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[Legal Protection for Patient of Independent National Health Insurance’s Participant: Restriction on Hospitalization Upgrade ]]>
<![CDATA[I Nyoman Sudastra]]>;
<![CDATA[Mokhamad Khoirul Huda]]>;
<![CDATA[Asmuni]]>
<![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.7.2.2020.111-117
<![CDATA[The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.]]>
<![CDATA[The Urgency Mechanism of Industrial Relation’s Settlement to Support the Business Climate that Equitable for Workers ]]>
<![CDATA[Agisa Tri Handias]]>;
<![CDATA[Muhamad Azhar]]>
<![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.7.2.2020.66-72
<![CDATA[Indonesia has been developed in economical sector, especially in the employment section. Along with the times, there has occur and grown up and many problems about employment matter in which there many more employment relationship works without parity between the responsibility and the rights from the employer to the employee/ workers. As the consequence of the inclusion of business competition climate, it caused the businessman look for ways how to maximize the production output by reducing the costs. This circumstance has influenced the workers right becomes ruled out and then arises statement of workers to claim their pending rights. This study aims to find out the industrial relationship matter related to the business competition climate, and to find out the settlement mechanism of industrial relationship conflict based on regulation number 2 year of 2004 about settlement of industrial relationship matter. This study used juridical normative method. This juridical research is carried out towards references object. Moreover, this study applied primary, secondary, and tertiary legal material. The result of the study showed that the impact of employment matter was more complicated. That is why the labor problems should be seen as the industrial relation matter. This matter also comes as the consequence of Indonesia as the Welfare State where the State should take a part in every part of social life. This means that the State has important role to solve the problem of industrial relationship.]]>
<![CDATA[Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia ]]>
<![CDATA[Gede Angga Prawirayuda]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>
<![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.7.2.2020.96-101
<![CDATA[The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.]]>
<![CDATA[Formation of Indonesia's National Law System ]]>
<![CDATA[Ramadhani Puji Astutik]]>;
<![CDATA[Anita Trisiana]]>
<![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.7.2.2020.85-90
<![CDATA[The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.]]>
<![CDATA[Regulation of Land Lease Rights Period for Foreign Citizens in Indonesia ]]>
<![CDATA[Putu Rosa Paramitha Dewi]]>;
<![CDATA[I Nyoman Budiana]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.44-55
<![CDATA[Many foreigners have come and lived in Indonesia. This results in the increasing need for land and buildings for foreigners to be used as a residence. Foreigners are not allowed to have ownership rights over land in Indonesia, however, in this case, the law provides rights for foreigners to own land in Indonesia, but limited to Right of Use and Leaseholds for Buildings. This absence of UUPA has the potential to lead to smuggling of laws, because the lease period granted to foreign citizens is not limited so that foreign citizens can stay in Indonesia for a very long. If the land is fully controlled by foreign citizens or for a long period of time, it is feared that the people's welfare will decrease in the management of the land. Therefore, this study aims to analyze the legal of land right for foreign citizens in Indonesia and the regulation of the period of land lease right for foreign citizens in Indonesia. The type of research used is a normative juridical research through a statutory approach, a case approach, and a conceptual approach. A foreign legal entity wishing to have Building Use Rights (HGB) must fulfill two elements, namely that it is established according to Indonesian law and domiciled in Indonesia, must exist. Besides that, regulation for the period of land lease rights for foreigners have not been regulated in land-related regulations in Indonesia so that there is a vacuum of norms.]]>
<![CDATA[Review of Criminal Acts of Selling Forged Documents Through Facebook Social Media ]]>
<![CDATA[Ni Nyoman Muryatini]]>;
<![CDATA[Ni Wayan Cahya Ayu Pratami]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.37-43
<![CDATA[The utilisation of information, media and communication technologies has resulted in the changes in both the behavior of people and human civilization globally. Today information technology has become a double-edged sword, since, in addition to contributing to the improvement of human welfare, progress and civilization, it also constitutes an effective means of committing acts against the law. One of the negative impacts caused and is currently being rife is the emergence of persons who use Facebook to sell forged documents. This study aims to analyse the regulatory regarding the criminal acts of selling forged documents through social media (facebook) in indonesian positive Law. The method used in this study is a normative legal research method. this study was carried out through literature study. The approach used in this study is the statutory approach. In Article 1 paragraph (1) the Criminal Law Code can be viewed that the act of selling forged documents through Facebook cannot be convicted of a crime, because it is not regulated as a prohibited act in the law. However, the offenders can be convicted by referring to articles 263, 264 and 266 of the Criminal Code.]]>
