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<![CDATA[ANALISIS PENGATURAN HAK IMUNITAS TERHADAP ANGGOTA DEWAN PERWAKILAN RAKYAT (DPR) YANG TERJERAT KASUS HUKUM ]]>
<![CDATA[Agus Surya Manika]]>;
<![CDATA[Ni Made Trisna Dewi]]>;
<![CDATA[A.A. Mas Adi Trinaya Dewi]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.65367
<![CDATA[This article discusses the regulation of immunity rights granted to members of the People's Representative Council (DPR) who are involved in legal cases. The main objective of this research is to analyze the regulation and impact of immunity rights on DPR members involved in legal cases. This research utilizes a document analysis method to examine the regulations and laws related to DPR immunity rights, as well as case studies involving DPR members implicated in legal cases. The data used in this research are sourced from legal documents, court rulings, and media reports. The research findings indicate that the immunity rights granted to DPR members provide special legal protection that restricts their detention, arrest, and prosecution during their term in office. However, the use of these immunity rights also raises various controversies, especially when DPR members are involved in legal cases involving corruption or other serious violations.]]>
<![CDATA[PENGATURAN TINDAK PIDANA ILLEGAL CONTENT PERSPEKTIF RESTORATIVE JUSTICE DI MASA YANG AKAN DATANG (IUS CONSTITUENDUM) ]]>
<![CDATA[I Made Wahyu Chandra Satriana]]>;
<![CDATA[Ni Made Liana Dewi]]>;
<![CDATA[I Putu Anton Maha Dippayana]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.66208
<![CDATA[The settlement of illegal content crimes in Law Number 19 of 2016 concerning Electronic Information and Transactions, which has a paradigm of retaliation using criminal law, has caused many reactions for justice seekers. Thus it is necessary to conduct research on the regulation of illegal content criminal acts from the perspective of restorative justice as a legal profile in the future. The issues raised in this study are regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) and policies for solving illegal content crimes from a restorative justice perspective in the future (ius constituendum). The absence of legal norms in this study is the absence of restorative justice arrangements in the settlement of illegal content crimes in Law number 19 of 2016 concerning Information and Electronic Transactions. The results of this study are that the regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) refers to the Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice which in principle prioritizes peaceful processes and avoids retaliation in the form of criminal. The policy at the investigation stage for the settlement of illegal content criminal acts from the perspective of restorative justice in the future (ius constituendum) is carried out by stopping the investigation at the investigative level for the sake of law.]]>
<![CDATA[KAJIAN YURIDIS TERHADAP JUAL BELI PULAU BERDASARKAN HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[I Gusti Bagus Agung Kusuma Atmaja]]>;
<![CDATA[Ni Nyoman Muryatini]]>;
<![CDATA[Anak Agung Ayu Meitridwiastiti]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67608
<![CDATA[The issues discussed in this study regarding purchasing islands are reviewed from positive laws in Indonesia. The method of research used in this study is normative-juridical. Normatif juridical research examined a code or rule of law as a system building associated with a legal event. The study was conducted with the intent of providing legal arguments asa basis for determining whether an event was right or wrong and how it should be lawful. Studies have shown that until now in Indonesia's positive laws there is no statute of limitation - an invitation that strictly regulates policy on buying and selling islands in Indonesia. Chapter 33 of the 1945 law stipulated that islands were a national asset for the people of Indonesia. Based on a study of the regulations of the law - invitations in Indonesia, both a foreign investor and a foreign corporation could be granted the rights to business, the rights to building and the rights to use for investment in Indonesia. This asserted that foreign citizens could not own land in Indonesia.]]>
<![CDATA[REGULASI TEKNIS PEMBUKTIAN PADA PELAKU INSIDER TRADING DALAM PASAR MODAL DI INDONESIA ]]>
<![CDATA[Komang Dhira Pannavira]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67609
<![CDATA[This study aims to determine investor protection against insider trading in the Indonesian capital market and to find out the technical arrangements for proving insider trading in the Indonesian capital market. The method used in research related to the legality of medical cannabis as a treatment for cerebral palsy in Indonesia uses a type of normative juridical research, using a statutory approach or statute approach to analyze legal issues in this study. The results of this study found that investor protection against insider trading in the Indonesian capital market has been provided, namely in Law Number 8 of 1995 concerning Capital Markets (Capital Market Law) and its derivative regulations regulating the prohibition of insider trading. However, technical verification arrangements for insider trading actors in the Indonesian capital market, until now there have been no specific provisions related to technical verification for insider trading players in the Indonesian capital market, this makes it difficult to prove the existence of insider trading in Indonesia.]]>
