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INDONESIA
Jurnal Ilmiah Raad Kertha
Published by Universitas Mahendradatta
ISSN : 26206595     EISSN : 27235564     DOI : https://doi.org/10.47532/jirk.v3i2
Core Subject : Social,
Social Sciences
Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad Kertha accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 4, No 2 (2021)" : 8 Documents clear
PERTANGGUNGJAWABAN DIREKSI ATAS TINDAKAN KOMISARIS MELAMPAUI KEWENANGAN Erikson Sihotang
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.324

Abstract

A limited liability company is a legal subject just as humans have rights and obligations. The organs of the limited liability company consist of the General Meeting of Shareholders which is the highest organ of the company, the Commissioner who is in charge of supervising the running of the company, and the Board of Directors is the organ of the Foundation that carries out all company activities and is authorized to represent the company both inside and outside. Each of these organs has limited authority. However, in practice, the commissioners as supervisors of the company often take actions outside their authority, causing the company to lose money, while the directors are responsible for the existence of the company. In such a situation, as long as the board of directors does not authorize the company's commissioners to represent the company, then the commissioner's actions have exceeded his authority (ultravires) so that the responsibility for the company's losses is not borne by the directors but the commissioner must personally be responsible for his actions that harm the company.
PERLINDUNGAN HUKUM TERHADAP NASABAH ASURANSI PADA PERJANJIAN ASURANSI KESEHATAN DI PT ASURANSI RELIANCE INDONESIA Putu Sekarwangi Saraswati; I Wayan Wisadnya
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.330

Abstract

This study aims to determine the legal protection of insurance customers in the health insurance agreement at PT Asuransi Reliance Indonesia and the legal consequences if the insurance company defaults on the health insurance agreement made in the health insurance agreement at PT Asuransi Reliance Indonesia between the company and the insurance customer. Legal protection for insurance customers in the health insurance agreement at PT Asuransi Reliance Indonesia is based on the rights of the insured as stipulated in the insurance agreement to provide compensation to the insured, if the insurance company defaults, the judiciary can provide legal protection in the form of a fair decision for the insured who harmed by the insurance company if proven in court. The legal consequences if the insurance company defaults on the health insurance agreement made, there will be sanctions for non-compliance with registration obligations, providing compensation to insurance customers, the imposition of administrative sanctions is carried out after a written warning is given, given a maximum of 2 (two) times each. for a maximum period of 10 (ten) working days, returning the rights of the insured to the premium that has been deposited, criminal sanctions, based on the provisions of Article 55 of Law Number 24 of 2011, Companies that do not carry out their obligations as referred to in Article 19 of Law Number 24 of 2011 paragraphs 1 and 2, shall be sentenced to a maximum imprisonment of 8 (eight) years or a maximum fine of Rp. 1,000,000,000, - (One Billion Rupiah).
frediandrikastrong@gmail. com Kadek Frediandrika Adnantara
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.325

Abstract

Supervision of any tourism activity; Prepare human resources that are reliable in their field, provide services to every tourism and provide security and comfort to tourists who visit Denpasar, to give the protection of the tour guide should have a license as to the problem how is the legal protection form given to tourists visiting Denpasar city? And how is the influence of tourist visits to Denpasar city towards the tourism investment climate?, this study uses the Emperis research type that is conducting field research with a Guan interview getting accountable data. The form of legal protection given to tourists visiting Denpasar, is through the authority of the police unit Pamong Praja in the enforcement of the regional regulation of Bali Province number 5 year 2016 about tour guide in Denpasar City is to conduct in each tourist attraction by working with related agencies namely prosecutors; Of justice Guide through Control coordination. Sidak/or sweeping Silakukan in accordance with the trust Perda number 5 year 2016. When a travel guide is found to be infringing, then it can be carried out in place and/or conducted investigation and investigation by PPNS until the proceeding, the other form of protection provides a sense of security and comfort to the tourists who visit the City of the tour guide in order to provide clear and strict information to the tourists both outside the attraction and while in the tourist attraction and the influence of tourists visit to Denpasar city against Tourism investment climate is able to contribute to the local revenue, open employment, improve accommodation and tourism investment, the development of tourism attraction in Denpasar city with a view of cultural tourism
PENEGAKAN HUKUM DISIPLIN ANGGOTA POLISI REPUBLIK INDONESIA DALAM PERSPEKTIF GOOD GOVERNANCE & CLEAN GOVERNMENT Gusti Ayu Kade Komalasari; Ni Ketut Wiratni; Anak Agung Gde Putra Arjawa
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.331

