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Jurnal Ilmu Hukum Sui Generis
Published by Universitas Pendidikan Ganesha
ISSN : 28093925     EISSN : 29642337     DOI : https://doi.org/10.23887/jih.v2i4
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu Hukum (JIH) Sui Generis merupakan jurnal yang memiliki bidang ilmu hukum. Jurnal ini diterbitkan oleh Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha Singaraja Bali. Jurnal Ilmu Hukum (JIH) Sui Generis diperuntukkan untuk para akademisi, praktisi, maupun mahasiswa/ umum yang bersifat terbuka untuk tulisan-tulisan dalam bidang ilmu hukum berupa artikel hasil penelitian dan kajian konseptual. Wilayah dari naskah yang dipublikasi dalam jurnal ini berkaitan dengan penelitian hukum di bidang hukum :Hukum Pidana; Hukum Perdata; Hukum Tata Negara; Hukum Administrasi; Hukum Internasional; Hukum Islam; Hukum Kesehatan; Hukum Lingkungan; Hukum Ketenagakerjaan; Hukum Adat; Hukum Hindu. Serta topik-topik lainnya yang terbaru di bidang hukum yang relevan. Jurnal Ilmu Hukum (JIH) Sui Generis terbit 4 kali dalam setahun (Januari, April, Juli, dan Oktober).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 151 Documents
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TINJAUAN YURIDIS MENGENAI KEABSAHAN PERJANJIAN DIBAWAH TANGAN DITINJAU DARI PASAL 1875 KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Putusan Pengadilan Negeri Singaraja Nomor Perkara 462/Pdt.G/2015/PN.Sgr) Ni Kadek Erlina Dinda Putri; Si Ngurah Ardhya; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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This research aims to determine 1) the legal validity of private agreements in cases of default in debt and receivable agreements and 2) the factors that cause default in cases 462/pdt.g/2015/pn.sgr. The type of research that will be used in this writing is normative juridical research. The data source obtained in this research is a secondary data source consisting of primary and secondary legal materials. The research results obtained are 1) the legal validity of private agreements in decision 462/Pdt.G/2015/PN. Sgr, that is, the private agreement is legally valid, where in this case it refers to Article 1875 of the Civil Code, a private writing which is recognized as true by the person who is confronted with it, where in this case the private agreement made is acknowledged by the Plaintiff with evidence in the form of photocopy of the agreement letter under hand made by both parties which has been sufficiently stamped and in accordance with the original and evidence of the facts of the trial from witnesses on behalf of Ketut Suweken and Ketut Sri Diarni who confirmed the agreement, as well as the defendant who did not deny or provide a rebuttal to the plaintiff's claim. proven by the defendant never appearing before the trial. 2) The judge's consideration in Decision 462/Pdt.G/2015/PN.Sgr is that it has explained the reasons for granting the plaintiff's lawsuit in part with verstek which was caused by the defendant's absence from court so that the defendant did not convey his objection to the lawsuit submitted by the plaintiff. As a result of this, it is stated that the defendant legally owes the plaintiff a debt and punishes the plaintiff to pay the debt to the plaintiff with debt compensation of 0.8 percent of the amount of money borrowed and if the defendant is negligent then the activity of selling the collateral will be carried out in public.
PERLINDUNGAN HUKUM DALAM JUAL BELI TANAH DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA K. Hendra Mahesa; Muhamad Jodi Setianto; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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The purpose of this research is to recognize and assess the legal safeguards available to purchasers engaged in clandestine transactions of land rights. Additionally, it aims to scrutinize the legal ramifications that buyers face when participating in such under-the-table transactions under the framework of Law No. 5 of 1960 concerning Fundamental Agrarian Regulations. This study employs a normative juridical research approach, which seeks to establish legal truths based on normative aspects, primarily due to normative gaps. The research methodology is characterized as analytical-descriptive, designed to provide an overview of how regulations are implemented based on the currently applicable legal provisions. The process of collecting legal materials utilizes a legal materials inventory. The findings of this research indicate that legal protection for purchasers involved in clandestine land rights transactions persists in both a preventative and repressive manner. Preventative legal safeguards are grounded in the stipulations outlined in Article 1491 of the Civil Code, while repressive legal safeguards manifest as law enforcement measures encompassing a range of sanctions, including fines, compensatory measures, imprisonment, additional penalties, and other methods. The legal consequences stemming from these transactions include the inability of buyers to register the transfer of land rights or initiate the name-change process on certificates at the Local Land Office. Additionally, buyers lack substantial evidentiary support in the event of disputes or other legal issues arising regarding the land they have purchased. Furthermore, buyers are unable to independently secure certificates as collateral to obtain credit, as this process necessitates the involvement of the land seller in question.
