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
Articles
10 Documents
Search results for
, issue
"Vol 2 No 2 (2013)"
:
10 Documents
clear
<![CDATA[ASAS PROPORSIONALITAS DALAM PEMBAYARAN GANTI RUGI MELALUI ASURANSI DALAM KASUS MALPRAKTIK DOKTER ]]>
<![CDATA[Ni Putu Ayu Myra Gerhana Putri]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (119.593 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p03
<![CDATA[In a malpractice medical insurance context, indemnity obligations of malpractice,particularly for improper practice performed by medical team, currently only based onoverall team fault, means every physician in the team should bear the compensation evenly.This scheme is not fair because the physician who did lower degree of mistakes must bear thecompensation as great as the physician with higher degree of mistakes. That is whyproporsional concept, based on the degree of the mistakes, for indemnity obligations needs tobe considered. However, this scheme will need some instruments that can align theresponsibility among the physician in the team. This instrument then can be used as a basisfor determining the degree of mistakes and further the level of compensation the physicianneed to bear with. This research is a normative legal research and using a statue approach,means legislation as the primary legal materials. In addition, this research also uses books,articles, and materials from the Internet, as well as direct interview with the competentparties as a secunder data. The results showed that because there are no rules governing thelaw of proporsionality in the legislation make the degree of mistakes is not used as basis fordetermining the compensation’s level. In fact there are instruments that can be used as basisto determine the degree of mistakes such as Standard Operational Procedure (SOP) andMedical Professional Standard. It is clear that the healthcare legislation should includeprovisions that govern the determination of the compensation by using proportionalapproach, in order to align the responsibility among the parties]]>
<![CDATA[KESADARAN HUKUM MASYARAKAT PENGGUNA JALAN DI KOTA DENPASAR ]]>
<![CDATA[DEWA PUTU TAGEL]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (313.795 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p08
<![CDATA[Legal awareness of road users especially users of motorcycles is a process of assessment of the traffic law. Every human being has the legal awareness, the problem is the level of awareness, there is a high, medium and low. Based on the theory of legal awareness Soerjono Soekanto and research results in the field, it is known that the level of legal awareness of road users is relatively low, it can be seen from the understanding and behavior towards traffic rules. Legal System Theory from Lawrence M. Friedman and theory of Law Effectiveness Soerjono Soekanto used to determine the factors that affect the level of legal awareness. Based on this research, the factors that influence is divided into 4 parts, namely legal substance, legal structure, legal culture, and facilities. In accordance with the purposes of the law as social control, the police efforts are divided into 3 as pre-emptive, preventive and repressive realized through engineering of the traffic infrastructure, construction elements of road users, and engineering in the field of law or settings including law enforcement.]]>
<![CDATA[KONSEP PEMBAHARUAN PEMIDANAAN DALAM RANCANGAN KUHP ]]>
<![CDATA[A.A Ngurah Oka Yudistira Darmadi]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (61.51 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p04
<![CDATA[Criminal law reform in principle is an attempt to conduct a review and reestablishmentof law in accordance with the common values of socio-political, sociophilosophic,and cultural values of the people of Indonesia. Renewal of the CriminalCode criminal law angle can be done in two ways. First, the partial renewal, byreplacing part after part of the codification of the criminal law. Second, with therenewal of a general nature, thorough renewal by replacing total codification of thecriminal law. underlying purpose of a criminal law reform in Indonesia, including todetermine the political purposes to which a bill is nationally Indonesian State coversall aspects of society with keanegaragaman nation based on Pancasila. The draft penalcode reform set an another solution in addition to the imposition of imprisonment andhe organized an action against the perpetrators of criminal deprivation of liberty.]]>
<![CDATA[PENGATURAN PENGHENTIAN PEMAKAIAN INDIKASI GEOGRAFIS PADA MEREK TERDAFTAR OLEH PIHAK LAIN YANG TIDAK BERHAK (STUDI KOMPARATIF BEBERAPA NEGARA) ]]>
<![CDATA[I GEDE AGUS KURNIAWAN]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (560.518 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p09
<![CDATA[TRIPs requires members to arrange to any intellectual property rights in accordance with the conditions of each country, so that each state set the Geographical Indication (GI) varies. The different settings are potential conflicts between TRIPs member countries. So the research problem of this thesis is: How IG arrangements relating to cessation of the use of the registered mark is associated with a state's territory IG TRIPs Agreement? and legal actions for users How IG to a dispute between members of the TRIPs? Research using normative legal research methods approach: Statue Approach, Conceptual Approach, Comparative Approach, and Analytical Approach. Analysis of legal materials is done by descriptive analysis. The results showed that each WTO member countries set different. For example, the United States set up through the Trademark Law, Regulation & Legal ATF habits, countries under the European Union set up the European Community Regulation (EEC No.2081/92), Vietnam: Intellectual Property Law (Law No.50-2005-QH11), and others. In general, countries that determine protection through a first to file system. The use of registered GIs in the same marks or identical, Singapore set specifically in the Geographical Indications Act 44 of 1998, the Indonesian Though not set in isolation, but more specifically set in Trademark Law Article 56 (8) PP. 51 of 2007, Article 27 (1) and (2) termination of the use of signs to be discontinued within 2 years after the IG registered. The results also showed a lot of disputes going on in the field of IG Efforts settlement can be reached through WTO mechanisms if the parties to a dispute between the State by State with DSU procedures, WIPO mechanism is used if the dispute between the individual and the individual (state) with WAC procedures. National mechanisms such as in Indonesia through a lawsuit at the Commercial Court (Pengadilan Niaga).]]>
