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Ganesha Law Review
Published by Universitas Pendidikan Ganesha
ISSN : 26569744     EISSN : 26849038     DOI : https://doi.org/10.23887/glr.v1i1
Core Subject :
GANESHA LAW REVIEW is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. GANESHA LAW REVIEW is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja. GANESHA LAW REVIEW accepts any manuscripts or articles in the field of law or legal studies from both national and international academicians and researchers. GANESHA LAW REVIEW is published two times a year (in May and November).
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Articles 6 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2023): May" : 6 Documents clear
THE IDEAS OF RECHTERLIJK PARDON AS A RESTORATIVE JUSTICE APPROACH: FROM VENGEANCE TO RECOVERY? Abdurrakhman Alhakim
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.1769

Abstract

After the rebirth of the discourse on ratifying the Draft Criminal Code (RKUHP) on September 24, 2019, which will be confirmed in the plenary session of the House of Representatives of the Republic of Indonesia (DPR RI), however, the emergence of this information to the surface related to the ratification of the RKUHP gave a negative response by the community, especially for activists and students. It is because some of the contents of the RKUHP are considered controversial and have multiple interpretations, which are feared to create legal uncertainty in Indonesia. Sentencing through imprisonment for anyone who violates has implications and a domino effect (domino effect) related to the phenomenon of over-capacity in Correctional Institutions. One solution to overcome this is to apply rechterlijk pardon through a restorative justice approach. This research is descriptive with the type of juridical-normative research. The type of approach used is the statutory approach and the conceptual approach. The results can provide the reform of the criminal law system, which initially focused on retributive to focus on the goal of restitution. Therefore, there is an urgency to ratify the RKUHP, which has the idea of rechterlijk pardon to change the paradigm from retaliation to recovery, as a manifestation of the restorative justice approach in Indonesia.
URGENSI ONLINE DISPUTE RESOLUTION SEBAGAI BENTUK PENYELESAIAN SENGKETA DI ERA SOCIETY 5.0 Rivaldo Fariadi Ivanda; Shelvi Rusdiana
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.1770

Abstract

The era of society 5.0 is an era where information technology and humanities run simultaneously, the presence of technology in a developing society with the presence of laws that adjust to form a harmony and renewal that brings progress to Indonesia, one of which is the presence of online dispute resolution as a form of dispute resolution that is make it easier not only for entrepreneurs but for consumers who are in dispute. The presence of ODR in Indonesia is a necessity for the community due to the increasing number of people interacting with the internet, this is also encouraged as a form of efficiency both in terms of time and cost. ODR which is developing in Indonesia is also supported as an online dispute resolution with the presence of the ITE Law, Government Regulation of Trading through ES and the AADR Law. Research conducted by researchers using normative methods by collecting data qualitatively and utilizing documents, journals, books, and laws and regulations as a form of research elaboration. The data sources used are secondary data sources using writings, dictionaries and regulations as basic references. This study aims to determine the urgency of the presence of the Arbitration Law and Alternative Dispute Resolution which can be the basis for implementing Online Dispute Resolution in Indonesia, but there is a need for a law that specifically regulates this ODR so that it can focus more on disputes and their regulation
SURVEY KEPUASAN LAYANAN AKADEMIK FAKULTAS HUKUM UNIVERSITAS TANJUNGPURA Erwin; Mega Fitri Hertini; Rachmawati; Sri Widiyastuti; Alhadiansyah; Edy Suasono; Vera Puji Lestari
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.2200

Abstract

The main objective of this research is to map the existence and implementation or implementation of academic service satisfaction during the Covid-19 Pandemic, especially at the Faculty of Law, University of Tanjungpura both in terms of results, processes, and effectiveness. It is hoped that this research will provide theoretical benefits in enriching thoughts and concepts about academic services, as well as practical benefits for students, lecturers, education staff and faculty leaders for feedback and improving various academic services. The results of this study indicate that in terms of the aspects of reliability, responsiveness, assurance (treatment of students), empathy (understanding of student interests), information systems (student information systems) at the Faculty of Law, University of Tanjungpura in terms of academic services quite satisfactory.
RUANG LINGKUP PERLINDUNGAN DATA PRIBADI: KAJIAN HUKUM POSISTIF INDONESIA Muhammad Fikri; Shelvi Rusdiana
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.2237

