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Kertha Patrika
Published by Universitas Udayana
ISSN : 0215899X     EISSN : 25799487     DOI : 10.24843
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Focus in Scope Jurnal Kertha Patrika terbit tiga (3) kali setahun: yaitu bulan April, Agustus, dan Desember. Jurnal ini adalah jurnal yang bertemakan Ilmu Hukum, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran kritis hasil penelitian orisinal, maupun gagasan konseptual dari para akademisi, peneliti, maupun praktisi yang belum pernah dipublikasikan pada media lainnya. Fokus dan lingkup penulisan (Focus & Scope) dalam Jurnal ini meliputi: Hukum Tata Negara; Hukum Administrasi; Hukum Pidana; Hukum Perdata; Hukum Internasional; Hukum Acara; Hukum Adat; Hukum Bisnis; Hukum Kepariwisataan; Hukum Lingkungan; Hukum Dan Masyarakat; Hukum Informasi Teknologi Dan Transaksi Elektronik; Hukum Hak Asasi Manusia; Hukum Kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 45 No 3 (2023)" : 7 Documents clear
Artificial Intelligence dan Kreatifitas Digital: Subyek Hukum dan Sarananya Dalam Perspektif Kekayaan Intelektual Samsithawrati, Putu Aras
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p03

Abstract

This article aims to analyze legal protection of creative works created by Artificial Intelligence (AI) from the perspective of Intellectual Property (IP) Law and future construction of IP law regarding works produced by AI. This article uses normative legal research methods with statutory, conceptual and analytical approaches. The results show that in the first pattern, creative work involves AI only as a supporting tool and humans take a full share in the production process of the work, then the work can be protected by IP law as long as it meets the legal object and subject checks based on statutory IP regulations. In the second pattern, if the creative work in the IP field is created entirely by AI then the work cannot be given legal protection in the IP realm because it can be interpreted that AI is the creator/inventor/designer and not humans. In this second pattern, although the object check is fulfilled, the legal subject check is not fulfilled because in general the IP laws and regulations in Indonesia stipulate that the legal subject must be a human and not AI. In the future, existing legislation in the field of IP needs to include several basic provisions such as (1) works that receive protection in the realm of IP are works produced by humans where the legal subject is humans and not AI; and (2) the use of AI as technology is to bring maximum benefits to human life and not actually harm or even shift human existence.
Keterlibatan Mediator Non Hakim Dalam Menangkal Perceraian Di Pengadilan Agama Banyuwangi Ali, M. Irwan Zamroni
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p04

Abstract

The aim of this study examines the extent of mediation role carried out by non-judge mediators in suppressing the divorce rate that occurs at the Banyuwangi Religious Court. This research is empirical legal research that uses qualitative research methods with a case approach. The research location was conducted at the Banyuwangi Religious Court on Jl. Jaksa Agung Suprapto No. 52, Penganjuran, Banyuwangi District, Banyuwangi Regency. The data were obtained by using observation, interview, and documentation techniques. The validity of the data was carried out using a source triangulation technique, where the researcher guided several lecturers and related parties such as non-judge mediators and the chairman of the Banyuwangi Religious Court. The results of this study found that the divorce rate in Banyuwangi Regency was very high which was influenced by economic factors, the occurrence of continuous disputes or quarrels, and the death of one of the parties. In addition, the role of non-judge mediators in mediating to reduce the number of divorce cases is less influential. This is evidenced by the results of the percentage of successful mediation in 2019 which is still very low. On the other hand, the parties who wish to file for divorce have previously coordinated so that one of the parties is not present in the trial process so that the divorce process will be faster.
Pertanggungjawaban Pidana Korporasi Sebagai Pemberi Pinjaman Online Pratiwi, Ni Wayan Widya; Ibrahim, Aji Lukman
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i05.p05

Abstract

The value of fintech lending loans in Indonesia is one of the most significant contributors to increasing financial inclusion. However, like two sides of a sword, disruption by fintech lending also greatly impacts society. Thus, the problem of legal issues is raised around the corporate criminal liability model by online lenders and appropriate sanctions for online loan transactions in the future—perpetrators of corporate crime in online loans. The type of research used is normative juridical, with a case approach, conceptual approach, and statutory approach. The results of the study explain that a person who consciously (willens en wetness) creates legal consequences (voltooid delict/delict met matrieele omschrijving) and in his knowledge intentionally (opzet) commits an act which can be punished by him (strafbaar feit). As well as the provision of administrative sanctions in the form of criminal fines that are equivalent to returning the rights of victims in crimes that have an economic loss value and also the need for risk mitigation in suppressing the growth of online loan cases.
Human Rights and Political Advertising Regulations in the European Union Karunian, Alia Yofira
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p01

