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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 13 Documents

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Search results for , issue "Vol 3 No 1 (2014)" : 13 Documents clear

PERLINDUNGAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK ATAS TANAH DALAM KETENTUAN PASAL 32 AYAT (2) PP No. 24 TAHUN 1997 Putu Ade Harriestha Martana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

The title of this study is “legal protection for land ownership right certificate holder according to Article 32 clause (2) Government Regulation Number 24 Year 1997”. There is a contradiction between the negative publication system which is adopted in Indonesian land registration system and the indefeasable title that is given after the certificate is published for more than five years according to Article 32 clause (2) Government Regulation Number 24 Year 1997 about Land Registration. Therefore some issues are occured, which is the legal certainty and legal protection of the land ownership right certificate holder after the five years period according to Article 32 clause (2) Government Regulation Number 24 Year 1997. The research method used in this study is normative legal research focusing on investigation of legislature as the primary legal material and supported with the legal doctrine as secondary legal material. The approaching methods used is legal concepts approach and statute approach. From the legal material research can be concluded that in normative basis the aim of article 32 clause (2) Government Regulation Number 24 year 1997 is to give a legal protection and legal certainty, but in the process the article is contradictory to the negative publication system and the clauses in the article itself is contradictory, therefore it does not give adequate legal protection and legal certainty for the holder of the land ownership right certificate after the five years period.

SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI I Dewa Gede Dana Sugama
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

This study discusses about Inadequacy Corruption Eradication Commission In Issuing Warrant Termination of Investigation In Corruption Case. The Commission is authorized to issue a warrant termination of the investigation and to determine the actions taken when the Commission which investigated corruption Commission was not enough evidence. The conclusion of this study is, first Corruption Eradication Commission is authorized to issue an Order for Termination of Investigation in accordance with Article 40 of Law No. 30 Year 2002 about Corruption Eradication Commission, consideration of the logic of juridical is that the Commission is not a core law enforcement within the criminal justice system and just as independent institutions that can be dismissed if there is no corruption in our country. The arrangement of Article 40 of Law No. 30 of 2002 is prudential or attitude of prudence principle for the Commission to work accurately, efficiently and professionally

THE LEGAL STANDING OF THE ADAT COMMUNITY OF YAWAONAT AS A PROPOSER IN THE MATERIAL EXAMINATION OF THE ARTICLE 20 LETTER A OF THE LAWS NUMBER 21/2001 IN THE CONSTITUTIONAL COURT Ruth Kambuaya
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

The substance of legislation is a written legal norm which has a binding and constant legal power. Substantially, the Article 20 section 1 letter a of the Laws Number 21/2001 has violated the constitutional rights of the adat community of Yawaonat. In this connection the adat community has made a proposal for material examination against Laws Number 21/2001 to the Constitutional Court. This study describes the rights of the adat community in accommodating outsiders (non-Papuan people) to become the Native of Papuans based on the adat law which has been accommodated in the Laws Number 21/2001. The material examination conducted by the Constitutional Court decided that the significance for recognizing outsiders to become the Native of Papuans if it is not well signified will create constitutional losses for outsiders who have been recognized as the native Papuans and can harm the constitutional rights of the adat community. This is a normative legal study. The legal sources employed for this study was the legal primary and secondary sources. The analysis was done systematically and interpretatively with juridical evaluations. The legal standing of the adat community of Yawaonat as a proposer in the session of the Constitutional Court is based on the specifications of Article 51 section 1 of the Laws Number 24/2003 with reference to the Laws Number 8/2011 concerning Constitutional Court. The rights of the adat community which is violated covers the constitutional rights given by the 1945 Constitution and the rights by Laws Number 21/2001

KEBIJAKAN FORMULASI TERHADAP PENIRUAN TAMPILAN WEBSITE DI INDONESIA Ajeng Widya Paramita
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