Abstract

The escalation of technology use in various lines of human life poses a new challenge to efforts to protect privacy and personal data in Indonesia. In addition, changes in procedures for collecting, managing, and disseminating data are developing very quickly, from the manual stage to the digitization movement. However, the increase in technological literacy rates has backfired for digital users due to the spike in cases of personal data leakage reaching 143% in 2022. In order to answer this phenomenon, the presence of law becomes the master key in providing personal data protection for users, either preventively or repressively. The focus of his research refers to the substance of Law Number 11 of 2008 or Law Number 19 of 2016 concerning Information and Electronic Transactions, hereinafter referred to as the ITE Law, and Civil Law as a form of national legal pluralism. Not only that, ownership of personal data can also be equated as material rights because of the droit de suite principle. With this material right, if an unlawful act (PMH) occurs as Article 1365 of the Civil Code, compensation can be demanded for the mistake. Furthermore, the purpose of this study is to analyze and understand how the perspective of Civil Law and the ITE Law regarding the protection of personal data in Indonesia. Then, the research method used is the normative juridical research method with various secondary data through the statute approach, conceptual approach, and analytical approach.
ENHANCING CONSUMER PROTECTION IN INDONESIA’S FINTECH INDUSTRY: SAFEGUARDING THE RIGHTS OF FINTECH SERVICE USERS Ninne Zahara Silviani; Jeslyn Teo
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.2238

Abstract

Indonesia, a developed nation, is currently emphasizing its developmental efforts, particularly in the economic sphere. Given that financial resources are not evenly distributed among the Indonesian population across all levels and regions, financial institutions play a crucial role in bolstering the country's economic resilience. Banks, in particular, provide loans to individuals in need of quick funds, addressing society's economic requirements more equitably. With the advancement of technology, the financial sector has undergone a transformation towards digitalization. In this study, a normative method is employed to examine the vertical and horizontal aspects encompassing laws and regulations. The focus is on the legal protection extended to users of online loan services, aiming to identify the safeguards available for consumers utilizing such services. The government, in its commitment to safeguard the Indonesian population residing in the digital realm, particularly in the financial sector where information technology is utilized, has implemented several regulations. Notable among these are the Financial Services Authority Regulation Number 77/POJK.01/2016, the Information and Electronic Transactions (ITE) Law, the Personal Data Protection Law, and the Consumer Protection Law. Given the inherent significance of personal data in the digital world, it becomes crucial to protect it as it forms an integral part of an individual's legal identity. Any misuse of personal data by irresponsible parties infringes upon an individual's rights as a legal subject.
KEWENANGAN KOMISI PENYIARAN INDONESIA TERHADAP PENGAWASAN JASA PENYIARAN BERBASIS INTERNET I Dewa Gede Herman Yudiawan; Made Sugi Hartono; Ni Luh Wayan Yasmiati
Ganesha Law Review Vol. 5 No. 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i1.2809

Abstract

Broadcasts broadcast via television broadcasts have developed rapidly by presenting internet-based broadcasts or broadcasts. Looking at what currently exists in Indonesia, one of them is Vidio.com. Indonesia itself strongly adheres to the norms of politeness in social life, where internet-based broadcasting often displays scenes or words that are not in accordance with the norms of politeness that Indonesia currently adheres to. Article 13 paragraph (2) of Law No. 32 of 2022 regulates broadcasting services in Indonesia consisting of radio broadcasting services and television broadcasting services. Here it can be seen that the KPI does not have the authority to carry out supervision regarding internet-based broadcasting services. The authority possessed by KPI is attribution authority which originates from the law in carrying out broadcasting supervision in Indonesia. provisions of Bill C-11 and Law no. 32 of 2002 both regulate Broadcasting, but there are differences between these two provisions, Indonesia is limited to Radio and Television Broadcasting Services, while Bill C-11 Broadcast which has been revised, supervision covers Radio Broadcasting Services, Television, Providers Telecommunications and Internet Services. The internet in this case in Bill C-11 includes online streaming services. The supervision carried out by the CRTC is actually similar to that carried out by the KPI.

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