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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 46 No 2 (2024)" : 7 Documents clear
Refraksi Pengaturan Sanksi Pidana Atas Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim di Indonesia Gayatri, Ni Komang Cinmaya; Pramita, Kadek Sista Pradnya; Putra, I Putu Aris Perdana; Dwi Cahyadhi, I Dewa Gede Agung; Pradnya Dewi, Gusti Ayu Agung Nadya
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p07

Abstract

This research was conducted using a normative legal research method to identify the ambiguities surrounding the minimization of criminal acts against judges, which can be further clarified in legislation so that judges do not feel hesitant or reluctant to report criminal actions committed by irresponsible individuals. Judges, who hold the most respected dignity in court proceedings, often become victims of the decisions they render. One notable case involved a Chief Judge at the Lumajang Religious Court who experienced violence when the defendant threw a chair while the judge was reading the verdict. The lack of clear options for resolving cases involving actions that demean judges is the primary reason why judges are reluctant to report to the Judicial Commission, leading to unnecessary prolongation of cases or resolution through non-litigation channels. This research highlights the ambiguity of legal protection for judges against actions that demean their honor and dignity by comparing the unclear norms regarding the offense of demeaning the honor and dignity of judges in the Criminal Code (KUHP) with other legislative regulations.
Challenges of Using Artificial Intelligence in Contract Drafting: How Should AI Legal Liability Be? Subawa, I Made Mulyawan
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p03

Abstract

Artificial Intelligence (AI) in law is applied to contract drafting. The presence of AI makes it easier for people in contract drafting and, of course, can be used by contract drafters to facilitate their work. Nevertheless, AI's actions can cause losses to the users and all parties involved. The potential for a cyberattack could happen. Meanwhile, Indonesian law does not regulate legal liability against AI. Based on this background, this study is about the use of AI in contract drafting. This research falls within the category of normative research. Data collection is done by collecting legal materials such as laws, writings, books, and journals related to contract drafting. Technical analysis of legal material is done in a qualitative descriptive manner. The use of AI in contract drafting using smart contract features is provided by Legal Tech. The presence of AI in the legal area provides ease, efficiency, and effectiveness in the completion of contract drafting. However, any substitution between human resources and AI is potentially damaging and can easily leak the parties' personal information. While Indonesian law has not reached legal liability for the actions of AI; therefore, the analysis of AI's legal liability is carried out with the approach of the Vicarious Liability doctrine.
Sinkronisasi Pelaksanaan Pemilihan Umum Serentak terhadap Perencanaan Pembangunan Nasional 2025 – 2045 Dirkareshza, Rianda; Sadiawati, Diani; Setiadi, Wicipto
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p04

Abstract

In th Simultaneous elections are considered to have a bad tendency by a number of people, also considered not to see a big future impact on national development planning in 2025 – 2045. The purpose of this article is to present a new perspective on seeing simultaneous elections by linking national development planning as a future impact on people's welfare. This research is qualitative by using a statue approach in comparing the laws and regulations that change in each period of simultaneous elections and the synchronization of laws and regulations with national development planning. The conseptual approach is used as the basis for the author to conceptualize the synchronization of simultaneous elections to national development planning in the 2025 - 2045 RPJPN. The results of the research from this article show three outlines: First, the impact of holding simultaneous elections results in harmony in the implementation of national development planning. Second, the synchronization of simultaneous elections to national development planning eliminates the disparities between regions that occur in Indonesia. Third, the results of synchronization as discussed will result in a phased walfare state in 2025 - 2045.
Legalitas Pelaksanaan Tugas Pengamanan Oleh Pacalang Dalam Sistem Keamanan Nasional Firmantara, I Kadek Agus Aditya; Yanti, A.A. Istri Eka Krisna
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p05

