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Dr. Dewa Gede Sudika Mangku, S.H., LL.M
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dewamangku.undiksha@gmail.com
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dewamangku.undiksha@gmail.com
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INDONESIA
Ganesha Law Review
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).
Arjuna Subject : -
Articles 146 Documents
PANDANGAN HUKUM HUMANITER INTERNASIONAL TERHADAP KONFLIK PERSETERUAN BERSENJATA ISRAEL-PALESTINA Zelda Farah Ardiata; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol 4 No 2 (2022): November
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.v4i2.1424

Abstract

The purpose of this paper is to provide an understanding of International Law that is reviewed in general through research and study by experts and characteristics related to International Law with a view on the behavior and relations between countries regarding the application of International Law In the past and in times like the present that have undergone several processes of globalization that cause changes in the times and changes in the behavior of every society in the country related to aspects of International Law.Based on the results of the discussion that can be concluded that all kinds of actions and behaviors of objects and subjects in International Law is a discussion that becomes a real point in International Law ranging from Relations between States, International Organizations, Individuals, or even Companies struggling in the multinational field are things discussed and reviewed in International Law.
TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) SEBAGAI TRANSNATIONAL CRIME Kadek Novi Darmayanti; Komang Febrinayanti Dantes; Si Ngurah Ardhya; Muhamad Jodi Setianto
Ganesha Law Review Vol 4 No 2 (2022): November
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.v4i2.1425

Abstract

Human trafficking is one of the transnational crimes that is a threat to global security which is one type of transnational crime coupled with illicit drug trafficking, maritime piracy, arms smuggling, money laundering, terrorism, international banking crimes and cybercrimes. The forms of trafficking in persons are divided based on the purpose of delivery, based on the victim, and based on the form of exploitation. Because of the massiveness of this crime, the United Nations formulated a protocol called the Palermo Protocol. In Indonesia, there are also special regulations regarding the criminal act of trafficking in persons, namely Law Number 21 of 2007. Although there are already laws and regulations that regulate this crime, in fact it is still not able to provide a sense of justice as well as security and comfort for victims of the crime of trafficking in persons. Other legal protections are still needed for victims of this crime.
PENDIDIKAN ANTI KORUPSI MAMPU MEMOTIVASI MAHASISWA DALAM UPAYA PENCEGAHAN DAN PEMBERANTASAN PERBUATAN TINDAK PIDANA KORUPSI Muzayanah
Ganesha Law Review Vol 4 No 2 (2022): November
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.v4i2.1471

Abstract

Education that is carried out is certainly a learning process for humans that is carried out continuously so that humans become individuals who have perfection both physically and mentally. Education has a goal to produce strong individuals, do not do Collusion, Corruption and Nepotism which we know as KKN, humans who are responsible and have good morals and good morals, are independent, so with the hope that education will educate the nation's life and have a very important role. strategic. As we all know that corruption in Indonesia is very worrying and has an extraordinary negative impact in almost all aspects of life. Corruption also destroys the economic system, democratic system, political system, legal system, government system and social order as a whole. On the other hand, efforts to eradicate corruption have not been able to show maximum results as desired by the Indonesian people. Considering that corruption is an extraordinary crime, it requires serious efforts to eradicate it. Efforts to eradicate corruption are carried out through two things, namely: 1. Enforcement and 2. Prevention, which of course will not be easy to implement and succeed if only the government does it without the participation of the community. Therefore, it is something that can be done and not excessive if students who are an important part of society as the next generation of the Indonesian nation in the future are expected to be able and capable and active in efforts to prevent and eradicate acts of corruption in Indonesia.
EKSISTENSI HUKUM INTERNASIONAL DALAM PENERAPAN HAK ASASI MANUSIA Nyoman Krisnanta Davendra
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1497

Abstract

The implementation of social life is basically a rule is needed so that between one interest and another others can at least be minimized does not happen. Human as subject law is an important part in a country known as subject of international law. However, existing rules or laws not necessarily the overall answer to everyone's interests. For this reason, knowledge of the rules governing the rights attached to the individual. In this paper, we discuss the Human Rights and Humanitarian Law possible in the world Academic International Law itself is still considered new. While realizing the conditions of the world that is also a responsibility Indirectly, humans must have rules that limit authority humans to manage it. This is of course not a responsibility some people or to be more broadly the responsibility of several big country. However, every country should look at the issues global as a shared responsibility
PELANGGARAN PRINSIP IUS IN BELLO DAN IUS AD BELLO ATAS INVASI RUSIA TERHADAP UKRAINA Muhammad Adam Firdaus
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1498

Abstract

In international relations, states need to exercise self-control or restraint and submit to international law. However, the Russian invasion of Ukraine stemmed from various problems between the two, causing various losses on a large scale. The invasion was not based on reasons legitimized by the United Nations and in Russia's invasion of Ukraine there were also allegations of attacks on civilian objects, namely the Ukrainian people themselves, which clearly included violations of international humanitarian law, so the invasion could not be justified.
PERAN HUKUM INTERNASIONAL DALAM PENYELESAIAN SENGKETA KEPEMILIKAN KEPULAUAN ANTAR NEGARA DI DUNIA Ni Luh Made Madhusodani
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1499

