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[BUDAYA HUKUM DALAM KEBERLAKUAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA PADA PENGRAJIN PERAK DI BALI ]]>
<![CDATA[Kadek Julia Mahadewi]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p01
<![CDATA[The Law No.28 year of 2014 regarding Copyright set about the protection of copyright works,one form of copyright works which is being protected is silver handicrafts.In Bali it is popular for its silver handicrafts which its motif is unique and creative so that the existence of silver handicrafts can penetrate international and domestic market.Silversmiths in Bali in producing works of silver handicrafts,in which they found the problem that they had to face such as the case that fallen upon silversmiths in creating their works as follows,first,there were the products of Balinese silver handicrafts registered its copyright by foreign party.The case was experienced by Desak Nyoman Suarti against Lois Hill the businessman from USA.Second,it is accused toward Balinese silversmith that he copied silver handicraft’s copyright owned by foreign party,it was happening toward Balinese craftsman Ketut Deni Aryasa against John Hardy the owner of PT.Karya Tangan Indah.It certainly harms Balinese silversmiths when the truth is that silver handicrafts can be protected by Copyright Law No.28 year of 2014 in the article of 38.From the issues mentioned above we conducted the research titled: Legal Culture in the Enforceability of the Law No.28 year of 2014 Regarding Copyright of the Balinese Silversmiths. The type of this research belonged to the study of empirical law. The result of research shows that, first, the type of law protection provided by the state towards traditional motifs is in the form of preventive and repressive law protection. Second, legal culture of silversmiths in Bali view traditional motifs as a work substance with work orientation is for a living so that value system being adopted by most silversmiths in Bali is not to register their works into the Copyright system.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA KOPERASI DALAM TINDAK PIDANA MELAKUKAN KEGIATAN PERBANKAN TANPA IJIN ]]>
<![CDATA[Dessy Lina Oktaviani Suendra]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p15
<![CDATA[Cooperative in Indonesia today is inseparable from the possibility of a criminal act, one criminal offense related banking licenses. Conflicts occur in the setting of norms of criminal responsibility in the cooperative banking activities without a license, where the Cooperatives Act only regulates the sanctions administrtif for cooperatives, but cooperative management is not subject to criminal sanctions, while the Banking Act regulated the criminal sanctions for the management / leadership of the cooperative. Based on this background, the didapatlah formulation of the problem, namely: 1) How is criminal responsibility in case of banking criminal acts without permission undertaken by cooperatives 2) Who is responsible for committing a crime when the cooperative banking without permission.This research is a normative legal research. The data used in this study include primary and secondary data. Data collection techniques used is literature study technique using a systematic method through the card system. Legal materials analysis techniques used are descriptive analysis technique, argumentation technique, interpretation and analysis techniques. Of overall relevant data will be processed and analyzed in a way compiling such data systematically and selectively, then the data is analyzed in terms of the descriptions are accompanied by an explanation of the theories of law. These results indicate that the cooperative actions that can be accounted for criminal is a criminal offense embezzlement, criminal fraud, banking criminal acts and corruption. As for the banking criminal acts that can be performed by the cooperative is a criminal offense related banking licenses, in which for the moment in its criminal liability still refers to the Banking Act which provide criminal sanctions for those who give orders / leader. While the parties responsible for committing a crime if the cooperative banking without permission is a cooperative management.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP WISATAWAN DALAM PASOKAN JASA PARIWISATA OLEH BIRO PERJALANAN WISATA ]]>
<![CDATA[Princess Innez Primantara]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p06
