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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
 1 
Search results for , issue "Vol 5, No 1 (2022)" : 8 Documents clear
PEMBERIAN BANTUAN HUKUM TERHADAP APARATUR SIPIL NEGARA (ASN) PELAKU TINDAK PIDANA KORUPSI PADA PENGADILAN TINDAK PIDANA KORUPSI DENPASAR Kadek Mery Herawati
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.417

Abstract

The right of the suspect to obtain legal assistance is a fundamental right guaranteed by law and the state to the suspect, applicable to all criminal legal processes, so that fair legal provisions are reached for the suspect, victim, and the community as a whole. When a State Civil Apparatus (ASN) is trapped in legal issues, the State should be present to defend by considering the principle of presumption of innocence. The objective to be achieved in this study is to provide legal understanding to the public regarding legal aid and sanctions for ASN who commit acts of corruption. Theories used in this research are Legal Certainty Theory and Justice Theory. The research method used is a juridical-normative research method. The results showed that the Legal Aid and Sanction Arrangements for ASN have been regulated in the Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus. However, sanctions against ASN have not been able to fulfill the legal ideals of justice, expediency, and legal certainty. This is because the substance of the formulation of Article 87 Paragraph (2), Article 87 Paragraph (4) letters b and d, Article 92 Paragraph (3) of the Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus, Jo Article 250 letters b and d Republic of Indonesia Government Regulation Number 11 Year 2017 Regarding Management of Civil Servants, Multiple Interpretations, raises doubts, obscurity, ambiguity, confusion, or has multiple meanings
MEDIASI PENAL DITINGKAT KEPOLISIAN DALAM MEWUJUDKAN RESTORATIF JUSTICE NI Made Rai Sukardi; I Wayan Eka Artajaya
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.422

Abstract

This research is entitled, "Penal Mediation at Police Level in Realizing Restorative Justice." The problem discussed in this study is the application of mediation by the police in handling criminal acts as an effort to realize restorative justice and factors that impede the application of mediation by the police in realizing restorative efforts. Justice. The writing method used in this study is Normative research. Mediation by the police in handling criminal cases as an effort to realize restorative justice. Criminal case resolution is specifically the crime of the police. The process of mediation is carried out by police investigators in order to resolve legal problems that occur, so that both parties feel they want justice. The inhibiting factor for implementing a restorative justice in the settlement of criminal cases is: The absence of legal rules governing the process of mediation in settlement criminal cases, the discretionary authority possessed by the police in taking steps to settle criminal cases has a digression, law enforcers sometimes hold fast to the formal legalistic principle so that the police, namely investigators, override the sense of justice and benefit in society
PENYIDIKAN KECELAKAAN LALU LINTAS MELALUI PENDEKATAN RESTORATIVE JUSTICE DI KEPOLISIAN RESORT TABANAN Nurianto Rachmad Soepadmo
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.418

Abstract

This study aims to determine the investigation of traffic accidents through a restorative justice approach. This research is a normative legal research with a statutory approach and a case approach. This research took place at the Resort Police of Tabanan Regency, Bali with the object of research being the case of a traffic accident. Every case in every traffic accident must be resolved in accordance with the provisions of the legislation. The settlement of traffic accidents that have been carried out through a restorative justice approach in the jurisdiction of the Tabanan Resort Police can be done by 1) Alternative Dispute Resolution, namely alternative dispute resolution, dispute resolution options outside the court, and cooperative dispute resolution mechanisms. 2) Diversion Settlement which is the transfer of the settlement of children's cases from the criminal justice process to a process outside the criminal justice system, as referred to in Article 1 number 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The obstacles in investigating traffic accidents with a restorative justice approach in the Tabanan Resort jurisdiction are the competence of investigators at the Tabanan Police Criminal Investigation Unit in the field of legal knowledge, statutory regulations, the criminal justice system and technical and tactical investigation skills are still not optimal.
EKSISTENSI LEX MERCATORIA DALAM PRAKTIK KONTRAKTUAL DAN PENYELESAIAN SENGKETA LINTAS NEGARA ANGGOTA PBB Deli Bunga Saravistha
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.423

Abstract

The different legal systems of countries in the world make many international conventions available, such as UNIDROIT, UNCITRAL, CISG, COMECON, and so forth. Despite this, the conventions have not been able to fully accommodate the interests of the parties in conducting international relations. The intended international relations can be in the form of political relations and also commercial business. Many conventions at the UN, but do not necessarily require all members to follow and submit to the contents of these conventions. One of the requirements to legitimize a convention in the national domain is to ratify the convention. Then practice it in his national legal culture. Lex Mercatoria exists as a flexible international law both for adherents of the Civil Law System, Anglo Saxon and the Socialist legal system. One organization that specifically regulates world trade is the WTO or World Trade Organization, which also regulates ways of international dispute resolution. The methods practiced by the WTO were later gradually used as international customs for various countries in the world, moreover for Indonesia which officially became a member of this organization. Indonesia also hereby issues national regulations in order to adapt to international customs in the world, one of which is the issue of transnational dispute resolution. So that in this case will be further studied and analyzed regarding: a). How is the implementation of the lex mercatoria principle in carrying out international business contracts implemented in cross-country relations between UN member states? and b). What is the mechanism for resolving business disputes in the event of default or unlawful conduct across the United Nations member states
PENERAPAN SISTEM ZONASI DALAM PENERIMAAN CALON PESERTA DIDIK BARU DI BALI I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.419

