Jurnal Hukum Mahasiswa https://e-journal.unmas.ac.id/index.php/jhm <p>JURNAL HUKUM MAHASISWA merupakan Jurnal Ilmiah bagi sarana publikasi dosen dan mahasiswa yang diterbitkan oleh Program Studi Ilmu Hukum FH Unmas Denpasar melalui Unit Publikasi Fakultas Hukum Universitas Mahasaraswati Denpasar. Artikel hukum yang dipublikasikan pada Jurnal ini merupakan hasil karya ilmiah mahasiswa dan dosen yang telah memenuhi Author Guidelines (panduan Penulisan bagi Penulis) yang telah ditentukan oleh Jurnal Hukum Mahasiswa. Semua artikel yang dikirimkan oleh penulis dan dipublikasikan dalam jurnal ini ditelaah melalui peer review process. Ruang lingkup jurnal ini mencakup topik-topik yang berkaitan dengan Ilmu Hukum dalam segala aspek, serta artikel ilmiah yang berhubungan dengan Hukum Perdata, Hukum Indonesia, Hukum Bisnis, Hukum Tata Negara, Hukum Pidana, Hukum Administrasi, Hukum Internasional, Filsafat Hukum, dan Hak Asasi Manusia. Jurnal Hukum Mahasiswa ini adalah jurnal berbasis <em>Open Access Journal (OJS),</em>&nbsp;yang diterbitkan secara berkala 2 kali dalam setahun, yakni Periode April dan Oktober.</p> en-US [email protected] (Lis Julianti) Fri, 26 Apr 2024 16:35:37 +0800 OJS 3.3.0.10 http://blogs.law.harvard.edu/tech/rss 60 PERANAN KERTA DESA DALAM PENYELESAIAN SENGKETA PERCERAIAN DI DESA ADAT GULINGAN KAB BADUNG https://e-journal.unmas.ac.id/index.php/jhm/article/view/8923 <p><em>This research explores the role of Kerta Desa (Village Council) in resolving divorce cases in Gulingan Customary Village, Bali. It provides insights into the role of Kerta Desa in resolving divorce cases in Bali, highlighting the implementation of customary law and social dynamics in the context of family law. The issues addressed in this research are the roles of Kerta Desa in resolving divorce disputes in Gulingan Customary Village, Badung Regency, as well as the challenges faced by Kerta Desa in resolving divorce disputes in Gulingan Customary Village, Badung Regency. The methodology employed in this research is empirical legal research. The conclusion drawn from this research is that Gulingan Customary Village applies customary law based on the concept of Tri Hita Karana, where divorce resolution also involves the Klian Adat (Customary Leaders) in each Banjar Adat (Customary Neighborhood), who engage in mediation, negotiation, and conciliation. Divorce rulings are based on the principle of joint ownership (druwenang sareng-sareng) for property, child custody, and post-divorce obligations. In resolving divorce disputes, Kerta Desa Adat Gulingan faces internal challenges related to the mechanisms and procedures for handling customary cases. The village does not yet have specific regulations for divorce, prioritizing peace based on the principle of druwenang sareng-sareng.</em></p> <p>&nbsp;</p> Ni Putu Nita Yulianti, I Wayan Wahyu Wira Udytama Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8923 Fri, 26 Apr 2024 00:00:00 +0800 EFEKTIFITAS TILANG ELEKTRONIK (E-TILANG) BAGI PELANGGAR BERKENDARAAN BERMOTOR DI WILAYAH HUKUM POLDA BALI https://e-journal.unmas.ac.id/index.php/jhm/article/view/8924 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The application of E-Tilang is an effective option in implementing tickets for traffic violators so that it can be a solution when enforcement takes place. This research aims to determine the effectiveness of the implementation of e-ticketing as well as the supporting factors and obstacles in implementing e-ticketing in the jurisdiction of the Bali Regional Police. The type of research used is empirical legal research and uses data analysis methods, namely qualitative analysis. Based on the research results, the effectiveness of e-ticket implementation in society can be studied through the theory of law enforcement effectiveness. The supporting factors in implementing E-Tilang include the connectivity of the E-Tilang system which is able to connect with other systems or internet providers so that many traffic violations are detected. Meanwhile, the obstacle factors are the lack of facilities and equipment as well as law enforcement factors.