Jurnal Hukum Mahasiswa

EFEKTIVITAS SISTEM ONLINE SINGLE SUBMISSION RISK BASSED APROACH (OSS RBA) DALAM PENDAFTARAN NIB DI DINAS PENANAMAN MODAL DAN PELANAN TERPADU SATU PINTU PROVINSI BALI

2024-11-08T19:41:32+08:00

Complex bureaucracy and slow licensing processes hinder growth and investment in Indonesia. Although the government has introduced the OSS RBA policy to improve the licensing system, challenges remain, including limited understanding and technical difficulties, as well as inadequate IT infrastructure. This study identifies the need for education, training, technical assistance, and enhanced coordination between local governments and the OSS RBA platform administrators to address these issues. An empirical legal research method was used, with data collected through observation, interviews, and document studies. The findings are expected to provide insights into the effectiveness of OSS RBA in NIB registration at the DPMPTSP of Bali Province and the challenges faced in its implementation.

PERLINDUNGAN HUKUM TERHADAP KORBAN MODUS LOVE SCAM DALAM SITUS KENCAN ONLINE DI INDONESIA

2024-11-08T19:49:00+08:00

The phenomenon of globalization influencing the development of human civilization, along with the increasing role of the internet and social media in daily life, has led to new challenges such as the rise in love scam cases utilizing technology for criminal activities. The legal conditions in Indonesia, which currently lack specific regulations to address love scam crimes, underscore the need for in-depth research on legal protection for victims of love scams on online dating sites. This study formulates the research problems: 1) legal regulations concerning victims of love scam schemes in Indonesia, and 2) legal protection for victims of love scam schemes on online dating sites. The research employs a normative legal research method by adapting legislative and conceptual approaches, with legal material collection techniques using literature study methods involving prescriptive analysis. Legal regulation regarding perpetrators of love scams in Indonesia faces normative conflicts between Article 378 of the Criminal Code (KUHP) and Article 28 paragraph (1) of the Electronic Information and Transactions Law (UU ITE), leading to legal uncertainty. Law enforcement is challenged in determining which article is more appropriate for prosecuting love scam perpetrators. Therefore, it is necessary to protect victims through education efforts, physical and security protection, fair and transparent legal processes, protection from threats, post trauma recovery, assistance from relevant experts, and protection of victims' identities.

TINJAUAN YURIDIS PUTUSAN YANG BATAL DEMI HUKUM DIHADAPKAN DENGAN ASAS NE BIS IN IDEM (PUTUSAN NO. 612/PID.B/2023/PN DPS)

2024-11-08T19:52:48+08:00

An invalid verdict in favor of an indictment is a judge's ruling that an indictment made by a public prosecutor is less appropriate to file because it does not correspond to the scene and place where the indictment was filed. At this stage, legal counsel has the opportunity to raise objections related to absolute and relative authority in the relevant matter. In this judgment no. 612/Pid.B/2023/PN Dps his indictment was rejected by the court due to his relative authority. The disgrace in this study, namely (1) What factors are the factors of the annulment in favor of the law? (2) How can a judgment declared void by law be appealed if it is associated with the principle of Ne Bis In Idem? The study uses a normative juridical approach. The hokum materials used in this study are based on primary, secondary, and tertiary legal materials. There are two theories used in this study, namely the Theory of the Legal System and the Theory of Authority. In addition to these two theories, there are two principles used, namely the Principle of Legal Certainty and the Principle of Ne Bis In Idem.

URGENSI INFORMED CONSENT DALAM PENYELESAIAN SENGKETA MEDIS

2024-11-08T19:56:34+08:00

Informed consent in medical is a completeness, a necessity made by doctors before carrying out planned medical actions. The formulation of the problem in this study is how informed consent is regulated according to Indonesian law and why informed consent is important in medical dispute resolution. This research uses normative research methods with primary and secondary legal sources and uses statutory and conceptual approaches. The results showed that the regulation of informed consent according to Indonesian law is regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 290 / Menkes / Per / III / 2008 concerning Approval of Medical Actions and Law Number 17 of 2023 concerning Health. The position of informed consent in medical disputes functions doubly, namely from the doctor's side it is used as legal protection and a guarantee that the patient understands and agrees to the actions to be taken and from the patient's side as a manifestation of the right to self-determination which includes the right to obtain complete information about the benefits and risks of medical decisions taken.

