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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 146 Documents
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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

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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

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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

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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

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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.
JURIDICAL REVIEW REGARDING THE CONSTITUTIONALITY OF THE THREE-PERIOD POSITION LIMITS FOR THE PRESIDENT IN THE INDONESIAN LEGAL AND POLITICAL CONTEXT David Greacy Geovanie
Ganesha Law Review Vol 5 No 2 (2023): 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.v5i2.3351

Abstract

Indonesia as an independent country, of course, has a constitution as a foundation and guideline in carrying out its constitutional system and government. The existence of issues related to the presidential tenure being 3 periods makes this research aim (1) to review the presidential tenure arrangements in terms of the perspective of the currently valid constitution (ius constitutumi), and (2) to find out the idea of ​​construction (ius constituendum ) on the term limits of the president and vice president of the Republic of Indonesia. In this study using the type of normative legal research. The results of this study indicate that (1) the constitutionality of setting limits on the term of office of the president and vice president at present (ius constitutum) which has been regulated in Article 7 of the 1945 Constitution, but the formulation in that article still has several deficiencies so that the idea of ​​legal construction is needed, to be a solution to this deficiency. (2) the term limits for the president and vice president must consider, review and examine the urgency of benefit and justice for the nation and state. Changes related to the president's tenure to 3 periods must also pay attention to other provisions as stipulated in Article 37 of the 1945 Constitution.
INTERNATIONAL LEGAL PROTECTION STUDY FOR REFUGEES THROUGH THE 1951 REFUGEE CONVENTION AND 1967 PROTOCOL Kadek Diah Karuni
Ganesha Law Review Vol 5 No 2 (2023): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

The definition of a refugee based on the 1951 Convention includes a person who because of his fear of persecution caused by reasons of ethnicity, race, religion, nationality, membership of certain social groups and also certain political parties outside his country of nationality so that he does not want protection from that country. To provide protection to international refugees, the 1951 Refugee Convention was enacted as a form of legal protection. The refugees then evacuate to seek legal protection in countries that have ratified the Convention. Prior to 1951, issues related to international refugees were still a polemic, especially in terms of legal protection and legal status for these refugees. Therefore, writing this article aims to find out the legal protection for international refugees through the 1951 Convention, find out who is called a refugee, determine the status of international refugees, their position and rights, as well as countries that have ratified and have not ratified. the convention. The method used in writing this scientific article is a library research method through several literatures such as websites, journals and also e-books that are in accordance with the topic of this article. This article shows the findings that international refugees currently have legal status, their position and rights are protected in a refugee country when that country has ratified the 1951 Convention and the 1967 protocol.
PROTECTION OF CHILDREN'S RIGHTS IN THE ASPECT OF INTERNATIONAL LAW Ni Ketut Suriati
Ganesha Law Review Vol 5 No 2 (2023): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

This article aims to (1). Children and Child Protection in Indonesian Law. (2). How to Protect Children's Rights in Aspects of International Law. The results of the discussion of this article show that (1) In Law no. 23 of 2002 concerning the protection of children, states that children are a mandate and gift from God Almighty, in which the dignity and worth of being a complete human being is inherent in him. Guaranteed rights for children are protected through Law no. 34 of 2014, there are 4 general principles of child protection, namely the principle of non-discrimination, the principle of the best interests of the child, the principle of the right to life and the principle of respect for the opinion of children, the regulation regarding the protection of children's rights in Indonesia is also contained in the 1945 Constitution Article 28B Paragraph ( 2), as well as in Law no. 39 of 1999 concerning Human Rights, and Law no. 23 of 2002 concerning Child Protection. (2) The regulation regarding the protection of children's rights in the aspect of international law is contained in the Convention on the Rights of the Child which was declared unanimously on November 20, 1989 by the United Nations General Assembly (UN Resolution No. 44/25 dated December 5, 1989). -Children's rights are also contained in the ILO Conventions.
VIOLATIONS OF HUMAN RIGHTS AND PROTECTION BY UNICEF ON THE USE OF CHILD SOLDIERS IN CONGO'S ARMED CONFLICT Putu Marta
Ganesha Law Review Vol 5 No 2 (2023): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

This article aims to find out the human rights violations that occurred in child soldiers in the armed conflict of the Congo. Human rights are basic rights that are owned by every human being as a gift from God Almighty, valid for life, and cannot be contested. Recruiting children as soldiers is a violation of human rights. Protection of children's rights is an inseparable part of human rights. emotionally, physically, and psychologically on children are the negative impacts of the presence of child impact soldiers. Unstable government conditions coupled with a low economy add to the burden on society which pushes their children to fall into the circle of militarization. The real form of protection for children who are recruited into child soldiers is the protection provided by UNICEF. UNICEF pays great attention to children's settlement.
EFFORTS TO HANDLE INTERNATIONAL DISPUTES THROUGH SUBJECTS INTERNATIONAL LAW Putu Darmika
Ganesha Law Review Vol 5 No 2 (2023): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

This article aims to (1) find out clearly what is meant by international law, (2) find out how the development of international law, and (3) to know what kinds of subjects of international law in dispute resolution itself. The data collection technique used is by quoting from several book sources as well as from journals and papers that have been read before. The results of the discussion of this journal show that (1) International Law is a positive law. Where the purpose of the law itself is to create and realize justice in international. (2) The development of international law is important because in essence as a law that introduces the concept of an archipelagic state, a means of intervention to a means of suppressing developing countries, which of course in this development for the Indonesian people to strengthen cooperation in the fields of economy, politics, security, and education. (3) There are several ways to resolve disputes under international law, namely, through peaceful settlement of disputes contained in the United Nations Charter, namely Article 2 paragraph (3) of The Charter of the United Nations (UN Charter). And it can also be done in terms of kinship or peace, namely negotiation, investigation, mediation, conciliation and arbitration.

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