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<![CDATA[EFEKTIFITAS PELAKSANAAN PIDANA MATI BANDAR NARKOBA ]]>
<![CDATA[Muhammad Farhan Abdillah]]>;
<![CDATA[Mitro Subroto]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51641
<![CDATA[The death penalty was among the most serious forms of crime in Indonesia. Not only in Indonesia, other countries far from Indonesia are also still debating the imposition of the death penalty. Drugs are dangerous substances that can damage the younger generation. Narcotics have become part of the perpetrators of drug dealers or dealers who are sentenced to death. The death penalty is considered as just since it can serve as a deterrence and can share horrors with someone who wants to commit a crime. On the other hand, the death penalty is a punishment that should not be applied because it deprives a person of the right to life. In dealing with this case, the author uses a qualitative approach. Qualitative research is understanding (understanding) social symptoms or phenomena by paying more attention to the complete picture of the phenomenon under study rather than breaking it down into related variables. According to the study's findings, the death sentence for drug-related offences should be abolished is still a criminal law enforced in Indonesia, as evidenced by the perpetrators of drug dealers and dealers of death penalty]]>
<![CDATA[TINJAUAN HUKUM PERDATA TERHADAP KEBIJAKAN KONSINYASI BERDASARKAN UNDANG-UNDANG RI NOMOR 2 TAHUN 2012 TENTANG KEWENANGAN NEGARA TERHADAP PENGADAAN TANAH UNTUK KEPENTINGAN UMUM ]]>
<![CDATA[Maslon Hutabalian]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51743
<![CDATA[Land procurement for public interest based on Law No. 2 Year 2012 Activities held land by giving compensation decent and fair for those who are eligible, the land acquisition is an activity undertaken by the private sector and the government in order to get a piece land allocated for the implementation of a specific development. This research is descriptive analysis with normative juridical approach, ie an approach to legislation related to land acquisition, so as that at issue in this study is how the rule of law to the public shareholders Certificate of Ownership (SHM) is a land in the consignment policy associated with state authority in the procurement of land for public purposes under Law No. 2 In 2012, What are the factors inhibiting the provision of land and how to overcome obstacles facing the government in the procurement of land for public purposes and how the legal protection of individuals (people) who have policies consignment on a piece of land without their prior agreement. Based on research that land procurement for public interest implemented by the government must have legal certainty for holders of land rights, the rule of law in this case means that the government can not impose its authority to waive or revoke ownership rights of a holder of rights on land allocated for public use without first taking care of right holders in terms of social aspects and of the economic aspect, so that the individual holders of land rights can extend their life better than before its release or revoked, then the government must be able to guarantee legal protection for individuals/ communities experiencing problems law, particularly in the context of land acquisition for public purposes, which individuals/ communities of the poor do not have the power to block any government action that seemed to rape their human rights.]]>
<![CDATA[IMPLEMENTASI PASAL 184 KUHP TERHADAP PENANGANAN TINDAK PIDANA PENGANIAYAAN YANG SULIT DITEMUKAN BARANG BUKTI (STUDI KASUS DI KEPOLISIAN RESORT MERAUKE) ]]>
<![CDATA[Nurul Widhanita Y. Badilla]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51744
<![CDATA[The main purpose of this research is to find out the implementation of Article 184 of the Criminal Procedure Code on the handling of criminal acts of persecution and the obstacles faced by the Merauke Resort Police in dealing with criminal acts of persecution that are difficult to find evidence of, while the method used in this research is empirical juridical. From the results of the research conducted by the author that the implementation of evidence in the investigation of criminal acts of persecution can be said to be valid to be transferred to the court if there are at least two valid pieces of evidence in accordance with Article 183 and Article 184 of the Criminal Procedure Code. If the existing evidence does not reach two valid pieces of evidence, then the evidence does not have sufficient evidentiary power at trial to prove the truth of the arguments or events or statements put forward. The obstacle for the Merauke Resort Police in dealing with criminal acts of persecution is that it is difficult to find evidence, namely from internal causes and external causes. It is necessary to make additional regulations regarding evidence to be used as a basis in handling or deciding criminal cases, especially regarding the crime of persecution. It is necessary to increase human resources such as the number of personnel and facilities and infrastructure such as rooms or houses for storing state confiscated objects for securing evidence of criminal acts as well as the Merauke Resort Police must firmly provide more explanations to witnesses and suspects the importance of evidence for the criminal investigation process persecution.]]>
