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lis Julianti
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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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MEKANISME DAN REGULASI PENEGAKAN HUKUM TERHADAP STREAMER GAME YANG MENYAMPAIKAN INFORMASI TENTANG JUDI ONLINE DI YOUTUBE Gunadi, I Made Dwi Artha; Sugiantari, Anak Agung Wiwik
Jurnal Hukum Mahasiswa Vol. 4 No. 1 (2024): EDISI APRIL: JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Streamer game who disseminate information about online gambling platforms during live streaming share similar mechanisms with influencers such as celebrities, content creators, and artists who endorse online gambling platforms. However, the legal enforcement differs between them. This thesis explores the legal enforcement against game streamers disseminating information about online gambling via YouTube in Kabupaten Badung, covering legal foundations, enforcement procedures, forms of legal enforcement, influencing factors, and conflict resolution mechanisms. The research aims to understand the mechanisms and procedures of legal enforcement, forms of legal enforcement, and influencing factors. It employs empirical legal research with a factual and sociological approach, utilizing data from interviews with key informants and questionnaire distribution. The collected data will undergo qualitative processing and analysis. The study draws upon several theories, including legal system theory, law enforcement theory, and legal effectiveness theory. Findings indicate deficiencies in government efforts to prevent this issue and disparities in legal enforcement
PERTANGGUNGJAWABAN PELAKU USAHA TERHADAP PAKAIAN BEKAS IMPOR DI KOTA DENPASAR BERDASARKAN UNDANG-UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Merciana, Ni Putu Sienny; Ayu Darma Pratiwi, Agustina Ni Made
Jurnal Hukum Mahasiswa Vol. 4 No. 1 (2024): EDISI APRIL: JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

The business of trading fashion goods or used clothing is known nowadays as thrifting. Regulation of the Minister of Trade Number 40 of 2022 concerning Amendments to Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import. Where in Article 2 Paragraph 3 it is written that goods are prohibited from import, one of which is used bags, used sacks and used clothes. Here it is very clear regarding the regulations prohibiting the import of used clothes, but in reality there are still people selling used imported clothes in Denpasar City. The problem in this research is the responsibility of imported used clothing business actors who harm consumers based on Law Number 8 of 1999 concerning Consumer Protection as well as the government's role in overcoming the practice of buying and selling imported used clothing which can harm consumers. The method in this research is empirical legal research. The conclusion in this research is that business actors in imported used clothing tend to be irresponsible, where business actors should be held responsible from various legal aspects. Legal certainty is really needed by a consumer to guarantee all forms of rights in carrying out trading activities.
PERTANGGUNGJAWABAN PIDANA PADA PELAKU TINDAK PIDANA PENIPUAN JUAL BELI ONLIN Putra, Ida Bagus Dwi Parama; Pratama Sukma, Putu Angga
Jurnal Hukum Mahasiswa Vol. 4 No. 1 (2024): EDISI APRIL: JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

E-commerce is a process of buying and selling transactions which in practice are carried out online via electronic media. The buying and selling process no longer requires face-to-face meetings and the transaction process is carried out online. This has led to an increase in cases of online fraud. This research aims to determine the regulations and criminal responsibility for perpetrators of online buying and selling crimes. This paper uses a normative research method using a statutory approach, a conceptual approach. The results of this research show that regulations regarding criminal acts of fraud are generally regulated in Article 378 of the Criminal Code, and to strengthen the legal basis they can be accommodated through Article 28 paragraph (1) of the ITE Law. Criminal liability for perpetrators of online buying and selling fraud must fulfill the elements of each article, namely Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law and the imposition of responsibility in Article 28 paragraph (1) of the ITE Law which explains losses in the case of buying and selling. in the online world
RELEVANSI PASAL 82 AYAT 2 UNDANG-UNDANG NO. 40 TENTANG PERSEROAN TERBATAS MENGENAI TATA CARA PEMANGGILAN RUPS MELALUI IKLAN DALAM SURAT KABAR Yuda, I Gede Indra Vitata; Artajaya, I Wayan Eka
Jurnal Hukum Mahasiswa Vol. 4 No. 1 (2024): EDISI APRIL: JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

In a Limited Liability Company (LLC), the primary responsibility for running the company lies with the board of directors and commissioners, who act as extensions or executors of the rules of investors or shareholders. They are responsible for adhering to the provisions in the articles of association and the Company Law and managing the company according to the principles of Good Corporate Governance (GCG) such as justice, transparency, and accountability.One crucial aspect of implementing the provisions in the articles of association and the Company Law is holding the General Meeting of Shareholders (GMS). The Company Law explains the procedures for conducting GMS from the beginning to the formation of GMS decisions. In this study, the author analyzes juridical aspects and legal implications of the procedure for convening GMS through advertisements in newspapers, as regulated in Article 82 paragraph (2) of the Republic of Indonesia Law Number 40 of 2007 Concerning Limited Liability Companies, to determine its continued relevance. This study uses a normative research method focusing on examining the application of a legal norm using legal sources such as primary legal materials, secondary legal materials, and tertiary legal materials.
IMPLEMENTASI ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) SEBAGAI SISTEM PENERTIBAN PELANGGARAN LALU LINTAS DI KOTA DENPASAR Vionita, Ni Putu Vina; Julianti, Lis
Jurnal Hukum Mahasiswa Vol. 4 No. 1 (2024): EDISI APRIL: JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Electronic traffic law enforcement (ETLE) is law enforcement in the traffic sector based on information technology using electronic devices in the form of cameras that can detect various types of traffic violations and provide motor vehicle data automatically based on Automatic Number Plate Recognition (ANPR). This research aims to implement and impact the implementation of Electronic Traffic Law Enforcement (ETLE) as a system for controlling traffic violations in Denpasar City. The research method that researchers use is empirical juridical research. The research results show that the implementation of ETLE has not been effective in handling traffic violations in Denpasar City. This is because there are still obstacles in implementing ETLE in terms of law enforcement factors, facilities and infrastructure factors, as well as community legal culture factors. The use of ETLE is also a form of Polri's contribution in realizing Denpasar City as a smart city and is in line with bureaucratic reform. The impact of implementing ETLE in Denpasar City is that more and more people are being recorded committing violations and have not been able to reduce of violations because the public's legal awareness is still low.
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.

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