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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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ANALISIS PELAKSANAAN DIVERSI TERHADAP ANAK PELAKU TINDAK PIDANA KEKERASAN (STUDI PUTUSAN NOMOR 3/Pid.Sus.Anak/2019/PN Rbg) I Nyoman Budiana; Ni Ketut Ananda Putri Pramessy
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11495

Abstract

This study illustrates the principles of legal protection for children who commit criminal acts in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System in Decision Number 3/Pid.Sus.Anak/2019/PN Rbg which refers to the application of sanctions and the principle of protection against children who commit criminal acts. The research method used is normative legal research. The first research result is the provisions for sanctions against children in accordance with those regulated in Law Number 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection which states that imprisonment can be applied to children if there is no final effort and it is carried out separately from adult prison. Second, efforts to protect children are carried out by imposing restorative and diversionary sentences if they meet the requirements of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Third, the implementation of diversion in the judge's decision is considered not optimal because of all the perpetrators, only one received sanctions. Judges in preparing court decisions should adhere to the concepts, principles and basics of restorative justice which prioritizes the restoration or improvement of the parties.
PROBLEMATIKA PERLINDUNGAN UPAH PEKERJA PADA UNIT USAHA DESA ADAT (BAGA UTSAHA PADRUEN DESA ADAT) DALAM PERSPETIF UNDANG-UNDANG NO 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Ida Bagus Brahma Kusuma; I Wayan Gde Wiryawan; I Wayan Eka Artajaya
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11496

Abstract

Indonesia as the 5th largest population country in the world, Indonesia has a very large labor force. Labor dynamics are very interesting to study and research more deeply because as a large population in Indonesia has switched, which used to make a living as a farmer but now more are working in the industrial sector which often causes many problems that have no end. The 1945 Constitution of the Republic of Indonesia in Article 27 paragraph (2) stipulates that “Every citizen has the right to a job and a livelihood worthy of humanity”. This provision raises issues related to the dilemma of workers with the concept of ngayah in the protection of workers' wages in the customary village business unit of the customary village? This arises from the phenomenon of dilemma between the concept of ngayah and the perspective of labor law. The concept of ngayah is a very principle thing by indigenous peoples on the basis of sincere values, which of course must get legal protection by the government against businesses that are done to produce in this case the business of baga utsaha padruen traditional village which oversees traditional village tourism with the management of the traditional village itself.
KONSEP COURTROOM TELEVISION DALAM PERADILAN PIDANA SEBAGAI IMPLEMENTASI ASAS TERBUKA UNTUK UMUM Putu Angga Pratama Sukma; Ni Komang Sutrisni
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11497

Abstract

The concept of courtroom television has been implemented in Indonesia but not in its entirety. The implementation of courtroom television in criminal justice still has pros and cons which of course can provide education to the public about the law and carry out judicial supervision. This study uses a normative legal research method. The validity of courtroom television from the legal aspect of the principle of being open to the public, the openness of this trial is basically the State of Indonesia as a country of law requires the enforcement of nomocracy that can truly be implemented objectively. The concept of courtroom television or courtroom television is a complete and live broadcast covered by the press in the courtroom with a set of electronic media equipment by means of broadcasting, to divert and focus attention on all subjects (Judges, Clerks, Public Prosecutors, Lawyers, Defendants and Witnesses or Experts) without any review or comment. Open trials to the public, born from the principle of due process of law which is inseparable from the history of Human Rights.
FEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA TAMBANG ILEGAL BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2020 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA DI WILAYAH HUKUM POLDA BALI I Wayan Pariawan; Cokorda Istri Dian Laksmi Dewi
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11498

Abstract

Illegal mining is an activity utilized mineral natural resources which is conducted by individuals or companies that doesn’t have permission in accordance with applicable regulations. The purpose of this research is to knowing the effectiveness of law enforcement of illegal mining crimes in the jurisdiction of the Bali Regional Police, as well as obstacles in law enforcement. This research is empirical juridical research with primary, secondary, and tertiary legal sources. The data collection in this research was carried using interview techniques, documentation studies, and observation. The data obtained was then processed qualitatively and systematically. The results of the research show that law enforcement for illegal mining crimes in the jurisdiction of the Bali Regional Police is not yet effective because many cases of illegal mining are still found every year. The obstacles faced include backups from irresponsible individuals, limited facilities and infrastructure, and a lack of legal awareness among the public.
Kedudukan Majelis Kehormatan Mahkamah Konstitusi Dalam Sistem Kelembagaan Di Indonesia Moch. David Herdiansyah; Tahegga Primananda Alfath
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11499

Abstract

This study analyzes the role and position of the Honorary Council of the Constitutional Court (MKMK) in maintaining the integrity and ethics of Constitutional Judges in Indonesia. Although MKMK has been legitimized through PMK Number 1 of 2023, in-depth studies on its position in the state institutional system are still limited. This research uses a normative approach with a focus on analyzing legislation and related legal concepts. The results show that MKMK acts as a quasi judicial body that handles violations of the code of ethics of constitutional judges, as well as a state support institution that supports supervision in the constitutional system. This research emphasizes the importance of a deeper understanding of the position of the MKMK to ensure its optimal function in accordance with the principles of the rule of law
PERTANGGUNGJAWABAN DEBITOR ATAS UTANG BARU YANG TIMBUL DARI GAGALNYA GOING CONCERN TANPA IZIN HAKIM PENGAWAS Vinsensius Jala; Putu Eka Trisna Dewi; Benyamin Tungga
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11500