PERAN INTELIJEN KEPOLISIAN DALAM PENGUNGKAPAN TINDAK PIDANA PEMBUNUHAN DIKEPOLISIAN RESOR KOTA DENPASAR

2024-11-08T20:03:40+08:00

Murder is the act of taking another person's life by breaking the law or not breaking the law. Murder is also a heinous act that takes the life of another person intentionally or unintentionally. The purpose of this research was to determine the role of intelligence in disclosing criminal acts of murder and the factors that influence the function of implementing intelligence in the Denpasar City Police Department. The research method used by the author is empirical legal research. The type of approach used is a sociological approach with data collection techniques using observation, interviews and documentation where after the data has been collected it will be analyzed using qualitative methods. The results of this research show that the role of police intelligence in disclosing criminal acts of murder in the Denpasar City Resort Police is really needed by the people of Denpasar City.

PERLINDUNGAN HUKUM TERHADAP PENDAMPINGAN ANAK SEBAGAI SAKSI KORBAN DALAM PERADILAN ANAK

2024-11-08T20:20:30+08:00

Legal protection efforts for children are very important to ensure that their rights are guaranteed and they do not experience additional trauma from the judicial process. Based on the conditions in several scientific work reports and in the case of decision Number 16/Pid. sus-Anak/2021/PN Dps, the author found that there was no mention of the role of assisting children as victim witnesses, which is certainly contrary to legal norms and regulations. The focus of the research problem is legal protection for assisting children as victim witnesses, as well as the process of protecting children as victim witnesses in assistance by related institutions. The research uses empirical legal research. The research results show that the role of related institutions in assisting children as victim witnesses, especially those carried out by UPTD PPA, shows that there is assistance for children as victim witnesses. However, legal protection for assisting children as victim witnesses has not been fully effective because law enforcers still ignore the role of assisting children as victim witnesses so that assistance is rarely provided in the juvenile justice process.

KEWENANGAN KEPOLISIAN DAERAH BALI DALAM PENANGANAN KASUS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH WARGA NEGARA ASING (WNA) TERHADAP WARGA LOKAL YANG VIRAL MELALUI MEDIA SOSIAL

2024-11-08T20:24:37+08:00

The authority of the police in handling cases of criminal acts of persecution committed by foreign nationals that go viral through social media is often a public discussion. The problem in this case is how the authority of the police in handling cases of criminal acts of persecution committed by foreign nationals that went viral on social media and the inhibiting factors in handling the case. This research was carried out in the jurisdiction of the South Kuta Police Chief. The type of research used is empirical law using legal system theory, law enforcement theory and authority theory. From the results of the research conducted in this case, the police often wait for complaints or reports first, because there are no reports or complaints that the perpetrators flee or hide, there is a lack of evidence obtained by the police. The police already have an online service to receive complaints from the public, making it easier for people to use their personal social media to participate in law enforcement in Indonesia.

PENGATURAN KEIMIGRASIAN TENTANG VISA DAN IZIN TINGGAL BAGI DIGITAL NOMAD DI BALI

2024-11-08T20:29:01+08:00

Digital nomads are developing rapidly in Bali, this rapid development has not been able to be monitored optimally and effectively. The large number of Digital nomad tourists who enter using only visit visas is considered to be very detrimental in terms of foreign exchange income for the country. Research into the arrangements for Digital nomad visas and residence permits in Bali must be carried out with the aim of discussing the lack of clarity in the regulations governing this matter. This research discusses the regulation of visas and residence permits for foreign citizens in Indonesia and the legal consequences of the lack of regulations related to their regulation. The results of this research are that many foreigner take advantage of this regulatory vacuum which causes misuse of visas and residence permits for foreigner in Indonesia.

