Jurnal Hukum Sasana
Jurnal Hukum Sasana adalah sebuah publikasi ilmiah yang dikelola oleh Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Bhayangkara Jakarta Raya. Jurnal ini memuat tulisan-tulisan hasil riset, analisa yuridis terhadap sebuah produk perundang-undangan atau kasus hukum, dan studi literatur di bidang hukum. Topik yang paling dominan diperbincangkan dalam jurnal ini adalah isu sektor hukum dan keamanan, negara hukum, demokrasi, reformasi hukum, keadilan sosial, pemerintahan yang baik (good governance), dst.
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<![CDATA[Implementasi Pengadilan Adat Dan Pengadilan Umum Terhadap Tindak Pidana Asusila Lokika Sanggraha ]]>
<![CDATA[I Dewa Gede Teguh Artawan]]>;
<![CDATA[Ika Dewi Sartika Saimima]]>;
<![CDATA[Gatot Efrianto]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1269
<![CDATA[In the Balinese Customary Law, there are types of traditional offenses relating to decency, one of which is the offense of lokika sanggraha which is a customary rule that is fundamental in society, constituting a limitation on sexual life. In this customary regulation the act of promiscuity between young men and women, even though it is done with the reason of mutual love and love. In general, any violation of customary law, both civil and criminal, will be resolved by local settlers. The formulation of the problem regarding the implementation of enforcement of immoral acts of lokika sanggraha in traditional courts and general courts and the constraints of enforcement of the immoral crime of lokika sanggraha in traditional courts and general courts. This research, using the method of normative legal research (literature) is supported by interviewees to get the results of the analysis that the implementation of the enforcement of immoral acts of lokika sanggraha in traditional court has not paid attention to the victims of immoral acts and for the general court by applying Article 359 of the Adi Gama Book jo. Article 5 paragraph (3) letter (b) Emergency Law. No. 1 / Drt / 1951 to be convicted. There are several obstacles in the implementation of law enforcement for the lokika sanggraha criminal act namely there is no specific regulation regarding the conduct of the lokika sanggraha and a lack of public legal awareness and the existence of a culture that considers family disgrace if other communities know that their daughter is pregnant outside marriage. The conclusion in this thesis is that law enforcement has not yet been created against the crime of lokika sanggraha because there are obstacles in law enforcement. Suggestions in this thesis are to the Leaders and Indigenous leaders in Bali if in completing the meeting the Sanggraha can consider women as victims of immoral acts and be able to hold men to account.]]>
<![CDATA[Kedudukan Hukum Masyarakat Adat Dalam Memperoleh Hak Atas Tanah di Indonesia ]]>
<![CDATA[Arvita Hastarini]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1272
<![CDATA[Since the first, land rights have been important for people in any part of the world, including indigenous peoples of Indonesia. However, indigenous peoples in Indonesia continue to be in a weak position in the pursuit of land rights and access to natural resources. In fact, the position of indigenous peoples in obtaining land rights is recognized and protected by the constitution contained in the 1945 Constitution and Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA). Therefore, this study wants to know how the legal position of Indigenous Peoples in obtaining Land Rights based on the positive law of the draft land laws and regulations in Indonesia and how the process of submitting an application for indigenous peoples in obtaining joint property rights over the land of an indigenous peoples who are in certain areas in Indonesia. The research was structured using a normative juridical research method using a statutory approach that will examine and analyze the application of the rules or norms in various laws and regulations and also in the Land Bill which will become a new legal product and various literatures. others as a resource that can help in answering all existing problems.]]>
<![CDATA[Rahasia Kedokteran dan Perlindungan Hukum Pasien Covid 19 ]]>
<![CDATA[Esther Masri]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1275
<![CDATA[Medical confidentiality is a patient's right that must be protected in the administration of health services. Good relations between doctors or hospitals with patients occur because they are based on trust. There is a doctor's obligation to keep the patient's medical secret. During the Covid-19 pandemic, the disclosure of medical secrets became a controversial issue among the public. Doctors have an obligation to pay attention to the limitations in keeping secret and disclosing medical secrets to the public and must be based on the laws and regulations in Indonesia. This study uses normative juridical legal research, namely legal research conducted by researching library materials by analyzing various statutory provisions and data contained in the literature. The results of the study, show that medical secrets for Covid-19 patients can be opened on the basis of public interest, one of which is due to extraordinary events or outbreaks of infectious diseases. In fact, the disclosure of data on patients infected with Covid-19 is not an embarrassing situation so that Covid-19 patients will not be stigmatized and discriminated against from the public. This is done to reduce the spread of Covid-19.]]>
