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JURNAL MAGISTER HUKUM UDAYANA

jmhu
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Published by Universitas Udayana

ISSN : 25023101 EISSN : 2302528X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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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Articles 10 Documents

Search results for , issue "Vol 2 No 3 (2013)" : 10 Documents clear

PENGATURAN PROSEDUR PEMBATALAN SERTIPIKAT HAK ATAS TANAH YANG MERUPAKAN BARANG MILIK NEGARA Anak Agung Istri Diah Mahadewi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

AstractThis study discusses, "regulation of Procedure Cancellation of Certificate of Land whichis the State Owned Assets", which aims to study theoretically on Cancellation of Certificateof Rights to the land including State owned Assets, ie, how the implementation Regulation ofCancellation of Certificate of Land to include of State.This research is a law that is derived from primary and secondary legal materials werethen analyzed by using the approach of legislation and legal concepts and approaches usinganalytical tools and techniques argumetasi legal description.Discussion and research results can be summarized as follows: Regulation Procedurecancellation of Certificate of Land which is the State Owned Assets can not provide legalcertainty for the National Land Agency officials in conducting cancellation, because to thestate owned assets known as asset removal must be approved by Property Manager theMinister of Finance, while the state owned assets such as land has issued a certificate if theobject of the dispute and has permanent legal force in terms of the form of action settlementwith the cancellation of the certificate of land Rights. So in this case the absence of a definiteregulation that can be used as guidelines for the Government Apparatus to take legal action inthe form of cancellation of Certificate of Land Rights

PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA I Putu Suwarsa
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM) DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW Made Hendra Wijaya
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

This research titled, the existence of the concept of rule by law (state law) within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

PENEGAKAN HUKUM TERHADAP CYBER CRIME DI BIDANG PERBANKAN SEBAGAI KEJAHATAN TRANSNASIONAL Tri Kuncoro
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

ABSTRACTInternet has been used in various fields of life, one of which is banking. Banking activities are performed through Internet-banking. Through the internet-banking service, customers can conduct financial transactions without having to come to the bank. In this study addressed two issues namely the forms of cyber crime in the banking and jurisdiction in the law enforcement against cyber crime in banking. This research is a normative legal research. Legal materials collected through library research. In this research, legal materials were analyzed by using the description, interpretation, argumentation, evaluation and systematization.The forms of cyber crime in banking are typo site, keylogger / keystroke recorder, sniffing, brute-force attacking, deface web, email spamming, denial of service and virus, worm, trojan. Jurisdiction in the law enforcement against cyber crime in banking jurisdiction includes legislative, executive and enforcement jurisdiction. Jurisdiction specifically stipulated in Article 2 of Act of Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. Banks should have an electronic security system to protect the system. The Law enforcement against cyber crime in banking requires cooperation between countries.

WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK I Wayan Juwahyudhi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

KEBIJAKAN FORMULASI KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK I Made Wahyu Chandra Satriana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

The discussion on this journal raised regarding policy formulation RestorativeJustice in the Criminal Justice System Children . The objectives of this research thatin order to properly analyze the basic ideas contained in restorative justice , to dowith children in conflict with the law and to analyze policy formulation set forth in the Law. 112012 on the Criminal Justice System Kids for restorative justice to children inconflict with the law . While this type of research used in scientific journals this isthe kind of normative legal research , because it is based on the assessment thatthere is a conflict between the norms of Law. 11 of 2012 on the Criminal JusticeSystem Children with the norms contained in the draft - Criminal Code ( CriminalCode ) . In this case the unlawful act committed by the child who has not reached theage of 18 (eighteen years ) diversion efforts which have the purpose for the creationof a balance between the interests of focus and attention to the perpetrator and thevictim also impact the completion of the criminal case that happens in thecommunity to ensure and protecting children and their rights in order to live , grow,develop and participate optimally in accordance with the dignity of humanity , aswell as protection from violence and discrimination .

