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SANKSI PIDANA KEBIRI DARI PERSPEKTIF HAK ASASI MANUSIA
Sudiasa, A.A. KT.
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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The results of a study of child sexual violence revealed that the scale of the number of children becoming corbantant increased. States are perceived as failures in protecting children from perpetual perpetrators of sexual violence perpetrated by irresponsible persons with children as sexual objects through trafficking, child prostitution, child pornography, and sexual harassment. Therefore, this issue needs to gain the extraordinary attention of all parties through strengthening commitments and actions at the national and local levels to keep children from the threat of deprivation of childrens rights, so that children can grow and develop optimally. In the context of human rights: repressive action with the imposition of criminal sanctions (kebiri) is very important to be done as a means of effect to the perpetrators of the perpetrators of sexual violence in children
UPAYA PEMBERIAN PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA AKIBAT TINDAKAN PASSING OFF TERHADAP HAK MEREK DAGANG DALAM SISTEM HUKUM MEREK DI INDONESIA
Julianti, Lis;
Septiovita, Erma
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Passing off is a form of unfair competition which can lead to confusion, and false allegation, because with the passing off the impression there is a close link / indication of the existence of a relationship, an indication of misleading the public (consumers). The absence of laws that specifically regulate the Passing Off action as a violation on Trademark Rights resulted in businesses that are victims of this action is difficult to obtain legal protection. Efforts to provide legal protection to businesses as a result of act of unfair competition in the form of passing off against the trademark rights is still in general in the Criminal Code Article 372 bis Penal (Penal Code).
PENANGGULANGAN TINDAK PIDANA KORUPSI DALAM PERSPEKTIF PENGGUNAAN WEWENANG OLEH PEJABAT PUBLIK
Sugiantari, Anak Agung Putu Wiwik
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Corruption is a latent danger of the implementation of the life of the nation and the State. Increasing number of corrupt behavior indicates that the country suffered a setback. Corrupt behavior arise as a result of violation of ethics (moral) and a violation of law public officials. Public officials can be guilty of corruption because they have high power and authority in determining an important decision in the society so, the authority that causes them to provide benefits for those who have a particular interest. Therefore, the legal system formed during a system that form the characteristic bad because both in terms of structure, substance and culture of law contained in the legal system impacts corrupt behavior as in terms of recruitment and appointment of public officials who are not fair, then legal substances that do not provide a deterrent effect for the perpetrators of corruption and negative about the legal culture habits as if legalized bribery and gratuities. Thus, forming the characteristics of public officials culpable and justifies any means to enrich themselves for the onset of legal awareness of all the elements of the State.
SISTEM KEKERABATAN KEPURUSA DI BALI
Asmarajaya, I Made
Jurnal Advokasi Vol 7 No 1 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Indonesian country identic with the diversity religion, race or subrase, and tradition. The relegion followed is embodied in costomary law. In some society as for Bali between relegion and custom canât be seperated such as the customary law in Bali. We canât define between relegion and custom becouse all aspect of life are totally influenced by Hindu religion or the believe. Their believe exercise in some system such as the family system. According antropologic science there are three system of families those are patrilinial, matrilineal and parental. Those system exercised in different cummunities. Patrilineal system exercised the people of Bali who follow the Hindu religion. There is no parental term in Bali. It means only the man my become the leader of the family and the decendance must follow the line if the father. In heritage law also only the man can herits. For the woman only accept the thing from their parent during the parent still alife. This institution called âjiwa danaâ.There are some reasons Bali people exercise kepurusa system. First, generally the man much more stronger than woman. Second, woman monthly gets menstruation. During this period the woman canât pray and entering temple.
PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG IJAZAHNYA DITAHAN OLEH PERUSAHAAN
Pratiwi, Agustina Ni Made Ayu Darma
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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This writing was conducted due to the frequent dispute regarding labour agreement in which situated clauses that impose the labour legalized-certificate to be confiscated during the ongoing contract. This dispute occurs due to the fact that the number of job seekers are not proporsionate with the available jobs. Furthermore, the raise of the living cost cause panic situation in which the job seeker make up their mind to take the available jobs in various duty as long as they acquire a livelihood. Then, it can be deduced from this paper that the detention certificate made the company to workers in the agreement/contract of employment including the violation of human Rights. The policy applied by this company is against the other law despite the fact that there is no excisting laws regulate explicitly regarding to this matter.
