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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 16 Documents

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Search results for , issue "Vol 4 No 1 (2015)" : 16 Documents clear

MENINGKATKAN PARIWISATA BALI MELALUI KEPASTIAN PENEGAKAN HUKUM ATAS PELANGGARAN KAWASAN TANPA ROKOK DALAM PERATURAN DAERAH PROPINSI BALI NOMOR 10 TAHUN 2011 I Gusti Agung Ngurah Iriandhika Prabhata
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

To obtain a good and healthy environment is a part of human rights, as stated in the constitution of the Republic of Indonesia and the global principles of human rights. Tourism in Indonesia held on the principle of upholding human rights, especially Bali which engaged in the tourism sector. In response to the Bali Provincial Government policies governing the protection of human rights to obtain a good and healthy environment, through the Bali Local Regulation No. 10 Year 2011 on No Smoking Area, but the policy can not work effectively due to the lack of certainty in terms of law enforcement that is set in the substance of the local regulation (vagueness of legal norms), as well as penalties for violations that have not been able to provide a deterrent effect. This research uses normative legal research with the rationality that this study will examine the substance of the local regulation of Bali Province perceived No Smoking Area considered as vagueness of legal norm. The approach used to solve the problem is through the statute approach, analitical legal and conceptual approach, as well as the comparative approach to do a comparison of the rules banning smoking in Singapore and Queensland Australia. The results showed that a good alternative No Smoking Area policy in Bali is reforming the Bali Local Regulation by inserting a clear formulation of the law enforcement authorities, as well as the formulation of assertive sanctions to provide a deterrent effect. Through law enforcement certainty No Smoking Area, it will be able to improve the quality of tourism in Bali, especially in terms of Cleanliness Personality and Comfort.

FUNGSI JAKSA DALAM MENUNTUT TERDAKWA KORUPSI UNTUK PENGEMBALIAN KERUGIAN KEUANGAN NEGARA PERSPEKTIF SISTEM PERADILAN PIDANA INDONESIA Ni Wayan Sinaryati
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

This thesis of prosecutor function in the implementation of the court decision related to return of financial loss caused by corruption. In addition, this study also aims to determine and assets the constraints in the implementation of court decisions related to the return of financial loss. It is invecitable that at current time, corruption is one of the remarkable (extra ordinary crime) that endanger the stability and security as well as economic development in Indonesia. Corruption in Indonesia has been so severed and widespread in the community and very alarming, its development continues to increase from year to year, both in number of cases and the amonut of state financial losses and in terms of quality. These cirminal offenses commit more systematic and scope into all aspects of life. Starting from lower level of the dominant and state officials or law enforcement. Judge in imposing sanctions not only imprisonment and also fined an additional punishment, including the return of financial loss to the state by state corruption. The method used in this research is the method of normative juridical legal research of the research using primary and secondary data sources by document. This approact to use the statute approach, the analifical and conseptual approach, case approach and comparative approach legal, basic of corruption in the judicial process is ussed act No. 8 of 1981 (KUHAP), Act No. 31 of 1999, Act No. 20 of 2001 and Act No. 16 of 2004 The constraints in the implementation of the court decision related to the return of states losses, is convicted assets and property that has been transfered, multiple population administration and duration of the judicial proceses of implementation is not effective.

MODUS PENYELUNDUPAN NARKOTIKA DAN UPAYA PENANGGULANGANNYA DI LEMBAGA PEMASYARAKATAN KELAS II A DENPASAR Noni Suharyanti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

The emergence of law’s fact about convicted criminal who involved in drugs crime case as a certain intention by the government, especially for law enforcer in order to sterilize the prison from the drugs. In Bali, the drugs smuggling into prison is even been occur in prison Class II A Denpasar, which found the kinds of drugs such as marijuana or methamphetamine in prison block. From the investigation of that case, in fact there is a certain modes which is used in order to the drugs can be enter to the prison. Therefore, it is important to study in depth about the drug smuggling and the mitigating effort in Prison Class II A Denpasar. The method which is used empirical law research with descriptive qualitative research. The data consists of primary data and secondary data. The technique of collecting data which is used the document study and interview technique. The technique of determine the sample used “non probability sampling”. The result found that mode that is used to smuggling the drug into prison in vary such as : put inside the food, drink, threw the drugs from the outside, send a boy to delivered the food, etc. The effort that has been done by the Prison officer in Class II A Denpasar in mitigating the smuggling drug into prison by optimizes the preventive effort and repressive effort. Preventive effort was tighten the security and pacification in prison’s gate, sweeping in convict’s room, check every goods accurately which is entered into prison, and etc. However, the repressive effort was reported the smuggling or the convict who involved to the Police officer to get further law process.

