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INDONESIA
Jurnal Komunikasi Hukum
Published by Universitas Pendidikan Ganesha
ISSN : 23564164     EISSN : 24074276     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL KOMUNIKASI HUKUM is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. JURNAL KOMUNIKASI HUKUM is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja.
Arjuna Subject : -
Articles 86 Documents
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Search results for , issue "Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum" : 86 Documents clear
PERKAWINAN PADA GELAHAN (STUDI LEGITIMASI FOLOSOFIS, SOSIOLOGIS DAN YURIDIS PRAKTEK PERKAWINAN PADA GELAHANG PADA MASYARAKAT HINDU BALI) I Nengah Suastika
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50595

Abstract

This study aims to examine the philosophical, sociological and juridical foundations as well as the conditions for marriage in gelahang according to Balinese Hindu customary law. This research uses a qualitative type of research. Data collection techniques through interviews, observations, and documentation studies. Data analysis uses qualitative data analysis which begins with data accumulation, data reduction, data presentation and data retrieval. Philosophically, marriage in gelahang is formulated as a belief in the ceritra of the Jaratkaru contained in the Upanisads which states that the deceased person, his spirit will be tormented and cannot be reincarnated if he does not have children. Sociologically the family passed on its descendants by other families has a piscological skates that are difficult to decipher in order to establish harmony. Juridically the legal basis of marriage in gelahang is sloka in Manawa Dharmasastra IX. 118 which declares to the sisters, the brethren shall give some part of their share, each a quarter of its share; those who refuse to give it will be locked. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The material for the prenuptial agreement on marriage in gelahang, namely: (1) regarding the answer to the parents, (2) regarding the child, (3) regarding the tangungjawab in the traditional village, (4) regarding the place of burial after death, and (5) regarding the inheritance property.
ANALISIS SOSIO-LEGAL PERAN LEMBAGA ADAT DALAM PENYELESAIAN KONFLIK LAHAN PADA HUTAN ADAT DI WILAYAH KABUPATEN MERAUKE Nasri Wijaya; Handika D. A. Pelu; Fransiskus Samderubun
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50873

Abstract

This research is a Socio-Legal Analysis of the Role of Customary Institutions in Resolving Land Conflicts in Customary Forests in the Merauke Regency Region, while the problems to be studied are about how the position of customary forests belonging to the Marind customary community in the Merauke Regency area is in the perspective of legislation and how the process of transitioning customary forest land by the Marind indigenous people in the Merauke Regency area. The purpose of this study was to find out how the position of the customary forest belonging to the Marind customary community in the Merauke Regency area is in the perspective of legislation and to find out the process of resolving forest land conflicts by the Marind customary community in the Merauke Regency area. The research method used in this research is Juridical Sociolegal. This research is a study that looks at law through a combination of normative analysis (legal norms, juridical) and non-legal science approaches. Based on the Papua Province Perdasus Number 23 of 2008 concerning the Ulayat Rights of Indigenous Law Communities and Individual Rights of Indigenous Peoples to the Land of the Indigenous Peoples, Marind Imbuti, the owner of customary land in the Veterans area of Merauke Regency, does not own customary forest, but owns land or customary forest. The process of transitioning the Ulayat Forest belonging to the Marind Imbuti customary community inhabiting the Merauke Regency area must go through the Customary Process and Administrative Process, both of which are quite strict and selective.
ANALISIS PERATURAN PERUNDANGAN-UNDANGAN MENGENAI EKSPANSI PERUSAHAAN GROUP DI SEKTOR PERTAMBANGAN BATUBARA Hartana
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50949

Abstract

In relation with the coal mining business growth in Indonesia for the past 10 years, than it must also supported with the fulfillment of the applicable Laws, than the purpose of this disertation are, first, the author eagers to know and to find the Laws which specifically regulates the expansion buoying of Group Company especially in coal mining sector. Second, the author eagers to know about the implementation of Group Company expansion in coal mining sector. Third, to know, analyze, and to find the implication of Group Company expansion in mining sector toward monopoly practice and unfair business competition. In this research, the author uses the Juridical Empirical Method, a procedure of solving research problems by first, researching secondary data to continue with the primary data research on field. As for the type of the research are Literature and Field research. The results of this research are, first, that the Law No. 4 Year 2009 regarding Mineral and Coal Mining regulates about the buoying of group company, mentioning that the IUP and IUPK owners are banned from involving their sister company and/or their affiliation in mining service industry located in their mining area, except they have the Minister’s License. Meanwhile maximum area ownership of IUP in group company is not restricted. Second, the most common group expansion in coal mining industry are by establishing holding company, acquisition and joint venture. The principal motive of these actions are economy and psychology. Third, group company expansion in coal mining industry implicates on the growth of new companies and directly implicate the ownership of holding company shares in the sister company. In addition, group company expansion also implicates the business diversification as part of strategic action in order to dominate the upstream and downstream business. Last, group company expansion implicates on the rise of coal production which is at current condition it has not been implicates to monopoly prctice and unfair business competition. The coal production has major role in supporting the National and Regional development.
PENGARUH IMUNITAS PEJABAT NEGARA DAN KEBIJAKAN KEUANGAN NEGARA DALAM PENCEGAHAN KKN PADA MASA COVID-19 Budiyardi; Lu Sudirman; Rufinus Hotmaulana Hutauruk
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50957