</p> </div> </div> </div> I Made Krisna Juliana, I Gusti Bagus Hengki Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8924 Fri, 26 Apr 2024 00:00:00 +0800 PENCAIRAN DANA DEPOSITO OLEH AHLI WARIS WARGA NEGARA ASING TANPA SURAT WASIAT, STUDI KASUS PADA PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 1103/PDT.G/ PN DPS MENGENAI PENENTUAN AHLI WARIS https://e-journal.unmas.ac.id/index.php/jhm/article/view/8925 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Deposits are a type of savings that can only be withdrawn at a specified time based on an agreement between the customer and the bank. In one of the BPR banks, for foreign national customers (WNA), there are requirements for the withdrawal of time deposits that must be met in accordance with the bank's regulations. One of them is the submission of a certificate of heirs certified by a notary from the customer's home country, which is then translated by a certified translation agency. Alternatively, WNA customers can use a will made with the customer's lawyer and certified by a notary in their home country. It is noted that the law in the customer's home country, such as in England, does not recognize documents such as a certificate of heirs or a will. The research method used by the author is normative legal research. The types of approaches used are statutory and conceptual approaches with data collection techniques using library studies, where after the legal materials are collected, analysis will be carried out using qualitative methods.</p> </div> </div> </div> Iluh Dwi Lapriasih, Anak Agung Adi Lestari Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8925 Fri, 26 Apr 2024 00:00:00 +0800 MAKNA JAMINAN TANAH DALAM PERJANJIAN KREDIT TANPA AKTA PEMBERIAN HAK TANGGUNGAN PADA LPD DESA ADAT KEPAON https://e-journal.unmas.ac.id/index.php/jhm/article/view/8926 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>LPD is a financial institution owned by indigenous villages that runs a savings and loan business. Credit, of course, needs a guarantee. One of the collaterals used in granting credit is land. The use of land as collateral must be tied to APHT. In LPD Kepaon, not all loans guaranteed by land certificates are tied to APHT. The purpose of this study is to determine the function of guarantees in providing credit by LPD Desa Adat Kepaon and to determine the position of land guarantees in credit agreements without APHT at LPD Desa Adat Kepaon. The research method used by the author is empirical legal research. The results of this study show that the function The guarantee in providing credit by LPD Desa Adat Kepaon is to guarantee the repayment of debtors if the debtor defaults, with the guarantee will reduce the risk of loss for LPD, related to the position of land as collateral in a credit agreement without APHT by LPD Desa Adat Kepaon is that the object of guarantee for the land cannot be registered as an object of guarantee of dependent rights, by not being registered, the right of liability for the land never existed so that the land used as collateral in the provision of credit by the LPD of Kepaon Traditional Village was only positioned as ordinary material security which if in the future a default occurred would result in the LPD of Kepaon Traditional Village not having the right to carry out direct execution of the guarantee.</p> </div> </div> </div> Putu Widhia Laksmi Dewi, I Gusti Ngurah Anom Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8926 Fri, 26 Apr 2024 00:00:00 +0800 PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI KONTRAK DAN BISNIS ELEKTRONIK https://e-journal.unmas.ac.id/index.php/jhm/article/view/8928 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Trade through high technology such as E-commerce has fundamentally changed traditional trading systems and conventional business paradigms in shaping interactions between producers and consumers in the digital world. The purpose of this research is to understand efforts to protect customers from potential losses in these transactions. This research method uses a normative approach by analyzing literature and secondary data to discuss consumer legal protection in the context of E-commerce. Law Number 19 of 2016 concerning Electronic Information and Transactions (UU ITE) is seen as one solution to provide protection to consumers.