<![CDATA[STUDI KOMPARATIF EUTHANASIA AKTIF SEBAGAI BENTUK EKSEKUSI BAGI TERPIDANA MATI YANG LEBIH MANUSIAWI DAN BERADAB ]]>
<![CDATA[I Komang Mahardika Wijaya]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67611
<![CDATA[This research is a normative research (legal research) using the method of collecting library studies. This research topic is divided into two issues. The first topic is how to regulate the execution of executions in Indonesia and the second topic is whether the implementation of active euthanasia as a more humane and civilized form of execution.The Constitutional Court affirmed the inclusion of the death penalty both in the Criminal Code and outside the Criminal Code with Decision Number 21/PUU-VI/2008 which stated that the imposition of the death penalty did not contradict the Constitution. According to Article 99 (3) of the new Penal Code, "the death penalty shall be carried out by shooting prisoners by firing squad or by any other means prescribed by law."Carrying out the death penalty according to the regulated law is still an inhumane and uncivilized thing, therefore the author came up with the idea to introduce active euthanasia as a form of execution of the death penalty in Indonesia.The definition of euthanasia which is none other than ending life in an easy and painless way or commonly called mercy killing (death peacefully). The discussion was accompanied by a comparative study of executions in California, which involves injecting substances into a vein in lethal amounts sufficient to cause death, as instructed by the Department of Corrections and Rehabilitation.]]>
<![CDATA[KEADILAN RESTORATIF TERKAIT PENYELESAIAN TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN KORBAN MENINGGAL DUNIA ]]>
<![CDATA[Si Putu Hendra Pratama]]>;
<![CDATA[Si Ngurah Ardhya]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67648
<![CDATA[The development of society and advances in the field of technology also encourages progress of the field of transportation, it is clear that progress is so rapid that it is necessary to have a rule that regulates traffic, where the regulation aims to create an orderly situation in traffic . Regulations regarding traffic are contained in the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation. Traffic accident cases are processed by criminal justice procedures in accordance with applicable laws and regulations as stated in article 230 of the Traffic and Public Transportation Law, but the legal facts are ambiguity in the settlement of traffic accident cases where the settlement is resolved through a judicial process and some are resolved without going through a legal process based on peace. Then can Restorative Justice be applied to traffic accidents that result in the victim's death ? And how is the validity of the peace decision on handling accident crimes based on Police Restorative Justice if it is related to the provisions of article 230 in conjunction with 235 paragraphs (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation ? And to answer these problems, it is necessary to conduct discussions relating to norms in law and examine various kinds of formal legal rules, so that they can provide input and limitations in legal science and criminal law in general and in particular in order to achieve justice and certainty in case settlement. traffic accidents that resulted in the victim's death.]]>
<![CDATA[REFORMULASI HUKUM PIDANA TERKAIT TINDAKAN KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL ]]>
<![CDATA[I Gusti Agung Virlan Awanadi]]>;
<![CDATA[I Ketut Rai Setiabudhi]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67650
<![CDATA[Sexual violence is an act that harms the values embodied in decency and religious norms. The government issued a policy, a Government Regulation, to address this issue by administering chemical castration to sexual violence perpetrators. The purpose of this study is to reformulate the Government Regulation Implementation in order to find the appropriate reformulation of future regulations against perpetrators of sexual violence. This is because there has been a lot of debate for and against this issue. The methods of normative legal research, which are related to norms and approach statutory regulations and concepts, are used in problem solving. Castration was found to have no justification in this study. influenced by varying opinions and provisions regarding castration. Examples include doctors refusing to execute sexual violence perpetrators and going against the 1945 Constitution in Article 28B regarding the right to continue offspring. The implementation of castration in the Child Protection Stipulation Law itself can be removed to reformulate the castration sanction policy. In the Government Regulation for the Implementation of Castration, sexual violence cases can only be handled by rehabilitation facilities. In addition, the Criminal Code, the Elimination Of Domestic Violence Law, and the Criminal Acts Of Sexual Violence Law all already contain provisions that are more pertinent to handling cases of sexual violence.]]>