Abstract

This research aims to analyze the problem of debtor responsibility for new debts arising from the failure of a going concern without the permission of the supervising judge. The method used to obtain answers to these research problems is normative juridical research using a statutory approach, case approach and conceptual approach, then answering research problems is based on primary legal materials and secondary legal materials collected using library study techniques. In this research, the results obtained show that bankrupt debtors who carry out going concern actions do not comply with the provisions regulated in the Bankruptcy Law, namely without permission from the supervising judge, this is an unlawful act which can be held accountable based on the principle of responsibility based on liability based on fault as regulated in Article 1365 Civil Code. In this way, the bankrupt debtor who is going concern without the permission of the supervisory judge is responsible for paying off all new debts that arise after going concern illegally.
PEMIDANAAN TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DITINJAU DARI HUKUM POSITIF DI INDONESIA Kadek Dwi Marta Prandika; Putu Eka Trisna Dewi; Karyoto
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11501

Abstract

The development of juvenile delinquency and criminal acts which is very significant at this time is influenced by several factors including, socio-economic factors, family factors (broken homes), social factors, environmental factors and rapid technological developments. Apart from the factors listed above, the most basic things are that children easily commit juvenile delinquency, where in current conditions children are rarely given an understanding regarding the consequences that will arise. Apart from that, the influencing factors are related to mitigating policies and the role of the government and existing officials who are still hesitant in making a decision. Actions carried out by children do not necessarily come from within the child, this also arises from environmental and social factors so that crimes will easily occur among children. From the actions taken there will also arise sanctions or a criminal process which will have a deterrent effect on children. This research uses a normative juridical method, by analyzing primary legal materials, secondary legal materials and tertiary legal materials using normative and qualitative juridical analysis, then arranged systematically. The types of legal materials that will be used are in accordance with the purpose of discussing this material, namely: Primary legal materials consisting of: Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
PENERAPAN POLA KUNJUNGAN BERBASIS ONLINE DI LEMBAGA PEMASYARAKATAN NARKOTIKA KELAS IIA BANGLI: IMPLIKASINYA TERHADAP PENGELOLAAN TAHANAN Anak Agung Gede Bhaskara; Ketut Sukawati Lanang P. Perbawa; Putu Lantika Oka Permadhi3
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11502

Abstract

In the era of modernization, many crimes that occur in Indonesian society always lead to the court process to declare guilty or not, by being found guilty must be given a punishment which is one of the forms of loss of freedom by being put in a penitentiary The community is always faced with news related to riots, illicit circulation of narcotics and escapes carried out by inmates or prisoners in the institution correctional facilities. With these problems, especially related to visit services at the Class IIA Bangli Narcotics Correctional Institution, namely by implementing restrictions on the number of visitors. In addition, an innovation was also carried out to improve services with an online visit registration service and a visit queue system to avoid the accumulation of visitors at the same time. The purpose of the study is to analyze related to the pattern of the implementation of online-based visits in the Bangli class IIA narcotics correctional institution seen in its implications for prisoner management. The type of research used in the research is empirical legal research with primary data research, analysis uses qualitative which aims to describe, summarize various conditions, situations and describe social phenomena in society that are the object of research to bring out a reality of the phenomenon. The results of the discussion The application of the online-based visit pattern in correctional institutions has various implications for prisoner management, some of the main implications are 1) Security management and supervision, 2) Logistics and technological infrastructure, 3) Time and resource management, 4) Legal and privacy aspects 5) Social and psychological impact and 6) Policy evaluation and adjustment
PERAN PENGADILAN DALAM PEMBERIAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEKERASAN SEKSUAL Paska Riando Purba; Debora
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11503

Abstract

Legal protection for child victims of sexual violence aims to realize children's human rights. Crimes of decency or moral offences and sexual harassment are two forms of violation of decency which are not only a matter of national law of a country but are legal problems of all countries in the world or a global problem. Sexual abuse of children requires special attention considering the consequences of sexual violence against children which results in prolonged trauma to children. Children who are afraid to tell the events they experience, have a great opportunity for the perpetrator to carry out the next action. The formulation of the problem in this study is how the role of the court in providing legal protection to children as victims of sexual violence, how the obstacles faced by the Tarutung District Court in providing protection to children as victims of sexual violence. This research uses a sociological juridical method, namely research on problems by looking at and paying attention to the applicable legal norms linked to the facts that exist from the problems encountered in the research. The legal protection provided by the court is medical rehabilitation which is a process of integrated treatment activities by restoring the physical condition of children, child victims and / or child witnesses.
Pengaturan Integrasi Kearifan Lokal dalam Penataan Lingkungan di Provinsi Bali A.A. Kt. Sudiana
Jurnal Hukum Saraswati Vol 7 No 01 (2025): JURNAL HUKUM SARASWATI MARET 2025
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i01.11504

Abstract

Building a pattern of environmental law enforcement system with the ADS approach based on local wisdom is an effort to integrate the cultural order with the structural order in regulating environmental protection and management. Economic development policies in Bali must not ignore local wisdom which has an important role as an environmental order, such as the Tri Hita Karana philosophy (regulating three harmonious relationships, namely; the relationship between humans and God, the relationship between humans and humans, and the relationship between humans and the natural environment). The three elements of the Hindu religious framework are the soul of Balinese culture (as aspects of local wisdom), among others, emphasizing that the acculturation between local Balinese culture and Hindu religion and culture gave birth to traditional Bali. With the application of customary sanctions in awig-awig and legal sanctions from the state which are carried out in an integrated, firm, and consistent manner. Based on various forms of local wisdom, namely; Desa Pakraman, Awig-Awig, Tri Hita Karana Philosophy, Holy Places (Tura), Lelipi Selahan Bukit/Wong Samar Myth, Wana Kertib/Tumpek Wariga Ceremony, and Animism Beliefs, which are used as tools for Environmental Management in Bali Province

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