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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 173 Documents
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Penanggulangan Pemutusan Hubungan Kerja Buruh Sebagai Akibat Permasalahan Penagihan Penyelenggara Teknologi Finansial Putri, Clarisa Permata Hariono; Kurniawan, Cindy Cornelia; Thio, Stevie
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p02

Abstract

Termination of labor relations as a result of billing problems from financial technology providers has occurred in Indonesia. The aim of the research is to determine the legal position of financial technology billing issues as a cause of termination of labor relations and specifically to analyze the forms of countermeasures that can be taken against these legal facts from a legal perspective, especially labor law, where employment plays an important role as a determining factor in state development. This research is normative legal research with two approaches, namely the statutory and conceptual approaches. The results of the research conclude that financial technology billing problems can be one of the reasons for termination of employment as long as they fulfill the three requirements in Article 154A paragraph (1) letter k of Employment Law jo. Job Creation Law and there are several forms of countermeasures need to be carried out both preventively as the main effort by the mandate of Article 151 of Employment Law jo. Job Creation Law and in a repressive manner. This effort must be carried out by all three parties in industrial relations, namely the government, workers, and employers by the provisions of Article 1 number 16 jo. Article 102 of Employment Law jo. Job Creation Law.
Dialektika Sanksi Pidana Mati Dalam Bangunan Hukum Pidana Yang Berkeadilan Palguna, I Dewa Gede; Sugi Hartono, I Made
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p07

Abstract

In this study aims to unravel the synthesis of dialectics that hold and negate the formulation of death penalty sanctions in Indonesian criminal law. Using juridical-normative method, secondary data consisting of primary, secondary and tertiary legal materials are collected through document and literature study techniques and analyzed descriptively-qualitatively. The scientific mind of criminal law has undergone development from classical to modern to neo-classical (daad strafrecht to dader strafrecht to the last daad-dader strafrecht). In relation to death penalty sanction, through the Constitutional Court Decision Number 2-3/PUU-V/2007, the state has firmly determined its constitutionality although there is an interpretation that is not fully in line with one Supreme Court cassation decision Number 39 PK/Pid.Sus/2011 which is based on international developments in various countries that the death penalty sanction has been abolished. This study produces findings that the Indonesian criminal law policy related to the formulation of the death penalty sanction is a synthesis between the thesis that holds and the antithesis that negates according to the formulation in Law Number 1 of 2023 concerning the Criminal Code (KUHP) that the death penalty sanction is a special type of criminal sanction carried out through a probationary period and can then be changed to a type of life imprisonment or for a maximum period of 20 years if it meets certain qualifications. The pursuit of fair and usefulness criminal law is a dialectical process with a positioning on the balance between individual protection and collective interests.
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.
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.
Hukum Pidana Adat dalam Sistem Hukum Pidana Indonesia: Paradigma Baru Asas Legalitas Baihaki, Ahmad; Ghiffari, Muhammad Haikal
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p03

Abstract

The position of the principle of legality in the realm of criminal law is very important, the principle of legality serves to determine whether an act can be punished or not. However, over time, the provisions of the principle of legality in the new paradigm of criminal law have been softened by accommodating laws that still apply in people's lives or customary law to determine whether someone should be punished. Then what becomes interesting to discuss in this article is the urgency of softening the principle of legality in the new paradigm of criminal law and the application of customary criminal law in the National Criminal Code. This article uses legal research by using a statutory approach, conceptual approach, and historical approach. The results of the study concluded that the softening of the principle of legality in the new paradigm of criminal law is a form of realization of protection for victims of criminal acts, the criminal acts in question are criminal acts that are not regulated by law but are contrary to the principles that still apply and develop in community life. The application of customary criminal law in the National Criminal Code will be compiled through regional regulations in accordance with the function of the regional regulation itself so that regional regulations can specifically regulate customary criminal provisions that apply in the region.
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.
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.
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.
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.
Kekuatan Hukum Kantor Pajak Sebagai Kreditor Pemohon Pernyataan Pailit Andani, Devi; Murjiyanto, R; Ariyani, Nita; Muhoiyaroh, Nur
Kertha Patrika Vol 46 No 1 (2024)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2024.v46.i01.p04

Abstract

This study aims to examine and determine the legal power of the tax office as a creditor of the applicant for a bankruptcy declaration, as well as the legal consequences of the legal power of the tax office as a creditor of the applicant for a bankruptcy declaration. This research is a type of qualitative research that follows the typology of normative legal research. The results of this study show that: first, tax debts have the possibility of being asked for repayment from taxpayers through the bankruptcy declaration application mechanism so that the Tax Office as a creditor in the bankruptcy declaration application has permanent legal force. Second, the Tax Office as a creditor of the applicant for a bankruptcy declaration has the legal consequence that the process of a bankruptcy application submitted by the Tax Office as a debtor is possible. So for creditors who have debts in the form of taxes, the Tax Office as debtor can submit a request for bankruptcy proceedings. Thus, tax debts have the possibility of being asked for repayment by taxpayers through the mechanism of requesting a bankruptcy declaration.

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