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[Implementation of Pancasila Value for Generation Z in Technology Development ]]>
<![CDATA[Evelyn Angelita Pinondang Manurung]]>;
<![CDATA[Maria Osmunda Eawea Monny]]>
<![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.8.1.2021.65-69
<![CDATA[As the ideology of Indonesia, the existence of Pancasila is not without any challenges. In the development of science and technology, the existence of Pancasila is full of struggles. One of the challenges is the rapid social development that have happened nowadays has brought some changes in social activities. These social changes are marked by the development of the generation based on the needs for science and technology. Generation Z nowadays is known as the most active in their activities that depends on the technology devices and for this reasons generation Z needs strong guidelines in utilizing it. The implementation Pancasila value for Generation Z must be in accordance with the needs of Generation Z that are vulnerable for the ethics and morality. The knowledge of Pancasila value with dynamic ways for Generation Z is important so the moral value in Pancasila can be reflected in the personality of Generation Z. The research aims to implement the value of Pancasila that is important for the development of generation Z in the rapid progress of technology nowadays. This research used qualitative method. The implementation of moral science and characters based on Pancasila for Generation Z should be dynamics in accordance with the development of technological era. The implementation of Pancasila value based on their needs and characters of Generation Z is an anticipative way so the value of believe in God, humanity, unity, democracy and social justice still exist and create young generation that have the moral value of Pancasila.]]>
<![CDATA[Public Perceptions of Legal Aspects of Price Tagging of Balinese Betutu Chicken ]]>
<![CDATA[Simon Nahak]]>;
<![CDATA[Agus Darma Yoga]]>;
<![CDATA[Mirsa Umiyati]]>
<![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.8.1.2021.56-64
<![CDATA[This study aims to determine community perceptions about the legal aspects of price tagging in Balinese chicken Betutu sales. The population of this study was housewives in Banjar Anyar, Sumertha Kelod Village, East Denpasar District, Denpasar, Bali. This study used a survey sample (cross sectional study). The variables of this study are: (1) The importance of giving price tags; (2) Without the label violating the law; (3) The constitution on the sale of goods. Based on the analysis, the results of this study indicate that as much as 65% of respondents consider the price tagging important in sales and 3.9% of the 103 respondents consider that the price tagging in selling Balinese chicken Betutu is less important. Meanwhile, at the level of understanding without labels violating the law, 55.3% of respondents did not know that without a label in selling Balinese chicken betutu was against the law and only 14.6% of respondents knew that without a label in selling Balinese chicken Betutu was against the law. At the level of understanding of the laws on the sale of goods, 77.7% of respondents did not know about the laws on selling goods and only 4.9% of respondents knew about the laws on selling goods. Based on these results it can be concluded that there are still many people who do not know the importance of labeling a business product and the legal aspects of labeling a business product.]]>
<![CDATA[Traditional Fishing Rights for Bendega (Balinese Traditional Fisherman) ]]>
<![CDATA[Ni Putu Suci Meinarni]]>;
<![CDATA[Komang Redy Winatha]]>;
<![CDATA[I Putu Hendika Permana]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.107-115
<![CDATA[Bendega is one of the cultural heritage of Balinese ancestors is a social organization whose existence has begun to decrease. This existence is closely related to their rights and obligations as part of the main community members in the coastal areas of Bali. This study aims to determine the rights and obligations of fishermen based on applicable regulations and to find out whether these rights and obligations have gone in harmony. This study used the normative-empirical legal research method. Normatively, this study is done through literature studies and empirically conducted by distributing random questionnaires to several fishermen in Bali. Based on the analysis, the results of this study showed that some fishermen have never read Local Government Regulations of Bali Number 11 year 2017 about Bendega. Some of them feel the right to catch fish is a result of business activities in other sectors. The effectiveness of legislation has not been running optimally. The community, especially the fishermen, need re-socialization related to their knowledge of Local Government Regulations of Bali Number 11 year 2017 about Bendega, so that they can find out more about their rights and obligations as Bendega.]]>
<![CDATA[Legal Protection for Online Transportation Service Providers in Transporting Passengers ]]>
<![CDATA[Desak Nyoman Oxsi Selina]]>;
<![CDATA[I Made Wirya Darma]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.70-77
<![CDATA[Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.]]>
<![CDATA[Legal Protection for Buyers in Buying and Selling with Counterfeit Certificate Object ]]>
<![CDATA[Putu Satria Fajar Purwanta]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Ketut Kasta Arya Wijaya]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.136-144
<![CDATA[The lack of precision between the buyer and the land deed official is a factor in the emergence of the uncertainty of the law against the certificate issue. In addition, the seller also intentionally does not notify that there is a defect in the certificate that causes the buyer to suffer a loss. It needs the protection of the buyer acting in good faith so that in the future no longer appears dispute regarding the certificate of a double or false which is used as the object of buying and selling. This study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object. The method used in this study is normative legal research. In addition, the legal materials are obtained by using a literature study. The results of this study showed that the transfer of rights over the counterfeit certificate object causes legal uncertainty because there is a violation of article 1320 of the Civil Code, namely the agreement and skills that can be requested for cancellation, the form of the legal protection of the buyer acting in good faith in the form of protection repressive where such protection can be provided in the form of criminal sanctions, administrative and civil to the seller.]]>
<![CDATA[Implementation of Regional Regulation of Tabanan Regency Number 11 of 2018 Concerning Tourism Village Related to Increasing Investment Interest in Tabanan Regency ]]>
<![CDATA[Ni Putu Santya Dewi]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Wayan Wesna Astara]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.116-121
