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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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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.
PSIKIATER DALAM RANAH HUKUM PERADILAN PIDANA Muhammad Farhan Abdillah; Iman Santoso
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
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.v8i1.51572

Abstract

The science of criminal law provides a requirement to say that someone committing a crime must fulfill the elements of an act that legally violates the law or has a normative nature against the law, Forensic Psychiatry has a significant position in the field of criminal law as a factor of proof in criminal liability. Psychiatry ensures the size of a person's responsibility in violating criminal law. Often a person in every day seems reasonable in his mind, but in a psychiatric examination it is clear that he has mental problems that reduce his responsibility, but he finds a severe punishment. The purpose of this paper is to determine the role and position of psychiatrists in the criminal justice system. The research method in this paper uses literature research, by applying a qualitative approach this research can be made. Qualitative research is research that interprets a symptom such as a social phenomenon that focuses on the complete picture of a phenomenon to be studied. The results of the discussion show that the role of psychiatrists as legal agents of law enforcement officers and in the criminal justice system is positioned as an expert in every stage of examination in criminal procedural law, both in the investigation stage, additional examination on prosecution and expert testimony on evidence at trial.
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.
EFEKTIFITAS PELAKSANAAN PIDANA MATI BANDAR NARKOBA Muhammad Farhan Abdillah; Mitro Subroto
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.v8i2.51641

Abstract

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
TINJAUAN HUKUM PERDATA TERHADAP KEBIJAKAN KONSINYASI BERDASARKAN UNDANG-UNDANG RI NOMOR 2 TAHUN 2012 TENTANG KEWENANGAN NEGARA TERHADAP PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Maslon Hutabalian
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.v8i2.51743

Abstract

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.
IMPLEMENTASI PASAL 184 KUHP TERHADAP PENANGANAN TINDAK PIDANA PENGANIAYAAN YANG SULIT DITEMUKAN BARANG BUKTI (STUDI KASUS DI KEPOLISIAN RESORT MERAUKE) Nurul Widhanita Y. Badilla
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.v8i2.51744

Abstract

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.
URGENSI PENERAPAN INSTRUKSI PRESIDEN NOMOR 2 TAHUN 2022 PADA PELAKSANAAN PENGADAAN BARANG/JASA PEMERINTAH Satrya Surya Pratama
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.v8i2.51861

Abstract

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.

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