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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

Arjuna Subject : -

Articles 18 Documents

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Search results for , issue "Vol 4 No 4 (2015)" : 18 Documents clear

PENGATURAN CITY HOTEL BERKARAKTER CHAIN HOTEL SEBAGAI SALAH SATU BENTUK USAHA JASA PARIWISATA DI INDONESIA (STUDI KASUS DI BALI) Made Suksma Prijandhini Devi Salain
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Bali is one of the favorite tourism destinations in the world give benefits as well as loss for Indonesia and Bali particularly. As a tourism place, a lot of Hotels are established in Bali, especially the chain hotels, such as Aston, Ibis, Harris, Fave or Horrison Hotel. Existence of the chain hotels is causing unfair competition with the local hotels. They have different standards in competitive prices. Especially in Bali, there is no regulation that regulates the chain hotels. According to those conditions, it really need to conduct a normative research of the chain hotels regulations within international, national and local Balinese instruments.

KEWENANGAN PEMERINTAH DALAM PEMBENTUKAN PERATURAN KEBIJAKAN Ni Luh Gede Astariyani
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Shifting the notion countries formal law into state law meteriil (wefare staat) within the meaning of the welfare state agency or official Administrative often take a variety of specific policy measures, among others, creating what is commonly called policy rule(beleidsregel). Such products can not be separated from the association Freies ermessen. In order setting is a rule or rules of conduct set that regulation (Regeling) can be found in the legislation (Algemeen verbindende voorschriften) internal rules that apply to the (interne regelingen) and policy (beleidrege). Establishing the policy rule (beleidsregel) is located on the beoordelingsruimte (space considerations) given by the legislators to officials or governing bodies to take action on its own initiative public law that is setting, determination and positive action to resolve the problem- governance problems faced. Freis ermessen only intended use in the public interest. Freis ernessen implementation should be morally accountable to God Almighty, uphold the dignity and the degree of human dignity and the values ??of truth and justice, promoting unity and oneness, for the sake of joint / public interest. Tests on policy rule is more geared to doelmatigheid guided by the general principles of good governance

KEWENANGAN PEMERINTAH PROVINSI BALI DALAM PENYELENGGARAAN PENANAMAN MODAL BERDASARKAN UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL Anak Agung Ngurah Agung Satrya Diana
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Licensing is one of the fundamental problems in the administration of the licensing applicant investment in Indonesia . Licensing is one of the very important first step in starting a business activity which is a testament to the legality of an otherwise legitimate business activities or the permissibility of a person or legal entity to conduct business activities . With the enactment of Law No. 25 of 2007 on Investment has shown that the character of a paradigmatic shift in the organization of centralized to decentralized investment in Indonesia , with the authority given to the Government of Blood to organize affairs in the administration of Investment mandatory . Especially with the issuance of Presidential Decree No. 27 Year 2009 on One Stop Services in the Field of Investment , is expected to provide legal certainty to investors who want to invest in an area designated by the legislation in force . The Province of Bali has established Investment and Licensing Agency Bali Province as Provincial Tool to Investment ( PDPPM ) , which has been granted delegation of authority from the Governor of Bali to host Investment in accordance with the authority granted by the laws and existing undnagan . However, there are shortcomings in the regulation of the Governor of Bali Delegation Authority in the Field Licensing and Nonperizinan To the Head of Investment and Licensing province of Bali , which does not include the authority to issue permissions to Investment based on legislation in the field of investment , so that in case PDPPM this as an institution in Bali province can not provide legal certainty associated with the licensing application filed by investors in doing business in Bali Province in accordance with the issuance authority.

IMPLEMENTASI NILAI-NILAI AGAMA HINDU TERHADAP PENYELESAIAN TINDAK PIDANA ADAT DI BALI Putu Rizky Sitraputra
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Research on the implementation of the values ??of Hinduism to the completion of customary criminal acts in Bali. Most of the population adheres to Balinese Hinduism, daily activities always adhered to the concept of Tri Hita Karana, which in turn is continuously executed. Human relationships with others based on the nature of mind that is communal or kinship based pleh soul. To set the level of a good life together customs regulations grow and develop with imbued the values ??of Hinduism. Customary rules and formulate actions that are required, allowed or prohibited as village members must perform the obligations to the village, prohibition for people who are dirty entering the sacred area. Incestuous copulation cases which occurred in Bali only charged criminal under national law alone. Actually, should also be reviewed from the local community sector appropriate sanctions in order to satisfy the sense of justice. The values ??of Hinduism derived from Hindu law aims to balance the natural result of gross misconduct perpetrator intercourse, judicial practice provides an opportunity for the judge to impose sanctions customary in accordance with Law number 48 of 2009, which states the court in addition must contain reasons and grounds of this decision, as well must contain a specific article of the source of unwritten law that formed the basis for the judge. Hindu religious values ??in the practice of judicial consideration by the judge and the efforts made in the traditional village of indigenous criminal offense .. The method used is empirical research methods to conduct field research in which cases occur. The procedure for sampling used is purposive sampling. The data is processed and analyzed qualitatively. The results showed that the judicial practice in cases of promiscuity in state court Amlapura not consider matters relating to the values ??of Hinduism. Efforts made in the traditional village settlement gamia gamana customs offense is to apply awig awig traditional village or Paruman each indigenous villages.

PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN) Kadek Agus Sudiarawan
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting factors in the application of the TUPE principles in the outsourcing companies after the Decision of Constitutional Court were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

PENYELESAIAN WICARA MELALUI PERADILAN OLEH MAJELIS UTAMA DESA PAKRAMAN (MUDP) PROVINSI BALI I Made Somya Putra
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

This study aim to describe and analyze in debt about the basic authority in resolving Main Assembly of Pakraman Village or Majelis Utama Desa Pakraman (MUDP) Bali Province speech by justice and how to talk through the judicial settlement process by MUDP Bali Province. This research used normative legal research based legal document research and library research. The conclusion in this study, that authority obtained MUDP Bali to finish the speech obtained a mandate by Council Decision No. 050 Main Pakraman / Kep / Psm-1 / MDP Bali / III / 2006 concerning the results of the Great Pasamuhan I MDP Bali and Completion of speech through the courts by MUDP Bali has been arranged by the Decision of the MDP Bali Number: 002 / Skep / MDP Bali / IX / 2011 on the Implementation Guidelines and Technical Guidelines Speech by Assembly Resolution Pakraman (MDP) Bali as a form of autonomy that is owned by Pakraman.

PENGATURAN PENGANGKATAN SEKRETARIS DAERAH UNTUK MEWUJUDKAN NETRALITAS PEGAWAI NEGERI SIPIL DAERAH I Gede Pranajaya
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Governance and development efforts to implement national and local levels can run smoothly largely depends on the perfection of the State apparatus, which in its function must be professional and neutral character of the influence of all groups and political parties, and does not discriminate in providing services to the community in order to realize the welfare of society. To realize the neutrality of the State Apparatus, the central government is trying to give a neutral space of the apparatus of government both at central and local levels, however, the reality is often found to realize it is not easy. Various allegations of lack of neutrality of State Apparatus including regional secretary still often expressed by the public, especially during the General Election of Regional Head and Deputy Head of the candidates came from previously elected regional head (incumbent). It is not separated from the vagueness of the norm (vogue norm), associated with the filling of the post of secretary of the province are included in the Position Leader High as stipulated in Article 19 paragraph (3) of Law No. 5 of 2014 on the Reform of Civil State, stating for High leadership positions defined competency requirements, qualifications, rank, education and training, track record position and integrity, as well as other necessary requirements. The above provisions are not clear in stating the requirements that must be met by candidates for secretary of the province to ensure neutrality. This study is a normative law research that examines the ingredients literature that primary legal materials and secondary law. This study uses the approach of legislation and approach the concept. In the data collection is done by steps searches theories, concepts, principles, and an inventory of rule of law relating to the research problem. The conclusion relating to the cases in this study, namely charging Position Leader Higher done in an open and competitive among Civil Servants by taking into account the requirements of competence, qualifications, rank, education and training, track record positions, and intergitas and other requirements needed in accordance with the legislation reflects to realize the secretaries of provincial officials were neutral.

PLURALISME HUKUM DALAM PERBUATAN HUKUM PENGANGKATAN ANAK DI BALI I Gusti Agung Ayu Sukma Sanjiwani
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Children have an important significance in the family. Adoption means taking the responsibility of other people's children from their biological parents in legal way therefore the children have the same status in the family. In Balinese Custom’s law, Peperasan ceremony is an absolute requirement for adoption process. Based on Government Regulation No. 54 Year 2007 about Adoption on Article 8 Adoption customary local habits; and Adoption by the legislation. Adoption not only solved the national law but also the religious affair. Starting from these ideas, pluralism of law in the adoption of legal acts in Bali interesting to examine.

KEWENANGAN MENGUJI KONSTITUSIONALITAS PERATURAN DAERAH TERHADAP UUD 1945 Indah Permatasari
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

The local government is given authority by the constitution to establish local regulations. Problems are arise when there are local regulation that not compatible with the constitution. The next question that arises is who is authorized to examine local regulations that not compatible with the constitution. In contrary with those considerations, the substantial problems are formulated into two, regulations about examine local regulations with the constitution and who is authorized to examine local regulations with the constitution. This legal research is normative legal research. This research used the statute approach and conceptual approach. Legal materials analysis techniques that are used in this research are description and interpretation techniques. There is no regulation about examine local regulations with the constitution. The way that can be done to examine local regulations with the constitution is lodge a judicial review to the Supreme Court and than lodge a constitutional review to the Constitutional Court. The other way to do is through a constitutional complaint, but this mechanism is not owned by the Constitutional Court. The establishment of examine local regulations with the constitution is important to provide legal certainty and the protection of constitutional rights to the citizens.

PARIWISATA SEKSUAL ANAK : UPAYA PERLINDUNGAN ANAK BERKAITAN DENGAN SEX CHILD TOURISM Izzah Amila Faisal
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 4 No 4 (2015)
Publisher : University of Udayana

Tourism is the one of the main revenue in Indonesia. A large of number tourists comes to Indonesia every day with the different country, culture and aim. Base on our international visitor that come from different country, they bring together with their culture when visit Indonesia. Therefore tourism has the positive and negative impact for our culture. As Indo people we have to keep save our basic identity from the acculturation. But in other hand tourism have some negative effect. Child Sex tourism is the issue of this paper and become one of the phenomena that occur in Indonesian tourism. Even though Indonesia have the national and international regulation that protect child from sex exploitation, but in the real life still find the same issue regarding child sex tourism. The purpose of this research is to find and identify the factor that be the main cause of child sex tourism to be able to conclude the efforts of legal protection rights of children and also against sex child tourism practice and protect the from any kind of sexual crime practice. As we know that the children are our future generation that must be protected all of their rights. Law enforcement officers together with the government need more improvement efforts to against sexual crime practice specialy that happen with the children in Indonesia.

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