Abstract

International law is a law that basically applies to every citizen in the world which regulates the relations of every country in the world. International law was created to overcome various existing problems in order to create a harmonious relationship between the countries in the world. Every country in the world must try to maintain harmonious relations with other countries in the world, but this is not always successful, many conflicts occur between countries in the world that require assistance from international law in their resolution. In carrying out their state life, every country must try to maintain the sovereignty of their country. In maintaining the sovereignty of the state both in terms of government, socio-culture to its territory. This often causes conflicts to arise, such as the struggle for territory, both land, sea and air The struggle for territory from one country to another can be resolved through international law. There are many ways that can be taken in resolving a dispute in the view of International Law. These methods will of course be implemented in dispute resolution from every country in the world. In the perspective of International Law, it has been regulated regarding the settlement of disputes between countries. The purpose of this research is to link theory and implementation in studying International Law in its direct application. This study uses a descriptive approach by conducting an analysis of qualitative data. By using several references based on research that is relevant to the research in this article.
PENYELESAIAN SENGKETA PERBATASAN DARAT DI SEGMEN BIDJAEL SUNAN OBEN ANTARA INDONESIA DAN TIMOR LESTE Nadia Sabrilla
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1500

Abstract

This study aims to look into how land border disputes between Indonesia and Timor Leste along the Sunan-Oben Bidjael Segment have been settled using international law. An official editor is employed in this normative study. The study’s findings demonstrate that a Joint Border Committee between Timor Leste and Indonesia has been established to serve as a forum for settling land border disputes. Later, This team then changed its name to The Treaty of 1904 and the Permanent Court of Arbitration of 1914 (PCA 1914) have been chosen by the Technical Sub-Committee on Boundary Demarcation and Regulation (TSC-BDR) as the border demarcation legal framework. Article 8 of the 2005 Provisional Agreement states that local communities, in this case indigenous peoples and traditional leaders at the borders, are given the opportunity to participate in the dispute resolution procedure that takes place on the border between the two countries by promoting nonviolent and peaceful means. (b). It is evident that the systems of customary law that apply to the residents of East Timor (Timor Leste) and West Timor (Indonesia) are the same given that these two communities share a shared sociocultural background. Land conflicts, the boundaries of a community’s territory, and the ability of community leaders to engage in direct discussions to resolve these issues can all be governed by the basic principles of customary law.
PROBLEMATIKA PERLINDUNGAN HUKUM TERHADAP KELOMPOK LESBIAN, GAY, BISEKSUAL, DAN TRANSGENDER (LGBT) DALAM PERSPEKTIF HAM INTERNASIONAL Putu Dian Adnyani
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1501

Abstract

LGBT or Lesbian, Gay, Bisexual, and Transgender are behaviors that are currently a hot topic of conversation in the international community. This group which symbolizes itself with the rainbow flag has different views in term of sexual orientation, sexual characteristics, gender identity, and gender expression. It is still very difficult to accept their existence in society at large, so they often experience discrimination in the form of harassment, violence, threats, and so on, against the human rights of every human being. This article aims to understand more deeply about how the legal protection for LGBT groups, especially legal protections from the perspective of the Universal Declaration of Human Rights. The methoed used in the preparation of this scientific article is a qualitative descriptive method, therefore the approach used is a case study and literature study (library research) through various literatures in the form of journals, websites, e-books that are in accordance with the problems raised in this scientific article. The result of the research contained in this scientific article indicate that the LGBT group, who is also a human being, has the same rights as independent individuals so that they are entitled to legal protection from all violence, torture, and thearts are not in accordance with human values
USE OF VILLAGE FUND OUTSIDE THE VILLAGE FUND PRIORITY (CONSTRUCTION OF A VILLAGE HALL IN ADIPASIR VILLAGE, RAKIT DISTRICT BANJARNEGARA REGENCY) Ilham Mu’alim; Agoes Djatmiko; Esti Ningrum
Ganesha Law Review Vol 4 No 1 (2022): 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.v4i1.1502

Abstract

To find out the legal provisions and consequences of the use of Village Funds Outside the Priority of Village Funds (Development of Village Halls in Adipasir Village, Rakit District, Banjarnegara Regency). To achieve this goal the researcher uses the Normative Juridical Approach method, Research Specification is the application of law in abstracto in cases in concreto (Clinical Legal Research). The method of presenting data is presented in the form of a description arranged systematically, logically, and rationally. Conclusions: - Regulatively the Use of Village Funds Outside Priority for the Development of Adipasir Village Hall, Rakit District, Banjarnegara Regency is in accordance with the provisions in the Banjarnegara Regent's Letter Number: 142.41/148/Setda/2016-R dated April 25, 2016 concerning Recommendations on the Use of Village Funds in Outside the Priority of the Use of Village Funds for Fiscal Year 2016. - The legal consequences of the use of Village Funds outside the Priority of Village Funds for the Development of the Adipasir Village Hall, Rakit District, Banjarnegara Regency, namely there are no legal consequences, due to the approval of the Banjarnegara Regent in accordance with Article 27 Paragraph (1) Regulation of the Minister of Finance Number : 247/PMK.07/2015 concerning Procedures for the Allocation, Distribution, Use, Monitoring and Evaluation of Village Funds.
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

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.

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