Abstract

The Republic of Indonesia National Police (Polri) as one of the institutions that carry out the public service function is required to be able to provide the best service to the community by displaying professional and reliable unity performance in their fields. The Criminal Procedure Code, gives a role to the National Police of the Republic of Indonesia to carry out the tasks of investigation and investigation of criminal acts (generally) without limitation of the power of the nature as long as it is included in the scope of public law. Based on the descriptions in the background, the problem above, the problems that can be formulated in this study are: How is the Law Enforcement of Polri's Discipline in Realizing Good Governance and Clean Governance, What obstacles are faced by Polri's Discipline Enforcement in realizing Good Governance and clean governance The theory used to analyze the problems of the Law State Theory, Hirarkhi Theory Legal Norms, Authority Theory, Law Enforcement Theorem, Government Concepts and Clean Government This type of research is normative legal research supported by empirical legal research. The approach used by the author is the Law approach (Statute approach), legal concept analysis approach (analytical conseptual approach), comparative approach. Sources of Primary Legal Materials and secondary legal materials, namely materials that provide an explanation of primary legal materials, such as the results of seminars or other scientific meetings, Secondary legal material is the Legal Material Collection Technique carried out by a card system (collecting system) material both legislation, documents, library materials and other research results related to the subject matter. Processing techniques and legal material analysis, carried out qualitatively, legal materials are collected and analyzed descriptively (in parallel and coherently) in the form of description. Conceptual law enforcement and law enforcement as a process is realized with an indicator that the factors that influence the implementation of disciplinary law enforcement by Polri are guided by: Law enforcement / personal rules, infrastructure facilities that need to be held for disciplinary law enforcement processes for police members in cultural factors, Constraints - constraints faced by Polri Discipline Enforcement in realizing Good Governance and Clean Governance. The police are expected to behave and behave in a consistent manner with the vision, mission, code of ethics built by the Indonesian National Police. In its implementation there is still the interference of state officials, the political elite towards the implementation of Polri's duties so as to influence the disciplinary members of the National Police.
KAJIAN HUKUM TERHADAP TINDAK PIDANA PERUSAKAN GEDUNG MILIK ORANG LAIN SECARA BERKELOMPOK I Nyoman Suandika; Ni Luh Sayu Hary Sudewi
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.326

Abstract

The 1945 Constitution of the Republic of Indonesia in Article 1 Paragraph (3) confirms that the State of Indonesia is a state of law. The affirmation of the rule of law implies that every action of the state and citizens must be based on and based on the law. Demonstrations that are destructive in nature can disrupt campus order and security. Demonstrations that end in vandalism often result in fatalities and injuries, both from the protesters and from the security forces at the demonstration, namely campus security units and even police. The reality shows that there are still frequent demonstrations or demonstrations that lead to the destruction of campus facilities, which greatly disturbs the comfort and order in carrying out campus activities. Starting from this reality, several problems arise in this thesis, namely what are the factors that influence the criminal act of destroying other people's buildings which are carried out in groups and what are the legal sanctions for the criminal acts of destroying other people's buildings in groups. The type of research used in this study is a normative legal research type, namely by reviewing or analyzing legal materials from the literature or books and laws and regulations related to the research to be discussed, using the statute approach and the fact approach. The results of the discussion of this thesis are the factors that influence the criminal act of destroying other people's buildings which are carried out in groups, namely environmental factors, social factors, social control factors, and religious factors, as well as provocation factors. Legal sanctions for the criminal act of destroying buildings belonging to other people in groups are regulated in the provisions of Article 408 of the Criminal Code concerning destroying and destroying goods as described in Article 408, which reads that whoever intentionally and unlawfully destroys, damages or renders train buildings unusable. fire, tram, telegraph or electricity, or buildings to stem, divide or distribute water, gas lines, water or channels used for public purposes, is punishable by a maximum imprisonment of 4 (four years).
PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM KASUS TINDAK PIDANA PENCABULAN Kadek Dedy Suryana; Putu Angga Sarmawan
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.327

