Jurnal Yustitia

PERLINDUNGAN HAK BAGI PEMOHON KEPUTUSAN TATA USAHA NEGARA AKIBAT PERMOHONAN FIKTIP POSITIF DI PENGADILAN TATA USAHA NEGARA DENPASAR

Gede Budi Kristiawan, Anak Agung Putu Wiwik Sugiantari, I Made Sudirga — Mon, 20 May 2024 00:00:00 +0000

Dispute resolution procedures from lawsuits and applications filed at the State Administrative Court based on negative fictitious administrative orders or positive fictitious administrative orders. The adoption of the positive fictitious principle in various legislative policies of member states has finally brought positive results in facilitating the process of obtaining licenses and issuing decisions / other actions submitted by citizens to administrative organs. The essence of the Positive Fictitious Principle is that 'silence means agreement' and aims for legal certainty. The requirements of the application must have been received in full and are associated with legal principles that are affected to be the reason for not needing the involvement of the judiciary. On the other hand, the court is needed to provide legal protection for third parties who feel aggrieved by the issuance of decisions born from the positive fictitious process.

DOMINUS LITIS PADA KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA

I Ketut Suardita, I PUTU ANDIKA PRATAMA, Made Sinthia Sukmayanti — Mon, 20 May 2024 00:00:00 +0000

The national human rights commission is one of the independent institutions in Indonesia, which is responsible for the enforcement of human rights. In carrying out its functions in the enforcement of human rights, the national human rights commission collaborates with the prosecutor's office because the national human rights commission only discusses the settlement up to the investigation process, and the next process in justice (dominus litis) is carried out by the prosecutor's office. This research intend to understand the role regulation at the national human rights commission, as well as to understand the importance of regulating the role of the dominus litis. This research uses normative legal research methods, by reviewing the laws and regulations relating to the problem. Furthermore, it can be explained about the regulation of the role of dominus litis in the unregulated national commission, because the function of the dominus litis is still under approval by the prosecutor's office. The regulation of the dominant role in the national human rights commission has a very important role in emphasizing the functions and objectives and clarifying the independence of the national human rights commission.

PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI KEKAYAAN INTELEKTUAL TERHADAP PENGRAJIN SONGKET BALI DI KLUNGKUNG, SEMARAPURA

Kadek Frediandrika Adnantara — Mon, 20 May 2024 00:00:00 +0000

Intellectual property protection is to provide legal protection for the ownership of public and private intellectual property rights, which is the basis of the development of the creative economy and makes an important contribution to the development of the country.

As a developing country, Indonesia must be able to take appropriate steps to anticipate all changes and developments as well as global trends in order to achieve national goals. The purpose of this study is to determine the protection of Intellectual Property Rights for Songket Fabric Industrial Rights in Klungkung Village Bali and to find out the Registration of Intellectual Property Rights for Songket

Fabric Industrial Rights The research method used is legally empirical, namely through the use of laws in terms of norms or Dassault Symphony and social reality, cultural, or Dassian. The results showed that Balinese songket cloth can obtain Intellectual Property Rights, especially Industrial Design Rights.

NIET ONTVANKELIJKE VERKLAARD DALAM PUTUSAN

Mon, 20 May 2024 00:00:00 +0000

In addition, a lawsuit can be terminated (Niet Ontvankelijke Verklaard) NO if the object of the lawsuit is not clear, then the claim cannot be accepted. The issues raised from this paper are: (1) Formal defects in the lawsuit, and (2) Judge's consideration in deciding an inadmissible lawsuit (Niet Ontvankelijke Verklaard) in case Number : 817/Pdt.G/2023/PN Dps.

This research includes doctrinal research that uses primary legal data/materials, secondary legal data/materials and tertiary legal data/materials. The technique of collecting data/legal materials is carried out with a card system and uses a statutory approach, a fact approach, and a conceptual analysis approach.

The results in this study are: Judges in examining and trying cases. The judge will assess whether the lawsuit has met the formal and material requirements. Parameters for assessing formal requirements, for example about the competence of the court both absolute competence and relative competence, whether the case submitted falls within the jurisdiction of the court or not (relative competence), or whether the case falls within the scope of the court's authority (absolute competence). Decisions niet ontvankelijke verklaard or "unacceptable" are mostly caused by several things, namely: Error in persona, Error in objecto, Obscuur libel lawsuit, Nebis in idem lawsuit, Lawsuit outside absolute and relative jurisdiction; and so on.