<![CDATA[IMPLEMENTASI HAK TERSANGKA UNTUK MEMPEROLEH BANTUAN HUKUM PADA TINGKAT PENYIDIKAN DI WILAYAH HUKUM POLDA BALI ]]>
<![CDATA[PUTU SEKARWANGI SARASWATI]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (355.362 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p05
<![CDATA[Legal aid is very essential in creating a fair life and protect human rights, legal aid which aims to protect the rights of the community in terms of legal issues to avoid snagging of all kinds of actions that may harm or arbitrary action officers law enforcement. Based on the theory of the legal system (Legal System Theory) of Lawrence M. Friedman that the enactment of the law is affected by elements such as legal structures (legal structure), the substance of the law (a legal substance), and the culture of law (legal culture), so that the implementation of the right of the accused to obtain legal aid at the level of investigation can be seen from the legal system itself . The procedure to grant legal aid to the accused can be seen in Article 54, Article 55, Article 56 of the Criminal Procedure Code. Based on the results of research in the field, the investigator always offer the right of suspects to legal counsel and accompanied, but the suspect did not use his right so that the investigator make an official report signed by the suspect showed the suspect the reason is not accompanied by legal counsel.]]>
<![CDATA[PENGAWASAN TERHADAP PENYALAHGUNAAN WEWENANG POLRI MENGADAKAN TINDAKAN LAIN MENURUT HUKUM YANG BERTANGGUNG JAWAB (DISKRESI) ]]>
<![CDATA[Made Suteja]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (254.041 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p10
<![CDATA[ABSTRACTFunction of control and authority of the Police of the Republic ofIndonesia related to the aspects of preemptive, preventive, and repressive. One ofduties of the Police of the Republic of Indonesia as the state's instrument and lawenforcer in maintain the law repressively to help the Department of Justiceespecially in the field of criminal law the Police as the investigator andinvestigating offrcer can carry out other action according to law which isresponsible or discretion.The formal legalistically arrangement about the police discretion inKUHAP (Article 5 subsection (1) letter a number 4 and Article 7 subsection (1)letter j) and the Law No.2 1n2002 about the Police of the Republic of Indonesia inArticle 16 subsection (1) letter I and subsection (2) and Article 18 subsection (1)and subsection (2) which is written and implicated widely so it makes this becomea blur norm of law, and it needs an interpretation in the application. The discretionarrangement seems to emerge the disharmonious of law norm. To avoid thedeviation of the discretion implementation in the future the norm arrangement hasto be harmonized through the law construction to the articles of the arrangementby reevaluating and reformulating them by the legislative institution.The type ofresearch to be used to research the substance of discretion bythe police in this scientific work is the normative law research or doctrinal lawresearch. Police discretion needs an internal and extemal monitoring from therelated institution including monitoring ftom the society especially the victim.Deviation of discretion will emerge a risk due to law and lawresponsibility by the person who does the discretion. The law responsible can be aresponsibility of criminal, civil Iaw and administration law. Deviation ofdiscretion action as the result of the wide range of discretion scope and there is nomeasurement or criterion of discretion forms that can be done by the Police as areference in action which is arranged in legislation.The study and analysis of police discretion upon the problems presented isreviewed by the law principles, expertise doctrine, formal basic and law theoriessuch as law system theory, law harmonious theory, progressive law theory,authority theory and monitoring theory. The theoretical perspective study issupported by empirical law materials and descriptive description of the writer.]]>
<![CDATA[TUGAS DAN KEWENANGAN POLRESTA DENPASAR DALAM PENEGAKAN HUKUM DAN PENANGGULANGAN PELANGGARAN KARYA CIPTA LAGU DI KOTA DENPASAR ]]>
<![CDATA[I Putu Carlos Dolesgit]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (252.401 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p01
<![CDATA[In the era of globalization, on one hand, the law protection of intellectual property right increasingly has a very important meaning, especially in the field both nationally and international trades. On the other hand, the law enforcement of intellectual property rights, both substantive factor (the statutory rules) and cultural factors of community law (the law of consciousness), the role of law enforcers is also important in achieving the effectiveness of a rule in the framework of the statutory copyright law enforcement of songs in Denpasar which is, in fact, hijacking song copyright works seems that it cannot be prevented successfully. So it should be questioned what factors are causing the law enforcers, in this case the resort police investigators of Denpasar less able to prevent infringement of copyright songs in the region of Denpasar.Through the methods of empirical data collected through the questionaries’ and interviews then analyzed and finally a conclusion was drawn which states that the mechanism of Denpasar police resort in tackling piracy in copyrighted songs in Denpasar was conducted pre-emptively, preventively and repressively, but because some factors are not met in an effort to track copyright piracy prevention, the legal protection of copyrighted songs can not be achieved optimally. This is due to two factors, namely internal factors and external factors.]]>