IMPLEMENTASI PASAL 33 AYAT 3 UUD 1945 DALAM BERBAGAI PERUNDANG-UNDANGAN TENTANG SUMBERDAYA ALAM Tjok Istri Putra Astiti; Gusti Ayu Putri Kartika; Anak Agung Istri Ari Atu Dewi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

This study aims to : 1) determine the translation of Article 33, paragraph 3 of the 1945 Constitution in a variety of legislation on natural resources, 2 ) analyze the synchronization of several provisions in the legislation on the natural resources, espicially related to legal community participation and sanctions, and 3) analyze the implications of insynchroni- zation between the regulations of natural resource. This research is a normative legal research is implemented using the statute approach. The main object of study is the primary legal materials in the form of legislation on natural resources. The results showed that, in principle, the essence of Article 33 paragraph 3 of the 1945 Constitution, about the " earth , water , and space ,and the natural riches contained therein, shall be controlled by the state and used for the greatest welfare of the people . " has been translated into various statutory provisions of natural resources. There is synchronization between the various legislation, among other things : state control of natural resource management authorizes local governments, and the types of sanctions imposed against violations to the various regulations, namely sanction of imprisonment, confinement and fine. However, there is not synchronization related to the delivery of state control of the rights to the indigenous people (legal community)and about magnitude of sanctions, there are countless monthly ,there are countless decades. Likewise, regarding the fine penalties, there is a very lightweight ( Rp 10,000 ) some are up to Rp 15.000.000.000,- The existence of the insynchronization may be implicated on the participation of the legal community (indigeneus people) in managing the local natural resources and lack of legal positiveness (kepastian hukum) in law enforcement for violations of the various regulations on these resources .

PENGGUNAAN KUASA MENJUAL DIDALAM PERALIHAN HAK MILIK ATAS TANAH MELALUI JUAL-BELI Adnyana Adnyana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

The authorization pursuant to Article 1792 of the Civil Code is "an agreement by which a given authority to another person, who received it, for conducting an affair on his behalf". It seems clear on the one hand there is the so-called to give and some are called to receive power, each party both receiver and giver have equal rights and obligations in running the power. In a very rapid growth dynamics can be found in the deed of transfer of power that the land ownership through purchase, clauses can not be withdrawn or disregard of Article 1813 of the Civil Code which is referred to as "Power of Absolute", it means no longer balanced and adverse the power giver if concerned about the rights and obligations of the giver and the receiver of power. In connection with the absolute power of the transformation of property rights to land through purchase, there are some legislation that expressly rohibits: Instruction of the Minister of Home Affairs No. 14 of 1982 on the Prohibition of Use of Absolute Powerful As the transfer of Land Rights, Government Regulation No. 24 of 1997 on Land Registration, in Article 39 paragraph (1) letter d., Supreme Court Decision No. 2584 / K / Pdt / 1986 explicitly states that "absolute power of attorney regarding the sale and purchase of land can not be justified because in practice often misused for smuggling and selling land", Decision of the Supreme Court Reg. No. 2817 / K / Pdt / 1994 explicitly states that "buying and selling is done on the basis of absolute power is invalid and void". As a result of the ban, the use of absolute power in the transfer of property rights through the purchase can not be done because it is illegal and null and void.

DUALISME PEMBATALAN PERATURAN DAERAH PROVINSI DENGAN PERATURAN PRESIDEN DAN PERATURAN MENTERI DALAM NEGERI Gde Edi Budiartha
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.

TANGGUNG JAWAB NEGARA TERHADAP KERUGIAN WISATAWAN BERKAITAN DENGAN PELANGGARAN HAK BERWISATA SEBAGAI BAGIAN DARI HAK ASASI MANUSIA Putu Eva Laheri
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

This is a research after state responsibility for the damages suffered by tourists in relation with the violation of the right to tourism as a part of Human Rights, aims to describe and analyze about the liability of Indonesian Government to respect, protect and fulfill the right of every individual toward to enjoy his/her rights to tourism under Article 28I (4) of the Indonesian Constitution Year 1945 and Article 8 Statute Number 39 Year 1999 regarding Human Rights. Furthermore this research is willing to assess the circumstances that might create a possibility for tourists to file a claim of compensation against the Indonesian Government for the losses suffered as a result of the failure/the negligence of Indonesian Government to fulfill its responsibilities. Based on statement mentioned above, the question arises, whether in concept, tourists are able to file a claim of compensation against the Indonesian Government in relation with the recognition of the right to tourism as a part of Human Rights? And also in terms of how tourists can possibly file a claim of compensation against the Indonesian Government? The method used in this research is the method of normative legal research using the statute approach, the comparative approach as well as the conceptual approach. Based on the research that has been done, the conclusion is that in concept tourists can file a claim of compensation against the Indonesian Government, if they can prove that the damage or loss is caused by a violation of Human Rights conducted by the Indonesian Government and the result of this research further shows that the claim should be filed together with stating prove that the Indonesian Government has conducted a violation of the rights to tourism as a part of Human Rights.

