Jurnal Komunikasi Hukum (JKH)

PENGARUH ORGANISASI PERDAGANGAN DUNIA (WTO) PADA REGULASI HUKUM BISNIS PARIWISATA DI INDONESIA

Ni Made Trisna Dewi — 2024-02-01

Adjustment of statutory regulations in the field of tourism business law in Indonesia is one of the consequences of the WTO agreement, thus the GATS-WTO agreement does not only concern Law Number 10 of 2009 concerning Tourism, but also all other related regulations. with tourism, such as labor regulations, Intellectual Property regulated in TRIP's, investment regulations (TRIM's), etc. These regulations will be affected by the provisions of the GATS-WTO, which must immediately be adjusted and harmonized with the GATS agreement commitment that has been agreed by Indonesia. It is by putting the principles of liberalization that it can have an impact on tourism arrangements in Indonesia which are not liberal but adhere to the principles of the Pancasila democracy state. The impact of the WTO on Indonesia's tourism business law arrangements related to TRIMS and GATS is the creation of tourism regulations that can protect local communities and cultures, limiting the liberalization of foreign investors from modern countries. The tourism arrangement must be in accordance with the nature of the purpose of its existence, namely to: increase economic growth; improve people's welfare; eradicating poverty; overcoming unemployment; preserving nature, environment and resources; promote culture; lifting the image of the nation; cultivate a love of the country; strengthen national identity and unity; and strengthen friendship between nations.

EKSISTENSI TIM INTERVENSI BERBASIS MASYARAKAT DALAM MEMBERANTAS PENYALAHGUNAAN NARKOTIKA DI DESA SANGSIT

Kadek Arya Putra Gunawan — 2024-02-01

This research aims to find out how the existence of this community-based intervention team is in dealing with narcotics abuse, both the efforts and the obstacles experienced in eradicating narcotics abuse. This research applies empirical legal research methods with data collection techniques, namely observation, interviews and documentation. There are data processing techniques that apply qualitative descriptive analysis through the process of data collection, data reduction, data presentation and drawing conclusions. The results of this research conclude that the efforts carried out include pre-emptive and preventive as well as the obstacles experienced. The obstacles experienced when it was first formed were underestimated by the community and were constrained by service locations and funds, access to IBM was very limited to assistance and supervision and family or parents. Relatively many people refuse to have their children rehabilitated.

ANALISIS YURIDIS PENGATURAN SYARAT PELAKSANAAN DIVERSI PADA TINGKAT PEMERIKSAAN DI PENGADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA

Wayan Agus Singid Adnyana — 2024-02-01

In juvenile criminal justice system, there is the diversion policy as the transfer of juvenile cases from judicial process to outside of judicial process. The requirement regulation for diversion implementation are regulated in SPPA Law. However, about the implementation of diversion at Court, there is PERMA Number 4 of 2014 which regulates the requirement for implementing diversion as contrary with SPPA Law. This research aims to do analysis about disharmonization of norms related to regulation of requirement for implementing diversion between SPPA Law and PERMA Number 4 of 2014, and analysis about implementation of PERMA Number 4 of 2014 against SPPA Law. This research used normative legal research methods with legislative regulations approach and conceptual approach. The legal materials used is primary, secondary and tertiary legal materials obtained through document study techniques, and analyzed using deductive methods. The results of this research show that disharmonization of norms between SPPA Law and PERMA Number 4 of 2014, is because PERMA position is below the Legislative Regulations based on hierarchy of Legislative Regulations, but in case examination process at the District Court, PERMA Number 4 of 2014 still enforced and ignoring the SPPA Law with referring to the Supreme Court Law.

KAJIAN FILSAFAT HUKUM TERHADAP HAKEKAT RASA KEADILAN MASYARAKAT ADAT BALI DALAM SISTEM HUKUM NASIONAL

Holys Abdiel Lumira — 2024-02-01

Legal philosophy according to Hans Kelsen is study of law as system of norms that regulate human behavior in society that is abstract and generally applicable. Legal philosophy is also a scientific discipline that seeks knowledge about true and fair law, which in this research aims to conduct a legal philosophy study essence of Balinese justice indigenous people in the national legal system. The problem lies in the disharmony between justice according to national law and customary law, this studies are needed that can create legal harmonization between Balinese Customary Law and National Law or Balinese Customary Law and Customary Law in other regions. The creation of legal harmonization is sought to achieve a sense of justice for each indigenous community. This certainly requires further research that existing norms can keep up with developments in modern society. Apart from that, it is necessary to study what are the parameters of the Balinese Customary Law community it can be used as a definite or proportional measure in order to provide Legal Certainty if Customary Law is to become part of National Law.

