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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
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAKAN MENJUAL BUKU BAJAKAN MELALUI E-MARKETPLACE Ni Nyoman Muryatini; I Gusti Bagus Agung Kusuma Atmaja
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.v8i2.51182

Abstract

Nowadays, activities of offering, selling, purchasing goods and services have changed along with the rapid development of information technology. These also encourage the changes in people’s behavior and lifestyle. Buying and selling goods and services were previously carried out through conventional markets, but now can be done through online markets, namely through e-marketplaces. Pirated books were widely sold at roadside stalls, but now they are sold through online sites, namely e-marketplaces. Based on the research conducted by the Indonesian Publishers Association (IKAPI), 54.2% of publishers found that pirated books of their work were sold through online markets during the pandemic of COVID-19. The problem studied in this study is the effectiveness of law enforcement against the sale of pirated books through e-marketplace. The research method used in this research is empirical juridical. Empirical juridical research refers to the research that analyzes and examines the workings of law in society. The results of the study indicate that the Copyright Act uses complaint offenses. The law enforcement officers cannot act proactively against copyright infringement. It often happens that the copyright holder does not know his copyrighted work has been pirated. The effectiveness of law enforcement against the sale of pirated books through e-marketplaces in Indonesia is currently not effective. This is shown by the number of cases of selling pirated books on e-marketplaces at this time.
POLLUTER PAYS PRINCIPLE DALAM KETENTUAN PERUNDANGAN PENGELOLAAN AIR LIMBAH DOMESTIK DI KECAMATAN CIRACAS JAKARTA TIMUR Wisnu Anindito Wiraatmaja; Sapto Hermawan; Asianto Nugroho
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.v8i2.51183

Abstract

People's daily activities for cooking, bathing, washing, latrines, produce household domestic wastewater which has the potential to cause water pollution, both well water and river water. This is exacerbated by the lack of public awareness of the environment and low public understanding of the Polluter Pays Principle. This research was conducted to identify the understanding of the people of Ciracas District, the provisions and implementation, the alignment of the provisions of the legislation related to the management of domestic wastewater, as well as the obstacles faced in its implementation. It is concluded that the public's understanding of the Polluter Pays Principle is still low. The construction of a domestic wastewater management installation in the Kampung Rambutan Reservoir can be a real step in an effort to increase public awareness in managing domestic wastewater. The alignment of the provisions of laws and regulations regarding the application of the Polluter Pays Principle in domestic household wastewater management still needs to be improved. The obstacle in its implementation is the lack of formal and informal education for the community about domestic wastewater management. The role of the government which is felt to be less than optimal is also an obstacle in growing public awareness in managing domestic wastewater. In addition, plans for the development of a domestic wastewater management system are generally also constrained by the low participation and resistance of the community.
PENGATURAN LARANGAN RANGKAP JABATAN MENTRI DALAM PERATURAN PERUNDANG-UNDANGAN DI INONESIA I Komang Trisna Adi Putra
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.v8i2.51184

Abstract

Article 23 of the Law on State Ministries, ministers are prohibited from holding concurrent positions. However, at the Ministry of Defense, which is held by Prabowo Subianto, there was a dual position carried out by Prabowo Subianto where he served as Minister of Defense and general chairman of a political party. Judging from Article 23 of the Law on the Ministry of State, there is ambiguity in letter C, because Prabowo Subianto, apart from being the Minister of Defense, is also the general chairman of a political party. Article 35 paragraph (1) letter c of Law No. 2 of 2011 concerning Political Parties also regulates the existence of financial sources for political parties, namely in the form of financial assistance from the State Revenue and Expenditure Budget (APBN)/Regional Revenue and Expenditure Budget (APBD). Assistance sourced in this case (APBN/APBD) is assistance from the central government and local governments which of course already have arrangements that are in accordance with the needs of the party. Of course, each party does not get the same assistance because the provision of assistance from the central and regional governments sourced from the APBN/APBD is based on or based on the votes obtained by each party in the current Minister of Defense election where he is still the general chairman of a political party when viewed One of the sources of income for political parties in Indonesia is the APBN or APBD. Therefore, concurrent positions carried out by a minister who is also the general chairman of a political party have violated Article 23 letter C of the State Ministerial Law which can interfere with the performance of a minister in carrying out his duties so that the resulting performance cannot be optimal because it is divided by his activities as a general chairman of a political party.
PERAN PPNS SAT POL PP DALAM PENEGAKAN PERDA NO 8 TAHUN 2009 TENTANG PENGAWASAN DAN PENGENDALIAN MINUMAN BERALKOHOL DIKOTA SEMARANG Aris Nursetyabudi; Dyah Listyarini; 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.v8i2.51185

