cover
Contact Name
lis Julianti
Contact Email
fakultashukum@unmas.ac.id
Phone
+6281999418102
Journal Mail Official
fakultashukum@unmas.ac.id
Editorial Address
Jalan Kamboja No 11A Denpasar
Location
Kota denpasar,
Bali
INDONESIA
JUMAHA
ISSN : -     EISSN : 28086864     DOI : https://doihttps://doi.org/10.36733/jhm.v1i2,
Core Subject : Social,
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Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
Search results for , issue "Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA" : 24 Documents clear
EFEKTIVITAS SISTEM ONLINE SINGLE SUBMISSION RISK BASSED APROACH (OSS RBA) DALAM PENDAFTARAN NIB DI DINAS PENANAMAN MODAL DAN PELANAN TERPADU SATU PINTU PROVINSI BALI Yunia Putri, Ni Kadek; Udytama, I Wayan Wahyu Wira
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Complex bureaucracy and slow licensing processes hinder growth and investment in Indonesia. Although the government has introduced the OSS RBA policy to improve the licensing system, challenges remain, including limited understanding and technical difficulties, as well as inadequate IT infrastructure. This study identifies the need for education, training, technical assistance, and enhanced coordination between local governments and the OSS RBA platform administrators to address these issues. An empirical legal research method was used, with data collected through observation, interviews, and document studies. The findings are expected to provide insights into the effectiveness of OSS RBA in NIB registration at the DPMPTSP of Bali Province and the challenges faced in its implementation.
PERLINDUNGAN HUKUM TERHADAP KORBAN MODUS LOVE SCAM DALAM SITUS KENCAN ONLINE DI INDONESIA Sephia Putri, Ni Kadek Dinda; Saraswati, Putu Sekarwangi
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The phenomenon of globalization influencing the development of human civilization, along with the increasing role of the internet and social media in daily life, has led to new challenges such as the rise in love scam cases utilizing technology for criminal activities. The legal conditions in Indonesia, which currently lack specific regulations to address love scam crimes, underscore the need for in-depth research on legal protection for victims of love scams on online dating sites. This study formulates the research problems: 1) legal regulations concerning victims of love scam schemes in Indonesia, and 2) legal protection for victims of love scam schemes on online dating sites. The research employs a normative legal research method by adapting legislative and conceptual approaches, with legal material collection techniques using literature study methods involving prescriptive analysis. Legal regulation regarding perpetrators of love scams in Indonesia faces normative conflicts between Article 378 of the Criminal Code (KUHP) and Article 28 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), leading to legal uncertainty. Law enforcement is challenged in determining which article is more appropriate for prosecuting love scam perpetrators. Therefore, it is necessary to protect victims through education efforts, physical and security protection, fair and transparent legal processes, protection from threats, post trauma recovery, assistance from relevant experts, and protection of victims' identities.
TINJAUAN YURIDIS PUTUSAN YANG BATAL DEMI HUKUM DIHADAPKAN DENGAN ASAS NE BIS IN IDEM (PUTUSAN NO. 612/PID.B/2023/PN DPS) Dewi, Putu Putri Pradnyani; Kariyasa, I Made
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

An invalid verdict in favor of an indictment is a judge's ruling that an indictment made by a public prosecutor is less appropriate to file because it does not correspond to the scene and place where the indictment was filed. At this stage, legal counsel has the opportunity to raise objections related to absolute and relative authority in the relevant matter. In this judgment no. 612/Pid.B/2023/PN Dps his indictment was rejected by the court due to his relative authority. The disgrace in this study, namely (1) What factors are the factors of the annulment in favor of the law? (2) How can a judgment declared void by law be appealed if it is associated with the principle of Ne Bis In Idem? The study uses a normative juridical approach. The hokum materials used in this study are based on primary, secondary, and tertiary legal materials. There are two theories used in this study, namely the Theory of the Legal System and the Theory of Authority. In addition to these two theories, there are two principles used, namely the Principle of Legal Certainty and the Principle of Ne Bis In Idem.
URGENSI INFORMED CONSENT DALAM PENYELESAIAN SENGKETA MEDIS Wijaya, I Made Adi Partha; Wedha, Yogi Yasa
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Informed consent in medical is a completeness, a necessity made by doctors before carrying out planned medical actions. The formulation of the problem in this study is how informed consent is regulated according to Indonesian law and why informed consent is important in medical dispute resolution. This research uses normative research methods with primary and secondary legal sources and uses statutory and conceptual approaches. The results showed that the regulation of informed consent according to Indonesian law is regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 290 / Menkes / Per / III / 2008 concerning Approval of Medical Actions and Law Number 17 of 2023 concerning Health. The position of informed consent in medical disputes functions doubly, namely from the doctor's side it is used as legal protection and a guarantee that the patient understands and agrees to the actions to be taken and from the patient's side as a manifestation of the right to self-determination which includes the right to obtain complete information about the benefits and risks of medical decisions taken.
PERAN INTELIJEN KEPOLISIAN DALAM PENGUNGKAPAN TINDAK PIDANA PEMBUNUHAN DIKEPOLISIAN RESOR KOTA DENPASAR Murni, Selfiani Rosdiana; Hengki, I Gusti Bagus
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Murder is the act of taking another person's life by breaking the law or not breaking the law. Murder is also a heinous act that takes the life of another person intentionally or unintentionally. The purpose of this research was to determine the role of intelligence in disclosing criminal acts of murder and the factors that influence the function of implementing intelligence in the Denpasar City Police Department. The research method used by the author is empirical legal research. The type of approach used is a sociological approach with data collection techniques using observation, interviews and documentation where after the data has been collected it will be analyzed using qualitative methods. The results of this research show that the role of police intelligence in disclosing criminal acts of murder in the Denpasar City Resort Police is really needed by the people of Denpasar City.