PERLINDUNGAN KEPADA PEMEGANG HAK CIPTA SINEMATOGRAFI TERHADAP PEMBAJAKAN FILM MELALUI APLIKASI TELEGRAM BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Paulus Revel Gian Raditya Dheasaputra; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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This research was prepared with the aim of knowing, analyzing and studying (1) the characteristics of piracy of cinematographic works, (2) law enforcement carried out against perpetrators of piracy of cinematographic works through the telegram application based on Law Number 28 of 2014 concerning Copyright and Singapore Copyright Act 2021, as well as (3) legal protection given to copyright holders against piracy of cinematographic works based on Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. In order to answer the problem formulation in this research, a normative legal research method was used, namely Research which was carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law Number 28 of 2014 concerning Copyright and the Singapore Copyright Act 2021. Through this research method, results were obtained (1) that the characteristic of piracy of cinematographic works is the act of copying recording results without permission, as well as distribution to generate personal economic gain. (2) the lack of effective enforcement of the Copyright Law in Indonesia means that piracy is still widespread in Indonesia, and (3) related to the legal protection provided in the form of preventive and repressive measures that have the same set of rules
IMPLEMENTASI PASAL 14 AYAT 3 PERATURAN GUBERNUR BALI NOMOR 1 TAHUN 2020 TENTANG TATA KELOLA MINUMAN FERMENTASI DAN/ATAU DETILASI KHAS BALI TERKAIT PEREDARAN ARAK BALI TANPA LABEL DI KABUPATEN BULELENG Gede Nova Wwahyudi; Si Ngurah Ardhya; Muhamad Jodi Setianto
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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The purpose of this research is to find out and analyze related to 1) the implementation of Article 14 Paragraph 3 of the Bali Governor's Regulation Number 1 of 2020 concerning the Management of Balinese Fermented and/or Distilled Drinks related to the Distribution of Balinese Arak Without Labels in Buleleng Regency and 2) find out what the consequences are. law against business actors who do not include labels on their product packaging. The type of research used is empirical legal research with descriptive research characteristics. The location of this research was carried out in Buleleng Regency. The data collection techniques used were document study, observation and interviews. The sampling technique used was the Non Probability Sampling technique and the subject determination used the Purposive Sampling technique. Qualitative data processing and analysis techniques. The research results show that 1) The provisions of Article 14 Paragraph 3 of Bali Gubernatorial Regulation No. 1 of 2020 have not been implemented properly. This is reflected in the fact that there are still business actors who do not include labels in accordance with the applicable provisions on their product packaging. The ineffectiveness of these regulations lies in the less than optimal role of the government in terms of outreach to the community and the lack of public legal awareness regarding the existence of Bali Gubernatorial Regulation No. 1 of 2020. 2) Furthermore, the legal consequences for violations of labeling on product packaging can be in the form of administrative sanctions as regulated in Article 61 Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements as well as Article 62 and Article 63 of the UUPK. The administrative sanctions can take the form of confiscation of certain goods, announcement of a judge's decision, payment of compensation, order to stop certain activities that cause consumer losses, obligation to withdraw goods from circulation and revocation of business permits.
