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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 128 Documents
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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.
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

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