JURNAL MAGISTER HUKUM UDAYANA
Jurnal Magister Hukum Udayana adalah jurnal ilmiah hukum yang mempublikasikan hasil kajian bidang hukum yang diterbitkan secara online empat kali setahun (Februari-Mei-Agustus-Nopember). Redaksi menerima tulisan yang berupa hasil kajian yang berasal dari penelitian hukum dalam berbagai bidang ilmu hukum yang belum pernah dipublikasikan serta orisinal. Jurnal ini selain memuat tulisan / kajian dari para pakar ilmu hukum (dosen, guru besar, praktisi dan lain-lain.) juga memuat tulisan mahasiswa Magister Ilmu Hukum baik yang merupakan bagian dari penulisan tesis maupun kajian lainnya yang orisinal. Tulisan yang masuk ke Redaksi akan diseleksi dan direview untuk dapat dimuat
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<![CDATA[PERLINDUNGAN HUKUM BLOGGER BERITIKAD BAIK TERHADAP DOMINE NAME MEREK TERKENAL DARI DUGAAN PEMBONCENGAN REPUTASI (PASSING OFF) ]]>
<![CDATA[DESY KUSUMA WARDHANI]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p02
<![CDATA[This Research entitled "Legal Protection Against Blogger Good Faith Domine Name Of Alleged Deception Famous Brand Reputation (Passing Off)". The problem of this study was, first: How does the domain name in a legal setting in Indonesia. Second: What is the legal protection of domain name for blogger’s good faith if there are similarities with the domain name famous brand. This research method using normative methods, the legal research done by examining library materials. Which refers to the legal norms contained in the legislation, international conventions, international agreements and court decisions. The results showed, first: The domain name has been linked closely with the brand and copyright but the domain name is not synonymous with the brand and copyright, as it has a system and registration requirements as well as the recognition of the existence differently. So far there are kekososngan norms that specifically regulate the domain name issue in Indonesia. Until now, the settings used by the international ICANN (Internet Corporation for Assigned Names and Numbers), the competent authority dealing with internet IP Addres, and domain name system management. Second: Legal protection for bloggers acting in good faith if there are similarities regarding the domain name can be a famous brand is preventive legal protection and the protection of repressive laws which refers to the settlement of a litigation matter (referring to the legal protection of IPR, Civil, Criminal and Law ITE) and non-litigation (both ADR and UDRP).]]>
<![CDATA[PARA-PARA ADAT SEBAGAI LEMBAGA PERADILAN ADAT PADA MASYARAKAT HUKUM ADAT PORT NUMBAY DI KOTA JAYAPURA ]]>
<![CDATA[SARA IDA MAGDALENA AWI]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p07
<![CDATA[customarysettlementresolvedthroughthepara-para adat as judicial institution indigenouspeoples asPort Numbay hereacts as afacilitatorandmediatorin resolvingcriminalmattersand civilindigenouspeoples.Finesand penaltiesastraditionalinstruments andsettlementalternatives inindigenouscommunitiesand tribal peoplesPort Numbayin Jayapura, where settlementthroughcustomarylightersanctionthanupon completionvia thenational lawso thatindigenous peoplepreferNafriresolve the issuethroughtraditional institutionsthanthroughnational law. While theobstacles encountered in thejudicialsettlementthroughcustomaryPort Numbayissometimesa delaythe trialbecause ofthe absence ofone of the partiesto the disputethat isthe perpetrator, due to illness, theactordid notwantother people tointervene inproblem solving, as well as evidence ofthe witnesses andthe constraintsofvictims so thatcan complicatesettlementthroughcustomarycourt. It is suggested thatindigenousinstitutionsPort Numbayto be moreactively involved inefforts toresolve thecriminalcasecustomcase,given theindigenous peoplein the city ofJayapuraPort Numbaymore familiarway of resolving theproblem throughcustoms. Andto indigenousPort Numbayin Jayapurato alwayssupport the existence ofthe courtoragencyof indigenouspeoplesNafriin solvingthe problems oftraditionalcriminaland civilcustomsin order to achievethe securityandwelfare ofindigenous peoplesinPort Numbay.]]>
<![CDATA[Pengaturan Kewenangan, dan Tanggung Jawab Direksi Dalam Perseroan Terbatas (Studi Perbandingan Indonesia dan Australia) ]]>
<![CDATA[Shinta Ikayani Kusumawardani]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p12