PERLINDUNGAN KONSUMEN DALAM UPAYA PENGAJUAN GANTI KERUGIAN ATAS PENIPUAN JUAL BELI PONSEL ILEGAL PADA TRANSAKSI ELEKTRONIK MELALUI E-COMMERCE Ida Bagus Ariadi Rahadita; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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This research aims to find out, analyze and examine (1) the legal basis that can be used as a basis for consumer protection in the compensation process (2) legal remedies that consumers can take if compensation is refused. In order to answer the problem formulation in this research, a normative legal research method was used, namely research carried out by examining library materials and secondary data regarding analysis from a legal perspective of Law No. 8 of 1999 concerning Consumer Protection. In relation to the type of research used, namely normative legal research, the approaches used are the statutory approach and the case approach. The technique for collecting legal materials in this research was carried out through literature research techniques, which were carried out to obtain materials and information that were relevant to the case being discussed. (1) that in electronic transactions business actors are obliged to provide correct information regarding goods being bought and sold so that there is no loss to both parties (2) that there is no responsibility by business actors for losses suffered by consumers in accordance with the provisions of Article 27 letter a of the Law -Law No. 8 of 1999 concerning Consumer Protection which is used as the basis for refusing responsibility by business actors.
PERLINDUNGAN HUKUM TERHADAP PENANGKAPAN NELAYAN TRADISIONAL INDONESIA DARI NUSA TENGGARA TIMUR DI PULAU PASIR BERDASRKAN PERSPEKTIF HUKUM INTERNASIONAL Ketut Awet Putra Karyawan; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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This study aims to understand and analyze the mechanisms and regulations of international law that apply in providing protection and settlement as well as legal constraints faced against the case of catching traditional Indonesian fishermen, East Nusa Tenggara in Pualu Pasir which is Australian sovereignty. The research method used is normative legal research using 3 approaches, namely the approach to legislation, history, and cases that are processed with descriptive techniques that produce legal arguments. The results showed that legal protection against the fishing of traditional fishermen is regulated in three bilateral agreements between the governments of Indonesia and Australia: MoU BOX 1974, MoU BOX 1981, and Agreed Minute 1989. The purpose of this agreement is to ensure the rights of Indonesia's traditional fisheries. In the realm of international law, Article 51 paragraph (1982) of the Convention on the Law of the Sea (UNCLOS 1982) also clearly outlines the rights of traditional fishermen related to fisheries, but there is still a need for amendments to the bilateral agreement, as well as the main obstacles related to views on traditional fishers including differences in territorial boundaries, fishing gear used, and the economic sustainability of fishermen. The solution involves strengthening national regulations, legal recognition of traditional fishermen's rights, boundary agreements, and protection of marine resources in the area. However, differences in views, efforts to maintain traditions, pressure on resources, and economic challenges remain obstacles in addressing abuses committed by traditional fishermen in the Sand Island region.
PERLINDUNGAN HUKUM BAGI ANAK YANG MENJADI PERANTARA DALAM JUAL BELI NARKOTIKA Ayu Nadya Gayatri; Made Sugi Hartono; Ni Ketut Sari Adnyani
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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This research aims to (1) determine the form of legal protection for children who become intermediaries in buying and selling narcotics, and (2) to find out the appropriate sanctions imposed on children who become intermediaries in buying and selling narcotics. The type of research used in this research is a type of normative legal research which aims to examine the application of law regarding children involved in narcotics crimes. This research uses a statutory approach (statue approach), conceptual approach (conceptual approach) and case approach (case approach). This research is supported by statutory regulations, namely Law No. 35 of 2014 concerning Child Protection and Law No. 11 of 2021 concerning the Juvenile Justice System, then from journals, articles, scientific literature that are relevant to the main problem in this research. The results of this research show that (1) there is an appropriate form of legal protection for children who act as intermediaries in cases of buying and selling narcotics, and (2) appropriate sanctions are imposed on children who act as intermediaries in cases of buying and selling narcotic
PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA PINJAMAN ONLINE ILEGAL DI KOTA DENPASAR Oktha Wardi Purba; Si Ngurah Ardhya; Komang Febrinayanti Dantes
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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This research aims to (1) analyze legal protection for online loan consumers in terms of inappropriate information in advertisements regarding loan interest; and (2) knowing and analyzing the role and function of the OJK in providing consumer protection for illegal online loans in Denpasar City. The type of research in writing this thesis is empirical juridical which is analyzed qualitatively. The data used in this research are primary data and secondary data. Primary data is obtained from the first source, secondary data from primary, secondary and tertiary legal materials. Data collection techniques use interview techniques and document study. Meanwhile, the sampling technique in this research is non-probability sampling, which is purposive sampling. Based on the research results, it was found that (1) consumer protection regarding illegal online loans is carried out preventively and repressively through Law Number 21 of 2011 and business actors are required to pay attention to and implement the provisions of OJK regulation no. 77/POJK.07/2016; (2) The OJK's role in protecting consumers of illegal online loans in Denpasar City is carried out by providing education and literacy to the community, collaborating with the ministry and the Central OJK by forming the SWI SATGAS, updating official fintech lending data, and facilitating the public to send complaints via the website OJK APPK.