AKIBAT HUKUM TERHADAP PERKAWINAN ANAK DIBAWAH UMUR TANPA PENGAJUAN DISPENSASI KAWIN DI PENGADILAN

Komang Tri Sundari Dewi — 2024-02-01

This research aims to find out what the legal consequences are for the marriage of minors without applying for a marriage dispensation in court. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The results of this research show that the state does not recognize the marriage of minors without submitting a marriage dispensation to the Court so that the marriage cannot be registered at the Religious Affairs Office (KUA) for those who are Muslim, and at the Population and Civil Registration Office.

POTENSI MELEMAHNYA PRINSIP TERBUKA DAN BERSAING DALAM PENGADAAN DENGAN METODE E-PURCHASING

Bintang Puwan Permata — 2024-02-01

E-purchasing is a form of government innovation aimed at expediting the procurement process for goods and services. However, in its implementation, the competition among participants/providers of goods/services appears to be superficial. This research aims to review the application of the principles of openness and competitiveness in the procurement of goods and services using the e-purchasing method. This study is a normative legal research with a prescriptive nature and a legislative approach. Data collection is conducted through a literature study technique. The types of data used are secondary data in the form of primary legal materials and secondary legal materials. The data obtained are analyzed using deductive reasoning techniques. Based on the research findings, it is known that there is a potential for collusion that results in unhealthy business competition in the implementation of the procurement of goods and services through the e-purchasing method. Therefore, there is a need for regulations that clearly define the requirements and criteria for the selection of goods/services providers

PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003

Duarte da Silva — 2024-02-01

The problem of land disputes in Timor Leste is caused by a conflict between Article 54.4. which states that only national citizens have ownership rights to land and article 22 which states that, Timor Leste citizens who are or live abroad have the right to state protection in the exercise of their rights and will be subject to obligations that do not conflict with its absence in the country. Conflict creates a vacuum in norms so that disputes often occur over ownership of land rights. Timor Leste's National Land Agency, namely, Direcção Nacional de Terras, Propriedades e Serviços Cadastrais (DNTPSC) or the National Directorate of Land Services, Property and Cadastre, based on Article 17 of Law Number 1 of 2003 concerning Legal Regulations, has the authority to manage aspects land, such as land ownership rights for citizens as legal subjects, land management procedures, and institutions that handle land issues. In carrying out its duties relating to land and resolving land disputes, DNTPSC chooses a non-litigation resolution method, namely mediation. Article 2, Lei nu 1/2003 is the basis for the attribution of authority for the DNTPSC to carry out government duties in the land sector and resolve existing land disputes.

PENCEMARAN NAMA BAIK OLEH PERS DI ERA MEDIA SIBER SUATU KAJIAN PERTANGGUNGJAWABAN PIDANA

Ni Gusti Agung Ayu Mas Tri Wulandari — 2024-02-01

The cyber media phenomenon has had a major impact on the world of the press, both in terms of access to information and in maintaining journalistic integrity. However, this phenomenon also brings new challenges, especially regarding acts of defamation by the press through cyber media. This raises questions regarding the criminal liability that must be borne by the press in these cases. Using normative legal research methods, the author analyzes relevant laws and regulations, including the Press Law, ITE Law, and general criminal law. In this research, the author reviews various relevant laws and regulations and presents case study analysis related to hoaxes, radicalism and insults on social media. The research results show the need for more effective efforts in dealing with press crimes that harm the reputation and good name of individuals or groups. From the conclusions drawn, it appears that criminal liability for acts of defamation by the press in the context of cyber media is a complex issue. The need for revision and improvement of related laws and regulations, increased supervision and enforcement of the law, as well as public awareness and legal literacy are the suggestions proposed in this article.