PERLINDUNGAN HUKUM TERHADAP PENDAMPINGAN ANAK SEBAGAI SAKSI KORBAN DALAM PERADILAN ANAK Wulandari, Made Indri; Lestari, Anak Agung Adi
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Legal protection efforts for children are very important to ensure that their rights are guaranteed and they do not experience additional trauma from the judicial process. Based on the conditions in several scientific work reports and in the case of decision Number 16/Pid. sus-Anak/2021/PN Dps, the author found that there was no mention of the role of assisting children as victim witnesses, which is certainly contrary to legal norms and regulations. The focus of the research problem is legal protection for assisting children as victim witnesses, as well as the process of protecting children as victim witnesses in assistance by related institutions. The research uses empirical legal research. The research results show that the role of related institutions in assisting children as victim witnesses, especially those carried out by UPTD PPA, shows that there is assistance for children as victim witnesses. However, legal protection for assisting children as victim witnesses has not been fully effective because law enforcers still ignore the role of assisting children as victim witnesses so that assistance is rarely provided in the juvenile justice process.
KEWENANGAN KEPOLISIAN DAERAH BALI DALAM PENANGANAN KASUS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH WARGA NEGARA ASING (WNA) TERHADAP WARGA LOKAL YANG VIRAL MELALUI MEDIA SOSIAL Salu, Chintia Bongga; Susrama, I Nengah
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The authority of the police in handling cases of criminal acts of persecution committed by foreign nationals that go viral through social media is often a public discussion. The problem in this case is how the authority of the police in handling cases of criminal acts of persecution committed by foreign nationals that went viral on social media and the inhibiting factors in handling the case. This research was carried out in the jurisdiction of the South Kuta Police Chief. The type of research used is empirical law using legal system theory, law enforcement theory and authority theory. From the results of the research conducted in this case, the police often wait for complaints or reports first, because there are no reports or complaints that the perpetrators flee or hide, there is a lack of evidence obtained by the police. The police already have an online service to receive complaints from the public, making it easier for people to use their personal social media to participate in law enforcement in Indonesia.
PENGATURAN KEIMIGRASIAN TENTANG VISA DAN IZIN TINGGAL BAGI DIGITAL NOMAD DI BALI Tresnawan, I Made Pieri Rayana; Julianti, lis
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Digital nomads are developing rapidly in Bali, this rapid development has not been able to be monitored optimally and effectively. The large number of Digital nomad tourists who enter using only visit visas is considered to be very detrimental in terms of foreign exchange income for the country. Research into the arrangements for Digital nomad visas and residence permits in Bali must be carried out with the aim of discussing the lack of clarity in the regulations governing this matter. This research discusses the regulation of visas and residence permits for foreign citizens in Indonesia and the legal consequences of the lack of regulations related to their regulation. The results of this research are that many foreigner take advantage of this regulatory vacuum which causes misuse of visas and residence permits for foreigner in Indonesia.
PERLINDUNGAN HUKUM TERHADAP HASIL PRODUKSI USAHA MIKRO KECIL DAN MENENGAH MELALUI PENDAFTARAN HAK MEREK DI KABUPATEN GIANYAR Anggreni, Ni Made Manik; Citra, Made Emy Andayani
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The purpose of this research is to find out, understand how legal protection is for MSME products in Gianyar Regency and to find out what influences business actors not to register their trademarks. The research used in this research is a type of empirical legal research. The problem approach used by the author in writing this legal research is using the fact approach (The Fact Approach) and the Statute Approach. The fact approach is an approach whose implementation uses data collection techniques based on facts regarding real conditions or actual conditions that occur. in the field. Brand protection is provided when there is a brand violation committed by a party who does not have the rights to a brand. The factors that influence business actors not to register their trademarks are external and internal factors.
PERLINDUNGAN HUKUM TEHADAP LAHAN TERBUKA HIJAU YANG BERALIH FUNGSI AKIBAT PENERAPA SISTEM SINGLE SUBMISSION (OSS) DI DESA PERRENAN BADUNG Bidiawati, Ni Wayan; Permadhi, Putu Lantika Oka
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Green open space is an elongated area/path and/or cluster, whose use is more open, where plants grow, both those that grow naturally and those that are deliberately planted. As regulated in Article 1 number 31 of Law Number 26 of 2007 concerning Spatial Planning (UUPR), however, in Pererenan Village, many green open areas such as rice fields have been converted into buildings due to the implementation of the online single submission system. From the background above, the author will discuss about regulation of the implementation of OSS system permits and legal protection for green open land that has changed its function in Pererenan Badung Village. This research uses empirical legal research methods with a sociological approach. The data used are primary data, secondary data, and tertiary data which were collected using document study techniques, interview techniques, and observation techniques which were then analyzed using qualitative data analysis and then the research results were presented descriptively. The results of this research are in the setting of permit implementation OSS and legal protection seen from 3 (three) elements of action, namely pre-emptive, preventive and repressive.

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