<![CDATA[Implikasi Yuridis Free Retribution Toilet Umum Pada Stasiun Pengisisian Bahan Bakar Umum (SPBU) di Kota Yogyakarta (Studi Surat Edaran Menteri BUMN Nomor SE-16/MBUT11/2021) ]]>
<![CDATA[Bagus Anwar Hidayatulloh]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1277
<![CDATA[This study examines the juridical implications related to the free retribution of public toilets at gas stations in the city of Yogyakarta based on the Circular Letter of the Minister of SOEs Number SE-16/MBUT11/2021 concerning Quality Improvement of Public Facilities and SOE Social Facilities. The retribution made by several gas stations has become a separate polemic among the public, especially since the Minister of SOEs conducted inspections at several gas stations, so that not long after, a Ministerial Circular Letter appeared regarding the quality of service for public facilities and social facilities in SOEs. The impact of the Circular is also on the City of Yogyakarta which has 16 gas stations in collaboration with SOEs. So that raises the formulation of the problem what are the implications of the Circular Letter of the Minister of SOEs SE-16/MBUT11/2021 regarding Quality Improvement of Public Facilities and Social Facilities of SOEs and what are the legal implications of free retribution for toilets based on the Circular of the Minister of SOEs Number SE-16/MBUT11/2021 and the constraints faced in the implementation of the Circular of the Minister of SOEs Number SE-16/MBUT11/2021. The purpose of this study was to determine the juridical implications of the application of free retribution toilets at gas stations in Yogyakarta City and can be used as material for evaluating the implementation of the SOE Ministerial Circular.]]>
<![CDATA[Menuju Kota Tanjung Selor Dalam Perspektif Undang-Undang Republik Indonesia Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah ]]>
<![CDATA[Dedi Herdianto]]>;
<![CDATA[Otih Handayani]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1278
<![CDATA[The formation of the territory is needed so that the government is closer to its people so that it can facilitate the implementation of tasks such as the implementation of the function of serving the community, because the government is essentially formed to serve the community as stated in Article 18 of the 1945 Constitution.Tanjung Selor as the capital of North Kalimantan Province is currently still in the status of a sub-district, unlike in general the provincial capitals in Indonesia are cities. This research uses a normative research method which is carried out by focusing on the study of library materials or secondary data by using the Legislative Approach (Statute Approach) and the Conceptual Approach (Conceptual Approach). The results of this study conclude that firstly, the Law of the Republic of Indonesia Number 23 of 2014 concerning Regional Government, the formation of new regions is carried out by means of Regional Expansion and Merger as stipulated in Article 32 and the technical implementation is stated in Article 33 for ExpansionRegions and Article 44 for Regional Merger.second, the formation of Tanjung Selor City by regional expansion will be easier than through merging the regions, by merging the four sub-districts in Bulungan Regency. third, Bulungan Regency as the parent area, has six sub-districts by making Tanjung Palas District the district capital. Fourth, the merging of regions to form Tanjung Selor City as a new area, will experience many obstacles. especially to fulfill administrative requirements as well as basic requirements for regional capacity.]]>
<![CDATA[Pengaturan Rapat Umum Pemegang Saham Dalam Anggaran Dasar Perseroan Terbatas ]]>
<![CDATA[Anak Agung Ngurah Bagus Wiradhanta Adipratama]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1280
<![CDATA[The RUPS has the right to obtain all the exclusive powers of the RUPS as stipulated in the Company Law and cannot be waived as long as there are no changes to the Company Law. Meanwhile, the exclusive authority in the articles of association is solely based on the will of the RUPS which is ratified and approved by the Minister of Justice which can be changed through amendments to the articles of association as long as it does not conflict with the Company Law. Regulation of RUPS In PT is regulated, Article 94, 102 and Article 104. Company Law No. 40 of 2007 appoints members of the Board of Directors, and determines certain restrictions for the Board of Directors that require RUPS approval. Article 63 of the Company Law states that the RUPS has all powers not granted to the Board of Directors. or Commissioner Article 69, all activities including approval of financial statements and ratification of financial statements as well as reports on the supervisory duties of the Board of Commissioners are carried out by the General Meeting of Shareholders. Article 64 of Law No.1 of 1995 as amended by Article 76 of Law No.1 of 2007 concerning Limited Liability Companies, determines the location of the RUPS. Paragraph (1) states that the RUPS is held at the domicile of the company or where the company conducts its business activities, unless otherwise stipulated in the Articles of Association. The place as referred to in paragraph (1) must be located in the territory of the Republic of Indonesia [paragraph (2)]. So the RUPS cannot be held outside the territory of the Republic of Indonesia, even though, for example, the limited liability company in question is 100% owned by foreign investors.]]>
