judges are still ordinary people who are not free from mistakes. Miscarriage of justice happens a lot in the decisions they make. This study examines the prevention of miscarriage of justice in the implementation of judges’ tasks. This research is designed by using normative-juridical method, which is an approach that uses a positivist-juridical conception, namely that law is identical with written norms created by the authorities, so far the law is made as a normative system that is autonomous closed and independent of people's lives. The results show that Justice is something aspired by the people of Indonesia. Judges are the most important element in realizing justice that is highly aspired. Judges as representatives of God who hold to the "For the sake of justice based on the Almighty God" develop a difficult task. Many miscarriage of justice occurs in the community. Judges as a profession that has a higher degree must hold on to professional ethics to avoid miscarriage of justice.]]>
<![CDATA[Revealing the Legal Protection of Patients Social Security Administration Agency of Health in Sanglah and Balimed Hospitals Denpasar ]]>
<![CDATA[RA Tuty Kuswardhani]]>;
<![CDATA[I Nyoman Budiana]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.7.2.2020.102-110
<![CDATA[Social Security Administration Agency of Health has a National National Health Insurance formulary, but in reality patients do not get drugs according to the National Health Insurance National Formulary. Therefore, the aims of this study are to determine the legal protection of patients of the Social Security Administration Agency of Health for the elderly in curative therapy in hospitals according to the national formulary of National Health Insurance at Sanglah Hospital and Balimed Hospital, and to know the responsibilities undertaken by the Social Security Administration Agency of Health in fulfilling its obligations for patients the Agency for the Implementation of the Social Health Insurance of the elderly in curative therapy in accordance with the national formulary of the National Health Insurance. This study uses a participatory observational (empirical-observational) empirical legal research method. Sampling with purposive sampling and data collection techniques using triangulation techniques. In principle, legal protection must refer to legal certainty, fairness and benefits for the population participating in the Social Security Administration Agency of Health for the elderly so that it is not impressed that Balimed Hospital and Sanglah General Hospital and the Social Security Administration Agency of Health make a service to consumers who are not good. The legal responsibility that should be obtained by the participants of the Social Security Administration Agency of Health for the elderly in Balimed Hospital and Sanglah Hospital Denpasar which is currently not maximally received by patients participating in the Social Security Administration Agency of Health for the elderly at Balimed Hospital and Sanglah Hospital.]]>