<![CDATA[URGENSI PENERAPAN INSTRUKSI PRESIDEN NOMOR 2 TAHUN 2022 PADA PELAKSANAAN PENGADAAN BARANG/JASA PEMERINTAH ]]>
<![CDATA[Satrya Surya Pratama]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51861
<![CDATA[The Covid-19 pandemic that has hit the world since 2019 has had many impacts on various sectors, one of which is on the world economic growth and development sector, including in Indonesia. Various efforts to overcome the pandemic have been carried out to prevent the spread of Covid-19, one of which is the recommendation to stay at home which has an impact on the number of public places that are closed and has resulted in many local business actors experiencing a decrease in income and even closing their businesses. Due to these conditions, the government issued Presidential Instruction Number 2 of 2022. The purpose of this study is to find out and analyze the urgency of implementing Presidential Instruction Number 2 of 2022 on the implementation of Government Goods/Services Procurement. Primary Data is obtained through field studies, while Secondary Data is obtained through literature studies. The analysis method used is the Empirical Juridical Data Analysis Method. The results of this study show that if the presidential instruction is carried out properly by all parties, it can certainly make a positive contribution to the decline in the income of local business actors, and can increase the competitiveness of local domestic products. This implementation can bring the country's economic development in a better direction after being affected by the prolonged Covid-19 pandemic.]]>
<![CDATA[TINJAUAN TENTANG SISTEM PEMBAGIAN HARTA WARISAN KEPADA PARA AHLI WARIS MENURUT HUKUM ADAT SUKU BAHU POSTO ADMINISTRATIVO BAUCAU (Studi Penelitian Suku Bahu) ]]>
<![CDATA[Celestina Gusmão]]>;
<![CDATA[Seguito Monteiro]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51950
<![CDATA[The distribution of inheritance has customary inheritance requirements, namely: certainty of the death of the person who owns the property, certainty of the life of the heir when the heir dies, and knowing the causes of the status of each heir. The approach to writing this thesis is a cultural approach, which is to examine the position of each heir according to the customary law of the Bahu Tribe to obtain inheritance from the heir. New inheritance can be inherited to other parties if the testator has died, and the heirs or heirs who have the right and power to distribute the inheritance to their brothers and sisters are the first son, more entitled to regulate the inheritance left by the testator and distribute it to other heirs in accordance with existing procedures. The results of the study show that customary inheritance according to the Bahu tribal community, the heirs have the same rights, but boys and boys have higher rights than girls.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PEMBATASAN KEGIATAN UNJUK RASA OLEH MAJELIS DESA ADAT DALAM PERSPEKTIF HAK ASASI MANUSIA (KEPUTUSAN MAJELIS DESA ADAT PROVINSI BALI NOMOR: 08/SK/MDA-PBali/X/2020) ]]>
<![CDATA[A.A. Mas Adi Trinaya Dewi]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.51951
<![CDATA[The purpose of writing this thesis is for these matters: (1) to find out and analyze the legal force of Kep. MDA 08/SK/MDA-PBali/X/2020 against traditional villages in Bali in relation to restrictions on demonstrations at the traditional village of Wewidangan; (2) to find out and analyze the existence of Kep. MDA. 08/SK/MDA-PBali/X/2020 which is viewed from the perspective of human rights. This thesis is classified as a normative research which uses 2 types of approaches, namely the statutory approach and the conceptual approach. The legal materials in this thesis were collected using document study techniques and then analyzed qualitatively. Based on the research results, it is known that Kep. MDA 08/SK/MDA-PBali/X/2020 has binding legal force against traditional villages in Bali. This opinion is based on 3 considerations, namely: (1) the arrangement of Kep. MDA 08/SK/MDA-PBali/X/2020 is in accordance with the theory of Catur Praja and in line with the concept of the rule of law; (2) according to the considerations from Kep. MDA 08/SK/MDA-PBali/X/2020, it is known that the a quo decree was born after the traditional village in Bali stipulates and enforces Pararem for the Prevention and Control of Gering Agung Covid-19; and (3) Kep. MDA 08/SK/MDA-PBali/X/2020 is an implementation of the Bali Mawacara principle as referred to in Regional Regulation Number 4 of 2019. Furthermore, Kep. MDA 08/SK/MDA-PBali/X/2020 could not be qualified as a violation of human rights. Based on the principle of siracausa, the International Covenant On Civil And Political Rights 1966, and the provisions of Article 28 J of the 1945 Constitution of the Republic of Indonesia, the a quo decision can actually be used as a means to respect, protect, and fulfill human rights for every Balinese citizen, especially karma desa, krama tamiu, and guests who are in the traditional village of wewidangan.]]>
<![CDATA[IMPLIKASI HUKUM PENGENDALIAN DAMPAK LINGKUNGAN DALAM PEMBANGUNAN PERUMAHAN DI KABUPATEN KARIMUN ]]>
<![CDATA[Cendy Glaksy]]>;