Abstract

Education is one of the problems that is often the center of attention in Indonesia because education is very important in improving the intelligence of the nation's life in Indonesia. Basically, according to the Constitution of the Unitary State of the Republic of Indonesia in Article 1 paragraph (3) it is stated that the Indonesian state is a legal state which means that every act of the state and citizens must be based on and based on law. In the Preamble to the 1945 Constitution of the Republic of Indonesia, it is emphasized that the state has an obligation to educate the life of the Indonesian people. One of the efforts to improve and equalize the quality of education in Indonesia is to implement a zoning system in the process of admitting new students. The provisions for the zoning system are contained in the Regulation of the Minister of Education and Culture Number 14 of 2018. With the enactment of this regulation in Indonesia, it seems that not 100 percent of parents or guardians of students have accepted the regulation. So that it reaped controversy, including the Province of Bali as one of the provinces in the Unitary State of the Republic of Indonesia. The problem is what are the factors that influence the controversy over public attitudes with the application of zoning in new student admissions with the issuance of the Minister of Education and Culture Regulation Number 14 Year 218 of the Province of Bali and how the government has made efforts to overcome the zoning problem in the Province of Bali. This type of research uses empirical legal research methods using primary data and secondary data and tertiary data. The main factor causing the controversy is the high difference between favorite and nonfavorite schools in the province of Bali so far so that the implementation of the zoning policy is rejected by some people. For this reason, the efforts made by the government are to carry out intensive socialization related to the application of zoning that can reach all lines and layers of society which aims to increase public awareness to participate in supporting zoning policies in the process of new student admissions.
HAK KEPEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA Ni Made Sumerti Asih; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.424

Abstract

For Indonesians and Indonesian legal entities, various land rights can be granted such as Hak Milik, Hak Guna Bangunan, Hak Guna Usaha, and Hak Guna Usaha, but for foreigners and foreign legal entities can only be granted Hak Use. Indonesian legal entities may be granted property rights for certain legal entities, such as socio-religious legal entities, foundations, cooperatives. The problem studied is that foreigners who are domiciled in Indonesia have the right to own a residential or residential house in Indonesia and the legal consequences if there is a violation of the ownership of a residential or residential house by a foreigner domiciled in Indonesia. According to Law Number 1 of 2011 concerning Housing and residential areas, Article 52 paragraph (1) states that foreigners can inhabit or occupy houses by means of Lease Rights or Use Rights. For a place to live, foreigners can rent houses owned by Indonesians or if they want to build their own houses, it is possible to control and use the land in question with Lease Rights or Use Rights. If the land in question is Indonesian-owned land, it can be with rental rights for buildings or use rights (Article 41 and 44 of the UUPA) and the legal consequences of violating the ownership of residential or residential houses by foreigners domiciled in Indonesia are legal consequences in the form of birth , change, or disappearance of a certain legal relationship and legal consequences in the form of sanctions, which are not desired by the legal subject. The legal consequence in the form of birth, change, or disappearance of a certain legal relationship is that since the right is requested either directly with the deed of release and deed of transfer of rights, then a new legal relationship is born, namely the transfer of rights or since the foreigner signs the deed of release and deed of transfer of rights. then at that time the party who gets the right or a foreigner becomes the legal owner
KAJIAN PERLINDUNGAN HUKUM TERHADAP PENYEDIA JASA TRANSPORTASI ONLINE DALAM PELAYANAN JASA DALAM PENGANGKUTAN PENUMPANG Desak Made Rai Ningsih
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.420

Abstract

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general there are two transportations, namely based on conventional and online. But the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers, so the issue of legal protection and the legal consequences of discriminating against online transportation service providers is a core problem in this research, namely the use of normative legal research methods using primary legal materials, secondary and tertiary as well as using the legislative approach and conceptual approach. The results of this study that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines
KEWENANGAN KEPOLISIAN DALAM PENANGANAN UNJUK RASA ANARKIS DI WILAYAH HUKUM POLDA BALI I Nyoman Suryana,
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.421

Abstract

Differences in principles in the state can affect demonstrations. Article 8 of Law Number 9 of 1998 confirms that the public has the right to participate in a responsible manner to make efforts to convey opinions in public in a safe, orderly and peaceful manner. However, in reality, this regulation is often not obeyed during demonstrations, resulting in anarchy. The problem in the research is regarding the authority of the police in handling anarchic demonstrations and the obstacles and efforts made in handling anarchic demonstrations that have an impact on security stability. This research uses normative legal research supported by empirical legal research, using primary, secondary, and tertiary legal materials. With a statutory approach, a fact approach, and a case approach. The result of the discussion is that the authority of the Bali Regional Police in law enforcement against anarchic demonstrations refers to Law Number 9 of 1998, whose handling is guided by Perkapolri Number Pol:16 of 2006, as well as its Services, Security, and Handling are guided by Perkapolri No. 9 of 2008. The Bali Regional Police constraint in dealing with anarchic demonstrations is internal constraints such as there are members who do not understand the applic ation of the rules and sometimes members cannot control their emotions as well as the delay in information on demonstrations. External obstacles include the person in charge of the demonstrators not seeking permission to protest, the infiltration of demonstrators without the knowledge of the person in charge, and demonstrators being influenced by alcohol. Efforts to handle cases of anarchic demonstrations are preventive measures such as socialization to the community and repressive efforts, namely law enforcement.

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