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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).
Arjuna Subject : -
Articles 146 Documents
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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i2.3352

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i2.3353

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i2.3354

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v5i2.3355

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.
PERLINDUNGAN HUKUM TERHADAP PENCEMARAN LIMBAH DI PASAR MANLEUANA KOTA DILI TIMOR LESTE BERDASARKAN DECRETIO-LEI 26/2012 Fernando Dacosta; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol. 6 No. 1 (2024): 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.v6i1.3399

Abstract

The Manleuana market waste problem in Timor Leste requires serious attention, because it causes a decline in the quality of the environment, endangers human health, and causes flooding. The responsibility of the state constitution as stated in Article 3 of the 2002 Constitutional Law/RDTL states that the State is obliged to take action aimed at protecting the environment and maintaining sustainable economic development. The method used in this research is normative juridical with a statutory approval approach. The research results show that the state has provided legal protection for waste management in general, this provision is contained in Article 61 paragraph (1) which regulates the right to a humane, healthy, and ecologically balanced living environment and to improve it for the benefit of future generations. Special provisions (lex specialist) are contained in RDTL, Decretio–Lei 26/2012 as basic environmental law in Article 2 (2), Article 7 (1) and (2), as well as Articles 12 (1), (2), and (3), which regulate that the state is obliged to comply with the provisions of the constitution and applicable laws and is obliged to preserve, protect, and improve the environment and the importance of community participation. However, this special provision is still an umbrella provision for environmental protection in general, there are no specific provisions that regulate the technical aspects of waste management in Timor Leste.
PERAN DIRRECÇÃO TRANSPORTE TERRESTE DALAM MELAKSANAKAN PELAYANAN PUBLIK DOKUMEN KENDARAAN BERMOTOR DI KOTA MADYA BAUCAU, TIMOR LESTE Roberto da Cruz; José Agostinho da Costa Belo Pereira; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol. 6 No. 1 (2024): 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.v6i1.3401

Abstract

Public service is a process of helping other people in certain ways that require sensitivity and interpersonal relationships to create satisfaction and success. Services produce products, both in the form of goods and services. Public services have three important elements, namely, the service provider organization, the service recipient, namely the community and interested organizations, and the satisfaction received by the service recipient. An empirical juridical approach (non-doctrinal) method with secondary data is used to understand ideal public services, while primary data in the form of observations is needed to see how public services are carried out by the Direccão Transporte é Terrestes Municipal of Baucau Municipality. The research results show that the mechanism for providing motorized vehicle documents to the public consists of processing driving licenses and vehicle registration certificates. The obstacles faced by the Direccão Transporte é Terrestes Municipal Apparatus are the lack of human resources, office facilities, transportation, and human resources. The community as the recipient of services has not been provided with good services. The implementation of services by the Direccão Transporte é Terrestes Municipal apparatus is still not timely, responsive, and informative for the people receiving the services
ENFORCEMENT OF ENVIRONMENTAL LAW ON WASTE MANAGEMENT AS A FORM OF IMPLEMENTING THE PRINCIPLES OF GOOD ENVIROMENTAL GOVERNANCE (GEG) BASED ON CHARACTER Elly Kristiani Purwendah; Daniel Joko Wahyono
Ganesha Law Review Vol. 6 No. 1 (2024): 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.v6i1.3409

Abstract

This research aims to find out how environmental law enforcement regarding waste management is implemented as a form of implementing the principles of good environmental governance (GEG) based on character values. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that waste management is currently still an unresolved problem. There are several laws and regulations that have a correlation with waste management in Indonesia, namely Law no. 32 of 2009 concerning Environmental Protection and Management and several other laws. Law enforcement in waste management refers to 3 legal systems which are a combination of components, namely structure, substance and culture. Regulations regarding environmental law enforcement regarding waste must also apply character values, so that the goal of environmental law enforcement can be achieved, namely creating a sustainable environment in order to achieve a just, orderly, prosperous and characterized society. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Law enforcement in waste management is also an embodiment of the government and local governments in implementing the principles of Good Environmental Governance with the aim of raising public awareness of a good and healthy environment.
JURIDICAL REVIEW OF CHANGES TO THE DECISION OF THE CONSTITUTIONAL COURT IN THE 2024 GENERAL ELECTION CONTESTATION REVIEWED FROM THE PERSPECTIVE OF INDONESIAN CONSTITUTIONAL LAW Agoes Djatmiko; Elisabeth Pudyastiwi; Elly Kristiani Purwendah
Ganesha Law Review Vol. 6 No. 1 (2024): 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.v6i1.3411

Abstract

This article aims to analyze changes to the decision of the constitutional court in the 2024 general election contestation from the perspective of Indonesian constitutional law. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that factors that influence changes in the Constitutional Court's decisions will be taken into account, such as legal developments, social changes and political shifts that may occur over time. Through a review of constitutional law, this article will also consider the influence of constitutionalist thinking and human rights principles in the Constitutional Court's decisions regarding elections. This research pays attention to changes in the constitutional interpretation by the Constitutional Court and their impact on the electoral process.

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