<![CDATA[Tourism that developed in Bali is an important sector for Tabanan Regency in increasing its tourism assets. Formation of Tabanan Regency Regulation No. 11 of 2018 concerning Tourism Villages is a legal umbrella that is expected to be able to increase investment interest in Tabanan Regency. The purpose of this study is to examine the regional regulation of Tabanan regency number 11 of 2018 concerning tourism villages related to increased investment interest in Tabanan regency and to examine the effectiveness of local regulation of Tabanan regency number 11 year 2018 regarding tourism villages related to increased investment interest in Tabanan regency. Furthermore, the method used in this study is empirical legal research method, meanwhile, a sociology approach is an approach used in this study. The results obtained from the study are that the implementation of Tabanan Regency Regulation Number 11 Year 2018 concerning Tourism Villages has been systematic, involving the role of regional apparatus and the community; and Tabanan Regency Regulation Number 11 Year 2018 regarding Tourism Villages related to increased investment interest has not been effective because there are still many obstacles and obstacles found.]]>
<![CDATA[Regulation of Foreigner Stay Permit as Director of Limited Liability Company and Investor in Foreign Investment ]]>
<![CDATA[Tri Sutjiati]]>;
<![CDATA[Ida Ayu Sadnyini]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.89-100
<![CDATA[Based to Article 10 Paragraph (1) on Regulation Ministry of Manpower Number 10 Year 2018 Concerning Procedure of Employ Foreign Worker says that employer of the foreign worker is not required to possess any EPP (working permit) to employ foreign workers who are shareholders with the position of the board of directors or board of commissioners, as it is stated before on Article 10 Paragraph (1) Presidential Decree No. 20 Year 2018 Concerning Foreign Worker. Nevertheless, the facility for investors to possess stay permits in Indonesia which is mentioned in Article 22 Paragraph (3), Regulation of Ministry of Justice and Human Rights Number 51 Year 2016 Concerning Change of Regulation Number 24 Year 2016 Concerning Technical Procedures for Application and Issuance of Visit Visas and Limited Stay Visas, says that the investor prohibited working. This study aims to investigate the procedure and the regulations that govern temporary stay permits of directors and foreign investors in Indonesia. The method used in this study is normative legal research and meanwhile, statute approach and conceptual approach are used as the approach of this study. The results of this study showed that 1) higher norms govern action, as to create lower norms, governs realization of action. Presidential Decree has a higher position in the hierarchy from Ministry Regulations. 2) ideal framework of statutory regulations shall consist of a balance portion of justice, legal certainty and finality.]]>
<![CDATA[Legal Protection of Contract Workers in the Work Agreement in Jayagiri Hotel ]]>
<![CDATA[Feranika Anggasari Jayanti]]>;
<![CDATA[Johannes Ibrahim Kosasih]]>;
<![CDATA[I Ketut Widia]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.78-88
<![CDATA[The development of the tourism industry in Bali causes the high competitiveness of classy hotels such as the Jayagiri Hotel and has an impact on the income aspect of the hotel business, in this case the company's income and leads to legal protection of the rights and obligations given to its workers. This study aims to examine the contractual relationship between contract workers in a work agreement at Jayagiri Hotel and to examine the legal protection can be given for contracts made by the parties and obstacles are experienced by workers in obtaining their rights and obligations. The method used in this study is normative and empirical research method. The results of this study showed that the employment agreement between contract workers and the Hotel has not yet provided a good working relationship so that the application of Law No. 13 of 2003 concerning Employment has not been accommodated. This is due to the entry into force of the standard contract agreement in Jayagiri Hotel which has not provided a balanced position in the same position between workers and employers. Employers as employers always have a higher bargaining position than workers, so the formulation of work agreements in Law No. 13 of 2003 concerning Employment has not been properly accommodated to protect workers' rights and cannot yet prosper workers in accordance with the mandate of the Act.]]>
<![CDATA[Legal Protection of Debtor in Credit Settlement with Fiduciary Guarantee ]]>
<![CDATA[I Gede Raka Ramanda]]>;
<![CDATA[Made Wiryani]]>;
<![CDATA[Ni Luh Mahendrawati]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.101-106
<![CDATA[This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.]]>
<![CDATA[Policy Regulation of Tourism Development with Integrated Agriculture in Bali ]]>
<![CDATA[Anak Agung Dalem Ariyudha]]>;
<![CDATA[Simon Nahak]]>;
<![CDATA[Ni Made Jaya Senastri]]>
<![CDATA[ Jurnal Hukum Prasada Vol. 8 No. 2 (2021): Jurnal Hukum Prasada ]]>
Publisher : <![CDATA[Magister of Law, Post Graduate Program, Universitas Warmadewa ]]>
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DOI: 10.22225/jhp.8.2.2021.122-135
<![CDATA[Balinese agriculture as a culture that becomes Balinese cultural tourism identity should still receive protection in line with the rapid development of tourism. However, in reality, the rapid and uncontrolled development of tourism is accused of having a big impact on the conversion of agricultural land in Bali. The disharmony that occurs can be used as a sign that the existing regulations have not been able to complete and integrate tourism and agricultural development. In this case, tourism development is not accompanied by legislation to protect agricultural land. This study aims to examine the legal arrangements related to tourism development with integrated agriculture in Bali and to examine the efforts that the government can take to integrate tourism development with agriculture in Bali. Empirical legal research is the type of this study. In addition, the approach used in this study is legislation approach, legal concept analysis approach and facts approach. The results of this study revealed that 1) the existing regulations relating to tourism development and agricultural development in Bali have provided an opportunity for integration between tourism development and agriculture in Bali, however, the regulations have not been optimal in preventing and reducing the negative impacts of rapid and uncontrolled tourism development. 2) In the perspective of ius constituendum, Bali tourism development must continue to provide protection for living cultural values, one of which is agriculture because basically Bali tourism development is based on Balinese culture which is imbued with the values of Tri Hita Karana and Sad Kerthi.]]>
