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INDONESIA
Jurnal Hukum Saraswati
Published by Universitas Mahasaraswati
ISSN : 2715758X     EISSN : 27209555     DOI : https://doi.org/10.36733/jhshs.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Saraswati (JHS) is a journal that contains legal issues that are critically discussed by writers working directly in the field of law. This journal is published twice a year, in March and September and published by the Faculty of Law, Mahasaraswati University, Denpasar.
Arjuna Subject : Umum - Umum
Articles 190 Documents
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PERAN DESA ADAT SANGEH DALAM PENGEMBANGAN WISATA SPIRITUAL DI DAYA TARIK WISATA PANCORAN SOLAS TAMAN MUMBUL Anak Agung Mayun Widiastiti Utami; Nyoman Andika Kerta; Putu Milla Permatasari; Komang Dita Kusuma Anthara; I Made Krisnan Wijaya Putra; Cokorde Istri Dian Laksmi Dewi; Dumaria simanjuntak; Made Anggia Paramesthi Fajar
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Spiritual tourism is one proof that tourism developed in Bali is tourism based on Balinese cultural tourism which is based on the teachings of the Hindu religion. The absence of complete and comprehensive regulations in regulating spiritual tourism in Bali that can provide protection for spiritual tourism objects places Traditional Villages in Bali and Balinese Customary Law as the front guard in protecting the preservation of cultural values, customs, religion and the village environment. local customs. The research used is an empirical legal research method. The approaches used to solve the problems in this research are the statutory approach (The statue approach), the Cultural Approach (The Culture Approach), and the Conceptual Approach (The Conceptual Approach). The role of the Sangeh Traditional Village is as the main character in developing spiritual tourism at the Pancoran Solas Taman Mumbul tourist attraction so its role is very strategic in promoting and managing the tourist attraction in order to improve the village economy, besides that the Sangeh Traditional Village must also play an active role in maintaining its sustainability. cultural values, customs and religion besides. Meanwhile, the role of customary law in developing spiritual tourism at the Pancoran Solas Taman Mumbul tourist attraction is as a controller of tourism flows. Customary law which is embodied in the form of traditional village awig-awig and pararem provides a sense of legal certainty in attitudes and actions, besides that it can also preserve the sacredness and preservation of the culture and nature of spiritual tourist attractions
PERLINDUNGAN HUKUM TERHADAP SAKSI PELAKU (JUSTICE COLLABORATOR) DALAM TINDAK PIDANA KORUPSI Irwan Effendi; Ida Ayu Eka Putri Yuliandari
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Guarantees for the implementation of certain rights regulated in article PSK Law there is no explanation of how to implement the regulations and provide the rights listed and contained in article 5, resulting in witnesses unwilling and unwilling to give statements before the court. Formulation of the problem (1) how is the legal protection for the witnesses of the perpetrators (Justice Collaborator) in corruption? (2) What is the criminal sanction given to the witnesses of the perpetrators (Justice Collaborator) against criminal acts of corruption? In writing this thesis, the legal research used is normative legal research. Using analysis of legal interpretation in order to answer the problems raised. As for the legal protection for witnesses of the Justice Collaborator against corruption, it is deemed necessary, considering that to guarantee the security of the perpetrators themselves while giving their testimony and testimony in court. Criminal sanctions are given to witnesses of the Justice Collaborator against corruption, namely the Judge may consider the conviction of a criminal conviction for conditional probation and / or imprisonment in the form of the lightest imprisonment among other defendants found guilty, as well as providing special treatment for witnesses of the offender cooperate and get special handling also in detention, file inspection and security while giving testimony. Protection for witnesses of perpetrators can be seen as very necessary, given to guarantee the security of the perpetrators themselves while providing information and testimony in court. Judges may consider convicting them with consideration of imposing special conditional probation penalties and / or imposing penalties in the form of the lightest imprisonment among other defendants who are proven guilty and provide special treatment.