Abstract

At the end of 2019, it was reported that there was an outbreak of a disease that spread very quickly and was still the Corona Virus Disease 2019 (COVID-19). China officially reported the presence of the corona virus to the World Health Organization (WHO) on December 31, 2019, but a team from Harvard University, by analyzing satellite photos of traffic around a number of hospitals in Wuhan, Hubei Province, China experienced an increase starting last month. August 2019, this may indicate that the corona virus appeared in the city earlier than the reported time frame. As for the problems that will be researched in order to achieve clear and systematic goals and objectives and as desired, the authors limit the problems to be researched so that can answer the question of how the immunity of State Officials in regulating financial policies is reviewed through PERPU 1/2020 in handling Covid-19 and how the influence of PERPU No. 1/2020 and the Constitution against abuse of the authority of state officials in determining financial policy? This research is directed to examine the extent to which PERPU no. 1/2020 can ensure financial stability and the financial system remains safe from threats to the country's economy in the context of handling Covid-19, which is increasingly making the world economy, including Indonesia. The influence of state officials' immunity and state financial policies in preventing KKN during the covid-19 period is very important to be able to help this nation to become a nation that is far from KKN actions and that can be done if the state officials have honesty, truth and justice so as to produce good morality. against state official.
PEMALSUAN MEREK SEPATU DI INDONESIA: PENGATURAN DAN SANKSI? Khelvin Risandi; Hari Sutra Disemadi
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51029

Abstract

The laws and regulations in Indonesia have regulated brand counterfeiting, but the cases have not decreased yet. The rise of brand counterfeiting is caused by the condition of society and ineffective laws and regulations. Previous similar studies have discussed the trademark registration procedure and its obstacles as well as the study of mark cancellation, while this research focuses on the regulation and sanctions for brand counterfeiting. The purpose of the study was to find out how the legal arrangements against the perpetrators of counterfeiting shoe brands spread in Indonesia. This study uses a normative juridical research method, with a library search technique. The results of this study indicate the level of effectiveness of laws and regulations related to brands as law enforcement tools in Indonesia, ranging from legal substance to criminal penalty.
URGENSI PENYESUAIAN KEBIJAKAN PENERIMAAN TAHANAN RUTAN KOTA BATAM PADA MASA ENDEMI COVID-19 Karya So Immanuel Gort; Rufinus Hotmaulana Hutauruk; F. Yudi Priyo Amboro
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51031

Abstract

The high impact of COVID-19 requires the Government to issue a policy on limiting the number of prisoners. This study aims to find out the rules regarding the mechanism for accepting new prisoners by the Batam Detention Center due to the Covid-19 Pandemic, the impact of delays in accepting new prisoners by the Detention Center due to the Covid-19 Pandemic, the extent of readiness of law enforcement officers and policy concepts and solutions for accepting prisoners during endemic times. covid-19 by the Batam Rutan. This research method is normative juridical, with the results of receiving prisoners during the covid pandemic referring to the Decree of the Minister of Law and Human Rights, there have been restrictions on movement of prisoners, there has been a buildup of prisoners and during endemic times, Batam Detention Center only accepts registration and administration from the prosecutor's office and the police and started to enforce normal policies.
BATIK PEWARNA ALAM DENGAN TEKHNIK ECOPRINT SEBAGAI POTENSI PENGEMBANGAN WILAYAH INDIKASI GEOGRAFIS Fitika Andraini; Adi Suliantoro Arikha Saputra
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51065

