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Jurnal Hukum Prasada

prasada
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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.

Arjuna Subject : -

Articles 128 Documents

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Legal Certainty for The Reading and Signing of The Deed through Teleconferencing Media During The Covid 19 Fahrul Ramadan; Reka Dewantara; M. Sudirman
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

The Covid 19 pandemic hit Indonesia, in the hampering of notary work in carrying out their duties and positions due to the establishment of large-scale social restrictions (PSBB). As a result, many notaries closed their offices and conducted deed-making services using electronic technology and teleconferencing media. The problem studied in this study is 1) How is the validity of the reading and signing of deeds implemented through teleconferencing media during the Covid 19 pandemic? 2) How to reconceptualization of the arrangement of reading and signing of deeds implemented through teleconferencing media in realizing legal certainty during the Covid 19 pandemic period and after the Covid 19 pandemic period ends? This type of normative research uses statute approach, conceptual approach, and case approach. The results of this study were found: It needs to be written in the head of the deed regarding the reading of the deed using teleconferencing media, at the end of the deed is written a description of the use of digital signatures. At the time of reading the deed through the teleconference media Notary must be in his position for the creation of legal certainty where the deed is made. The need for the expansion of the meaning of the face in article 16 paragraph (1) letter m UUJN to face directly or use teleconferencing media. The meaning of signatures in UUJN needs to be expanded in meaning with digital signatures. The anatomy of the deed in Article 38 of UUJN needs to be changed in the form of deeds made through teleconferencing media and using digital signatures. Recommendations for the government need to harmonize article 5 paragraph (2) of the UU ITE with UUJN for the creation of legal certainty on deeds made by and before notaries digitally both the results and the process of making deeds

Women and Dirty Money: How Women are Affected by, Involved, and Counter Money Laundering Kartini Laras Makmur
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Money laundering is a growing threat to global and Indonesian national development. Similar independent research has been minimal and has resulted in gender facets of development in general without determining to what extent women are undermined by, involved, as well as counter money laundering. This research discusses on how women can engage in the fight against money laundering, how money laundering specifically undermine women and what about the involvement of women in money laundering offense. The objective of this research is to promote women empowerment and integrate gender perspectives in improving anti-money laundering actions. The principal approach of this research is analytical descriptive using document and content analysis to observe the gendered aspect of money laundering. In this way, the findings may contribute to strengthening women’s engagement in anti-money laundering efforts. The result of this study shows that the involvement of women in anti-money laundering can strengthen prevention attempts, foster trust, and improve community outreach. This role is due to the money laundering specific consequence for women such as the decrease of public revenue available for gender equality services and programs. In addition, since women are less likely to tolerate tax evasion and money laundering, the more women in law enforcement, especially in decision-making roles and consideration to gender-sensitive responses make policing in anti-money laundering more effective.

Investment Effect on Wage System in Pancasila Industrial Relations based on Job Creation Law Ayu Putri Rainah Petung Banjaransari
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Indonesian investment continues to develop as a result of globalization and the modernization of the company's operational activities. This is indicated by the large number of technologies used in the production and distribution processes of companies, both domestic companies, multinational companies, and foreign companies. Indonesia's investment ecosystem is not only focused on increasing foreign investment, but also focusing on increasing domestic investment. The Government of Indonesia issues these policies as contained in the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (hereinafter as the Job Creation Law). This change in the investment ecosystem results in a wage system related to the company's operational activities that are effective and efficient or the number of products produced by the company. The investment and the wage system must be carried out like industrial relations based on the meaning of the precepts in Pancasila. In fact, Pancasila industrial relations are not applied properly and correctly in the relationship between employers and job recipients. This paper uses normative legal research methods using only secondary legal materials. The approach used in this paper is a legal approach and a conceptual approach. This research will produce findings about the investment ecosystem, the wage system, Pancasila industrial relations, articles of the Job Creation Law related to the topics raised in the research. This research will also produce a correlation between the investment ecosystem and the wage system within the framework of Pancasila industrial relations in accordance with the Job Creation Law.