<![CDATA[Research on: The Rules Regarding The Powers and Responsibilities Of Directors In A Limited Liability Company (Comparative Study of Indonesia and Australia). As for the issues discussed in this study related to the application of the authority of the board of directors in the management of a limited liability company under the principle of fiduciary duty Australia comparison of Indonesia can not be separated from the authority granted will cause responsibility that must be borne by the company’s board of directors in managing and also the characteristics of the type of responsibility of Directors This study uses normative juridical approach. Juridical Approaches to run whether the provisions of law relating to kewenagan concrete and responsibilities of the Board of Directors in the management Company Limited Comparative Study of Indonesia and Australia, while Normative is the cover of the principles of law, comparative law, the elements and factors related to authority and responsibility of the Company's Board of Directors in the management of one heart-to-day. This study on Duties and Responsibilities of Directors is normative legal research that emphasizes the study of literature. The purpose of this research is to know the duties and responsibilities of the Board of Directors of Limited Liability Company under the law. Data analysis was performed using the comparative method of qualitative. From the results of this analysis are expected to obtain an accurate picture and understanding of the duties and responsibilities of the Board of Directors of Limited Liability Company. To this effect, a comparison of the authority and responsibilities of the Board of Directors in the management of the Company as the Company's assessment of body organ is the comparison between the authority of the Board of Directors in Indonesia and in Australia the comparative results indicate that the system of regulation in Indonesia and Australia are more inclined to use the model and not a model enabling mandatory because it is based by the condition of the structure of capital ownership. Fiduciary obligations, particularly on legislation in both Indonesia and Australia appear as incomplete law and need to be interpreted by the fiduciary. The main essence of this comparison as the basis for further transplants Indonesia that fiduciary obligations may fruitfully dalamn Handling Company Limited.]]>
<![CDATA[TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA ]]>
<![CDATA[Devi Marlita Martana]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p03
<![CDATA[Act Number 15 Year 2001 regarding Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.]]>
<![CDATA[PELA SEBAGAI SARANA PENYELESAIAN KONFLIK ANTARA SUKU ALUNE DAN WEMALE DI KABUPATEN SERAM BAGIAN BARAT PROPINSI MALUKU ]]>
<![CDATA[Steven Makaruku]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p08
<![CDATA[Research about “Pela” as faulity solution conflict berween villages on Tribe Alune and Wemale in district Kairatu, Wets Seram, with aim to giving description all at once input for peoples. Gevernment and sympathy of law in this area about important Constribution Pela on regulatury living people. This research do that on four village whose have design relation its clear, that is : village Tihulale with village Hukuanakota and village Rambatu with Village Abio. The Research Object head of people, Figure Customs, Figure of peoples and people member. The method of research characteristic is descriptive analyse and analyse of data do qualitative. From analyse product have a concluded that “Angkat Pela and Panas Pela” to make resemble two faulity important which until now. This enough to give Constribution whose to signify for people a finished several conflict which rise. From “Angkat Pela and Panas Pela” the people can find conscious self to always look after, to make care and system of life that fixed, save and peace.]]>
<![CDATA[LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA ]]>
<![CDATA[Syarif Dahlan]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p13
<![CDATA[Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women (CEDAW). Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency : 1) What are the forms of gender discrimination against fimale civil servants. 2) What factors are causing it, and 3) What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.]]>
<![CDATA[SENGKETA USAHA PERTAMBANGAN DI WILAYAH HUTAN ELANG DODO KABUPATEN SUMBAWA ]]>
<![CDATA[IWAN HARIANTO]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p04