PERANAN BANTUAN HUKUM TERHADAP MASYARAKAT DALAM MENANGANI PERMASALAHAN HUKUM Kadek Frediandrika Adnantara
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The right to legal aid is a human right that conflicts with the law. Legal Aid is a form of access to justice for those affected by legal sanctions. Access to legal aid is also a perversion of equality before the law. Access to legal aid is a human right, especially for underprivileged communities. In this context, Legal Aid centers play an important role in fighting for the rights of the poor and underprivileged, improving their access to the justice system and other legal services.This research will provide knowledge about the role of legal aid centers for the poor and underprivileged. This type of research is normative legal research, answering research questions through empirical support of the Legislation method and analytical methods. The Legal Aid Center has an important role in the application of Law in Court, especially in assisting and/or exercising its authority at the Investigation and Prosecution level, as well as in the Trial Review process until the completion of the case. the case or the judge's final decision
PERAN MAHKAMAH KONSTITUSI DALAM KONSTITUSIONALITAS HASIL PEMILU Mochammad Sukedi; Gede Eka Rusdi Antara; Putu Kusuma Dwi Wulandari
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Independence of the Constitutional Court (MK) in resolving electoral disputes within the context of Indonesia's constitutional democracy. The abstract outlines the constitutional principles governing Indonesia's governance structure, emphasizing the sovereignty of the people and the rule of law. It explores the significance of free and fair elections as a manifestation of democracy, along with the legal framework regulating elections in Indonesia. Furthermore, the abstract examines the jurisdiction of the MK in resolving electoral disputes, highlighting the evolution of the MK in upholding constitutionalism and ensuring democratic processes. The methodological approach used in the research, namely juridical-normative, focusing on legal sources and doctrinal analysis, is also discussed. Overall, the abstract provides a comprehensive overview of the research objectives, methodology, and key findings regarding the role of the MK in safeguarding Indonesia's constitutional democracy.
ANALISIS SANKSI HUKUM ATAS PERTANGGUNGJAWABAN PEMERINTAH TERHADAP INSIDEN BOCORNYA DATA PRIBADI MASYARAKAT DARI PUSAT DATA NASIONAL (PDN) INDONESIA Anak Agung Putu Wiwik Sugiantari; I Wayan Gde Wiryawan; I Gusti Bagus Hengki; Ni Nyoman Manik Gita Asrita; I Kadek Agus Aditya Putra
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The concept of legal responsibility is related to legal obligations, which means that a person is legally responsible for their actions and can be subject to sanctions if their actions conflict with their obligations. The term governmental liability is a form of accountability resulting from government actions that violate the law. One of the things that the government must be held accountable for is the failure to protect the personal data of Indonesian citizens in the incident where the National Data Center was breached due to a weak national defense system. This research discusses legal sanctions that can be applied to the government and the implications of these sanctions in the world of law in Indonesia. The methodology that researchers use is a normative legal research methodology with a statutory and regulatory approach, where the results are presented using analytical descriptive techniques. The aim of this research is to find new legal facts in the field of data protection. It can be concluded that the sanctions imposed within the scope of government office responsibilities for failure to protect personal data are in the form of administrative sanctions or civil sanctions, while from the perspective of personal responsibility they can be in the form of administrative sanctions or civil or criminal sanctions. The existence of legal sanctions for protecting personal data (UU PDP, UU ITE) has created a definite legal atmosphere, but these regulations have not been effective in preventing the onslaught of various types of multi-diverse risks in the cyber world
Tinjauan Yuridis Terhadap Undang Undang Nomor 4 Tahun 2016 Tentang Tabungan Perumahan Rakyat (Tapera) Kadek Apriliani; I Gusti Ayu Sita Maharani; Dennis Santoso Ratu
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

