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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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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.
SISTEM PENGUPAHAN PEKERJA PADA PERUSAHAAN KONVEKSI PT WEDANATA INDUSTRI NUSANTARA DI KABUPATEN BADUNG BALI Dwipayanti, Cokorda Istri Putri; Apriliani, Kadek
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Obtaining a job and livelihood worthy of humanity is the right of every citizen which is a basic need for citizens. The employment relationship that has been established by workers and employers is created after an agreement between workers and employers, whether it is made in writing or unwritten, but the most important thing in the agreement will be stated by workers about their willingness to work for employers by receiving a number of wages. A systematic method and certain framework of thought aimed at studying and analyzing a legal phenomenon to then attempt a solution to the problems arising in the symptom in question. The wage system of the company PT Wedanata Industri Nusantara applies a wage system based on units of output and a monthly payment wage system, there are delays in paying workers' wages.
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA ATAS PERJANJIAN HUTANG PIUTANG TERKAIT WANPRESTASI YANG DILAKUKAN OLEH KONSUMEN PADA UD BHUANA RAHAYU Suryawan, I Putu Agus Krisna; Sugiantari, Anak Agung Putu Wiwik
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 debt and receivable agreement entered into by business actors and consumers at UD Bhuana Rahayu is a money lending and borrowing agreement. The contents of the agreement must be implemented by the parties, especially consumers, by returning the debt in accordance with Article 1754 of the Civil Code. Apart from that, this is done to fulfill consumer obligations and the rights of business actors. However, in reality there are consumers who do not pay their debts (default) which results in losses for business actors. So the procedures and mechanisms for resolving defaults are being questioned, as well as how legal protection can be provided to business actors. Through empirical legal research methodology, the answer was obtained that business actors use verbal/unwritten agreements in debt and receivable agreements. The solution can only be resolved through mediation. Therefore, the legal protection that can be provided is repressive legal protection through statutory regulations that have been regulated to prevent, and preventive legal protection through resolving litigation, namely district court lawsuits.
PENEGAKAN HUKUM TERHADAP PELANGGAR KENDARAAN SEPEDA MOTOR PEDAGANG RONGSOKAN BERMUATAN LEBIH DI JALAN WR SUPRATMAN DENPASAR Divani , Ade Arya; Wijaya, I Made Hendra
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

Transportation is a form of movement carried out by humans or goods from one place to another by using a vehicle driven by humans themselves or machines. Many problems occur in the field of road and goods transportation. One case of violations in road transportation, namely overloaded vehicles, also known as ODOL (over dimension overload), still occurs frequently on a national scale. There are many articles that regulate traffic and road transportation in Law Number 22 of 2009. One of the articles that is in the spotlight in the background of this research problem is Article 307 concerning violations of overloading public transportation, which reads: Any person who drives a motorized vehicle who does not comply with the provisions regarding loading procedures, carrying capacity, vehicle dimensions as referred to in Article 169 paragraph (1) shall be punished with imprisonment for a maximum of 2 (two) months or a maximum fine of Rp500,000.00 (five hundred thousand rupiah).
EFEKTIVITAS PERANAN BPOM DALAM PENGAWASAN PEREDARAN KOSMETIK ILEGALDI KOTA DENPASAR Aryantini, Ni Putu Devi; Ratih Kumala Dewi, Ni Komang
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 rampant circulation of illegal cosmetics certainly raises anxiety for the public and the cosmetics industry in Indonesia in general and in Denpasar City in particular, Anticipating this, the government has formed the Food and Drug Supervisory Agency (BPOM). BPOM has an important role in overseeing the circulation of illegal cosmetics as regulated in the Regulation of the Head of theFood and Drug Supervisory Agency, besides that BPOM was formed to detect,prevent and supervise products including to protect security and safety and publichealth. Based on the facts as described above, the author is interested in conducting a study on the effectiveness of the role of BPOM in monitoring thecirculation of illegal cosmetics in Denpasar City. The research method used by theauthor is empirical research method. BPOM in supervising the circulation of illegalcosmetics in Denpasar City has been running in accordance with applicable regulations and BPOM has effectively supervised the circulation of illegal cosmeticsin Denpasar even though in conducting BPOM supervision it also experiences various obstacles including law enforcement factors, facilities and infrastructurefactors, and community factors.
PERTANGGUNGJAWABAN WARGA NEGARA ASING (WNA) TERKAIT PENGGUNAAN KENDARAAN RENTAL YANG TERKENA TILANG ELEKTRONIK DI BADUNG (STUDI DI CV. BALI MUTIA RENTAL) Arinanda Kusuma, Anak Agung Ngurah; Wiryawan, I Wayan Gde
Jurnal Hukum Mahasiswa Vol. 4 No. 02 (2024): EDISI OKTOBER : JURNAL HUKUM MAHASISWA
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

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Abstract

ETLE is an electronic system of supervision and law enforcement for motorists in traffic. The application of Electronic Traffic Law Enforcement (ETLE) that occurs is very disadvantage to the community, especially rental business owners, where the violator is the renters of the vehicle, while the one who is obliged to pay or be responsible is the owner of the vehicle. Foreigners as renters should provide responsibility in the event of an electronic ticket violation. The research method used is empirical legal research, namely, where the law is conceptualised as real behaviour based on unwritten social symptoms. In this case, the researcher examines the renter and the vehicle rental business from a legal perspective, while data collection is carried out through observation, interview, and documentation techniques. The author concludes that foreigners as tenants have not been fully responsible for the rental party due to factors and the non-optimal implementation of ETLE.

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