</p> </div> </div> </div> Luh Gede Putri Kanaya Armaswari, Made Emy Andayani Citra Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8928 Fri, 26 Apr 2024 00:00:00 +0800 PERAN DINAS LINGKUNGAN HIDUP KABUPATEN KARANGASEM DALAM PENGENDALIAN PENCEMARAN LINGKUNGAN SEBAGAI AKIBAT KEGIATAN PETERNAKAN AYAM DI DESA PESEDAHAN, KECAMATAN MANGGIS, KABUPATEN KARANGASEM, BALI https://e-journal.unmas.ac.id/index.php/jhm/article/view/8929 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>This research uses a type of empirical legal research, with a factual and sociological legal approach. Data was collected using interview and observation techniques. The results of the research can be stated that: 1) the role of the Karangasem Regency Environmental Service includes prevention through guidance, supervision, providing education and training to the community, as well as mitigation and recovery actions in collaboration with all levels of society. 2) Supporting factors for the role of the Environmental Service from the external side, namely increasing public demands and awareness regarding environmental health, internal factors, namely support from regional and central governments in improving environmental health. While the inhibiting factor from the external side is the lack of awareness of livestock owners and the public regarding environmental health, from the internal side is the lack of Environmental Service employees to go to the field to take action and monitor environmental pollution that occurs.</p> </div> </div> </div> Sayu Putri Suryaningsih, Kadek Apriliani Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8929 Fri, 26 Apr 2024 00:00:00 +0800 PENERAPAN PERATURAN DAERAH KABUPATEN BADUNG NOMOR 3 TAHUN 1992 TERKAIT DENGAN LARANGAN MENDIRIKAN BANGUNAN PAAD DAERAH JALUR HIJAU DI DESA CANGGU https://e-journal.unmas.ac.id/index.php/jhm/article/view/8930 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The unauthorized construction in the green belt of Canggu Village, particularly along Padang Lenjong Subak Liplip Street, violates Article 3 of the 1992 regulation prohibiting the establishment of illegal structures in green belt areas. This study aims to evaluate the enforcement of Regulation No. 3 of 1992 regarding this prohibition in Canggu Village and identify challenges in its implementation. Despite rapid tourism sector growth in the region, there are negative impacts, such as the reduction of Green Open Space (Ruang Terbuka Hijau or RTH) in Badung Regency. Regulations pertaining to green belts in Badung Regency are governed by Regional Regulation No. 3 of 1992. This article employs an empirical method with a legislative and factual approach to analyze the implementation of these regulations. It is hoped that the Badung Regency government will take decisive actions to enforce green belt rules and maintain a balance between tourism development and environmental preservation.</p> </div> </div> </div> Ni Kade Bunga Dwaranika, Ni Luh Gede Yogi Arthani Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8930 Fri, 26 Apr 2024 00:00:00 +0800 IMPLEMENTASI PEMBERIAN REHABILITASI TERHADAP PECANDU NARKOTIKA DI BNN KOTA DENPASAR https://e-journal.unmas.ac.id/index.php/jhm/article/view/8932 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The State of Indonesia is a state of law, this can be seen from article 1paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that "The State of Indonesia is a state of law. Where the state of law is defined simply is a state whose administration of government power is based on law. Along with the times, someone at first lay with narcotics turned into an addict who was difficult to escape his dependence, drug addicts suffered from dependency syndrome as a result of self-inflicted drug abuse. Rehabilitation of drug addicts is a treatment process to free drug addicts is a form of social protection that integrates drug addicts into social order so that he no longer abuses drugs. Based on the law, there are at least two types of rehabilitation, namely medical rehabilitation and social rehabilitation</p> <p>The main problem that will be examined is how the implementation of the law on providing rehabilitation for drug users by BNN Denpasar City then what are the factors that hinder BNN in providing rehabilitation for drug users in Denpasar City. Judging from its type, this research is a sociological research, namely by conducting a survey by going directly to the field that is pleased with the problem to be studied, namely at BNN Denpasar City</p> <p>Based on the results of the author's research, the services provided by BNN Denpasar City are still not optimal for drug abuse and addicts. Due to limited funds provided by the government for BNN Denpasar City. But even though the funds provided by the government have been decided to carry out rehab in hospitals, BNN Denpasar City can still provide rehabilitation services by providing an examination, diagnosis, treatment and treatment and treatment for drug abuse and addicts. The obstacle faced is the uncooperation of patients with BNN Denpasar City by reusing narcotics and lying while in rehab. Here the role of family is also important in the rehab process.