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INDONESIA
JUMAHA
Published by Universitas Mahasaraswati
ISSN : -     EISSN : 28086864     DOI : https://doihttps://doi.org/10.36733/jhm.v1i2,
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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Arjuna Subject : Ilmu Sosial - Hukum
Articles 211 Documents
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PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANAK DI BAWAH UMUR SEBAGAI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DI POLRES KARANGASEM Ni Nyoman Adi Weda Astuti; Ni Komang Ratih Kumala Dewi
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Children are the nation's buds who have the potential to become the younger generation to continue the ideals of the nation's struggle who have a strategic role, and have special characteristics and characteristics that guarantee the continued existence of the nation and state in the future. One of the criminal acts that has become a phenomenon lately is the crime of sexual violence against minors. Child protection is all activities to ensure and protect children and their rights so that they can live, grow, develop and participate, as well as receive protection from violence and discrimination. The implementation of legal protection for minors as victims of sexual violence at the Karangasem Police is carried out by providing protection and assistance, hiding the victim's identity, cooperating with other institutions, handling fast, treating humanely by paying attention to needs according to their age, obtaining information Regarding the development of cases, rehabilitation assistance, all of that is based on the law.
EFEKTIVITAS AWIG-AWIG DALAM KELESTARIAN LINGKUNGAN HIDUP POHON DI DESA ADAT TENGANAN PEGRINGSINGAN, KECAMATAN MANGGIS, KABUPATEN KARANGASEM Ni Kadek Dwi Mertaning Astiti; Anak Agung Putu Wiwik Sugiantari
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The purpose of this study was to determine the effectiveness of awig-awig in environmental sustainability of trees in the Tenganan Pegringsingan Traditional Village, Manggis District, Karangasem Regency. The type of legal research used is the empirical legal research method. The results of this study are that the procedures and mechanisms for implementing awig-awig have been carried out from ancient times without direct socialization. This is due to being socialized from generation to generation only in the family environment. The effectiveness of awig- awig regarding environmental preservation of trees can be seen from the fact that most people know about awig-awig. In practice, the awig-awig has not been fully effective due to a lack of supervision from village enforcers and a lack of awareness from the village community.
PENANGANAN KASUS NAMA PENANGGUNG PEMINJAMAN KREDIT PADA LEMBAGA PERKREDITAN DESA ADAT SEMANA, KABUPATEN BADUNG I Kadek Doni Erry Gunawan; Anak Agung Kt Sudiana
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The Village Credit Institution is a financial institution under the auspices of the Traditional Village. Lending is a strategic function of the Village Credit Institution. In the credit loan agreement at the Semana Traditional Village Credit Institution, Badung Regency, it is mandatory to use the name of the guarantor where the name of the guarantor comes from 1 family registered on the Family Card. The use of the name of the guarantor in applying for credit aims to prevent bad credit, in its implementation in several cases cases of bad credit are still found. This study uses empirical legal research methods. Based on the research that has been carried out, it can be explained that the use of the name of the guarantor in lending credit to the Semana Traditional Village Credit Institution, Badung Regency has not been effective. There are legal factors and factorsnon law that affects the effectiveness of using the name of the guarantor in lending credit to the Semana Traditional Village Credit Institution, Badung Regency so that efforts need to be implemented to overcome these factors.
PERLINDUNGAN HUKUM TERHADAP CUSTOMER OJEK ONLINE DALAM KASUS TINDAK PIDANA KEKERASAN SEKSUAL (STUDI KASUS DI KOTA DENPASAR) Marion Yohanes Talan; Ni Putu Noni Suharyanti
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The development of information technology has been utilized by business actors such as Gojek in developing online application-based transportation, offering various features that make it easier for consumers in every service offered. However, of all the advantages offered, it still has disadvantages that can be detrimental to consumers, such as the behavior of drivers who are impolite and sexually harass consumers. The aims of this study were 1) to find out the legal protection for online motorcycle taxi customers as victims of sexual harassment in online transportation in Denpasar City and 2) to find out the obstacles in legal protection for online motorcycle taxi customers as victims of criminal acts of sexual harassment in online transportation in Denpasar City. The research method used is an empirical research method with a case approach. The results are, 1) Legal protection for online motorcycle taxi customers as victims of criminal acts of sexual harassment in online transportation in Denpasar City, which are commonly provided, include the following: Restitution, Medical Assistance and Psycho-Social Rehabilitation Assistance, Protection from the Family, Protection from the Community , and 2) Obstacles in legal protection of online motorcycle taxi customers as victims of criminal acts of sexual harassment in online transportationin Denpasar City, there are factors that hinder them including: 1) The legal factor itself, 2) the law enforcement factor, 3) the factor Facilities and Facilities, 4) Community Factors, 5) Cultural Factors.
URGENSI PEMBENTUKAN LEMBAGA PENEMPATAN ANAK SEMENTARA (LPAS) TERKAIT DENGAN MEKANISME PENAHANAN TERHADAP ANAK OLEH PENUNTUT UMUM (STUDI KASUS DI KEJAKSAAN NEGERI BANGLI) I Gusti Ngurah Agung Budiarta; I Nengah Susrama
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Detentions made to ABH must be separated from adults as regulated in Article 3 letter b of the UU SPPA. Detention of ABH based on Article 105 of the UU SPPA is required to be carried out at the LPAS institution. The problem in this study is that Bali Province is one of the regions in Indonesia that does not yet have a LPAS as a support for the enactment of the UU SPPA. Based on the results of research conducted on these problems, it can be concluded that the mechanism for eliminating ABH stems from the Criminal Procedure Code (KUHAP) and the SPPA Law. The general prosecutor of the Bangli District Attorney in this case has not been able to fully implement the provisions in Law Number 11 of 2012 Article 33 paragraph (4) where child detainees should be held in Penitentiary or if there is no Penitentiary, then in accordance with the provisions of Article 33 paragraph (5) can be carried out in Social Welfare Organizing Institutions (LPKS), but in practice children who are in conflict with the law are still kept in detention centers.