Abstract

This study aims to examine the legality of the security duties carried out by Pecalang within Indonesia's national security system. As a state based on law, Indonesia recognizes and respects the traditional rights of customary law communities, including those in Bali. Pecalang, a traditional security task force in Balinese customary villages, plays a crucial role in maintaining order and security. The research method employed is normative legal research with a documentary approach to relevant legal products. The analysis focuses on the legal basis of Pecalang's authority, their position within the national security system, and the regulations governing their role. The findings indicate that Pecalang have a solid legal foundation based on Regional Regulation No. 4 of 2019 concerning Customary Villages, which regulates their role in maintaining order within the Customary Village. Additionally, Pecalang are recognized in Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia as part of self-initiated security, whose role is to support the police in maintaining security. Pecalang perform their duties based on awig-awig (customary regulations) created by the customary village, providing a legal basis for them to carry out security and order functions according to customary law. However, challenges include negative public perceptions and actions that exceed their official authority. Therefore, there is a need for increased socialization and education for the community regarding the role of Pecalang, as well as an increase in the number of Pecalang within the community.
Perkembangan Artificial Intelligence: Peluang dan Tantangan Penggunaannya pada Peradilan Konstitusi di Indonesia Yurisvina Arianto, Ni Kadek Lidya; Suindrayani, Ni Putu Tya
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p01

Abstract

Technological developments have given birth to a new innovation known as AI. Digitalization and globalization which encourage the use and utilization of AI in judicial institutions by the Constitutional Court is something that needs to be considered, the use of AI can erode the value of human rights. Therefore, this research aims to examine the prospects for using AI related to institutional reform of the Constitutional Court in Indonesia as an effort to achieve and realize justice that is based on simplicity, speed and low costs. This research was conducted using empirical normative research methods. The results of this research show that the Constitutional Court uses AI as an institutional form which refers to efforts to implement the principles of simple, fast and low-cost justice. Implementation Referring to sociological, philosophical and juridical grounds, this is done by issuing legal products in the form of PMK and implemented in the justice administration system by the Constitutional Court Registrar and the Constitutional Court Secretary General.
Hak Memperoleh Pekerjaan Penyandang Disabilitas Dalam Proses Penerimaan Pegawai di Pemerintah Daerah Julitia, Fina; Rumawi, Rumawi
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p06

Abstract

The purpose of this study was to determine the right to obtain decent work for Persons with Disabilities carried out in the employee recruitment process at the Jember Regency Government. And to find out whether the process of recruiting employees with disabilities is in accordance with Law No. 8 of 2016. This study uses a qualitative approach, with the type of empirical research/ Field Research. Data collection techniques use observation, interviews and documentation. Data analysis techniques use purposive and snowball. Data validity with triangulation techniques (combined). The results of this study are that the employee recruitment process in Jember Regency has been carried out based on procedures and provisions from the central government, but this is still not in accordance with the field. That there are still several groups of people with disabilities who cannot work in the government realm. The Jember Regency Government is trying to fulfill the rights of people with disabilities by providing a quota of 2% for people with disabilities. Regarding the accommodation facilities provided by the government are inadequate and do not support the existence of employees with disabilities. The employee recruitment process at the Jember Regency Government has been carried out based on article 45 of Law No. 8 of 2016. However, the number of quotas received has not yet fully met the quota set by law.
Perjanjian Kerahasiaan Bagi Karyawan Pengelola Data Pribadi Perusahaan Dian Laksmi Dewi, Cokorde Istri; Rudin, Denny; Tungga, Benyamin
Kertha Patrika Vol 46 No 2 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i02.p02

Abstract

In a confidentiality agreement, the owner of personal data must maintain the security of the data by taking appropriate actions. This means that each step includes standards of reasonableness, feasibility, and propriety. The employee-employer relationship in possession of a trade secret is usually associated with maintaining the secret. The purpose of this research is to examine Company secrets rather than protecting personal data and discuss protecting Company secrets through confidentiality agreements. This normative legal study looks at statutory regulations and uses a problem approach by looking at literary sources and previous concepts of norms. The findings of this study show that employee personal data is a company secret, and there can be misuse of personal data by the company because leaking of it can be done by the company or not by the company. It is not impossible that there are parties who are not from companies who deliberately steal personal data to make a profit. Confidentiality agreements safeguard the interests of parties involved in business relationships or transactions within the company when the sharing of sensitive and personal information must be restricted from third-party access. This is a form of protection of company secrets which includes company data and employee personal data through a confidentiality agreement agreed by the superior and the employee. Confidential information is the essence of every confidentiality agreement.

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