PERLINDUNGAN GOLPUT DALAM PERSPEKTIF HAM Made Bakti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

The existence of non-voters in the election to get the pros and cons in the community. Most people support but some of the group refused. In this study discussed the How arethe implications ofabstentions in the democracy development in Indonesia? How is the human rights protection of the non-voters? This research is a normative legal materials sourced from primary and secondary legal materials. Legal materials collected qualitatively processed. Legal materials processing results are presented in descriptive analysis. Abstentions implications in the development of democracy in Indonesia is a hallmark of democracy itself that is the freedom to argue. Not voting is a choice that must be respected in a democracy in Indonesia. Protection of human rights of non-voters must be done by the state, the law and every person as the option to be non-voters are part of the political rights of the born first-generation rights. Rights in the first generation is not ruled out. Society needs to see that non-voters is an option that must be respected in democratic life. Option to not choose (non-voters) should be defined as a human right in the legislation in Indonesia.

KEBERADAAN PEMEGANG SAHAM DALAM RUPS DENGAN SISTEM TELECONFERENCE TERKAIT JARINGAN BERMASALAH DALAM PERSPEKTIF CYBER LAW Ni Ketut Supasti Dharmawan
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

In Indonesia, the General meeting of Shareholder through teleconference mechanism can be conducted under the provision of Article 77 of Law No. 40 of 2007 concerning Limited Liability Company. This teleconferencing mechanism allows all participants to see and to hear each other as well as to participate in the teleconference meeting. There is legal vacuum with regard to position of shareholders in the General Meeting by teleconference mechanism, especially in the case of network problems. However, by analogy with the legal construct of the provisions of Article 90 of the Company Law can be stated that the position of shareholders continues to be recognized as a legal subject who has legal right and has valid votes counted even if the minutes of the meeting have not been signed electronically because internet network problem as long as treatise or the minute of General Meeting of shareholders is made by notarial deed and shall be signed by the Notary who made the deed.

KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN TINDAK PIDANA DAN KENAKALAN SISWA SMA : SUATU KAJIAN TENTANG PENERAPAN TEORI KONTROL SOSIAL DAN KEARIFAN LOKAL DI BALI Gde Made Swardhana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 1 (2015)
Publisher : University of Udayana

Juvenile delinquency is a symptom of social and has raised concerns among parents in particular and society in general. These forms of behavior such as child delinquency abuse of narcotic and psychotropic drugs, free sex, fights among teenagers of the village, street racing, began to adorn the Balinese order changes gradually. These symptoms seem to always just show itself as an actual problem that is typical in each period of time and therefore be interesting to be examined. Community structure that changes caused by pressure or offered options that ultimately became plural and multicultural Bali. Resolution of the problem certainly must be associated with a Balinese local wisdom itself. The problem is formulated: (1) why the theory of social control is the most appropriate theory used to cope with children's Misbehavior in Bali?; (2) How the pattern of juvenile delinquency prevention in Bali with the use of local wisdom? The approach used in this study is the non doctrinal approach (socio-legal approach). In principle the socio-legal study is the study of the law, based on social sciences methodology in the broad sense. This research included in aggregate research tradition between qualitative research and quantitative research is often known for its mix of research, with the perspective approach to Criminology. (1) the theory of social control, as compared to the theory of social disorganization theories of deviant behavior in criminology, social control theory most appropriate use in tackling child because, while a strong social bonds between the children with peers, peer group, parents, school teachers, community leaders, religious figures, children undoubtedly will not do deviate behavior. Although his theory of social control in the West but its implementation against children in Bali is more focused than the other theories are, of course, the addition of the elements contained in the theory of social control, such as Attachment, Commitment, Involvement, and Belief, is associated with the local wisdom Balinese people strongly support the strengthening of social control theory; (2) the pattern of juvenile delinquency prevention in General to use the model of non-penal and penal. The pattern of non penal in tackling child delinquency through local wisdom like tri hita karana, tri kaya parisudha, tri tat twam asi, and others, the Balinese social control can prevent or cope with a minimum of child delinquency in Bali.

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