Abstract

The Civil Service Police Unit (Satpol-PP) is a government apparatus at the regional level which has the function to carry out Regional Regulations and Regional Head Regulations on the basis of Law 23 of 2014 concerning Regional Government. Then this was continued in Government Regulation Number 16 of 2018 concerning the Civil Service Police Unit. Therefore, considering the importance of the role of Satpol-PP in enforcing regional regulations, this 'research' aims to find out how the 'role of the police unit' civil service in Semarang City is in enforcing regional regulations No. 8 of 2009 concerning 'Supervision' and 'Control of alcoholic beverages. in the city of Semarang. The research method used is the normative juridical method with case studies on enforcement by the Civil Service Police Unit (Satpol-PP) in Semarang City whose data includes: data on cafes, restaurants, karaoke places and/or places where alcohol drinks do not meet the requirements as regulated in Regional Regulation No. 8 of 2009, there are still many restaurants that do not meet the requirements stipulated in the legislation. Therefore, the role played by the Civil Service Police Unit is by litigation, namely the enforcement process as stipulated in the Criminal Procedure Code and Administrative Sanctions in the form of administrative termination in the form of temporary suspension.
UPAYA PENINGKATAN KUALITAS KINERJA PELAYANAN KESEHATAN APARATUR SIPIL NEGARA (STUDI IMPLEMENTASI PELAYANAN KESEHATAN DI PUSKESMAS KARANGMALANG KABUPATEN SRAGEN) Dhani Nuravianto Aji; Asianto Nugroho; Sapto Hermawan
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.v8i2.51387

Abstract

This article aims to determine the efforts to improve the quality of ASN health service performance and the obstacles faced in improving the performance of health services at Karangmalang Health Center, Sragen Regency. This article uses a descriptive qualitative empirical research method with a sociological juridical approach. In this research, the writer took the research location in Karangmalang Public Health Center, Sragen Regency. Based on the results of the benchmark research, efforts to improve the quality of ASN health service performance at the Karangmalang Health Center, Sragen Regency are considered good and satisfactory with the observed variables of health service quality dimensions, namely (1) Tangibles (physical evidence), (2) Reliability (reliability), (3) Responsiveness (responsiveness), (4) Assurance (assurance), (5) Empathy (empathy). The quality of ASN services, theoretically there are five factors to measure the quality of health services. There are several weaknesses that need to be addressed and improved in an effort to improve the quality of ASN health service performance at the Karangmalang Health Center, namely: 1. The dimension of responsiveness in health services is good, only a lack of dentists. This is not in accordance with Permenkes Number 75 of 2014, so that the service for patients with toothache is hampered. 2. Limited stock of generic drugs that are affordable by the community. 3. There is no recruitment of co-assistant staff and intensive doctors, but only accepts students from the nursing department.
PERLINDUNGAN HUKUM KONSUMEN DALAM TRANSAKSI JUAL BELI PELIHARAAN REPTIL SCARA ONLINE DI SURAKARTA Razzaq Atalarik; Asianto Nugroho; Sapto Hermawan
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.v8i2.51392

Abstract

This article aims to examine consumer legal protection, advantages and disadvantages in online buying and selling of reptiles in this increasingly sophisticated era of globalization which is a new lifestyle in transactions in Surakarta. The research method used is normative research, statutory approach, researching consumer protection regulations against online buying and selling, then processed and analyzed using legal interpretation and argumentation systematically and written descriptively. The results of research regarding the legal protection of consumers buying and selling reptiles online in Surakarta for consumers experiencing losses. In Law No. 19 of 2016 in Article 28 paragraph 1 regarding consumer losses in e-commerce, it is only a general rule. PP N0 71 of 2019, in principle, business actors can be held accountable, namely contractual, presumption of responsibility and absolute responsibility. The UUPK in Article 19 regulates the responsibility for compensation and traditional buying and selling transactions. The responsibility of business actors to buyers in buying and selling online has not been specifically regulated. so that the government as a regulator is very urgent to take action. reconstruction of Law Number 19 of 2016 concerning ITE and induced in the RUUPK process which is still in the Prolegnas process at the DPR RI. The advantages of buying and selling reptiles online are because of new lifestyles/trends, various ease of accessing internet applications, fast, practical transaction processes, saving time, energy and costs without having to visit the location and send it to the consumer's house. Weaknesses are prone to fraud, incompatibility of animals being sent, stressful conditions, running away, getting sick, dying at the time of delivery. If there is a default, the consumer has no clarity and legal certainty
TINDAKAN NOTARIS-PPAT DALAM MENANGANI PERJANJIAN PERALIHAN HAK ATAS TANAH YANG BERPOTENSI KONFLIK Sang Ayu Made Ary Kusumawardhani
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.v8i2.51394