</p> </div> </div> </div> Sang Putu Aditya Rusdiawan, Putu Sekarwangi Saraswati Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8932 Fri, 26 Apr 2024 00:00:00 +0800 PERTANGGUNGJAWABAN PEMILIK USAHA TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PEMASANGAN EYELASH EXTENTION DI BY YUKA EYELASH https://e-journal.unmas.ac.id/index.php/jhm/article/view/8934 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Being beautiful is the desire of all women, having eyelash extensions can make it</p> <p>easier for women to shorten time when they are in a hurry, without having to use cosmetics to beautify and beautify their eyes so they become more confident. The large amount of interest in opening this business has made eyelash extension business actors compete fiercely to attract consumers, such as providing discount prices and providing friendly service. However, the use of eyelash extensions causes side effects so that consumers feel disadvantaged. This study was carried out to determine the position of the agreement regarding the installation of eyelash extensions at By Yuka Eyelash and legal protection for consumers as well as the liability of the salon. This research uses empirical research methods with a factual and sociological approach. Based on the results of this research, By Yuka Eyelash provides responsibility for losses experienced by consumers due to the installation of eyelash extensions in the form of re-installation, providing a guarantee, providing compensation in the form of a refund.</p> </div> </div> </div> Ayu Nanda Putri Weda, Ni Komang Ratih Kumala Dewi Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8934 Fri, 26 Apr 2024 00:00:00 +0800 TINJAUAN YURIDIS UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERHADAP TINDAKAN WANPRESTASI PELAKU USAHA https://e-journal.unmas.ac.id/index.php/jhm/article/view/8937 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The purpose and context of analyzing the legal aspects of consumer protection based on Law Number 8 of 1999 concerning Consumer Protection (UU No. 8/1999). This thesis suggests paying attention to the acts of default by business actors, which is an important aspect in the context of consumer protection. This juridical review will cover various aspects related to business actors' acts of default, including definitions, conditions that trigger acts of default, and their impact on consumers. This thesis will analyze how Law no. 8/1999 strengthens consumer rights in overcoming acts of business actor default, as well as how these provisions can be applied in legal practice.</p> </div> </div> </div> Ni Kadek Sindhu Asri, I Made Kariyasa Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8937 Fri, 26 Apr 2024 00:00:00 +0800 PENEGAKAN HUKUM BAGI CALON SATUAN PENGAMANAN TERKAIT SERTIFIKASI GADA PRATAMA DI PT. GLOBAL MUKTI MULYA ABADI https://e-journal.unmas.ac.id/index.php/jhm/article/view/8942 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Security is a very substantial need for humans, both individually and in groups. Every day the media and news report acts of violence that threaten physical or psychological safety, so that humans place security as their basic need. Therefore, the author raises two problem formulations on how to legally regulate the obligation to have a Gada Pratama certificate for security unit candidates at PT. Global Mukti Mulya Abadi? What are the factors that influence law enforcement against prospective security guards? Research Method The research used in this research is sociological or empirical legal research, which is a study that views law as reality, including social reality, cultural reality and so on. Conclusion Legal Regulations Must Have a Gada Pratama Certificate for Security Unit Candidates at PT. Global Mukti Mulya Abadi is regulated in accordance with statutory regulations in Indonesia regulated in Article 3 paragraph 1 letter c of Law Number 2 of 2002 concerning Police as well as in the Republic of Indonesia State Police Regulation (hereinafter referred to as Perpol) Number 4 of 2020 concerning Security Swakarsa or Pam swakarsa. Factors that influence law enforcement against security guard