One of the implications of information technology to which attention is currently paid is its impact on the existence of Intellectual Property Right. One of the crimes committed to the right of intellectual property is the illegal imitation of presentation on web page of sites belonging to others popularly known as Offense against Intellectual Property. Based on the background above, the problems discussed in this study are the formulation of criminal act and the policy of formulation in the future system of sanction imposed upon the imitation of presentation of website in Indonesia. Normative method based on the regulations of laws related to the crime of the imitation of presentation of website in Indonesia was used in the present study. The results of the study showed that the elements of the formulation of criminal act of the imitation of presentation of website in Indonesia are subjective and objective ones. The policy of the formulation of the system of criminal sanction imposed upon the limitation of presentation of website in Indonesia applies the type of cumulative criminal threaten which includes two types of punishment. The formulation is a 2 (two) year imprisonment and/or a maximum spesific fine of Rp. 150.000.000,00 (one hundred fifty thousand rupiahs), based on Article 72 Clause (6) jo Article 24 of the Criminal Law.

IMPLEMENTASI PERSETUJUAN TINDAKAN KEDOKTERAN (INFORMED CONSENT) DALAM PERJANJIAN TERAPEUTIK OLEH TENAGA KESEHATAN TERHADAP PASIEN RUMAH SAKIT DI PROVINSI BALI Ida Ayu Sri Kusuma Wardhani
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

Health is the most important part of human life that can affect productivity and optimal human activity. When a person's health is compromised, then that person will seek treatment in health care facilities in the hospital one of them in order to get action. Measures of medicine containing the high risk should get written consent from patient/family called Informed Consent. The legal relationship between health professionals with patients occurs because of the agreement that causes the therapeutic relationship inspaningverbintenis law (treaty effort). Similarly in the Bali Provincial Hospital in any medical act especially those containing a high risk, which is done by some health professionals are also using the Informed Consent. But if there is negligence actions that cause harm, who will be responsible for the risks in the suffering patient / family? and how the efforts of patient / family to resolve medical disputes against the risk of Informed Consent? The method used in this research is an empirical law derived from primary data and secondary data. The nature of the study is descriptive, with qualitative data analysis. Overall the results of these analyzes are presented in the description which describes the complete problem under study, along with a critical discussion. Based on the Theory of Legal System of L. M. Friedman, legal systems theory described by Soerjono Soekanto be legal efficacy theory, the theory of Hans Kelsen responsibility, and legislation as well as the results of research in the field, it is known that the liability of health professionals based on Informed Consent Agreement Therapeutic Hospital in Bali province is on the doctor who signed the operator of the informed consent form. However, if the patient / family prosecute acts of negligence committed by health professionals, the hospital will be responsible jointly and severally against such negligence. From the result of research in the hospital in the province of Bali, demands action against medical negligence are usually resolved by kinship means or mediation

PERLINDUNGAN HUKUM BAGI KONSUMEN BERKAITAN DENGAN PENCANTUMAN DISCLAIMER OLEH PELAKU USAHA DALAM SITUS INTERNET (WEBSITE) Ni Putu Ria Dewi Marheni
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

This Research is entitled “Legal Protection for Consumers Related to the Inclusion of Disclaimer by Business Owner in Website”. The problems of the present study are: first, how the inclusion of disclaimer in websites in Indonesia is like; second, what the legal protection for consumers related to the inclusion of disclaimer by business owner in websites is like. The method used in the present study is the normative legal research. The results of the study showed: first, no norm regulating disclaimer in the Act Number 11 of 2008 concerning the electronic information and transaction which specifically regulate activities in the cyberspace. However, if generally viewed from the protection for consumers in the Act Number 8 of 1999 concerning Protection for Consumers, most inclusions of disclaimer in the website is classified as exoneration clausal which is partially prepared by business agents to avoid what they are supposed to be responsible for. Second, the form of legal protection needed by consumers in the internet is still weak. However, the general legal protection for consumers may be provided through: a) Being preventive: Reliability Certification Board ‘Lembaga Sertifikasi Keandalan’(LSK) which is supposed to give certification for every internet site already regulated by the Regulation of the Republic of Indonesia Number 82 of 2012 concerning the Implementation of Electronic System and Transaction which is a derivative of Article 10 clause (2) of the Act Number 11 of 2008 concerning Electronic Information and Transaction; b) being repressive: through Litigation Lane which may be done by submitting a civil suit and civil sanction based on the Act Number 11 of 2008 concerning Electronic Information and Transaction. Another alternative is through the Non Litigation lane, that is, the Arbitrate Lane, which is settled using the Alternative of Dispute Settlement

