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Contact Name
Dr. Dewa Gede Sudika Mangku, S.H., LL.M
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dewamangku.undiksha@gmail.com
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+6282242137685
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dewamangku.undiksha@gmail.com
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https://ejournal2.undiksha.ac.id/index.php/GLR/about/editorialTeam
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Kota denpasar,
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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
HUKUM INTERNASIONAL SEBAGAI SALAH SATU JENIS HUKUM YANG PENTING ADANYA DALAM SUATU SISTEM HUKUM Made Krishna Dwipayana Aryawan; 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.v4i2.1422

Abstract

This study aimed to determine: (1) The definition of international law, (2) The history of international law, (3) The role of international law in resolving conflicts between countries. The data processing and analysis techniques in this article used a qualitative method with a literature review design. The results of the study indicated that International Law is one type of law that is important in its existence in a legal system. Therefore, we as students majoring in law, need to know the basics of this international law such as knowing the meaning, history and sources of law. In addition, international law is also useful for every country in the world, especially for countries that are experiencing conflict. This international law can be used to solve these problems so that peace between countries can be created.
DINAMIKA HUKUM INTERNATIONAL SEBAGAI SUBSTANSI ETIKA ANTAR NEGARA DI DUNIA Sang Made Merta Widnyana; 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.v4i2.1423

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.
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.
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.