EFEKTIVITAS PERATURAN DAERAH PROVINSI BALI NOMOR 1 TAHUN 2017 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DALAM MENCEGAH PENCEMARAN AIR TANAH

Mon, 20 May 2024 00:00:00 +0000

Bali is a tourist destination that is favored by many domestic and foreign tourists. However, the high consumption activity of local people and tourists in the province produces quite a lot of waste generation. Based on data from the Ministry of Environment and Forestry (KLHK), the city of Denpasar produces 915.5 thousand tons of waste generation throughout 2021. This makes Bali the 8th largest waste-producing province in Indonesia. legal research that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. Conclusion of the Effectiveness of Bali Province Regional Regulation Number 1 of 2017 Concerning Environmental Protection and Management in Preventing Groundwater Pollution in the Legal Area of the Denpasar City Environment Service has not been effectively implemented, because based on data on public complaints and data on prosecution of violations there is still an increase from year to year, starting from 2019 to 2022, so it is proven that the enforcement that has been carried out so far has not provided a deterrent effect, because the authorized apparatus related to this Regional Regulation, especially the Civil Service Police Unit, has not been maximal in carrying out enforcement of Constraints and Efforts from the Denpasar City Environment Service in Preventing Groundwater Pollution in the City of Denpasar, namely the obstacle is the participation and supporting capacity of the community in protecting the environment, especially in the application of this Regional Regulation which has not been maximized, and because of the lack of facilities and infrastructure owned in carrying out investigations to detect sources of pollution

LARANGAN PERKAWINAN BEDA AGAMA MENURUT MAHKAMAH AGUNG DALAM SEMA NOMOR 2 TAHUN 2023

Diah Marla Pitaloka, Benny Djaja, Maman Sudirman — Mon, 20 May 2024 00:00:00 +0000

Interfaith marriages are not something new for multicultural Indonesian society. Interfaith marriages are common in society and have been going on for a long time. However, this does not mean that interfaith marriages are not problematic by society. In fact, the Marriage Law in Article 2 paragraph (1) determines that marriage is valid if it is carried out according to the laws of each religion and belief. From the Indonesian Conference on Religion and Peace, it was recorded that 1,425 couples of different religions were married in Indonesia in the period from 2005 to early March 2022, this made the Supreme Court finally issue a decree prohibiting interfaith marriages with Circular Letter (SEMA) Number 2 of 2023. The purpose of this writing is to 1) analyze the legality of interfaith marriages according to positive law in Indonesia and 2) analyze the effectiveness of the Supreme Court's decision in SEMA Number 2 of 2023. The conclusion obtained from this writing is that even though Article 8 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations states that the existence of regulations stipulated by the Supreme Court (SEMA) is recognized and has binding legal force, however, many people think that SEMA is in conflict with the Population Administration Law which does not prohibit the registration of interfaith marriages. SEMA Number 2 of 2023 does not necessarily eliminate interfaith marriages, because if we review their effectiveness, this will return to the awareness of each community.

KONSISTENSI PEMBENTUKAN PERATURAN DAERAH BERDASARKAN HIERARKI PERUNDANG-UNDANGAN DALAM PERSPEKTIF HUKUM KEPEGAWAIAN

adrie S.Sos, SH.MH, I Ketut Suardita — Mon, 20 May 2024 00:00:00 +0000

Governmental authority is more or less left to regional governments as is the case with laws and regulations through the establishment of regional regulations (Perda) which must also meet conditions such as consistency in the formulation of standard structure and language, and the existence of a harmonized relationship between various laws and regulations. The purpose of this scientific work is to find out the process of forming regional regulations from the perspective of personnel law and to find out the consistency of the formation of regional regulations based on the hierarchy of legislation from the perspective of personnel law. The writing of this paper uses the normative legal research method using library research by inventorying and quoting legal science literature books, statutory provisions as well as scientific essays and lecture notes that are related to writing this scientific work.

The conclusions from writing this scientific paper include (1) the process of forming regional regulations (Perda) from the perspective of personnel law consists of three stages, namely (a) the process of preparing the draft Perda which is the process of drafting and designing within the DPRD or within the Regional Government, consisting of preparation of academic texts and draft regional regulations; (b) the process of obtaining approval, which is discussed in the DPRD; (c) the process of approval by the Regent and promulgation by the Regional Secretary; (2) the consistency of the formation of regional regulations (Perda) based on the hierarchy of legislation in the perspective of personnel law with legal commitments that must be enforced so that the Regional Regulations (Perda) made do not violate the hierarchy and violate the constitution and for Civil Servants who do not comply with the provisions can be subject to prosecution Discipline Punishment according to Government Regulation Number 94 of 2021 concerning Employee Discipline.

