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[PERKEMBANGAN KEDUDUKAN PEREMPUAN DALAM HUKUM ADBALI (Studi di Kota Denpasar) ]]>
<![CDATA[Ni Nyoman Sukerti]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p02
<![CDATA[Women as citizens of the ancients is still received discriminatory treatment in someaspects of life, although the government has made some rules that provide protection towomen evens have ratified CEDAW. The Constitution also been set in Article 27, paragraphs1 and 2, but discrimination against women still exist, especially in the traditional law of Baliinheritance. On the basis of the two problems posed namely 1). Against wealth whose positiondaughter suffered developments in traditional law of Bali heritance? and, 2). What factorsinfluence the occurrence of the development of women position in traditional law of Baliheritance ? Results of the research showed that inherited asset is generally daughter disposableproperty rich guna kaya. Varied forms of inherited property have fixed things as well asmoving objects. Rights received largely daughter also vary greatly between the cases of theother cases, this depends of the economic condition of her parents. Daughter of position heirsare not burdened family responsibilities. So, the position of the daughter of experience in thedevelopment of traditional law of Bali heritance limited -use property rich guna kaya .Factors that influence the occurrence of the development of women position in traditional law of Bali heritance, the availability of legislation that gender perspective, there is aparadigm shift in attitude and behavior of the parents of the girls looked, viability of publiceducation level and economy growing family.]]>
<![CDATA[EKSISTENSI OTONOMI DESA PAKRAMAN DI BALI DALAM KERANGKA OTONOMI DAERAH KHUSUSNYA DALAM PENGELOLAAN OBYEK WISATA ]]>
<![CDATA[I Gusti Ayu Agung Ariani]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p07
<![CDATA[Traditional village (Pakraman) is an indigenous people who have the authority to manage his own household, and the authority was born out of thevillage so it is often referred to as having genuine autonomy. On the other handwith the establishment of the state covering the entire area of the country wherethe indigenous villages were then raised the issue regarding the implementationof autonomy in relation to the traditional village authorities also state that givesautonomy to the region in accordance with the centralized system that wasfollowed. That's why it is necessary to examine the existence of a traditionalvillage in Bali autonomy within the framework of regional autonomy especially intourist object management. This study were classified in empirical legal research can be seen in thestudy area were selected using purposive sampling method, it can be seen thatinitially the traditional village autonomy is not recognized in the context ofmanaging a tourist object because of the traditional village is not at all involvedin the management of tourist objects. It was only through an uphill battle, evenwith through demonstrations, traditional village involved in the management of atourist attraction. In the original development management involving privateparties as well as third party, then is only managed as a form of cooperationbetween local government and the Desa Pakraman only somewhat proportionaloutcomes assessed, although there are groups of people who do not approve evensueing Bendesa Desa Pakraman. The cooperation in tourism managementproficiency level set forth in a letter of the Collective Agreement between theGovernment and Bendesa Desa Pakraman.]]>
<![CDATA[KEBERADAAN DAN IMPLIKASI PRINSIP MFN DAN NT DALAM PENGATURAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA ]]>
<![CDATA[Ni Ketut Supasti Dharmawan]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p03
<![CDATA[The WTO – TRIPs Agreement regulates the principle of non- discrimination which must be complied by its member countries. There are two principle of non discriminationnamely the principle of National Treatment ( NT ) and Most Favoured Nations principle (MFN). This study focus to the adoption of MFN and NT principles into IntellectualProperty Rights laws of Indonesia whether it harmony with the legal system in Indonesia. This study uses the normative legal research methods by using conceptual approachand statute approach . The legal materials that studies in this research consists of thePrimary Legal Materials : Act No. 19 of 2002 , Act No. No. . 15 of 2001, Act No. 14 of2001, as well as the TRIPs Agreement. Secondary legal materials studied in this research are legal text books and law journals related to NT and MFN principle in the field of IntellectualProperty Rights. .The results showed that the Principle of Non Discrimination System in the form of theprinciple of National Treatment (NT) expressly governed through Article 3 TRIPsAgreement and the principle of Most Favoured Nations (MFN) regulated through Article 4TRIPS Agreement. As a member of WTO-TRIPs Agreement, Indonesia should comply andadopt the MFN and NT principles into IPR laws. Currently those principles exist implicitlyand explicitly such as in the Act No. 19 of 2002, the Act No. 14 of 2001, and the Act No. 15of 2001. Although the MFN and NT principles has already adopted, it is still need moreeffort to implement the principle of non Discrimination, especially in the relationshipbetween Indonesia and other unequal size countries, between developing and developedcountries.]]>
<![CDATA[SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA ]]>
<![CDATA[Tjokorda Istri Putra Astiti]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p08