Abstract

The making of a deed of sale and purchase of land by a Notary / Land Deed Making Officer (PPAT) is not in accordance with the procedures for making a Land Deed Deed (PPAT). This is caused by the existence of situations and conditions in the sale and purchase which causes the discrepancy seems to be done so that the transaction or process of buying and selling land can take place. In accordance with the above bachground, the authors are interested in conducting further research with the little Notary-PPAT Action in Handling Land Rights Transfer Agreements that Have The Potential to Conflict : 1. The formulation of the problem is what are the factors that cause an agreement to transfer land rights to potential conflict. 2. What are the forms of action of a notary-PPAT in dealing with land rights transfer agreements that have the potential for conflict. This type of research is empirical legal research, namely research based on facts in the field and collected by processing certain data. The problem approach used is empirical-juridical, namely by examining the reality in the form of the case of the transfer of land rights agreement and then linking it with juridical facts which then tries to find solutions to the gaps. The conclusion of this study is the factors causing the occurrence of potentially conflicting agreements include: 1) There is a situation that requires the Land Deed Maker Official (PPAT) to make a deed of sale and purchase that is not in accordance with the procedures for making a PPAT deed, which is needed in order to save a sale and purchase transaction; 2) There is a very high mutual trust between fellow Land Deed Making Officials (PPAT) and between the parties and the PPAT; 3) The time and busyness factor of the parties; 4) Reasons for time efficiency for the parties due to the making of the deed of sale and purchase; 5) The factor of the value of the sale and purchase transaction; 6) Relationship and friendship factors; 7) Factors caused by a request from the parties. The forms of action of the Notary-PPAT in dealing with land rights transfer agreements that have the potential to conflict are a process in the context of motivational orientation and value orientation. On the principle of motivational orientation which refers to individual desires (Notary-PPAT) which acts to increase satisfaction and reduce losses, four basic considerations are found as follows: 1) Basic considerations of success; 2) Value considerations; 3) The basis for consideration of experience; 4) Rare opportunity considerations.
PELAKSANAAN SISTEM ZONASI PPDB TERHADAP MANAJEMEN MUTU PENDIDIKAN BERASASKAN KEADILAN DI SMP NEGERI KOTA DENPASAR TAHUN 2021 Putu Ronny Angga Mahendra
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.v8i2.51438

Abstract

Education in Indonesia has actually become a special concern to see how equal access can be enjoyed by all levels of Indonesian society. In access to equity, what needs to be considered is equality of opportunity and justice in obtaining education. Efforts made by the government in realizing a quality and easily accessible education system by implementing the registration of New Student Admissions (PPDB). The implementation of New Student Admission in Denpasar City has been going very well and optimally organized. This can be seen from the making of a technical guideline as the operational basis for the school as the organizer and implementer of PPDB. The zoning line in PPDB has changed the caste of a school in society. This will certainly be able to realize the quality and quantity of our national education in a fair and equitable manner. In essence, education is the right of all children of the nation, guaranteed by the constitution and mandated in an ideal of the independence of the Indonesian nation, namely the intellectual life of the nation.
FUNGSIONALISASI HUKUM SEBAGAI FONDASI BANGUNAN PERADABAN PERGURUAN TINGGI YANG ANTI KEKERASAN SEKSUAL Made Sugi Hartono
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.v8i2.51573

Abstract

The issuance of Regulation of the Minister of Education, Culture, Research, and Technology Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education implies the issue of sexual violence in higher education that needs to be taken seriously. It is an irony that universities which are a reflection of the quality of humanity actually experience problems that attack the human rights of their community members. Efforts to tackle sexual violence in universities are rational because society's civilization is built on the foundation of a conducive academic climate. The next alternative path that can be taken is derived into a problem formulation about the extent to which the law is able to play its role in efforts to resolve the problem of sexual violence in universities. This study is aimed at analysis related to the functionalization of law and its consequences on the selection of certain legal fields, both administrative, civil, and criminal in overcoming sexual violence in universities. Through the juridical-normative method, this research was carried out using a statutory, case, and conceptual approach. Primary, secondary and tertiary legal materials were collected through literature study. Analysis of the legal materials that have been collected, selected, and systematized is carried out qualitatively and written in a descriptive-prescriptive manner. The results of the study show that efforts to build civilization for universities are parallel with respect for human rights. Coherently means that actions that are violations of human rights which in this case take the form of sexual violence must be handled properly. Law as a tool of social engineering becomes a very rational choice in addition to other social rules, namely decency, appropriateness, religion. Areas of law that can be applied include administrative, civil, and criminal law. Among the three fields of administrative law, it is the field of administrative law that needs to be put forward considering the character of criminal law which is ultimum remedium or a last resort when other efforts are not able to solve problems optimally. this is none other than because criminal law itself has limitations whose use causes negative excesses so that caution is required in its application.
PERAN HAKIM DALAM PENEGAKAN RESTORATIF JUSTICE MELALUI HUKUM PIDANA ADAT I Made Widiasa
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.v8i2.51602

Abstract

Article 18B paragraph (2) of the Constitution of the Republic of Indonesia provides recognition of laws that live and develop in society. One of the law enforcement officers who are given the authority to explore the values that live in the community, namely the Judge as regulated in Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. The values that live and develop in the community or better known as customary criminal law can be a way for judges to carry out restorative enforcement, so the role of judges is needed in assessing and considering the facts of case settlement outside the trial. This study aims to determine and analyze the role of judges in the enforcement of restorative justice through customary criminal law. This article is a normative legal research using a statutory and conceptual approach. The results of the study show that judges are facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace between victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures for Organizing Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.Judges as facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace carried out by victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures to Organize Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.

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