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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 645 Documents
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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.
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.

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