<![CDATA[This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule whichare applied by the Judges on the cases, and reveal whether the decision under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and threedecisions of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling. Based on the analysis of the six decisions mentioned above , can be concludedas following:1) The rule applied by the judge in hanling the concrete cases regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2) Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed, in one hand show synchronization and the other hand show differentiation. In this case, synchronization and differentiation can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other). 3) That the decision of the District and the High Court, either have reflected gendersensitively and gender equity.]]>
<![CDATA[PELAKSANAAN TUGAS DAN WEWENANG HAKIM PENGAWAS DAN PENGAMAT PENGADILAN NEGERI DENPASAR DALAM PEMBINAAN NARAPIDANA ]]>
<![CDATA[I Dewa Made Suartha]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p04
<![CDATA[How is the implementation of duties and authorities of supervisors andobservers judges of Denpasar District Court in founding the convict? What areobstacles that occur in implementation of duties and authorities of supervisorsand observers judges of Denpasar District Court in founding the convict? The method used in this research was empirical legal research. Itscharacteristic is descriptive. The data sources that used are primary data,secondary data and tertiary data. The primary data / field data were obtained byinterviewing the relevant law enforcement officer that has been determined as asample. The secondary data were obtained of literature studies. The data wasanalyzed by qualitative descriptive analysis to get the vivid conclusion anddescription in discussing the problems in this research. Conclusions derived from this study include: implementation of duties andauthorities of supervisors and observers judges of Denpasar District Court infounding the convict are not running optimally in accordance with the legislationin force. The factor that obstruct are the numbers of supervisors and observersjudges of Denpasar District Court were not adequate, that was one person, therewas no special fund (Operational fund) and there were no strict sanctions forthose when they could not do the duties according to the applicable law; theycould only appeal to the law enforcement agencies / officers of Class IIADenpasar Penitentiary founding the convict.]]>
<![CDATA[VONIS SANKSI PIDANA TAMBAHAN OLEH HAKIM BERUPA PENGEMBALIAN KERUGIAN KEUANGAN NEGARA OLEH TERPIDANA TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI DENPASAR ]]>
<![CDATA[I Ketut Rai Setiabudhi]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p05
<![CDATA[Corruption in Indonesia has been so severed and widespread in thecommunity and very alarming, its development continues to increase from year toyear, both in number of cases and the amount of state financial losses and interms of quality. These criminal offenses commit more systematic and scope intoall aspects of life, Starting from lower level of the dominant and state officials orlaw enforcement. Judge in imposing sanctions not only imprisonment and alsofined an additional punishment, including the return of financial loss to the stateby state corruption, as well as some Denpasar District Court and the Court ofCriminal Acts of Corruption (TIPIKOR) Denpasar. Legal basis of corruption inthe judicial process is used by judges Act NO: 31 Jo Act 1999 NO: 20 of 2001 onEradication of Corruption.]]>
<![CDATA[TUGAS DAN FUNGSI BADAN PENANGGULANGAN BENCANA ]]>
<![CDATA[Ni Ketut Sri Utari]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p01
<![CDATA[The main issue of this research is the enactment of Act No. 24of 2007 regardingDisaster Management, there is a body of disaster management (BNBP and BPBDs) nationaland regional scale is still in charge, and on the other hand there is an Act No.23 /Prp/1959regarding the State of Emergency. Type of research is a normative law of the statut or yapproac hand the conceptualapproachto find the link between the two laws. The research found: (1) BNP Band BPBDmembership structure of the Steeringele mentis civilian officials, professional societies, andalso involves the military and police.(2) That the concept of disastersare handled by BNBP orBPBDs similar to the conditions of civil emergency due to natural disasters and social.Relationship between Act23/Prp/1959 with Act No. 24 of 2007, only in situations ofdisasterorstate of emergency status. Officials who have the authority to determine the statusof a state of emergency is the President, or the Governoror Regentequal to civil authorities inemergencies Act No.23/Prp/ 1959.(3) In an emergency situation, boththe law gives specialpowers to the rulers o fa state of emergency. Relations between the two laws is runningparalleland complementary.]]>
<![CDATA[PENGATURAN PERADILAN ADAT DALAM AWIG-AWIG DESA PAKRAMAN: STUDI PENDAHULUAN TENTANG EKSISTENSI PERADILAN ADAT DALAM KESATUAN MASYARAKAT HUKUM ADAT DESA PAKRAMAN ]]>
<![CDATA[I Ketut Sudantra]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 3 No 2 (2014) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2014.v03.i02.p06
<![CDATA[This study aims to determine the regulation on customary justice in the traditionalrules of awig-awig of pakraman village, the rules made by the customarycommunity unit of Pakraman village in Bali. This study focused on structure,competency, mechanism, and principle of customary justice. The result shows thatstructure and competency of customary justice have been regulated clearly onawig-awig of pakraman village, but the mechanism of customary justice doesn’tregulated clearly. Awig-awig of desa pakraman only regulates initial mechanism,namely the process of filing a case, but does not regulate mechanisms after thecase was subsequently processed by the customary justice. It can be identifiedsome principles in awig awig of pakraman village to be a guidance for thecustomary courts in resolving cases that occur on it’s jurisdiction]]>
