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[PENJABARAN HAK TENAGA KERJA PEREMPUAN ATAS UPAH DAN WAKTU KERJA DALAM PERATURAN PERUSAHAAN DAN PERJANJIAN KERJA ]]>
<![CDATA[Diah Fitriani]]>
<![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.p17
<![CDATA[This study aims to identify and analyze the importance of normative Rights of workers, especially women workers. This study is an empirical law with a field study observation approach to the way to the destination research. data and data sources consist of primary legal materials, secondary law and tertiary legal materials were analyzed by using interviews with informants and respondents. Based on the Law of the Republic of Indonesia Number 13 of 2003 on Labour, the protection of women workers to ensure the basic rights of workers, and ensure equality of opportunity and treatment without discrimination on the basis of apaun for the welfare of women workers and their families with regard to the progress the business world, the rules made in the company regulations that sesusi with the legislation in force will have an impact on the welfare of workers and the development of the company, as well as the rights and obligations of the parties between workers and the company shall set forth in writing and in detail, in order to no problems in the future.]]>
<![CDATA[TINDAK PIDANA KESOPANAN DIBIDANG KESUSILAAN ( PERZINAHAN ) DALAM KUHP SERTA PADANANNYA DENGAN HUKUM PIDANA ADAT ]]>
<![CDATA[Ida Bagus Made Danu Krisnawan]]>
<![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.p08
<![CDATA[Adultery that in terms of customary criminal law known as drati karma a deviant act and violates decency offense under customary law. It is considered a serious offense and is a destructive act of moral and behavior that damages the harmony and balance, causing impure state (cuntaka). From the description that has been proposed, as for the formulation of the problem that arises in this paper is: "Does Crime Decency act in the field of ethics (Adultery) who had been sentenced to criminal sanctions in accordance with the Criminal Code may also be subject to criminal sanctions custom?" This type of research used in this research is the research journal of law by using the approach of normative aspect in this case means that the laws of science research using normative legal research. Normative legal research done through the inventory of positive law as a basic introduction before conducting research activities. The study results showed that the process of law enforcement by law enforcement officers in the enforcement of national legislation (the Criminal Code) and village that enforce local village who was born based on local wisdom each more attention and importance of concepts of justice. Legal certainty is applied based on the Law and the Constitution of the Pancasila. Law enforcement does not mean sanctions but tends to give priority to justice (Restorative Justice) so that the public at large can understand, be aware of and comply with applicable norms.]]>
<![CDATA[URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN ]]>
<![CDATA[Aditya Wisnu Mulyadi]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p13
<![CDATA[The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act]]>
<![CDATA[IMPLEMENTASI KETENTUAN RESTRUKTURISASI KREDIT TERHADAP DEBITUR WANPRESTASI PADA KREDIT PERBANKAN ]]>
<![CDATA[Putu Eka Trisna Dewi]]>
<![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.p04
<![CDATA[The high percentage of non-performance loan (NPL) may bring adverse impact to creditor (banks), the banking sector in general, and also to the economic and financial of the country. To overcome these conditions, Bank of Indonesia issued a policy regarding restructuring. Restructuring is an effort undertaken in the activities of credit to borrowers who have difficulty to meet its obligations. Banks engaged in lending has a restructuring program has been set on the credit policy of each bank, but still there are banks that ignore and do not do this loan restructuring seek in accordance with the procedure. This study is an empirical study that examines the juridical on the implementation of the rules concerning the restructuring of the debtor defaults on bank loans as well as obstacles in implementing the debt restructuring. This research is a descriptive research. Data sourced from primary data and secondary data. Data collection techniques used is literature study and interview techniques. Analysis conducted qualitative and descriptive analysis presented. Implementation of the provisions of the rescue loan restructuring and settlement of non-performing loans on bank credit has not been optimally applied to all borrowers who are having trouble paying even though they have the opportunity to carry out the payment. Inhibiting factors, among others, the rules concerning debt restructuring are scattered in various policy rules, regulations often change with a relatively large number of rules, the lack of a comprehensive understanding of this policy, an independent financial consultant is often overlooked involvement in debt restructuring, which is not good faith to implement agreement, the lack of information and initiatives in the debtor filed debt restructuring, customers who do not cooperative and giving false information about the source of income.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP REKAM MEDIS PASIEN DI RUMAH SAKIT ]]>