This study examines Law No. 4 of 2016 and Government Regulation No. 21 of 2024 regarding Tapera (Tabungan Perumahan Rakyat) and evaluates the legal protection for participants in disputes using a normative method. The focus of this research is on the alignment of Tapera regulations with the principles of social justice within the Indonesian legal system. The findings indicate that Tapera is designed to meet the housing needs of low-income communities, reduce socio- economic disparities, and ensure transparency and accountability in fund management. However, the policy has been criticized for imposing significant salary deductions on workers, especially during difficult economic conditions. Legal protection for participants, including clear and transparent dispute resolution mechanisms, is essential to ensure fairness and security. This study concludes that improvements in the implementation of Tapera are necessary to achieve the national housing goals equitably and fairly.
PERBUATAN MELAWAN HUKUM BANK DALAM LELANG HARTA WARISAN SEBAGAI JAMINAN DENGAN HAK TANGGUNGAN PERSPEKTIF KEADILAN I Gusti Ngurah Anom
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

The role of banks is very important in economic development in Indonesia, especially for people who have business skills but are hampered by a lack of capital, so they need financial assistance to run their business smoothly. In accordance with the Law of the Republic of Indonesia No: 10 of 1998 concerning Banking, it is stated that when providing credit to the public, the 5 C elements must be taken into account, namely Capacity, Collateral, Character, Capital and Economic Conditions. To guarantee the safety of returning credit to the bank, the debtor is required to provide collateral to the bank, so that if the debtor is unable to repay the debt, the collateral will be sold/auctioned. In carrying out the auction of collateral objects, disputes often arise between the bank and the debtor, especially since the debtor who signed the credit agreement has died and the inheritance left behind has become collateral at the bank which is burdened with Mortgage Rights. Debtors often argue that the auction action carried out by the bank is an act against the law, as in the Civil Case Decision at the Denpasar District Court No: 1299/Pdt.G/2024/PN.DPS.The issue being discussed is whether submitting an auction by the bank for debt collateral is an unlawful act, then how is the heirs' fair protection for inherited assets as debt collateral being auctioned by the bank. The research method used is normative legal research The results of the research show that the legal protection for the debtor if the collateral is auctioned is to return the remainder of the auction proceeds to the debtor if there is still any remaining after deducting all the debtor's obligations. The auction carried out by the bank for collateral objects owned by the debtor is not an unlawful act because it is in accordance with applicable regulations
TINJAUAN YURIDIS TANTANGAN CROWDFUNDING DALAM RANGKA UPAYA PREVENTIF PENCEGAHAN KEJAHATAN EKONOMI Ni Putu Yuliana Kemalasari; I Wayan Gede Subawa
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Peer to Peer Lending (P2PL) has emerged as a phenomenon in the financial landscape of Indonesia, providing easier access to funding for small and medium-sized enterprises (SMEs). However, this service also brings risks such as financial crimes and data privacy violations. In this context, it is crucial to examine the contractual agreements in P2PL, particularly concerning fairness and legal security for both parties involved. This article proposes an analysis of standard contracts in P2PL, tracing their legal framework and discussing their implications for fairness, utility, and legal certainty. Furthermore, the article highlights the risks of financial crimes in P2PL, including the roles of illegal operators and data privacy breaches. Considering the role of the Financial Services Authority (OJK) in regulating technology-based financial services, this research offers insights into the challenges and opportunities in maintaining the integrity and security of P2PL services in Indonesia.
KEDUDUKAN ANAK ANGKAT DALAM PEMBAGIAN HARTA WARIS MENURUT PERSPEKTIF HUKUM ADAT BALI I Wayan Wahyu Wira Udytama; Yogi Yasa Wedha; Ni Nyoman Ayu Tri Sukmarini
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

In Indonesia, the phenomenon of child adoption is very common even though in each traditional region, there are various different procedures and systems. In some cases, adopted children completely sever their relationship with their biological parents, and in other cases there are also those who retain the right to continue their relationship with their biological parents. The definition of an adopted child in Bali is someone else's child who someone takes, cares for and treats as their own offspring. In its development, adoption of children in Bali is no longer in accordance with existing regulations, especially the conditions for children being adopted. The adoption of a child will also result in inheritance for the adopted child himself. This development certainly raises its own problems, both regarding the adoption of children and their inheritance. So based on the description above, the aim of this research is to examine the traditional procedures for adopting children according to the Balinese Customary Law Perspective as well as the position of adopted children regarding their parents' inheritance
PERLINDUNGAN HUKUM TERHADAP DEBITUR ATAS PERMOHONAN PAILIT YANG DIAJUKAN OLEH KREDITUR TIDAK BERITIKAD BAIK Syarifah Rohmatulloh; Putu Eka Trisna Dewi; Karyoto
Jurnal Hukum Saraswati Vol 6 No 2 (2024): JHS SEPTEMBER 2024
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

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Abstract

Protection of debtors is very important, in order to guarantee certainty, justice and legal benefits in society. Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. This regulation was issued in order to provide certainty, justice and legal benefits as well as fulfill business interests in resolving all issues related to the company's debts. Apart from that, this regulates the protection of the rights of the parties in the subject of bankruptcy. However, sometimes existing regulations are not implemented properly so that the effectiveness of existing regulations does not apply optimally. So maximum efforts are needed to achieve a desired legal goal. In this research the author uses normative juridical research methods by examining the extent to which Law Number 37 of 2004 can overcome problems related to debtors in bankruptcy. The insolvency test is a form of legal protection for debtors who still have good solvency and have good intentions.

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