Abstract

Geographical Indication is a legal protection to protect an item as a sign of the area of origin of an item due to several unique factors that are only owned by certain areas. Arrangements in TRIPs are based on the reputation, quality and distinctive characteristics of an area/region. Geographical Indications are a separate intellectual property that is unique because it can only be registered as a joint/communal right. The Indonesian law governing Geographical Indications is placed in one law together with trademarks, namely Law Number 20 of 2016 concerning Marks and Geographical Indications. in terms of product marketing and in terms of supervision. The setting of Geographical Indications must be able to adopt and support local economic development efforts and even be able to compete globally so that what criteria are needed to be granted this right. Criteria if a product can be registered as a Geographical Indication if it meets the objective and subjective requirements. Apart from distinguishing the special aspects of the name of origin of the goods, it must have economic value. This means that the name of origin does not only function as a differentiator, but it must be clear that the place of origin has a great influence on improving the quality of the goods. For example, natural color batik from Asem leaves and Ketapang leaves from the city of Semarang. Batik as an intangible heritage of the Indonesian nation was recognized by UNESCO on October 2, 2009. Batik is basically a technique of decorating textile surfaces by holding back dye, which must receive legal protection. One of the batik techniques instead of using canting is the Ecoprint Technique. As a cultural heritage of the Indonesian nation, especially in the city of Semarang, a sustainability of cultural heritage, especially Batik with natural dyes, is needed which requires government attention by obtaining permanent legal protection. The use of natural coloring from natural materials belonging to certain areas using the Ecoprint Technique can be a potential area for the development of Geographical Indications.
RELASI PENYELENGGARAAN PERADILAN PIDANA YANG CEPAT, SEDERHANA DAN BIAYA MURAH TERHADAP PELAKSANAAN PIDANA CAMBUK DI NANGROE ACEH DARUSSALAM: KONSTRUKSI TERHADAP PEMBAHARUAN RUU KUHP Safik Faozi; Rochmani; Wenny Megawati
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51179

Abstract

Article 2 paragraph 4 of Law no. 48 of 2009 concerning Judicial Powers of Punishment states that trials are carried out in a simple, fast and low cost manner. This principle has been implemented in the implementation of the imposition of caning in Aceh. The implementation is in an open field and ends in 1 day. It is interesting to study from the principles of fast, simple, and low-cost justice. The execution of the caning sentence which ends in 1 day embodies the principle of a fast trial, carried out in the open field by wearing a certain size of rattan, showing a simple trial. The implementation also demonstrates the principle of low-cost justice. In the perspective of the Criminal Code Bill, the implementation of this punishment is based on living law and has been stated in the applicable law in Aceh, realizing the criminal objectives of prevention, fostering perpetrators, restoring balance, and resolving conflicts. Its rationality rests on the laws that live in Aceh, and embodies the principles of fast, simple and low-cost justice. Philosophically, this punishment is built on the basis of the Acehnese people's view of life which relies on philosophical values ​​derived from Islamic law. Sociologically, caning has been around for a long time in Acehnese society. Juridically normative based on the 1945 Constitution, the implementation of caning reflects the law that lives in society as an embodiment of customary units that apply in Acehnese society as stipulated in Article 18 B.
PERAN MAHKAMAH KONSTITUSI SEBAGAI PENGAWAL DEMOKRASI DI INDONESIA Rommy Patra
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51180

Abstract

The role of the Constitutional Court (MK) as the guardian of democracy can be seen from its decisions related to judicial review and dispute resolution on election results. Problems: (1) What is the role of the Constitutional Court in guarding democracy in Indonesia so far? (2). How to increase the role of the Constitutional Court as the guardian of democracy in Indonesia? This writing uses a normative juridical method. The results of the study, the role of the Constitutional Court as the guardian of democracy: (1) the indicators are judicial review decisions that contribute to the development of democracy in Indonesia, such as Decision: No. 011-017/PUU-I/2003; No. 013-022/PUU-IV/2006; No. 013-022/PUU-IV/2006; No. 6/PUU-V/2007 and others. Meanwhile, the Constitutional Court's Decision regarding the resolution of disputes over the phenomenal election results is Decision No. 41/PHPU.D-VI/2008 which applies the concept of systematic, structured and massive election violations. However, there is also a conservative Constitutional Court Decision in Decision No. 51-52-59/PUUVI/2008 and Decision No. 53/PUU-XV/2017 where the Constitutional Court rejected the request to cancel the presidential threshold. (2) to increase its role, the Constitutional Court must develop a consistent pattern of decision-making to realize constitutional justice and not only rely on formal legality.
SISTEM PENDAFTARAN TANAH YANG MEMBERIKAN KEPASTIAN HUKUM HAK ATAS TANAH Rahayu Subekti; Purwono Sungkowo Raharjo; Hadhika Afghani Imansyah
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51181

Abstract

The purpose of writing this journal is to provide analysis and research on a land registration system that provides legal certainty of land rights for owners of land rights. Whereas for legal certainty which is a manifestation of the Safe Principle, a positive publication system is needed that is supported by the role of village officials. This Positive Publication System will later protect legal subjects written in the land book complete with floor plans in order to avoid land dispute conflicts. However, in the event of a dispute, in this positive publication system, the legal subject whose name is listed in the land book even though they are not entitled to the land will still be protected while the injured party will be given compensation in other forms. Here the role of Pamong Desa is needed, in addition to assisting the community, but based on PP no. 24 of 1997, it has a task, one of which is to provide legal protection and certainty to land rights holders as well as to collect data on ownership of rights in the apartment system. This is certainly related to the Obligation of Land Owners to Report their Land Ownership to the Village so that it is properly inventoried as an asset used, not as an absentee item.

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