The Relevance of Behavior of Law Theory to Law Enforcement in Indonesia Yazid Bustomi
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

This article discusses the discrimination in legal treatment of the community that still occurs today. The principle of equality before the law cannot be fully implemented properly. The theory of behavior of law explains why this problem still occurs. The purpose of this study is to discuss what factors cause legal discrimination to occur. This legal research type is descriptive analysis. The type of data used is secondary data. The data collection method used is literature study, which is a technique to obtain secondary data through documents related to the problem, purpose and benefits of the research. This study uses qualitative data analysis techniques, namely data obtained from literature studies and then arranged systematically and then analyzed qualitatively to achieve clarity of problems to be discussed. The data is then analyzed interpretively using positive theory and law that has been outlined and then inductively drawn conclusions to answer the existing problems. The results of this study, that the factors of stratification, morphology, culture, organization and social control are the main factors in causing stratification. This factor causes people who have power to have easier access to the law than those who do not have power. This problem will continue continuously if law enforcement officers do not fix their morals. Massive, decisive and sustainable efforts are needed from all parties to change this legal culture.

Juridical Study on the Sale of Plowing Books Through E-Marketplace Based on Positive Laws in Indonesia Ni Nyoman Muryatini; I Gusti Agung Ayu Gita Pritayanti Dinar
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Nowadays, the rapid technological developments increasingly have an influence on changes in people’s behavior and lifestyles. The activities of offering, selling, and buying an item or even service can be done through online sites, one of which is an e-marketplace. The model of selling pirated books began to shift when the discovery of internet technology, if previously pirated books were sold at roadside stalls, but now they have developed into online sales. The convoluted process must be passed by the copyright holder if they complain about problems regarding their books being plowed and freely traded on e-marketplace. The method used in this study was a normative juridical research. Legal research was carried out to produce new arguments, theories, or even concepts as prescriptions in solving the problems. The results of the research conducted by the electronic system operator have the responsibility to follow up on any complaints or reports on the existence of electronic information or documents that are prohibited by law in their electronic system, if proven guilty, the merchant will be cut off access. In the increasingly rapid development of the world of e-commerce today, it is accompanied by the development of types of crime in the digital world, so that the urgency of regulating e-commerce specifically in a law is needed.

Impact of The Covid-19 Pandemic for Overstaying in Bali (Law's Application of The Government to Responding People Smuggling) Adji Priyo Utomo; Fernandez Viky Lieyanto; I Made Dwi Darma Putra Duatra
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

This scientific work was created to find out how the regulations are binding on permits for foreigners to stay in the territory of Indonesia and how to handle foreigners who have lived beyond the time limit of the permits granted (overstay) during this pandemic, especially in the Bali area. The research method used is normative juridical, so it can be concluded: bthat the binding regulations regarding overstay are Law No. 6 of 2011 as well as several recently issued regulations regarding residence permits. One of them is Permenkumham number 32 of 2021. From the example of the case in the TPI Denpasar class I immigration office, it can be said that overstay cases during the pandemic are very natural and may even occur periodically due to the effects of a long pandemic. This could be due to overlapping government policies as well as very complex immigration-related regulations during this pandemic and the fragmentation of rules that made it difficult for foreigners in Indonesia to take care of immigration-related matters.

Regulation of The Imposition of Criminal Sanctions against The Criminal Acts of Prostitution in Indonesian Positive Law Ida Bagus Gumilang Galih Sakti; I Made Arjaya
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Prostitution activities that occur in society are not only caused by pimps and sex peddlers, but are also closely related to users of prostitution services. The absence of regulations that can ensnare perpetrators of prostitution practices, especially users of prostitution services, shows the government's inconsistency in combating prostitution practices. There are two problems in this study, namely, first, how is the regulation of punishment for perpetrators of criminal acts of prostitution in Indonesian positive law and second, how is the imposition of criminal sanctions against perpetrators of criminal acts of prostitution, especially users of prostitution services through complaint offenses in the Criminal Code. This study uses normative research conducted through an assessment of the legislation and legal concepts. The approach in this study uses a legal concept approach, and a statutory approach. Based on various explanations of articles in Indonesian positive law, it is not at all clear and implicit that there are articles that regulate criminal sanctions against users of prostitution services. With the absence of legal norms related to criminal sanctions for users of prostitution services, other legal remedies can be taken to ensnare users of prostitution services through the application of a complaint offense with the alleged crime of adultery as regulated in Article 284 of the Criminal Code.