<![CDATA[LEGAL PROTECTION FOR FOREIGN LEGAL SUBJECTS IN INTERNATIONAL CONTRACTS: AN INTERNATIONAL PRIVATE LAW PERSPECTIVE ]]>
<![CDATA[I Putu Dwika Ariestu]]>;
<![CDATA[I Dewa Gede Herman Yudiawan]]>;
<![CDATA[Putu Riski Ananda Kusuma]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67652
<![CDATA[The protection of foreign legal subjects in the context of international contracts has become an increasingly important issue in international relations. In the era of globalization and economic integration, international contracts serve as a primary instrument in facilitating cross-border transactions. However, foreign legal subjects face different challenges and risks compared to domestic legal subjects. This journal examines the legal protection of foreign legal subjects in international contracts from the perspective of international private law. International private law plays a crucial role in governing legal relationships between nations and resolving disputes involving foreign legal subjects. Foreign legal subjects, such as individuals, companies, or legal entities from other countries, require effective legal protection in contractual rights, enforcement of intellectual property rights, dispute resolution, and prevention of discrimination. Challenges include differences in laws between nations, variations in the understanding of principles of international private law, and disparities in jurisdictional systems. To provide fair and equal legal protection for foreign legal subjects, it is important to understand the perspective of international private law. This journal analyzes various aspects of legal protection for foreign legal subjects in international contracts through a doctrinal approach and analysis of international court practices. The analysis and findings of this journal are expected to contribute to the understanding of the legal protection of foreign legal subjects in the context of international contracts and promote the development of more effective and inclusive legal frameworks.]]>
<![CDATA[HAK ATAS PENDIDIKAN DALAM SISTEM PENERIMAAN PESERTA DIDIK BARU BERBASIS ZONASI DI INDONESIA ]]>
<![CDATA[I Putu Andika Pratama]]>;
<![CDATA[Ketut Suardita]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.67653
<![CDATA[Education is the human’s right as the main fondation in the development of the nations. The school zoning system is implemented in the process of accepting new student in order to acess the education evenly. The problem of this research are related to the rules of accepting new students through the zoning system and the authority in determining their zones. This research is aimed to be a critic related to school zoning process which is still becoming an issue nowdays. This research was normative analyzed by using three methods such as statue approach, fact approach and analytical conceptual aproach. The results in this research showed that there is vagueness norm in determining the school zone which has caused some problems for the new students. Therefore, the government’s authority is needed to interpretation this vagueness, and give freedom in determining the zoning area for new student who cannot enter the school because of the long distance. It should be done in order to implement the educational justice and enforcement of human rights in Indonesia.]]>
<![CDATA[YUDISIALISASI POLITIK: PERAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN MASALAH KONSTITUSIONALITAS UNDANG-UNDANG PEMILIHAN UMUM ]]>
<![CDATA[I Wayan Budha Yasa]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 9 No 2 (2023): 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.v9i2.69191
<![CDATA[This article will be discussed in general about judicialization of politics at the theoretical and practical level in the Indonesian context. Meanwhile, in particular, this article will discuss the role of the Constitutional Court in solving the problem of the constitutionality of the Electoral Law using the concept of judicialization of politics. The purpose of the discussion is to find out for sure whether the role of the Constitutional Court is only limited to resolving the issue of the constitutionality of the Electoral Act or is more likely to show the practice of judicialization of politics. Normative research methods are used for the purposes of this research by prioritizing a case and conceptual approach to analyze the legal materials used. The legal materials collected as a support for this research are then qualitatively constructed and presented descriptively. Based on the results of the discussion, it is known that the practice of judicialization of political dissemination in Indonesia can be seen in the decisions of the Constitutional Court regarding the resolution of the constitutionality of the Electoral Law. The existence of a requirement from the Constitutional Court in determining the unconstitutionality of the provisions of the Electoral Act as contained in the decisions of the Constitutional Court, indicates that the power of the law has entered to regulate the political process. Thus, the role of the Constitutional Court is not only limited to solving the issue of the constitutionality of the Electoral Act, but tends to show the practice of judicialization of politics.]]>