PERLINDUNGAN HUKUM TERHADAP HASIL PRODUKSI USAHA MIKRO KECIL DAN MENENGAH MELALUI PENDAFTARAN HAK MEREK DI KABUPATEN GIANYAR

2024-11-08T20:33:01+08:00

The purpose of this research is to find out, understand how legal protection is for MSME products in Gianyar Regency and to find out what influences business actors not to register their trademarks. The research used in this research is a type of empirical legal research. The problem approach used by the author in writing this legal research is using the fact approach (The Fact Approach) and the Statute Approach. The fact approach is an approach whose implementation uses data collection techniques based on facts regarding real conditions or actual conditions that occur. in the field. Brand protection is provided when there is a brand violation committed by a party who does not have the rights to a brand. The factors that influence business actors not to register their trademarks are external and internal factors.

PERLINDUNGAN HUKUM TEHADAP LAHAN TERBUKA HIJAU YANG BERALIH FUNGSI AKIBAT PENERAPA SISTEM SINGLE SUBMISSION (OSS) DI DESA PERRENAN BADUNG

2024-11-08T20:36:22+08:00

Green open space is an elongated area/path and/or cluster, whose use is more open, where plants grow, both those that grow naturally and those that are deliberately planted. As regulated in Article 1 number 31 of Law Number 26 of 2007 concerning Spatial Planning (UUPR), however, in Pererenan Village, many green open areas such as rice fields have been converted into buildings due to the implementation of the online single submission system. From the background above, the author will discuss about regulation of the implementation of OSS system permits and legal protection for green open land that has changed its function in Pererenan Badung Village. This research uses empirical legal research methods with a sociological approach. The data used are primary data, secondary data, and tertiary data which were collected using document study techniques, interview techniques, and observation techniques which were then analyzed using qualitative data analysis and then the research results were presented descriptively. The results of this research are in the setting of permit implementation OSS and legal protection seen from 3 (three) elements of action, namely pre-emptive, preventive and repressive.

SISTEM PENGUPAHAN PEKERJA PADA PERUSAHAAN KONVEKSI PT WEDANATA INDUSTRI NUSANTARA DI KABUPATEN BADUNG BALI

2024-11-09T14:37:46+08:00

Obtaining a job and livelihood worthy of humanity is the right of every citizen which is a basic need for citizens. The employment relationship that has been established by workers and employers is created after an agreement between workers and employers, whether it is made in writing or unwritten, but the most important thing in the agreement will be stated by workers about their willingness to work for employers by receiving a number of wages. A systematic method and certain framework of thought aimed at studying and analyzing a legal phenomenon to then attempt a solution to the problems arising in the symptom in question. The wage system of the company PT Wedanata Industri Nusantara applies a wage system based on units of output and a monthly payment wage system, there are delays in paying workers' wages.

PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA ATAS PERJANJIAN HUTANG PIUTANG TERKAIT WANPRESTASI YANG DILAKUKAN OLEH KONSUMEN PADA UD BHUANA RAHAYU

2024-11-09T14:41:45+08:00

The debt and receivable agreement entered into by business actors and consumers at UD Bhuana Rahayu is a money lending and borrowing agreement. The contents of the agreement must be implemented by the parties, especially consumers, by returning the debt in accordance with Article 1754 of the Civil Code. Apart from that, this is done to fulfill consumer obligations and the rights of business actors. However, in reality there are consumers who do not pay their debts (default) which results in losses for business actors. So the procedures and mechanisms for resolving defaults are being questioned, as well as how legal protection can be provided to business actors. Through empirical legal research methodology, the answer was obtained that business actors use verbal/unwritten agreements in debt and receivable agreements. The solution can only be resolved through mediation. Therefore, the legal protection that can be provided is repressive legal protection through statutory regulations that have been regulated to prevent, and preventive legal protection through resolving litigation, namely district court lawsuits.