<![CDATA[West Nusa Tenggara, one of the regions rich in minerals mining. One of the mining companies doing business in the region is PT. Newmont. In 2003 the company was exploring the forest areas Elang Dodo Sumbawa. The presence of PT. Newmont in the region are not well received by the villagers of Lebangkar, resulting in rejection of the action in 2004 by way of demonstration and boycott the company's activities. Of the incident raises some issues: (1) who is the subject and what the object of the dispute? (2) how the process and the factors that cause disputes? (3) how the settlement of the dispute? The research method used in this research is an empirical law is derived from the analytical descriptik field data and data library. Processing and data analysis conducted qualitatively. Discussion until the conclusion in this paper can be described as follows: (1) subject to the dispute that is the village of Lebangkar with PT. Newmont and the Government of Sumbawa. The subject of dispute in the form of contract work necking VI results in 2005 with an area of ??87,500 ha. (2) The process of dispute which originated from exploration PT. Newmont in the woods Elang Dodo conducted in 2003. This exploration spawned several factors contributing to the dispute; violation of customs, reduced sources of income, lack of socialization, and control of natural resources. (3) dispute settlement efforts, through litigation and non-litigation. Settlement was not effective due; substance law, legal culture and legal structure.]]>
<![CDATA[BATAS KEWENANGAN PENYIDIK PEGAWAI NEGERI SIPIL DAN KEPOLISIAN DALAM PENINDAKAN PELANGGARAN LALU LINTAS DAN ANGKUTAN JALAN ]]>
<![CDATA[Putu Yuni Riswanty]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p09
<![CDATA[The State of Indonesia is a state of the rule of law (rechtstaat) based on Pancasila. As a state based on law, Traffic and Road Transportation under Law No. 22/2009 is an integrated system consisting of Traffic, Road Transportation, Traffic and Road Transportation Networks, Infrastructure of Traffic and Road Transportation, Vehicles, Drivers, Road Users, as well as management thereof. Motor Vehicle Inspection Authority on the Road by the Civil Servant Investigators in the field of Traffic and Road Transportation and the Indonesian National Police Investigators incidentally is an examination of the evidence of passed test for vehicles compulsory tested, physical motor vehicles, haulage, method of transporting goods and/or transport operating license. In order to carry out its duties and functions, Civil Servant Investigators should always coordinate with the Indonesian National Police as a coordinator and supervisor of the Civil Servant Investigators. Investigators of the Indonesian National Police, as the coordinator and supervisor, implement guidance and supervision of the Civil Servant Investigators in the field of Traffic and Road Transportation. The research is classified into normative legal research using a statute approach and conceptual approach.]]>
<![CDATA[DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA ]]>
<![CDATA[MADE AYU CITRA MAYA SARI]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p05
<![CDATA[The criminal act that happens currently in the society is not done only by adult, even there is a trend that the person who did it was included in the children age. Legally, a call for a person who committed a crime that included in the children age is known as a child who has conflict with law. One of state’s efforts to protect the child who has conflict with law is by implementing the Diversion pattern, that is handling process to a child who has conflict with law is shifted from the formal to be a non-formal process. This research with the normative research type that is supported by the empirical data has purpose to investigate and study the Diversion ideas in the law protection to the child who has conflict with law, and further to find out the concrete implementation that is drafted in the Law of Children Jurisdiction System these days (Law No. 11 Year 2012) and the application by all law enforcer component and the related institutions that involves in the handling of the cases of child who has conflict with law in due process of law from the level of investigation, prosecution, court session and the development in the Prison for Children.]]>
<![CDATA[KEBIJAKAN REHABILITASI TERHADAP PENYALAH GUNA NARKOTIKA PADA UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA ]]>
<![CDATA[IDA BAGUS PUTU SWADHARMA DIPUTRA]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013) ]]>
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DOI: 10.24843/JMHU.2013.v02.i01.p10
<![CDATA[Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a crime without a victim or a victimless crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become useful]]>