candidates, namely the basic education policy (Diksar) in improving security unit skills is dominated by organization, in the implementation of basic education there are details of all training activities that must be carried out to achieve the objectives of basic security guard training and the procurement and development of a mechanism to coordinate the basic training of security guard members into an integrated and harmonious unit</p> </div> </div> </div> Ni Made Novi Indriyani, Putu Lantika Oka Permadhi Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8942 Fri, 26 Apr 2024 00:00:00 +0800 TINJAUAN YURIDIS DARI AKTA OTENTIK YANG DIBUAT OLEH NOTARIS YANG DALAM MASA PENAHANAN https://e-journal.unmas.ac.id/index.php/jhm/article/view/8943 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Notary is a public official who is authorized to make authentic deeds, as stated in Article 1868 BW that stated in Article 1868 BW. Law of the Republic of Indonesia Number 2 Year 2014 concerning the amendment to Law Number 30 of 2004 concerning the Office of Notary, specifically Article 9 paragraph (1) letter e states that the Notary is temporarily dismissed from his/her position because of the from his/her position because she/he is in detention. Meanwhile, in Article 9 paragraph 2, the Notary is given the opportunity to defend himself before the Supervisory Panel in stages, temporary dismissal of Notary as referred to in paragraph (2) is carried out by the Minister on the proposal of the Central Supervisory Council (Article 9 paragraph (3)). The meaning of the statement in Article 9 paragraphs (2) and (3) of the Notary Public Office Act contains several interpretations that the temporary dismissal will be carried out if the Supervisory Council has proposed to the minister, and during the period of self-defense and decision from the minister, the notary can still exercise his authority in accordance with Article 15 of the Law of Notary Position. This research uses normative legal studies. The conclusion can be drawn the authority of a notary who is in detention in exercising his authority to make an authentic deed is authorized if the Minister's decree on temporary dismissal has not been issued and is not authorized after the issuance of the Minister's decree on temporary dismissal. The legal effect of the deed is the authentic deed still has perfect evidentiary power if the ministerial decree on temporary dismissal has not been issued and it is not relegated to a deed under the hand.</p> </div> </div> </div> Ni Wayan Yunika Duarta, Ni Komang Sutrisni Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8943 Fri, 26 Apr 2024 00:00:00 +0800 IMPLEMENTASI WANPRESTASI TERHADAP PERJANJIAN KREDIT MACET DI KOPERASI CATUR MEGA SEDANA https://e-journal.unmas.ac.id/index.php/jhm/article/view/8944 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>A cooperative is a legal entity established by individuals or other cooperatives that provides savings and loan services to the public. Currently, credit unions for savings and loans are becoming increasingly popular among credit seekers. In the case of the Catur Mega Sedang Cooperative, a breach of contract occurred when a debtor defaulted on their obligations, failing to fulfill their promised repayment duties. The issue faced by the Catur Mega Sedana Cooperative stemmed from the debtor’ s negligence in fulfilling their loan repayment obligations. The research employed an empirical legal research method, utilizing theories of Legal Systems, Contract, and the Functions of Law. The study demonstrates that although credit provision and regulation are effectively implemented in accordance with relevant laws and regulations, insufficient diligence in financial analysis or the application of the 5C principles in credit provision by the LPD led to non-performing loans. The Catur Mega Sedana Cooperative resolves these non-performing loan disputes through non- litigious means.