PENEGAKAN HUKUM TERHADAP PELANGGAR KENDARAAN SEPEDA MOTOR PEDAGANG RONGSOKAN BERMUATAN LEBIH DI JALAN WR SUPRATMAN DENPASAR

2024-11-09T21:17:36+08:00

Transportation is a form of movement carried out by humans or goods from one place to another by using a vehicle driven by humans themselves or machines. Many problems occur in the field of road and goods transportation. One case of violations in road transportation, namely overloaded vehicles, also known as ODOL (over dimension overload), still occurs frequently on a national scale. There are many articles that regulate traffic and road transportation in Law Number 22 of 2009. One of the articles that is in the spotlight in the background of this research problem is Article 307 concerning violations of overloading public transportation, which reads: Any person who drives a motorized vehicle who does not comply with the provisions regarding loading procedures, carrying capacity, vehicle dimensions as referred to in Article 169 paragraph (1) shall be punished with imprisonment for a maximum of 2 (two) months or a maximum fine of Rp500,000.00 (five hundred thousand rupiah).

EFEKTIVITAS PERANAN BPOM DALAM PENGAWASAN PEREDARAN KOSMETIK ILEGALDI KOTA DENPASAR

2024-11-09T21:24:27+08:00

The rampant circulation of illegal cosmetics certainly raises anxiety for the public and the cosmetics industry in Indonesia in general and in Denpasar City in particular, Anticipating this, the government has formed the Food and Drug Supervisory Agency (BPOM). BPOM has an important role in overseeing the circulation of illegal cosmetics as regulated in the Regulation of the Head of theFood and Drug Supervisory Agency, besides that BPOM was formed to detect,prevent and supervise products including to protect security and safety and publichealth. Based on the facts as described above, the author is interested in conducting a study on the effectiveness of the role of BPOM in monitoring thecirculation of illegal cosmetics in Denpasar City. The research method used by theauthor is empirical research method. BPOM in supervising the circulation of illegalcosmetics in Denpasar City has been running in accordance with applicable regulations and BPOM has effectively supervised the circulation of illegal cosmeticsin Denpasar even though in conducting BPOM supervision it also experiences various obstacles including law enforcement factors, facilities and infrastructurefactors, and community factors.

PERTANGGUNGJAWABAN WARGA NEGARA ASING (WNA) TERKAIT PENGGUNAAN KENDARAAN RENTAL YANG TERKENA TILANG ELEKTRONIK DI BADUNG (STUDI DI CV. BALI MUTIA RENTAL)

2024-11-09T21:27:55+08:00

ETLE is an electronic system of supervision and law enforcement for motorists in traffic. The application of Electronic Traffic Law Enforcement (ETLE) that occurs is very disadvantage to the community, especially rental business owners, where the violator is the renters of the vehicle, while the one who is obliged to pay or be responsible is the owner of the vehicle. Foreigners as renters should provide responsibility in the event of an electronic ticket violation. The research method used is empirical legal research, namely, where the law is conceptualised as real behaviour based on unwritten social symptoms. In this case, the researcher examines the renter and the vehicle rental business from a legal perspective, while data collection is carried out through observation, interview, and documentation techniques. The author concludes that foreigners as tenants have not been fully responsible for the rental party due to factors and the non-optimal implementation of ETLE.

PENERAPAN AWIG-AWIG DESA ADAT BLAHKIUH TERHADAP BHAYA LAN DUSTA DI DESA ADAT BLAHKIUH, KABUPATEN BADUNG

2024-11-09T21:31:52+08:00

Indigenous peoples are groups of people who have ancestral origins from generation to generation in certain geological areas and have their own system of values, ideology, economy, culture, politics, and territory. Based on Bali Provincial Regulation No. 4 of 2019 concerning Customary Villages in Bali where it is explained that customary villages themselves have the authority to regulate their own territorial autonomy. Thus, Traditional Villages in Bali have their own authority, and the rules of each customary village in Bali are certainly different according to the village, kala, patra which means place, time, identity/situation. The rules in each Traditional Village in Bali are called Awig awig. Awig-awig is a customary village rule made by indigenous people, Awig-awig contains basic rules related to customary territory, customary village customs, religion and sanctions. Blahkiuh Traditional Village has legal rules in the form of awig-awig of blahkiuh traditional village where in the awig-awig of blahkiuh traditional village contains the rules of indik bhaya and lie.