PERLINDUNGAN HUKUM TERHADAP PEMEGANG KARTU E-MONEY SEBAGAI ALAT PEMBAYARAN DALAM TRANSAKSI KOMERSIAL Ni Nyoman Anita Candrawati
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

One means of electronic or non-cash payments are by using electronic money card (e-money). Value of money is stored electronically and issued on the basis of the value of money paid to the holders of the provider. The money is used as a means of payment, but not the deposit as stipulated in the Banking Law, so it is not guaranteed by Saving Guarantee Institution (LPS). There are two issues that were examined in this study, namely: the arrangements for electronic money card holders in e-money transactions and legal protection for the cardholder to perform e-money transactions. The research is a normative legal research using law and conceptual approach. Based on the results of studies conducted on the issue, the legal regulation of the form of electronic money stipulated in Bank Indonesia Regulation Number 11/12/PBI/2009 on Electronic Money, and through standard agreements governed by the provider, such as terms and conditions of the card holder. Legal protection for the cardholder is required to ensure the equality of the provider and the card holder, including legal protection against the misuse of e-money card that can be detrimental to the holder, through preventive and repressive legal protection.

KONSEP PERIJINAN BERWAWASAN LINGKUNGAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN Ni Luh Putu Miarmi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

The need for a healthy and sustainable environment into hope everyone all the time. The development of rapid development as a result of the fulfillment of the needs of life with varying levels of need have an impact on the use and management of the environment. Based on this paradigm and the use of environmental management is expected to meet the needs of the present without compromising the rights needs of future generations. Governments in the concept of the welfare state law permitted to intervene in an effort to meet the public welfare through licensing instrument is intended as a means of preventing the destruction of the environment.

PENGATURAN BATAS WAKTU PENDAFTARAN JAMINAN FIDUSIA PADA UNDANG-UNDANG NOMOR 42 TAHUN 1999 I Gede Prima Praja Sarjana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

This article have title is “The Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee”. The issue in this article on how is Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee. This study is normative law research. That is law research that based on secondary data (literature data). The approach have been applied in this study were statue approach that is the law number 42 in 1999 on fiducia guarantee, fact approach, and analytic and conceptual approach. Then analysis technique was by using descriptive, interpretation and argumentation. The result showed, first: the law number 42 in 1999 on fiducia guarantee start from article 11 until 18. it is not clearly describe on time limit of registration of fiducia guarantee, so that it can arise uncertainty of law. Recommendation can be submitted that in order to demand of law certainty, orderliness, and useful in order to protect the public as user of fiducia guarantee institution, hence limit time of registration of fiducia guarantee need to be arranged strickly in the Law number 42 in 1999 on fiducia guarantee

IJIN PENDIRIAN RUMAH SAKIT OLEH MODAL ASING BERKAITAN DENGAN PENGGUNAAN BAHASA ASING DALAM PENAMAAN RUMAH SAKIT Ayu Prilia Diantari
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 1 (2014)
Publisher : University of Udayana

The establishment of the hospital takes no small amount of capital and therefore theestablishment of the hospital does not relu out the possibility of the cooperation between foreigninvestors with local investors, the establishment of hospital procedures by foreign investors isregulated in health minister 147/MENKES/PER/2010 about the hospital licensing.The parties will establish a hospital must comply with the regulations contained in thearticles of ministerial regulation 147/MENKES/PER/2010.Regulation of the minister of healty in the attachment 147/MENKES/PER/2010 number 6mentioned for naming the hospital may not use language/foreign terms such as : “aninternational, world-class, global, but the reality in Bali and more hospital are using language/foreign terms in the naming of the hospital.

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