<![CDATA[IMPLEMENTASI PEMBINAAN MELALUI PROGRAM REHABILITASI DAN REINTEGRASI SOSIAL BAGI NARAPIDANA TERORISME ]]>
<![CDATA[Maliki .]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (308.296 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p06
<![CDATA[Coaching for terrorism inmates in institution is an effort to counter terrorism. Coaching is done through rehabilitation and social reiintegration. In this study there were two issues discussed the implementation of training for terrorism prisoners as well as the factors driving and inhibiting formation for terrorism prisoners. This type of research is empirical legal research. The research is descriptive. Primary data sourced from observation and interviews while secondary data sourced from literatures and electronic articles. Secondary data was collected through library research. Data is collected, processed and presented qualitative descriptive analysis.Coaching for terrorism inmates in prisons have not been implemented optimally. It can be seen from the formation of the terrorist network that carried out in prisons. Former inmates also returned to terrorism after being released from prison. The driving factor for the development of terrorist prisoners is because terrorism is a crime that should ditanggulagi. Guidance is also the mandate of Act Number 12 of 1995 Concerning Correctional Institution and the Indonesian Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation No. 32 of 1999 on Terms and Procedures for Implementation of the Right of Corrections Inmates and the vision and mission of the institution. Coaching effort is one of community protection movement. Coaching is a limiting factor in terms of the legal structure and legal culture. Prison staff lack the ability to Islam, a lack of awareness of officers, there is no coaching format for terrorism prisoners, the view that training for terrorism prisoners are tightening and the lack of specialized staff in fostering terrorism inmates. Legal culture includes cultural terrorist prisoners law does not regret his actions and legal culture society reject terrorism inmates.]]>
<![CDATA[FUNGSI LEGISLASI DPD DALAM SISTEM KETATANEGARAN INDONESIA ]]>
<![CDATA[STEVANUS EVAN SETIO]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (78.549 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p02
<![CDATA[The legislative institution representing the majority of the people and the governmentis responsible to him. In order to reform the structure of the legislative institution inIndonesia into two rooms (bicameral) consisting of the House of Representatives(Dewan Perwakilan Rakyat (DPR)) and the Regional Representative Council (DewanPerwakilan Daerah (DPD)). By the bicameral structure of the legislation process isexpected to be held by double checking system that allow representation of theinterests of all the people can be achieved relatively wider social base through.Legislation function, related to the authority determine, the rules that bind andrestrict citizens to the legal norms. The Regional Representative Council (DewanPerwakilan Daerah (DPD)) function, which is supposed to be a counterpart to thepower of the House of Representatives (Dewan Perwakilan Rakyat (DPR)), looks nomore than “accessories” representation system in Indonesia, which is still thick withunicameral system. Bicameral representation system adopted in the composition ofrepresentative institutions Indonesia can be categorized as a soft bicameral system.With a power as given by the constitution of Indonesia, the Regional RepresentativeCouncil (Dewan Perwakilan Daerah (DPD)) as a representation of the regionalpeople’s institution do not yet get the goal at the purpose of this institutionestablishment.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP NASABAH KORBAN KEJAHATAN PENGGANDAAN KARTU ATM PADA BANK SWASTA NASIONAL DI DENPASAR ]]>
<![CDATA[Komang Juniawan]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 2 (2013) ]]>
Publisher : <![CDATA[University of Udayana ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (92.379 KB)
|
DOI: 10.24843/JMHU.2013.v02.i02.p07
<![CDATA[Responsibility of the bank to refund customers money that became victims of ATMcard duplication is the bank have responsibility to refund the customer money, so that theloss of customer funds was caused by his own negligence, then the bank is not haveresponsibility to refund losses suffered by customers. Legal efforts taken by the bank torefund customers money that became victims of ATM card duplication such as :Clarification of customer complaints by checking the data to determine the customer'saccount transactions that cause a reduction in the customer's account balance, thendeliver customer transactions was conducted customer; Checking customer transactionsallegedly clumsy, one of which is checking the CCTV at the cash machine withdrawalsare not recognized by the customer, checking and known whether the transaction isconcluded that the transaction is correct or odd transactions; Returns missing customerfunds, if it is concluded that the clients do not make transactions recorded in thecustomer's account, and making a crime report in the ATM card duplication police to dothe investigation against the perpetrators]]>