Abstract

In the Political advertising, and the AdTech industry that powers it, have been raising concerns about data protection, potential manipulation, and selective information exposure to voters in the European Union. Against this backdrop, this article aims to answer the following question: What are the human rights implications of political advertising, and to what extent does the European Union’s regulatory framework address these problems? Research method applied in this article is normative legal research, using a combination of statutory and critical analytical approach. In conclusion, sectoral regulations in the election and political advertising, strengthened by comprehensive data protection regulations, are essential to mitigate the harm political advertising on online platforms causes.
Kedudukan Anak Luar Kawin Dalam Sistem Hukum di Indonesia Prasetyo, Abigail; Dwiyatmi, Sri Harini; Alfret, Alfret; Putri, Devina Athalia; Alsabilla, Fadilla Putri
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p06

Abstract

This article is aiming to share the legal concept regarding the definitions, regulations and legal relationships and its impact to the illegitimate child. Therefore, the sources of this article will be from the civil law, customary law, Islamic law, and the regulation regarding marriage law in Indonesia. As a normative study, this article is using the conceptual approach and statute approach regarding the topic of illegitimate child. In conclusion to the research, the illegitimate child doesn’t have any legal relationship to their biological father. Moreover, there are no chance for illegitimate child to be a legal child based on customary law and Islamic law. In the end, the legal protection for illegitimate child hasn’t given a legal certainty for the illegitimate child standing completely. Especially when it comes to illegitimate child to have legal relationship to their biological father. To make this happened, the child shall be proven by technology, a DNA test. Therefore, court shall have the ability to force this test, in order to give safety value and legal certainty, especially for the illegitimate child to have legal relationship to their biological father.
Implementasi Mandat Konstitusional Putusan MK Nomor 91/PUU-XVIII/2020 dalam Dinamika Hubungan MK dengan Pembentuk Undang-Undang Halmadiningrat, I Made; Hafidz, Violla Reininda
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p02

Abstract

The discrepancy between Constitutional Court Decision Number 91/PUU-XVII/2020 on the review of the Job Creation Law and the PERPPU on Job Creation has created constitutional incompatibilities. The research aims to analyze the executorial power in the final and recall nature of the Constitutional Court's decision on the follow-up of the Constitutional Court's decision by the legislators and (ii) the implementation of the constitutional mandate of Constitutional Court Decision Number 91/PUU-XVIII/2020 on Job Creation in the Job Creation PERPPU in the dynamics of the relationship between the Constitutional Court and the legislators. This research uses a combination of normative-doctrinal methods using a contextual approach, legislative approach, conceptual approach and case approach. The results of this study indicate that the Constitutional Court's decision has executorial power over the final and binding nature erga omnes. The Constitutional Court's conditional unconstitutional decision regarding the formal examination of the Job Creation Law has shifted the role of the Constitutional Court as a positive legislature which also results in the nature of the Constitutional Court's decision as a quasi-law. Follow-up of the Constitutional Court's decision is also considered important as compliance with the constitution. This research also shows that there is a mismatch between the constitutional mandate in Constitutional Court Decision Number 91/PUU-XVII/2020 and the follow-up carried out by the President as one of the branches of lawmaking power. This mismatch is clearly a form of constitutional delegitimization and straddles the final and binding Constitutional Court decision.
The Authority Of Military Justice To Try Military Doctors Who Perform Malpractices In Non-Government Hospitals Tambunan, Johannes; Pramono, Budi
Kertha Patrika Vol 45 No 3 (2023)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2023.v45.i03.p07

Abstract

In every action of a military doctor in a hospital, there are certainly interesting potential problems related to criminal acts in general or the military as well as in the field of health law. The aims of study were to analyze the form of regulations and legal issues for military doctors who practice in non-government hospitals; analyze authorities and justice mechanisms that prosecute malpractice acts of military doctors in non-government hospitals. The type of research was normative juridical. The approach study used a statute approach and conceptual approach. Legal materials obtained from research, literature study, statutory regulations and legal articles. The results of the research explain that a military doctor is a soldier with strata officer status or rank who can practice both in private practice and in non-government hospitals based on regulations, in accordance with the condition that a doctor must have a doctor's registration letters and a practice license. The military judiciary has authority over every T soldier who commits a crime, be it a military crime or a general crime, including military doctors who are definitely officers, if they commit a crime or malpractice at a place of practice in a non-government hospital.

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