DINAMIKA STATUS HUKUM BADAN USAHA MILIK DESA DI INDONESIA

I Komang Kawi Arta, I PUTU ANDIKA PRATAMA, I Gede Arya Wira Sena — Mon, 20 May 2024 00:00:00 +0000

There is no legal basis that covers the existence of BUMDes in villages, considering that BUMDes are businesses that are able to support the economy in the village. It is necessary to know the development of existing regulations in Indonesia that underlie the existence of BUMDes. The research method used is normative juridical using a statutory approach and a conceptual approach. The results show that the first development started from the birth of Law Number 8 of 2005 concerning amendments to Law Number 32 of 2004 concerning Regional Government, as mandated in Chapter VII, part five, which states that Village Governments can establish Village-Owned Enterprises in accordance with village needs and potential with the hope of increasing community and village income. As a follow-up to the implementation of the establishment of BUMDes, based on article 78 of PP 72 of 2005 concerning Villages, it is explained that the Regency/City Government needs to establish Regional Regulations (PERDA) concerning Procedures for the Establishment and Management of Village-Owned Enterprises (BUMDes). Minister of Home Affairs Regulation No. 39 of 2010 can be interpreted as the main thing that provides direction on how to form and manage BUMDes so that they can be in accordance with the expected objectives in order to support village income and contribute to the welfare of the village community within it. Government regulation number 46 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages, as well as determining the legality of BUMDes through village regulations. This regulation does not imply that the BUMDes must be a legal entity. However, in development there is not a single regulation that regulates BUMDes as village-owned business entities with legal entities, both before and after the issuance of government regulation number 46 of 2014 concerning Implementing Regulations of Law Number 6 of 2014 concerning Villages. The enactment of Law Number 11 of 2020 concerning Job Creation means that the legal status of BUMDes is a legal business entity and Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises, was issued to implement the provisions of Article 117 and Article 185 letter b of Law Number 11 of 2020. 2020 concerning Job Creation.

PENGATURAN INDIKASI GEOGRAFIS TERHADAP PRODUK WINE SALAK BEBANDEM KARANGASEM

Mon, 20 May 2024 00:00:00 +0000

Geographical indication (GI) is a form of legal protection that gives products a distinctive identity based on their geographical origin. In Indonesia, GI has been applied to various products, including locally processed products such as Burdendem Karangasem salak wine. This article discusses the IG regulation of the Burdendem Karangasem salak wine product and its impact on the agricultural industry and local economy. Burdenem Karangasem salak wine is a unique product produced from salak fruit typical of the Karangasem area, Bali. IG provides protection for this geographical name, ensuring that only products originating from the area can use the label "wine salak Banyakem Karangasem." This provides a double benefit: protecting product identity and encouraging local economic development. With the IG arrangement, salak farmers in Karangasem get incentives to maintain the quality and authenticity of their products. This increases farmers' incomes and helps preserve local agricultural heritage. In addition, IG is opening up greater export opportunities for Burdendem Karangasem salak wine, presenting a promising business opportunity. This article also discusses challenges in regulating GI, such as monitoring and law enforcement, as well as collaborative efforts between government, farmers and industry players. In the context of globalization, it is important to maintain the authenticity of local products while promoting economic growth. IG's regulation of Bandem Karangasem salak wine is a successful example of this effort and can be an inspiration for other geographically based products.

PERLINDUNGAN HUKUM BAGI PEKERJA PEREMPUAN YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PERUSAHAAN SAAT CUTI MELAHIRKAN

I KETUT SATRIA WIRADHARMA SUMERTAJAYA, Kadek Ary Purnama Dewi — Mon, 20 May 2024 00:00:00 +0000

Termination of employment is something that is avoided by workers in general, especially for female workers, of course it is very detrimental to their rights, which by nature have reproductive organs to give birth. However, in practice there are cases of female workers who experience termination of employment due to taking maternity leave. Based on this, the problem examined in this research concerns legal protection for female workers who experience unilateral termination of employment by the company during maternity leave.

In this research the author uses a normative legal research method with a statute approach and a case approach, then the results found in this research are described descriptively

The results of this research are that the laws and regulations in the field of employment regulate the right to obtain maternity leave as regulated in Article 82 of Law No. 13 of 2003 concerning Employment. The provisions of Article 153 paragraph (1) of Law no. 6 of 2023 states that companies are prohibited from terminating workers on the grounds of pregnancy, childbirth, miscarriage or breastfeeding their baby. If the company terminates the employment relationship unilaterally due to a female employee taking maternity leave, the termination of employment carried out for the reasons mentioned above is null and void and the Company is obliged to re-employ the employee concerned.