EXONERATION CLAUSE PADA PERJANJIAN STANDAR PEMBIAYAAN KONSUMEN
Dewi, Putu Eka Trisna
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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In general, the business activities can not be separated from an agreement to ensure legal certainty. Testament as we know it is an event where one can promise to someone other or where two or more mutually pledged to carry out a thing. Currently, there is a wide range of agreement or contract is a form of derivative agreements of the agreements already provided for in the Civil Law Act (Civil Code) as a result of the principle of freedom of contract. The subject of the agreement was not only a person but also the body, whether incorporated or unincorporated. One of the agreements arising from the development of the business world is a consumer financing agreement in which the shape of the agreement in the form of raw agreement. Because of its raw argued that the treaty does not reflect a sense of fairness and detrimental to one of the parties which are in the field of contract law known as the exoneration clause.
BUDAYA HUKUM DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI
Arthani, Ni Luh Gede Yogi
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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AbstractCorruption is seen as a serious crime because it has eliminated the economic and social rights of the people. People really hate corruption, they even condemn the criminals who have stolen state funds. On the other hand, people have the habit of giving bribes to get what they want, such as to become civil servants, speeding up the processing of documents and others. This study examines the policy of combating corruption and perceptions of corruption.Indonesiaâs anti-corruption policy rests on three elements in the legal system, namely the legal substance, legal structure and legal culture. Indonesia had the rule of law and law enforcement are adequate to combat corruption, but the problem lies in the commitment in law enforcement. The legal culture of society have an important role in the prevention of corruption. Community on the one hand the fight against corruption, but on the other hand it supports corruption. Bribery done to facilitate their getting his wish.
PERLINDUNGAN HUKUM TERHADAP PERANAN MASYARAKAT SEBAGAI PARA PEMEGANG SAHAM DALAM KEGIATAN USAHA SUATU PERUSAHAAN GUNA MENCAPAI KESEJAHTERAAN
Aliandu, Fx. Denny Satria
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Indonesia is a country that has a good capacity for various fields, which include political, economic, social, cultural, defense and security, can giving a function to processing Indonesian growth and progress of a country reviewing of the economic development of the country. The role of the company in the process of economic development of the people of Indonesian can be do by involving to participate in the activities of the company, and the entry in the companys organizational structure or by investing in a company. People who participate in the activities of investment companies known as shareholders or investors. The shareholder is helpful all the aspect of company activities, such as helping in the company progressing and welfarestate. In the practice of this company will be explored more specifically, where the attention of company performance that involve the society to be active in the practice of the company activities and make a welfaresatete. But the problem is dynamic processing of the companys performance, because the companys performance is not always will be remaining static.
PENGARUH GLOBALISASI TERHADAP PERKAWINAN ENDOGAMI DI DESA TENGANAN PEGRINGSINGAN KABUPATEN KARANGASEM
Anom, I Gusti Ngurah
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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Tenganan Pagringsingan, grow and develop with the impression of the original as the village of Bali Aga, the village that has a pattern of life and governance communities based on the regulation of Traditional Adat Village who inherited their ancestors, including the system of marriage that has a style endogamy, As stated in awig awig " and the goods that the person has put aside his village or his female relatives or helping / giving a chance, is totally forbidden, and should be fined by the village. The impact of modernization does not make significant changes on the lives of villagers Tenganan associated with marriage endogamy, there are recorded only 15 cases from the past until now.
DIVESTASI SEBAGAI ALTERNATIF MEMPERTAHANKAN VIABILITAS PEREKONOMIAN INDONESIA (DARI PERSPEKTIF ECONOMIC ANALYSIS OF LAW)
Tanaya, Putu Edgar
Jurnal Advokasi Vol 6 No 2 (2016): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar
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This study aims to find out developments and constraints implementation of the divestitures in Indonesia, both conducted by STATE-OWNED ENTERPRISES as well as foreign investor. Understanding of the developments and constraints will make it easier to steps that must be performed related constraints â obstacles occur. One of the problems that arise related divestitures are not yet the existence of a clear and definite criteria concerning the areas that must be controlled by the State.Article 33 of the Constitution states the relating fields with his life many people should be controlled by the State. Setting the article expressly and clearly gives the criteria field of the divestment. Based on the study of laws and decision the Constitutional Court there are several fields relating to: electrical fields, defense and security fields, the fields of water resources.