RETHINKING KETENTUAN PERSENTASE SEBAGAI SYARAT PENCALONAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA I GUSTI NGURAH AGUNG SAYOGA RADITYA
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

Percentage provisions have a substantial part in the electoral law reform, especially for mathematical formulation. This research, that uses normative legal research method, showed that a legitimacy of percentage provision for candidacy requirement in President and Vice President Election is based on the legal authority of The House of Representatives. The 1945 Constitution of the Republic of Indonesia and most constitutions of other countries are not setting up a rigid formal requirement, like a minimum percentage, for presidential candidacy. A legal term has an important position in the making of law. A convention that uses “presidential threshold” as a term should be justified within a legal theoritical framework. Meanwhile, the perpetual discussion to create presidential system of government can works effectively, with a good support from the House of Representative, has always been a spirit but also a debatable material in every political acts in Indonesia. Legal formulation that used in Law No. 42-2008 must be viewed comprehensive so that justice and fairness in this political institutionalization process can be realized.

KEKUATAN MENGIKAT PERJANJIAN NOMINEE DALAM PENGUASAAN HAK MILIK ATAS TANAH I Wayan Werasmana Sancaya
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

Nominee Agreement or trustee is an agreement that use authority which is used the name of Indonesian residents name and the Indonesian residents give power of attorney to the foreigner to make them do an legal act towards their land. Nominee agreement often called with representation or borrowed name,depend on the letter of statement or power of attorney that made by both of the side, foreigner borrow names from Indonesian to be written as the land’s owner on the certificate, but then the Indonesian depend on the deed of declaration they have made ignore that the real owner of the land and its authorization do or represented to that foreigner. The validity and power of binding the nominee agreement is can’t be separated from clause 1320 and clause 1338 KUHPerdata. If the nominee agreement already notice ang fulfill the legitimate reguirement of the agreement based on clause 132 KUHPerdata and based on 1338 KUHPerdata, so that nominee agreement already have the binding power to every sides. Based on the principle of Pacta Sund Servanda, the agreement that is made by every sides, include nominee agreement has a binding power such as law for them who have made it.

KEWENANGAN BADAN PENGAWAS OBAT DAN MAKANAN TERHADAP PERDA PROVINSI BALI NO 5 TAHUN 2012 TENTANG PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL I Putu Mahentoro
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

ABSTRACTThe research was conducted based on the same authority which is ownedby the two institutions, namely Food and Drug Administration of the Republic ofIndonesia and Bali Provicial Government in monitoring and controlling ofalcoholic beverages in Bali.The results of this study demonstrate the Food and Drug Administrationand the Provincial Government of Bali have the same authority to supervise andcontrol alcoholic beverages in Bali. Bali Local Government Regulation Number 5of 2012 on the Circulation of Alcoholic Beverage Control only requires each hasa label on alcoholic beverages issued by the Government of Bali has to bedistributed to the public, while the authority of the Food and Drug Administrationis regulated in the Regulation of Minister of Health of the Republic of IndonesiaNumber 382/MENKES/PER/VI/1989 on Registration of Food that requires allfood produced both by local producers and imported foods are required to beregistered to the Ministry of Health through the Food and Drug Administration.In the Regulation Number 5 Year 2012 did not include the authority of theFood and Drug Administration (the Empty Norms) so that the Food and DrugAdministration can not perform optimally the law enforcement againstmanufacturers, distributors and sellers of alcoholic beverages in violation. Tocope with the condition it should be a amendment in the Bali ProvincialRegulation Number 5 of 2012 by stating firmly and clearly the authority of theFood and Drug Administration related to the registration of food, which requiresthat for all foods and beverages that will be distributed to the public must beregistered to the Ministry of Health through the Food and Drug Administration.

PENARIKAN BARANG YANG MENJADI OBYEK SEWA BELI DALAM HAL PEMBELI SEWA WANPRESTASI Putu Sumiasi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 3 (2013)
Publisher : University of Udayana

The article entitled The Withdrawal of the Leasing Object in the event ofCustomer’s Default in Payment. The main issue discussed is that whether thewithdrawal of the leasing object is acceptable by the law in the event ofcustomer’s default in payment.The research in this paper is classified as a Normative Legal research, whichis based on primary and secondary legal materials. The approach taken was thestatutory and the analytical conceptual approach.The research results indicate that with the withdrawal of leasing object in alease agreement by the creditor according to law (under the provisions of Article 1338of Indonesian Civil Code) can be justified and lawful. The agreement of waivingthe provisions of article 1266 of paragraph 2 of Indonesian Civil Codebinding on the partie based on the principle of freedom of contract

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