<![CDATA[Lu Sudirman]]>;
<![CDATA[Junimart Girsang]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.52002
<![CDATA[The construction of housing and settlements in urban areas generally takes place rapidly, requiring large areas of land. The construction of housing and settlements is one of the fundamental problems faced by the government, including in Karimun Regency. This study examines the legal implications of controlling environmental impacts in housing development in Karimun district, policies related to environmental law, urban spatial planning. This research is a normative legal research based on the results of library research. The secondary data are in the form of laws and regulations in the field of environmental law, urban spatial planning, land law, books and research results in the field of environmental law. Sustainable development and controlled use of natural resources are the objectives of environmental management. To achieve the goal, it must be estimated changes in environmental conditions, both favorable and unfavorable.]]>
<![CDATA[KAJIAN YURIDIS TERKAIT PENENTUAN BESAR UPAH PEKERJA BERDASARKAN PASAL 88 C UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA ]]>
<![CDATA[Agus Surya Manika]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.52010
<![CDATA[Article 88C paragraph (2) of the Employment Creation Law which states that the governor can set a district/city minimum wage under certain conditions. So if further observed the use of the word "can" in Article 88 C Paragraph (2) causes multiple interpretations. Based on the description of the background above, the author can formulate two problems, namely How is the Wage System Arrangement in the Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower which has been changed to Law Number 11 of 2020 concerning Job Creation? And how is the determination of workers' wages based on Law Number 11 of 2020 concerning Job Creation? the type of legal research used is normative. To analyze the legal materials that have been collected, several analytical techniques are used, namely description techniques, interpretation techniques, evaluation techniques, and argumentation techniques. The conclusion of this research is that the regulation of the wage system in Law No. 11 of 2020 concerning job creation is that the type of wages is reduced, then the component of decent living is not included where the Job Creation Act is, and the length of service is not considered. Then the determination of the amount of wages for workers based on article 88 c of Law No. 11 of 2020 concerning job creation is that the Job Creation Law only provides for the obligation to set minimum wages at the provincial level, while at the district/city level it is optional or optional.]]>
<![CDATA[KEDUDUKAN HUKUM PERDAGANGAN INTERNASIONAL TERHADAP PEREKONOMIAN INDONESIA ]]>
<![CDATA[Ni Kadek Srimasih Ristiyani]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.52011
<![CDATA[International trade is trade carried out between countries or state governments with other countries undergoing a trade relationship in accordance with the agreement between the two parties conducting international trade. Trading international trade is trade carried out by residents of a country with residents of other countries by mutual agreement. The population in questions can be between individuals (individuals with individuals), between individuals and the government of a country, or the government of one country with the government of another country. By conducting international trade, it will provide benefits and make the country’s economic growth directly in the form of an influence on the allocation of resources or directly such as the number of investors entering. Intrernational is also important because it can help create jobs.]]>
<![CDATA[BERLAKUNYA KESETARAAN HAM, GENDER, DAN PEMBERDAYAAN PEREMPUAN BERDASARKAN PERSPEKTIF HUKUM INTERNASIONAL ]]>
<![CDATA[Putu Tya Diliana]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v8i2.52012
<![CDATA[This study aims to find out and also examine the equality of human rights. Gender and women's empowerment in the perspective of International Law, as well as reviewing solutions in cases of gender equality, human rights, and women's empowerment which will be discussed sequentially. The type of research used by the author in this study is normative legal research, a research method which in this case combines elements of normative law which is then supported by additional data or empirical elements. and case approach. This writing uses materials in doing writing with primary, secondary and tertiary legal materials which can show that this research is based on international law in general. A legal and normative concept which states that humans have rights that are very inherent in themselves because they are human beings who have full rights and these rights apply anytime and anywhere, differences that often occur make humans lose their rights such as inequality. Gander, which makes humans different from other humans, occurs very often, giving rise to the feeling that differences are a mistake. The progress achieved by a woman and the achievement of equality between women and men is one of the issues of human rights and a necessary condition for the welfare of society.]]>