UPAYA KEPOLISIAN DALAM PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE (STUDI KASUS DI POLRES BULELENG) Kadek Setiawan; I Wayan Landrawan; Ketut Sudiatmaka
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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The crime of online gambling is an act that violates the law which is included in a crime and has become a habit for the community, including the City of Buleleng. Online gambling is a form of abuse of online media facilities where betting is used by transferring cash through banks, like gambling in general. If allowed to continue without serious handling from police law enforcement, people who carry out online gambling will become addicted and will have a negative impact on themselves and others. This study aims to analyze 1) the efforts made by the police to enforce the law against online gambling criminals in the Buleleng district. 2) Obstacles that hinder law enforcement efforts against perpetrators of online gambling crimes in the Buleleng district. This research uses an empirical juridical approach, the research is descriptive, the type of data is primary data and secondary data. Data collection techniques are observation, interviews and document studies. The sampling technique of non-probability sampling is in the form of purposive sampling and data analysis, namely qualitative analysis. The results of the study show that the efforts of the police in tackling online gambling crimes in the Buleleng City Police area are efforts made by the police in enforcing the law against online gambling crimes, penal efforts. The obstacles experienced by the Buleleng resort police in enforcing the law, are the difficulty of obtaining the suspect's address, the high mastery of the perpetrators in operating information technology.
UPAYA KEPOLISIAN DALAM MELAKUKAN PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) (STUDI KASUS DI POLRES BULELENG Putu Hadi Hendra Tanu Sudibya; Made Sugi Hartono; I Wayan Landrawan
Jurnal Ilmu Hukum Sui Generis Vol 3 No 4 (2023): Oktober, Jurnal Ilmu Hukum Sui Generis
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This research aims to (1) To find out and analyze the process of law enforcement at the police level regarding criminal acts of sexual violence against children in the jurisdiction of the Buleleng Police Station (2) To find out and analyze how the police make efforts to deal with the perpetrators of criminal acts of sexual violence against children. in the jurisdiction of the Buleleng police station. In this research, the type of research used is empirical legal research using descriptive research characteristics. The data and data sources used are primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques used are document study techniques, observation techniques and interview techniques. The sampling technique used was a non- probability sampling technique and the subject determination used a purposive sampling technique. Next, the data obtained is processed and analyzed qualitatively. The results of this research show (1) The law enforcement process in dealing with this is the Women and Children Services Unit, the Criminal Investigation Unit of the Buleleng Regency Police, in an effort to resolve criminal acts of sexual violence against children through In its implementation the police provide a place for mediation, communication and discussion. between the Reporter or Victim and the Reported Party, officers only take action in the form of listening to the wishes of the reporter and the reported party, carrying out the legal process even if there is peace. (2) Efforts to overcome criminal acts of sexual violence against children in Buleleng Regency carried out by the Buleleng Police, namely repressive (penal) efforts carried out by the Buleleng Police, namely by carrying out inquiries or investigations in accordance with applicable legal provisions, carrying out all kinds of actions according to procedures. not handling cases selectively, and handling cases of public attention professionally and proportionally.

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