EFEKTIVITAS PEMBERIAN PRO BONO DI POS BANTUAN HUKUM PENGADILAN NEGERI DENPASAR Oleh

2024-11-09T21:36:28+08:00

The enactment of the Legal Aid Law is an effort to uphold the right of every Indonesian citizen to access justice and receive fair and impartial judicial treatment. The establishment of a Legal Aid Post (Posbakum) functions as a mechanism to ensure fair legal protection. Functioning as a key player in providing public legal services, Posbakum is committed to providing high-quality assistance and safeguarding the legal rights of all beneficiaries. Various scientific records have highlighted examples where Posbakum, particularly in certain regions in Indonesia, faced operational inefficiencies. This scenario extends to Posbakum which is affiliated with the Denpasar District Court. The main focus of This investigation revolved around examining the implementation and outreach efforts of the Denpasar District Court Posbakum, in addition to evaluating the efficacy of its legal aid provisions. Using qualitative methodology, this research is a field investigation that combines interview sessions and document analysis for data collection. The primary data source consists of insights derived from interviews, while additional information is gathered from relevant documentation and related sources. Data monitoring includes the process of condensation, presentation, and conclusive conclusions. This study concludes that the Denpasar District Court Posbakum operates quite effectively, although with room for further optimization in its functions. This situation is caused by persistent obstacles in the service delivery framework, originating from community dynamics, available resources, infrastructure constraints, cultural influences, and operational efficacy.

PERLINDUNGAN HUKUM BAGI PIHAK PEMBELI DALAM PERJANJIAN PENGIKATAN JUAL BELI TERHADAP OBJEK TANAH MASIH DALAM PROSES PEMECAHAN DI DENPASAR UTARA

2024-11-09T21:40:12+08:00

Often there are delays in making a sale and purchase deed due to problems with the land object in the process of being resolved. The problem that will be discussed is how the legal protection and legal force of the Sale and Purchase Agreement for the buyer of land objects is still in the process of being resolved in North Denpasar. This research aims to determine the legal protection and legal strength of the Sale and Purchase Agreement (PPJB) for buyers of land objects still in the process of being resolved in North Denpasar. The type of research used is empirical legal research. The results of the research show that legal protection for buyers in the PPJB for land objects is still in the process of being resolved, namely that the PPJB is made before a Notary and has very strong proof, like authentic deed proof. The legal force of the PPJB for buyers of land objects is still in the process of being resolved, namely that the PPJB is made before a Notary as authentic evidence that can guarantee if a dispute occurs.

PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL PADA INDUSTRI KONTEN DIGITAL

2024-11-09T21:43:33+08:00

Legal protection of intellectual property rights (IPR) in the digital era is important because of the increasing economic activity and innovation carried out online. The aim of this research is to understand the challenges and solutions in protecting IPR in the digital era and to evaluate the effectiveness of existing legal instruments. The method used is descriptive and qualitative analysis based on the latest literature and legal regulations related to IPR in the digital era. The research results show that the digital era poses new challenges in IPR protection such as copyright infringement, identity theft and content piracy. However, there have been efforts to address these challenges through regulations such as the Copyright Act and the WIPO Convention.

PENEGAKAN HUKUM TERHADAP PELANGGARAN PARKIR KENDARAAN DI TEMPAT UMUM DITINJAU DARI PERATURAN DAERAH NOMOR 13 TAHUN 2016 TENTANG PENYELENGGARAAN PERHUBUNGAN DI KOTA DENPASAR

2024-11-09T21:46:47+08:00

Fraudulent parking is an illegal or unofficial standing parking activity accompanied by unilateral recognition of the parking space. Therefore, the Denpasar City Government issued Regional Regulation Number 13 of 2016 concerning Transportation Management which regulates parking fraud. The problem formulation in this research is: 1) How is the law enforced against parking violations in Denpasar City based on Regional Regulations? And 2) What are the obstacles encountered in law enforcement against vehicle parking violations in Denpasar City? The type of research used is empirical legal research. Law enforcement is not yet optimal because there are still many obstacles from internal factors and external factors.

PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN KARTU KREDIT BAGI NASABAH BANK

2024-11-09T21:50:00+08:00

This study uses a normative legal research method. The main issues discussed focus on the Regulations Concerning Credit Card Misuse for bank customers, credit card misuse often has a significant impact on the victim, a customer experiences loss or theft of a credit card, usually they must immediately report to the bank to block the credit card and prevent further transactions, but the procedure does not always run smoothly, customers are faced with complicated bureaucracy and poor response from the bank. Sometimes customers have to come to the police station to make a report, although in many situations the report does not provide a direct solution to the losses they experience. In Law No. 10 of 1998 concerning amendments to Law No. 07 of 1992 concerning banking, Article 8 of the Law regulates the bank's obligation to provide clear information to customers but is explained in detail. The results of the study on legal protection against credit card misuse for bank customers, explicitly explained that the Banking Law does not directly explain about credit card users but is detailed in the circular letter of Article 28 of the Financial Services Authority Law which regulates credit cards to protect customers and the public by implementing prevention such as providing information and education to the public about the characteristics of the financial services sector, its services and products.

EFEKTIVITAS PERAN DESA LEMBONGAN DALAM PENANGANAN PELANGGARAN PEMBANGUNAN DI SEMPADAN PANTAI DENGAN DAMPAK PENCEMARAN LINGKUNGAN

2024-11-09T21:56:11+08:00

Lembongan Village, located in the coastal area of Nusa Penida District, Klungkung Regency, faces significant challenges in maintaining coastal environmental sustainability amid rapid tourism growth. This study focuses on the effectiveness of Lembongan Village's role in addressing coastal boundary violations that lead to environmental pollution. Using an empirical legal approach and analysis of local policies, this research evaluates the village's role in supervision, mediation, education, and law enforcement. The study's findings indicate that uncontrolled development, including the construction of villas, homestays, and restaurants, has significantly impacted marine ecosystem degradation and beach erosion. Despite efforts in law enforcement, the main challenges faced include a lack of community awareness, inconsistencies in law enforcement, and limited resources. This research recommends enhancing more comprehensive local regulations, sustainable environmental education, and collaboration between the village government and the community to create a more sustainable coastal environment. Thus, it is hoped that Lembongan Village can maintain environmental sustainability while supporting the welfare of the local community, which depends on coastal resources.

TINJAUAN YURIDIS RATIO DECIDENDI HAKIM DALAM MEMBERIKAN PIDANA MATI KEPADA PELAKU RUDAPAKSA (Studi Putusan Nomor 86/Pid.Sus/2022/PT Bdg)

2024-11-09T22:01:16+08:00

A crime that often occurs in Indonesia is rape or rudapaksa. One of the cases of rudapaksa was carried out by Herry Wirawan against 12 underage students as victims. Because of his actions, he was sentenced to death by the judge. This study uses normative methods with primary and secondary sources of legal materials, as well as legislative approaches and cases that are analyzed using analytical descriptive methods. The results of the study show that the legal basis for the regulation of the death penalty in Indonesia is regulated in positive law, including in the Criminal Code and outside the Criminal Code, as well as the Constitutional Court's decision that states that the death penalty is constitutional. Furthermore, the judge's ratio decidendi in imposing the death penalty against the perpetrator of rudapaksa in the Bandung High Court Decision Number: Number 86/Pid.Sus/2022/PT Bdg is based on juridical, philosophical, and sociological considerations, as well as the fact that the defendant's actions are not only unlawful, but also have a serious impact on the victim and society.

KEWENANGAN KEPOLISIAN DAERAH BALI DALAM PENANGANAN KASUS TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH WARGA NEGARA ASING (WNA) TERHADAP WARGA LOKAL YANG VIRAL MELALUI MEDIA SOSIAL

2024-11-09T22:04:57+08:00