<![CDATA[Peran Notaris Dalam Transformasi Digital Dalam Rangka Kesejahteraan Masyarakat Indonesia ]]>
<![CDATA[Nanda Dwi Rizkia]]>;
<![CDATA[Hardi Fardiansyah]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1281
<![CDATA[Indonesia has a variety of genetic resources and traditional knowledge related to genetic resources that are abundant and have economic value so that they need to be preserved and developed so that they can be utilized in a sustainable manner as development resources for the greatest possible benefit and prosperity of the people, normative juridical research methods, a process to find legal rules, legal principles and legal doctrines to answer the legal issues at hand, the results of research on the Nagoya protocol are international agreements in the field of environment within the framework of the convention on biodiversity which regulate access to genetic resources and the sharing of benefits fair and balanced between beneficiaries and providers of genetic resources based on mutual agreement, the main problem is the reduction of the community's right to access in obtaining the right to a good and healthy environment, be it the right to information, the right to participate i, as well as the right to justice. In addition, there is a concept error in the formulation of strict liability which can result in difficulties implementing the concept. Eliminating the exceptions to the prohibition against burning for traditional farming communities has the potential to criminalize and shift the burden of responsibility.]]>
<![CDATA[Ius Constituendum Hak Atas Pelindungan Data Pribadi: Suatu Perspektif Hak Asasi Manusia ]]>
<![CDATA[Nenny Rianarizkiwati]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1283
<![CDATA[Everyone was born with inherent human rights; a set of rights that need to be recognized in the constitution. The right to privacy and the right to information are 2 (two) kind of human rights that potentially in conflict if there is no restriction on the implementation. Personal data protection is an emerging right as part of the right to privacy and an effort to restrict the right to information. The rapid development of technology encourages the need of personal data protection in a borderless world through wireless networks. Ius constituendum in term of universality of the right on personal data protection is needed as a guidance for safe and comfortable interaction to fulfill the right to privacy and the right to information at the same time.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak-Hak Konsumen Yang Membeli Produk Makanan Kadaluwarsa ]]>
<![CDATA[Rahwindi Pangestu Nugroho Putri]]>;
<![CDATA[Sri Wahyuni]]>;
<![CDATA[Rabiah Aldawiah]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1287
<![CDATA[The 1945 Constitution of the Republic of Indonesia in article 1 paragraph (3) states that "the State of Indonesia is a state of law", meaning that all citizens and law enforcement officers must comply with applicable laws. In the current era of globalization and trade, various products are marketed to consumers in supermarkets, advertising promotions and direct offers. the facts that consumers in the community are still many who are harmed by producers or business actors such as food products that have expired are sold to consumers. So with the existence of business actors who sell expired food products so that they can harm consumers' rights to comfort, security, safety in consuming goods and services as well as harm from the health aspect. This study aims to examine a legal protection against consumer rights and compensation to consumers and to find out the responsibilities of business actors who sell expired food products. The type of research used in this research is normative law by using primary and secondary data. The approach used is a statutory approach and a case approach.]]>
<![CDATA[Philosophical Legal Review on The Implementation of the Rights of the Child for Youth Offender Associated with Terrorism Case in Indonesia ]]>
<![CDATA[Indah Pangestu Amaritasari]]>
<![CDATA[ Jurnal Hukum Sasana Vol. 8 No. 2 (2022): Jurnal Hukum Sasana: December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/sasana.v8i2.1288
<![CDATA[Terrorism has been qualified as a serious crime in Indonesia. The gravity of the crime can be estimated based on the fact that a person accused of such an offence is classified as a high-risk offender. However, complications arise when children and/or youth are suspected of this crime. Indonesia has ratified international human rights instruments, including the Convention on the Rights of the Child. The question emerges on how the rights can be exercised when youth is suspected to commit such high-degree crime. There are some laws that must be taken into account for further analysis in relation to this issue, especially the Law on Juveniles Justice System and the Terrorism Law. The context of how these laws intersect with the implementation of the Rights of the Child is important to be considered for the best interest of the child, including their comprehensive rehabilitation and reintegration process. The philosophical legal approach used in this research aims to have comprehensive analysis and solution of the complexity associated with the implementation of the rights of the children associated with a terrorism charge, especially when it comes to the legal system. It is also of critical importance to identify possibilities of improvement in the implementation of these rights.]]>