The Effectiveness of The Regulation on The Use of Tribal Land in Palakahembi Village, Pandawai District, East Sumba Regency, East Nusa Tenggara Province Yohanis Hina Takanjanji; Simon Nahak; Ni Made Jaya Senastri
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Customary land (tanah ulayat) of a tribe means an inheritance land and the natural resources on and inside it, passed down from generation to generation, and the rights of customary land belong to customary law community. Customary land/customary land rights (hak ulayat) are a joint land, believed to be a gift from supernatural forces or inheritance from ancestors to a group of people, the customary law community, that serves as the main supporting element for the community’s life and livelihood all the time. Based on the background of research, the researchers formulated research questions as follow: How is the regulation on the use of tribal land in Palakahembi Village, Pandawai Subdistrict, East Sumba District, East Nusa Tenggara Province; How is the effectiveness of the regulation on the use of tribal land in Palakahembi Village, Pandawai Subdistrict, East Sumba Regency, East Nusa Tenggara Province. This research aims to provide legal comprehension to society concerning the regulation on the use of tribal land and to study and understand legal issues concerning the regulation on the use of tribal land. This is empirical legal research, which reveals facts (the fact approach). Applying this approach, the researchers observed and collected facts in the field methodically, and these facts are used as supporting materials for the research. This research took place in Palakahembi Village, East Sumba District, East Nusa Tenggara Province. The result of this research shows that there is no clear commensurate border of tribal land (a source of horizontal conflict between tribes), no Regional Regulation of East Sumba District that specifically regulates and use tribal land based on its characteristic, and the region’s local wisdom. The researchers suggested that it is necessary to draw up a Regional Regulation that serves as a stepping stone in the use of tribal land based on the tribe’s local wisdom.

Interpretation of ICJ in Nuclear Weapon Disarmament: Marshall Island v. the United Kingdom Yordan Gunawan; Fatra Alamsyah; Elvita Anggoro Wati
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

In 2014, the Republic of the Marshall Islands (RMI) filed lawsuits against several major Nuclear Weapons States (NWS) to the International Court of Justice (ICJ). In connection with the conclusion of the nuclear arms race and disarmament, RMI filed a lawsuit alleging a breach of negotiating duties. However, the ICJ concluded that such a complaint should be dismissed since there was no urgency in the case. There is a concern that this judgment does not follow the pattern and practice of the ICJ’s rulings. Some scholars conclude that there is a potential of power or political link in the ICJ judgment that cannot be explained by law. The United Kingdom has nuclear weapons and dominates the nuclear arms race. The purpose of this study is to examine the hegemony NWS, which leads the ICJ to reject the Marshal Islands case in the context of negotiating duties related to the cessation of the race and nuclear disarmament. The research method applied in this study is a normative legal research method. Secondary data derived from the statutory approach, analytical approach, legal conceptual approach, and factual approach were used in the study. The result of the study showed that the ICJ has jurisdiction over the case to give advisory opinions and to settle this case in order to give additional provision in Article VI of The Non-Proliferation Treaty of 1968 (NPT).

Theoretical View on The Position of The Consumer in Acceptance of Product Advertising Ida Bagus Gede Agustya Mahaputra; I Made Aditya Mantara Putra
Jurnal Hukum Prasada Vol. 9 No. 2 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Commercial players have greater and more comprehensive resources, marketing and relationships than consumers. It can even be said that consumers have relatively limited legal awareness and their rights as consumers, so that perpetrators are often treated unfairly against companies. The injustice in question can be observed in one of the advertisements. Entrepreneurs are not clear in the legislation on consumer protection, the structure of legal responsibility for advertising that harms consumers. This study aims to examine the philosophical nature of consumer legal protection in relation to harmful advertising. The method used in this study is a type of legal normative research method. Based on the results of the study, this study indicated that consumer protection arrangements in Indonesia are still not optimal considering that contracts do not cover the legal responsibilities of economic actors who broadcast products advertised by advertising companies. Of course, the philosophical aspects involved in looking at the Pancasila perspective are Precepts 2 and 5 which contain elements of human rights. The principle of fairness regarding the rights and obligations of entrepreneurs is therefore not balanced. More appropriate action is needed to strictly control the advertisements on broadcasters. This can become legal knowledge for consumers, law enforcement officers, businesses or broadcasters to pay attention to the advertisements that are broadcast so as not to cause consumers to lose right.

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Home Page

OAI Link

Editorial Team

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Reviewer

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Contact Name I Gusti Ayu Intan Saputra Rini

Contact Email intansaputrarini@gmail.com

Phone 085339633595

Journal Mail Official jurnalprasada.pps.unwar@gmail.com

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Location Kota denpasar, Bali INDONESIA

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Contact Name
I Gusti Ayu Intan Saputra Rini

Contact Email
intansaputrarini@gmail.com

Phone
085339633595

Journal Mail Official
jurnalprasada.pps.unwar@gmail.com

Editorial Address
-

Location
Kota denpasar,

Bali

INDONESIA