Abstract

Obscenity is a crime that attacks the honor of decency and is against morals and religion. Because obscenity is a violation of human rights that often occurs and there is no justification for it. Obscenity is an act that is condemned by the community and it can happen from those who have very close family relationships or close relatives with the victim. Nowadays cases of sexual abuse also involve elements of the sulinggih. Sulinggih is a person who has received purification through a ceremony called madiksa. A walaka who has been educated gets a position as a sulinggih or sadhaka. The problems that will be investigated by the author are 1) How is the regulation of the application of the principle of equality before the law in the case of criminal acts of sexual abuse by unscrupulous persons? The objectives of this research are as follows, among others, to determine the regulation of the application of the principle of equality before the law in the case of the criminal act of sexual abuse by unscrupulous individuals. The type of research used is a normative legal research type, namely by reviewing or analyzing legal materials from the literature or books and laws and regulations related to the research that will be discussed. The results of this study are the regulation of the application of the principle of equality before the law in the case of the criminal act of sexual abuse by unscrupulous individuals who are regulated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which affirms that all citizens have the same position under the law, which is further regulated in the Act. -Law Number 48 of 2009 concerning Judicial Power article 4 (1) which states that the Court will judge according to the law without discriminating against people. Legal sanctions for criminal acts Obscenity is regulated in Articles 289 to 296 of the Criminal Code. Article 290 of the Criminal Code, namely: Whoever commits an obscene act with a person, even though he knows that the person is unconscious or incapacitated, whoever commits an obscene act with someone even though he knows or should have guessed that his age is not yet fifteen years or if the age is not clear, the person concerned is not yet ready for marriage, and whoever persuades someone whom he knows or should reasonably suspect that he is not yet fifteen years old or if his age is not clear, the person concerned is not yet ready for marriage, to commit or allow an act to be committed. obscene or have sex outside of marriage with another person
ANALISIS HUKUM PEMUTUSAN HUBUNGAN KERJA PADA MASA PANDEMI COVID -19 I Komang Edy Dharma Saputra
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.328

Abstract

The protection of workers and workers gets special attention in the concept of the rule of law relating to human rights. The issue of termination of employment has received an additional burden since the entry of the Covid-19 pandemic. Protection for workers and workers in the current pandemic situation can be linked to the concept of the rule of law related to the context of Human Rights. The COVID-19 pandemic has had a negative impact on the national economy. This of course can trigger companies to terminate their employment, because some companies are no longer able to pay the salaries of their workers. The termination of employment is considered to be a path that must be used by employers to avoid significant losses. This will certainly have an impact on increasing the number of unemployed in Indonesia.
TINJAUAN YURIDIS MENGENAI PENYALAHGUNAAN PERJANJIAN LISENSI HAK MEREK DAN AKIBAT HUKUMNYA MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Anak Agung Poetri Paranity; I Nyoman Suryana
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.329

Abstract

In the last decade, along with the free trade of information and communication globalization, there is no doubt that the issue of the existence of a legal system of Intellectual Property that is closely linked to technological developments, industrial growth and the smoothness of world trade is a very important issue whose existence has been globally recognized. Brands that are part of Intellectual Property Right at first are just a sign that consumers can differentiate their products or services from one another. With consumer brands it's easier to remember what's needed, and quickly determine what it will buy. In its development the role of the brand is changing. Brand is not just a sign, but a lifestyle. No brand entrepreneur can not promote his goods or services to the public at large and maximum. Likewise, people can not distinguish the quality of goods or services from one another. On the other hand, today's emerging business competition may pose a problem for brand rights where the brand is seen by business actors as one of the business opportunities in obtaining profit through unfeasible shortcuts by creating or marketing goods or products by forging or impersonating a brand -the famous brand. This can lead to an unhealthy competition. Unhealthy business competition may occur due to a transfer of brand rights, one of which may occur in a brand rights license agreement. The licensing agreements, especially those concerning the trademark, constitute a special agreement for the parties to which they are bound, as they relate to the Intellectual Property Rights which are related to each other. The license agreement is a closed agreement (tying agreement), the agreement is an agreement that is prohibited in Law No. 5 of 1999, but in the Act issues of agreement relating to Intellectual Property Rights such as brand license agreement are exempted. Since the explanation of the exclusion of the license agreement pursuant to Law Number 5 Year 1999 raises multiple interpretations or legal obscurity in the exclusion of licensing agreements relating to the rights of brands and Intellectual Property Rights so there is need to clarify the limitation of exceptions and in what respects such a license agreement excluded.

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