<![CDATA[Purpose of this research is identify the construction norms about security and safety standard of tourist in the supply of tourism services by Tour Operator and the readiness Tour Operator in implementing tourists protection regulations in the supply of tourism services by Tour Operator. The research method used is a empirical legal research. Data and sources of data used are primary data, which derives from Tour Operator located around Denpasar and Badung, while secondary data used consisted of primary legal materials, secondary, and tertiary. Data collection techniques used are Study Documents Techniques and Interview Techniques, with the sampling technique used on the population is Non-Probability Sampling Techniques. The analysis used in this research is the Qualitative Data Analysis. As from April 11, 2014, the Government has set rules on Standards Service of Business Travel through Regulation of the Minister of Tourism and Creative Economy Number 4 of 2014. This allows for Tour Operator standardization problem as provided in the ministerial regulations, and constraints experienced by the Tour Operator to fulfill that standardization. In this regard, it is necessary to study more about the implementation of the protection of the law by a Tour Operator, after the ministerial regulation.]]>
<![CDATA[PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY) ]]>
<![CDATA[I Wayan Wesna Astara]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p20
<![CDATA[The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency]]>
<![CDATA[PENJABARAN GOOD CORPORATE GOVERNANCE (GCG) DALAM PENGADAAN BARANG DAN JASA PADA PLN BALI ]]>
<![CDATA[Luh Putu Dwi Suarini]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p11
<![CDATA[Research in connection with the theme is “ Implementation of Good Corporate Governance (GCG) in Procurement at PLN Bali”. The problems are researched the translation of good corporate governace forms in the procurement of goods and services at PLN Bali and the form of the procurement of goods and services at PLN Bali. This research includes the category of empirical legal research, legal research is a empirical means reviewing the practical reality in daily life - today. The nature of the research is descriptive research that has a goal to paint a picture of something in the area and at a certain moment. Furthermore, the technique used is to study documents, interviews, Non-Probability Sampling, purposive sampling. Procurement of goods or services in PLN involves many parties, the employees who were appointed to take care of such procurement and future providers of goods and services. In this relationship unfair business competition or the price is too high or low in supply. However, the existence of e-procurement and the correct procedures in the procurement of goods and services as well as the concept of GCG which also animates the principles of procurement of goods and services. Procedures in the procurement of goods and services as well as the principles of GCG, the procurement in PLN can be carried out transparently, responsibly, independently, fairly and equitably.]]>
<![CDATA[IMPLIKASI UJI KOMPETENSI TERHADAP KESADARAN HUKUM PERS WARTAWAN MEDIA CETAK DI KOTA DENPASAR ]]>
<![CDATA[I Made Adnyana]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p02
<![CDATA[This research aim to analyze how far the competency test implication on press legal awareness of print journalists in Denpasar. The research method used is sociology approach on print journalists in Denpasar that pass competency test. To collect data from print journalists in Denpasar on how the implication of competency test affect press legal awareness, method of law as it is in society is used with quantified non-doctrinal approach. Based on the press laws in Indonesia, there no rules that sternly or specifically made regarding competency test. The competency test conducted base on Regulation of Press Council No. 1 of 2010 about Journalists Competency Standard. The enactment of regulation is part of function implementation of Press Council according to Article 15 of Law No. 40 of 1999 on the Press journalists. Press legal awareness of print journalists in Denpasar basically affected by own awareness to know and learn about press legal regulations and opportunity that given by print media company to attend training on law and ethic, both internal or external, and taking competency test. In conclusion, competency test has implication on the press legal awareness of print journalists.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING) ]]>
<![CDATA[I Dewa Ayu Dwi Mayasari]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p16
<![CDATA[Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles]]>
<![CDATA[LEGAL STANDING KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI (KPK) DALAM SENGKETA KEWENANGAN LEMBAGA NEGARA DI MAHKAMAH KONSTITUSI ]]>
<![CDATA[I Gusti Ayu Eviani Yuliantari]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p07
<![CDATA[This paper takes the title: "Legal Standing of the Komisi Pemberantasan Korupsi (KPK) in Case Dispute Authority of State Institutions in the Mahkamah Konstitusi". The research in this paper addresses two problems that are associated with the KPK as a state institution in the UUD NRI 1945 and the legal standing of the KPK, which can be a Party to the Dispute Authority of State Institutions in the Mahkamah Konstitusi by the UUD NRI 1945. The method used in this research is normative legal research, because this research seeks to discuss or review the legal norm in this case the norms of legislation to determine the synchronization either vertically or horizontally. This thesis explains that the KPK is a state agency whose authority is not clearly regulated by the UUD NRI 1945. Therefore, the KPK does not have legal standing as an applicant or respondent in a lawsuit filed in the Mahkamah Konstitusi relating to dispute the authority of state institutions because the authority is the Commission does not expressly provided in UUD NRI Tahun 1945 but by law.]]>