</p> </div> </div> </div> Ida Bagus Cahya Rama Putra, Anak Agung Kt Sudiana Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8944 Fri, 26 Apr 2024 00:00:00 +0800 KAJIAN YURIDIS UNDANG-UNDANG REPUBLIK Indonesia NOMOR 36 TAHUN 2008 TENTANG PAJAK PENGHASILAN (PPH) TERKAIT PEMBUKTIAN PEMBAYARAN PAJAK ENDORSEMENT INFLUENCER TIKTOK https://e-journal.unmas.ac.id/index.php/jhm/article/view/8945 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Tax is a very important income for the balance of state revenue. This research aims to discuss the tax system applied to Influencer TikTok, especially in the endorse activity business. This research uses an analytical descriptive method by collecting several sources of literacy and discussing them in paragraph form. Taxes in Indonesia itself are increasingly developing where the system follows the development of online technology. Social media these days is starting to become a business field for influencers or celebrities. Endorse activities are a way for them to earn income. Thus, the income tax system allows them to pay taxes. self- assessment can be a way to pay taxes independently that makes it easier for them. In Indonesia, if taxpayer do not pay, they will be subject to criminal law and fines. Of course, the job of a celebrity in Indonesia is a job that provides a large income that must be taxed. In fact, there are still many influencers, who are not tax compliant due to a lack of education on income tax.</p> </div> </div> </div> Ni Putu Mahadewi Niken Ayu Wardani, Ni Putu Noni Suharyanti Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8945 Fri, 26 Apr 2024 00:00:00 +0800 PENEGAKAN HUKUM TERHADAP PENINGKATAN KASUS PROSTITUSI ONLINE DI WILAYAH HUKUM POLDA BALI https://e-journal.unmas.ac.id/index.php/jhm/article/view/8946 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Prostitution or online prostitution is the practice of prostitution which uses the internet network or social media as a means of liaison or means of communication for pimps, sex workers and their users. This research aims to find out and explore how online prostitution cases are increasing in the jurisdiction of the Bali Regional Police. This paper uses empirical research methods using a sociological juridical approach. The results of this research show that perpetrators of online prostitution can be punished under Article 296 and Article 506 of the Criminal Code, The efforts made by the Bali Regional Police in the process of taking action against perpetrators of prostitution are preventive efforts, namely by providing education about the dangers of online prostitution and repressive efforts in the form of arresting pimps to receive punishment in accordance with existing laws and regulations.</p> </div> </div> </div> Paulus Erastus Hesron, I Nengah Susrama Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8946 Fri, 26 Apr 2024 00:00:00 +0800 TINJAUAN YURIDIS UNDANG UNDANG NOMOR 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA TERHADAP LESBIAN,GAY, BISEKSUAL DAN TRANSGENDER (LGBT) DI INDONESIA https://e-journal.unmas.ac.id/index.php/jhm/article/view/8947 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The phenomenon of deviating from sexual orientation or the lifestyle of modern society which is familiar with the concepts of Lesbian, Gay, Bisexual, Transgender, hereinafter referred to as LGBT) in Indonesia itself, LGBT has become a big issue in recent years. The issue raised is how to regulate Lesbian, Gay, Bisexual and Transgender (LGBT) in Law No. 39 concerning human rights for Lesbian, Gay, Bisexual and Transgender (LGBT) and how Lesbian, Gay, Bisexual and Transgender (LGBT) exist. Viewed from a human rights perspective. The type of research used is a normative juridical research method by examining laws and regulations with the problem being studied. The results of the discussion explained that the law in Indonesia clearly does not condone LGBT, let alone deviations in behavior or ideology as legal reasons why LGBT should be rejected.</p> </div> </div> </div> A.A. Ayu Nanda Wira Purnami, I Wayan Gde Wiryawan Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8947 Fri, 26 Apr 2024 00:00:00 +0800 RELEVANSI PASAL 82 AYAT 2 UNDANG-UNDANG NOMOR 40 TENTANG PERSEROAN TERBATAS MENGENAI TATA CARA PEMANGGILAN RUPS MELALUI IKLAN DALAM SURAT KABAR https://e-journal.unmas.ac.id/index.php/jhm/article/view/8948 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>In a Limited Liability Company (LLC), the primary responsibility for running the company lies with the board of directors and commissioners, who act as extensions or executors of the rules of investors or shareholders. They are responsible for adhering to the provisions in the articles of association and the Company Law and managing the company according to the principles of Good Corporate Governance (GCG) such as justice, transparency, and accountability.One crucial aspect of implementing the provisions in the articles of association