<![CDATA[Made Dwi Mariani]]>
<![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.p18
<![CDATA[Patient as consumers of health service have rights one of the rights is the state of the patients health is being concealed forever including medical data and medical records. Regarding to that, hospital as the health care provider obliged to provide legal protection to all kind of information in the medical record to the possibility of loss of information, data falsification or used by the undue. Based on that, the problem to be studied is: how is the medical record management in the hospital? And how is the medical record legal protection, which is given by the hospital? This study use normative legal research with statue approach. All of the legal resources based on library research and supported by primary and secondary legal material. Legal research analysis technique in this study use descriptive technique. The study result showed that the medical record management in the hospital have to based on health minister regulation 269/MENKES/PER/III/2008 about medical records. The management of medical record started from the time patient came to the hospital with record all action that given to the patient until all the treatment completed. The data and information on the medical record, hospital has an obligation of giving legal protection about the confidentiality based on Articles 10 health minister regulation 269/MENKES/PER/III/2008 with form of preventive and repressive protection.]]>
<![CDATA[KEWENANGAN OTORITAS JASA KEUANGAN MENGENAI PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP TINDAKAN TIPPEE YANG MELAKUKAN INSIDER TRADING DALAM PERDAGANGAN SAHAM ]]>
<![CDATA[Made Dwi Juliana]]>
<![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.p09
<![CDATA[One type of a criminal in the capital market is the practice of insider trading. Insider trading is an act that involves a group of insider in the capital market who deliberately exploit information that has not been released to investors with the advantages. In insider trading there are two actors such as party directly as an insider who works in the company or indirect as tippee party who obtain confidential information from an insider. Tippee is the party who receives confidential information from an insider either passively or actively against the law or not against the law for personal gain in the stock trading. This is very detrimental to the investors in the stock trading. Because of that if needs the protection for investors against the actions of the Tippee. This study discusses two (2) problem first about the subject matter of the action form Tippee in insider trading to the stock at Indonesia and the second about OJK authority on legal protection for investors in case of insider trading by the Tippee in capital market activities. This research is a normative law. The Method approach is the approach of legislation, conceptual approach and comparative approach. Legal materials used are primary and secondary legal materials. Mechanical collection of legal materials is through the study of literature that further uses analysis techniques that description techniques and interpretation. The results shows that this form of action Tippee can be done actively and passively. Actively to perform an unlawful act such as stealing information. In is not trying to fight the law, but to obtain inside information and legal safeguards for investors to act with regard to insider trading Tippee do give legal certainty through legislation and legal certainty by the OJK through law enforcement]]>
<![CDATA[PELAKSANAAN PERATURAN DAERAH PROVINSI BALI NO 5 TAHUN 2008 TENTANG PRAMUWISATA DI KABUPATEN BADUNG ]]>
<![CDATA[Ni Made Anggia Paramesthi Fajar]]>
<![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.p14