<![CDATA[HAKIKAT SANKSI ADAT SANGASKARA DANDA TERHADAP PELANGGARAN ADAT GAMIA GAMANA ]]>
<![CDATA[Ida Bagus Sudarma Putra]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p12
<![CDATA[Community life in Bali is inseparable from the customs inherent in the life of society itself. Religion and culture become a crucial factor to implement the order of indigenous people. Social change has an impact on the life of indigenous people. Many custom cases that occur, one of them is having sexual relation / marriage with close relatives called Gamia Gamana. Sanctions toward this custom offense generally carry out by cleaning up the village or prayascita village. The purpose of this ceremony is to restore the sanctity and balance of the village; therefore, it becomes pure again. This sanction is given as a fine to the person who does custom offense called Sangaskara Danda. The research questions of this study can be formulated as follows; how is the nature of Sangaskara Danda? And how is the implementation of Sangaskara Danda sanction toward customs offenses Gamia Gamana? The method used in this study was an empirical law derived from primary data and secondary data. The nature of this study was descriptive, with qualitative data analysis. Overall results of these analyses were presented in the description which described the complete problem under study along with a critical discussion. The nature of custom sanction Sangaskara Danda can be seen from the form of sanction, the purpose of the sanction, and the implementation of the sanction. The sanction Sangaskara Danda is in the form of Prayascita Sangaskara Danda and Matirta Gamana (for Hindu Priest). The purpose of this sanction is restoring the cosmic balance (sekala-niskala); moreover, cleansing and purifying themselves, their family and village environment. The implementation of these sanctions is done by imposing the perpetrator of custom offenses either in material or immaterial. Similarly, in implementing sanction Sangaskara Danda toward custom offenses Gamia Gamana is to continue to implement Sangaskara Danda in the form of Prayascita Desa and impose other sanction such as not allowed joining as the member of the village, pay fines, bathed in the sea or even “diaben” (symbolically).]]>
<![CDATA[POLITIK HUKUM PENGATURAN TAP MPR DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[I Made Aryana Putra Atmaja]]>;
<![CDATA[I Nyoman Suyatna]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
Publisher : <![CDATA[University of Udayana ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p03
<![CDATA[The third Amendment of UUD 1945 in 2001 put the position of MPR is no longer as the highest state institution but equal with another state institutions. This is certainly make a legal consequence to the legal product that produced by MPR and that legal product is Tap MPR. Tap MPR is no longer regulated in hierarchy of legislation in article 7 (1) Constitution No. 10 of 2004 on the establishment of legislation because Tap MPR is not included in the general legislation. But then the issuance of Constitution No. 12 of 2011 set back Tap MPR in hierarchy of legislation because some of Tap MPR is still valid in accordance with the Tap MPR number of I / MPR / 2003 on Judicial Review Matter and Legal Status of the Tap MPR Decree from 1960-2002. If it viewed through a political perspective, it can be said that Tap MPR Decree setting tug in the hierarchy of legislation can be said to be inconsistent of legal political or unclear. Said to be inconsistent or unclear because it is not in line with changes in the MPR authority and contrary to the theory of hierarchy of norms as a result of changes in the authority of MPR must also align with the legislation and do not deserve to be above the legislation. The debate re-occurs when the authority of the Constitutional Court to review the constitutionality of MPR is considered contrary to the 1945 Constitution questionable. Is the Constitutional Court is authorized to review the constitutionality of Tap MPR towards the UUD 1945? According to the Article 24C of UUD 1945, Constitutional Court is only authorized to review legislation towards UUD 1945. There is void of norm on the authority of the Constitutional Court but on the other side, citizens who feel their constitutional rights are violated by the existence of the MPR cannot do anything. The Constitutional Court was established with the aim of legislation under the Constitution does not conflict with the UUD 1945, the next purpose is to protect and ensure the constitutional rights of citizens contained in the UUD 1945 in order not to be violated by officials or state agencies. Departed from that purpose then the Constitutional Court is authorized to review the constitutionality of Tap MPR is considered contrary to the UUD 1945.]]>