PERLINDUNGAN HUKUM BAGI WISATAWAN PADA OBJEK WISATA TIRTA ARUNG JERAM SUNGAI AYUNG DI KABUPATEN GIANYAR Ida Bagus Indra Brahmana; Putu Lantika Oka Permadhi
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The scope of this research is on rafting attractions by focusing the research subject on tourists who use rafting tourism services, and the location is in PT. Tear Bali. The formulation of research problems is related to legal protection for tourists in tirta rafting attractions and about the responsibility of Ayung River rafting business actors in Gianyari Regency to face losses experienced by tourists. The results of the analysis show that legal protection for users of Tirta Arung Jeram Sungai Ayung services in Gianyar Regency at PT Bali Sobek Utama has been realized. This is evidenced by the good faith of PT. Sobek Bali Utama which carries out its business activities by realizing protection in the form of providing insurance to consumers / tourists who have been covered or included in tour packages provided in accordance with applicable law. In addition, the responsibility of rafting business actors at PT Sobek Bali Utama has been carried out properly in accordance with the provisions of the Law regulated in article 26 letter d, e and letter n in Law Number 10 of 2009 concerning Tourism.
PENGATURAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN SATWA LANGKA BERDASARKAN HUKUM POSITIF DI INDONESIA Ni Kadek Shintia Meiga Viani; Ida Bagus Gede Subawa
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Indonesia is an archipelagic country which is famous for its diversity of endangered species protected by the government and is also a habitat for endemic animals which means that it has its own characteristics in each area and cannot be found in other areas. The legal arrangement for the crime of smuggling of endangered species based on positive law in Indonesia is the protection provided in legislation, which aims to prevent extinction and threats to the development of endangered species, their existence begins to be threatened as a result of conflict and poaching. This research is a normative research that examines laws and regulations in order to find out how the legal arrangements for the criminal act of smuggling endangered species are based on Indonesian positive law along with its legal sanctions. Based on the results of the research, criminal sanctions for the crime of smuggling endangered species based on positive law in Indonesia are contained in Article 40 paragraph (2) and paragraph (4) of the KSDA Law, in the form of imprisonment and fines, imprisonment and fines, plus the confiscation of all items obtained and all tools or objects used to commit criminal acts, with a statement that they are confiscated for the state.
PELAKSANAAN TANGGUNG JAWAB ATAS HAK KONSUMEN TERHADAP KLAUSULA PENAWARAN PAKET WISATA DI BALI AMBASSADOR TOUR AND TRAVEL Komang Ayu Tiara Pratiwi; I Wayan Agus Vijayantera
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The purpose of this research is to find out the mechanism and implementation of the responsibilities of Bali Ambassador Tour And Travel regarding the right to the travel package offer clause. The type of legal research used is the empirical legal method. The result of this study is that the implementation of the responsibilities of travel agents is regulated in Article 7 letter g of the Consumer Protection Law. This shows that the travel agency has been responsible for hotel losses that are not in accordance with the contents of the tour package agreement. With this the responsibility given is by way of compensation to consumers. Every problem at Bali Ambassador Tour And Travel will be resolved by negotiation.
PELAKSANAAN EKSEKUSI BENDA JAMINAN SETELAH LELANG HAK TANGGUNGAN PADA BALAI MANDIRI PRASARANA BALI Sucipto Sun; Kt. Sukawati Lanang P. Perbawa
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

In providing credit to the community, both individuals and business entities, banks need to request collateral as a guarantee of credit repayment by the debtor. In accordance with Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (UUHT), the process of providing collateral is carried out by installing Mortgage Rights. The existence of Mortgage Rights authorizes the bank as a creditor to sell the object of Mortgage collateral through an auction to pay off the debtor's debt if the debtor is in default. The research method used is empirical juridical using data sourced from the Private Auction Office in Denpasar City.
PENGENDALIAN PEMBANGUNAN PADA KAWASAN SEMPADAN JURANG DI SEPANJANG JALAN RAYA PENELOKAN KINTAMANI Made Reiza Maharani Augustiningsih; I Made Sudirga
Jurnal Hukum Mahasiswa Vol. 3 No. 1 (2023): EDISI APRIL
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Spatial use control is carried out in accordance with the Spatial Plan to reduce violations. In writing this thesis, it is necessary to review the implementation of spatial use control and the constraints faced by the Bangli Regency Government in implementing it. The type of research used in this research is empirical legal research. The approaches used are the legal sociology approach, the legal anthropology approach, and the legal psychology approach. The results obtained in this study are that the implementation of controlling the use of space in the ravine area is not effective and tends to be neglected. Then the obstacles faced by the Government of Bangli Regency in controlling the use of space for the rampant development in the ravine area are caused by several factors, namely legal factors, law enforcement factors, supporting facilities and facilities, community factors and cultural factors.

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