and the Company Law is holding the General Meeting of Shareholders (GMS). The Company Law explains the procedures for conducting GMS from the beginning to the formation of GMS decisions. In this study, the author analyzes juridical aspects and legal implications of the procedure for convening GMS through advertisements in newspapers, as regulated in Article 82 paragraph (2) of the Republic of Indonesia Law Number 40 of 2007 Concerning Limited Liability Companies, to determine its continued relevance. This study uses a normative research method focusing on examining the application of a legal norm using legal sources such as primary legal materials, secondary legal materials, and tertiary legal materials.</p> </div> </div> </div> I Gede Indra Vitata Yuda, Kt. Sukawati Lanang P. Perbawa Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8948 Fri, 26 Apr 2024 00:00:00 +0800 MEKANISME DAN REGULASI PENEGAKAN HUKUM TERHADAP STREAMER GAME YANG MENYAMPAIKAN INFORMASI TENTANG JUDI ONLINE DI YOUTUBE https://e-journal.unmas.ac.id/index.php/jhm/article/view/8949 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Streamer game who disseminate information about online gambling platforms during live streaming share similar mechanisms with influencers such as celebrities, content creators, and artists who endorse online gambling platforms. However, the legal enforcement differs between them. This thesis explores the legal enforcement against game streamers disseminating information about online gambling via YouTube in Kabupaten Badung, covering legal foundations, enforcement procedures, forms of legal enforcement, influencing factors, and conflict resolution mechanisms. The research aims to understand the mechanisms and procedures of legal enforcement, forms of legal enforcement, and influencing factors. It employs empirical legal research with a factual and sociological approach, utilizing data from interviews with key informants and questionnaire distribution. The collected data will undergo qualitative processing and analysis. The study draws upon several theories, including legal system theory, law enforcement theory, and legal effectiveness theory. Findings indicate deficiencies in government efforts to prevent this issue and disparities in legal enforcement</p> </div> </div> </div> I Made Dwi Artha Gunadi, Anak Agung Wiwik Sugiantari Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8949 Fri, 26 Apr 2024 00:00:00 +0800 PERTANGGUNGJAWABAN PELAKU USAHA TERHADAP PAKAIAN BEKAS IMPOR DI KOTA DENPASAR BERDASARKAN UNDANG-UNDANG NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN https://e-journal.unmas.ac.id/index.php/jhm/article/view/8950 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>The business of trading fashion goods or used clothing is known nowadays as thrifting. Regulation of the Minister of Trade Number 40 of 2022 concerning Amendments to Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import. Where in Article 2 Paragraph 3 it is written that goods are prohibited from import, one of which is used bags, used sacks and used clothes. Here it is very clear regarding the regulations prohibiting the import of used clothes, but in reality there are still people selling used imported clothes in Denpasar City. The problem in this research is the responsibility of imported used clothing business actors who harm consumers based on Law Number 8 of 1999 concerning Consumer Protection as well as the government's role in overcoming the practice of buying and selling imported used clothing which can harm consumers. The method in this research is empirical legal research. The conclusion in this research is that business actors in imported used clothing tend to be irresponsible, where business actors should be held responsible from various legal aspects. Legal certainty is really needed by a consumer to guarantee all forms of rights in carrying out trading activities.