<![CDATA[Tour guide has an important role toward the tourism business in Bali, they take care the guests since they arrive until they depart from Bali. Therefore a tour guide should be able to give the best quality of service and also improve it if to provide better service in the future. In order to achieve the best quality of service, the government should create a rule which regulate how a tour guide can be a profession in order to provide a better quality of service to the guests who visit Bali. Bali Regional Rule no 5 year 2008 about Tour Guides is a kind of regulation established by Bali Government as a foundation for a Tour Guide in doing their profession. However, in fact there are so many irrelevant services given by a Tour Guide and it was not based on the regulation and it caused the problems in this thesis. Are there any factors that generate a specific license for a tour guide based on Bali Regional Rule no 5 year 2008 about Tour Guides could not be released? How is the application of punishment ofthose tour guides who did not obey the regulation based on Bali Regional Rule no 5 year 2008 about Tour Guides? This research used empiric approach which means that we are doing an approach by solving the problem that we face during the research. In relation with the regulations and law and also the law theories which relevant applied in this research e.g. theory of obeying the law, theory of authority and theory of product quality. In order to show the government’s authority to apply the law and how the regulation is able to guarantee the law and also to ensure that the government regulation can guarantee the tour guide quality to provide the best quality of services.]]>
<![CDATA[PRINSIP – PRINSIP PENGELOLAAN PEMANFAATAN TANAH WAKAF GUNA PENINGKATKAN KESEJAHTERAAN MASYARAKAT ]]>
<![CDATA[Suhirman .]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p05
<![CDATA[Donated land based on wakaf in Indonesia has agreat potential to help fulfill the needs in the field of religion and socio economy of the society, the donation of lands in general must be managed effectively and efficiently based on the purposes and functions under Islamic Law. Donations of land in Indonesia have been known and implemented by Muslims since Islam came to Indonesia. The wakaf donation as one of the Islamic institutions in Indonesia has supported the religious life of Islam in particular and the social life of Indonesian in general. Almost all buildings functioned for the social and religious interests such as worshipping places, educational complex, hospital, bording houses, or public facilities stand on land donated by wakaf . However, it is also realized that there arestill donated lands that have not been optimally managed. Donated in general and donated land based on wakaf in particular if managed professionally can give contributions to the community’s economy in order to develop public welfare. Wakaf donations actually have agreat potential to be managed and empowered and turned into business purposes in accordance with the economic productivity, not only functioned as a means for worshipping places.]]>
<![CDATA[HAK WARISAN DAN HUBUNGANNYA DENGAN DAHA TUA MENURUT HUKUM ADATA BALI ]]>
<![CDATA[Ni Ketut Sri Ratmini]]>
<![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.p19
<![CDATA[This study aims to answer the question of how the law of inheritance and relationship with daha tua under customary law Bali. After doing legal research by reviewing a number of normative rules of customary law relating to inheritance and the results were analyzed with the theory of the legal system, justice theory and feminist theory, then we can conclude the nature of inheritance under customary law Bali is the process of transfer of the assets, debts, obligations and the responsibility of the heir to the heir to consider whether the position as purusa or not as Purusa. This is in accordance with the kinship system adopted by indigenous people in Bali are patrilineal, where applicable three inheritance system that is individual, collective and mayorat. Daha tua in Bali inheritance under customary law is largely determined by its status as Purusa or not. Daha tua is purusa, if it does not have siblings (only child), where his right to inheritance is the same as a boy with the status of Purusa. If the status is not an daha tua purusa then heritage inadmissibility under customary law as contained in the Bali awig awig and Main Assembly decision Pakraman (MUDP) is the same as the young women who have not married, are only entitled to use the property in order to get rich from their parents as the soul of funds or property that are used to maintain its viability. Subsequent developments MUDP Assembly decided, a woman is entitled to receive half of the inheritance rights purusa after the third cut to inheritance and preservation of the interests of all the women were not converted and lawlessness on their parents. Inheritance received daha parents also depends on the role of the structure that has the authority to regulate the provision of such heritage Pakraman and Village Main Assembly. Furthermore, it is suggested to indigenous villages are advised to adopt decisions in the Great Assembly awig awig as stated in the decision Majelis Utama Desa Pakraman]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA ]]>
<![CDATA[Yosefina Daku]]>
<![CDATA[ Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 2 (2015) ]]>
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DOI: 10.24843/JMHU.2015.v04.i02.p10
<![CDATA[As the law states, Indonesia provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore the problem that can formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention]]>