<![CDATA[New Clause in Bank Credit Agreement in Relation to Consumer Protection Act (Study on PT. Bank Negara Indonesia, Tbk. Denpasar Branch) ]]>
<![CDATA[Komang Yustika Dewi Suryaningsih]]>;
<![CDATA[A.A.A. Ngr. Tini Rusmini Gorda]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.30-36
<![CDATA[Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection. The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.]]>
<![CDATA[Hospital Policy in Providing Medicines outside the Provisions of Permenkes No. 28/2014 to BPJS Participant Patients ]]>
<![CDATA[Joko Wahono]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.21-29
<![CDATA[This study analyzes criminal, civil and administrative legal responsibility for hospital policies in administering medicines outside the provisions of Permenkes Number 28 of 2014. This research is a normative legal research using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The document study is used to collect legal material. The legal materials in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The health service that is often provided by the hospital to the public is a form of health service that is carried out outside the provisions of the regulations that must be carried out in accordance with the prevailing laws and regulations. The results showed that the implementation of medicine services for BPJS participant patients at the hospital was not in accordance with the Minister of Health Regulation No. 28 of 2014, BPJS participant patients were prescribed medicines outside the National Defense Forces to buy medicines at outside pharmacies at their own expense. The hospital can be held responsible for criminal, civil and administrative law. Therefore, it is hoped that hospitals and health workers, especially doctors, in carrying out their duties and obligations must comply with the prevailing laws and regulations in order to avoid the risk of legal liability.]]>
<![CDATA[Evaluation of the Effectiveness and Efficiency of the Government Regulation Implementation Number 12 of 2019 ]]>
<![CDATA[Icuk Rangga Bawono]]>;
<![CDATA[Adhitia Pradana]]>;
<![CDATA[Apriani Kartika Rahayu]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.1-7
<![CDATA[The law should govern the dynamics of the nation and state life in an ideal country. For instance, Indonesia is a constitutional state that subjects to legal supervision based on the 1945 Constitution for state administration. Public policies are used as guidelines and references for actions, including financial management. However, regulations as the basis for regional financial management need to be adjusted to suit the dynamics in legal condition development and the community needs. Government Regulation Number 12 of 2019 is an improvement to Government Regulation Number 58 of 2005 on Regional Financial Management used as a reference in formulating regional financial management rules. This study examines the evaluation of the readiness to implement Government Regulation Number 12 of 2019 as the basis for regional financial management. The method used in this study is a normative legal research method. The legal materials source from primary and secondary legal material. The method in presenting this research result is deductive method. This study shows that financial management is a government responsibility in exercising regional power. The urgency of drafting a Regional Regulation on financial management is motivated by changes in legal dynamics and community needs for its management. Furthermore, there is a need for evaluation of the regulation improvement for effectiveness. In conclusion, the effectiveness and efficiency of regional financial management should be evaluated after Government Regulation Number 12 of 2019 is applied. The regulations need to be disseminated for the wider community response to be identified for evaluation of improvements and adjustments to its needs.]]>
<![CDATA[Legal Liability of Doctors on the Disclosure Medical Secrecy for Covid-19 Patients in the Pandemic Era ]]>
<![CDATA[Jaufan Fata Almadani]]>;
<![CDATA[Andika Persada Putera]]>;
<![CDATA[Yulianto]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 1 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.1.2021.8-20
<![CDATA[The Covid-19 outbreak is a disease that attack countries around the world, no exception in Indonesia. The discourse of revealing the secrecy of positive Covid-19 patient medicine raises pros and cons in society. This study aims to analyze the concept of medical secrecy according to statutory regulations and legal liability of doctors in revealing medical secrecy in the pandemic era. This study uses a normative juridical method with a statutory approach, and a conceptual approach. The source of data collection consists of primary, secondary, and tertiary legal material. The results of the research show that medical secrecy is confidential individual right. The identity of Covid-19 patients can be accessed in a limited manner by authorized institutions and used proportionally and appropriately for the benefit of handling the Covid-19 outbreak. In order to anticipate an increase in Covid-19 transmission, the practice of using patient personal data is implemented by several countries according to principles proporsionalitas, necesssitas and purposive limitation.]]>