</p> </div> </div> </div> Ni Putu Sienny Merciana, Agustina Ni Made Ayu Darma Pratiwi Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8950 Fri, 26 Apr 2024 00:00:00 +0800 PERTANGGUNGJAWABAN PIDANA PADA PELAKU TINDAK PIDANA PENIPUAN JUAL BELI ONLIN https://e-journal.unmas.ac.id/index.php/jhm/article/view/8951 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>E-commerce is a process of buying and selling transactions which in practice are carried out online via electronic media. The buying and selling process no longer requires face-to-face meetings and the transaction process is carried out online. This has led to an increase in cases of online fraud. This research aims to determine the regulations and criminal responsibility for perpetrators of online buying and selling crimes. This paper uses a normative research method using a statutory approach, a conceptual approach. The results of this research show that regulations regarding criminal acts of fraud are generally regulated in Article 378 of the Criminal Code, and to strengthen the legal basis they can be accommodated through Article 28 paragraph (1) of the ITE Law. Criminal liability for perpetrators of online buying and selling fraud must fulfill the elements of each article, namely Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law and the imposition of responsibility in Article 28 paragraph (1) of the ITE Law which explains losses in the case of buying and selling. in the online world</p> </div> </div> </div> Ida Bagus Dwi Parama Putra, Putu Angga Pratama Sukma Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8951 Fri, 26 Apr 2024 00:00:00 +0800 RELEVANSI PASAL 82 AYAT 2 UNDANG-UNDANG NO. 40 TENTANG PERSEROAN TERBATAS MENGENAI TATA CARA PEMANGGILAN RUPS MELALUI IKLAN DALAM SURAT KABAR https://e-journal.unmas.ac.id/index.php/jhm/article/view/8952 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>In a Limited Liability Company (LLC), the primary responsibility for running the company lies with the board of directors and commissioners, who act as extensions or executors of the rules of investors or shareholders. They are responsible for adhering to the provisions in the articles of association and the Company Law and managing the company according to the principles of Good Corporate Governance (GCG) such as justice, transparency, and accountability.One crucial aspect of implementing the provisions in the articles of association and the Company Law is holding the General Meeting of Shareholders (GMS). The Company Law explains the procedures for conducting GMS from the beginning to the formation of GMS decisions. In this study, the author analyzes juridical aspects and legal implications of the procedure for convening GMS through advertisements in newspapers, as regulated in Article 82 paragraph (2) of the Republic of Indonesia Law Number 40 of 2007 Concerning Limited Liability Companies, to determine its continued relevance. This study uses a normative research method focusing on examining the application of a legal norm using legal sources such as primary legal materials, secondary legal materials, and tertiary legal materials.</p> </div> </div> </div> I Gede Indra Vitata Yuda, I Wayan Eka Artajaya Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8952 Fri, 26 Apr 2024 00:00:00 +0800 IMPLEMENTASI ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) SEBAGAI SISTEM PENERTIBAN PELANGGARAN LALU LINTAS DI KOTA DENPASAR https://e-journal.unmas.ac.id/index.php/jhm/article/view/8953 <div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>Electronic traffic law enforcement (ETLE) is law enforcement in the traffic sector based on information technology using electronic devices in the form of cameras that can detect various types of traffic violations and provide motor vehicle data automatically based on Automatic Number Plate Recognition (ANPR). This research aims to implement and impact the implementation of Electronic Traffic Law Enforcement (ETLE) as a system for controlling traffic violations in Denpasar City. The research method that researchers use is empirical juridical research. The research results show that the implementation of ETLE has not been effective in handling traffic violations in Denpasar City. This is because there are still obstacles in implementing ETLE in terms of law enforcement factors, facilities and infrastructure factors, as well as community legal culture factors. The use of ETLE is also a form of Polri's contribution in realizing Denpasar City as a smart city and is in line with bureaucratic reform. The impact of implementing ETLE in Denpasar City is that more and more people are being recorded committing violations and have not been able to reduce of violations because the public's legal awareness is still low.</p> </div> </div> </div> Ni Putu Vina Vionita, Lis Julianti Copyright (c) 2024 Fakultas Hukum Universitas Mahasaraswati Denpasar https://e-journal.unmas.ac.id/index.php/jhm/article/view/8953 Fri, 26 Apr 2024 00:00:00 +0800