Articles
Implementasi Pembayaran Pajak Kendaraan Bermotor di Kabupaten Karangasem
Lukman Hakimi;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4129.513-519
The main component of implementing regional autonomy is the activity of exploring more of the potential that exists in the region, especially taxes. The Revenue Service Unit (UPT) of Karangasem Regency is required to strive for achieving targets and increasing income in a sustainable manner to support the increase in Regional Original Income. The purposes of this study are to analyze the implementation of motor vehicle tax collection at SAMSAT Karangasem district and the supporting and inhibitor factors in the implementation of motor vehicle tax payments at Samsat Karangasem district. The research method used is an empirical legal research method with a statutory, a conceptual and a sociological approach. The technique of collecting legal materials is done by field observation through interviews. The sources of legal materials used are primary legal materials and secondary legal materials. Data analysis in this study used a qualitative descriptive analysis method. The results of the study indicate that the Bali Provincial Retribution in Karangasem Regency starts from the registration, determination and payment stage based on the Bali Provincial Regulation No. 1 of 2011 concerning Regional Regulations (PERDA) on Regional Taxes. Supporting factors, namely adequate human resources, administrative processes with a computerized system, the existence of mobile SAMSAT. Inhibiting Factors in the Implementation of Motor Vehicle Tax Payments at SAMSAT Karangasem Regency, namely the lack of awareness of taxpayers, incomplete taxpayer data, transfer of motorized vehicles without being renamed, owners changing places of residence.
Kekuatan Akta Pejabat Pembuat Akta Tanah dalam Proses Jual Beli Tanah Kavling
Made Agus Satria Wahyudi;
Ida Ayu Putu Widiati;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4133.538-543
Indonesian people, especially Balinese, often do business on land in various ways, including buying and selling land. The first formal certificate of ownership should clearly define rights and obligations, provide legal certainty, and be useful in the event of a dispute over the purchased land. The purposes of this study are to explain the process of buying and selling land in plots of land and the strength of the deed of the official who made the land deed. The method applied in this research is the Law-Based Survey with a statutory approach and a conceptual approach. Data collection techniques were carried out by field observations in the form of interviews. Sources of legal materials used are primary and secondary sources of legal materials. The data analysis technique used descriptive qualitative analysis method. The results show that if an authentic deed made by PPAT does not meet the requirements as an authentic deed, then the authentic deed is accredited as a private deed. If there is a problem and the certificate for certain plots of land has not been issued, the Land Office will wait until there is a final and binding decision from the Court regarding the status of the land in question and will continue to delay the process of land certification for the plots concerned. If you want to buy land, of course you have to investigate material requirements, property status, letters or other important documents, of course there should be no dispute.
Sanksi Pidana Bagi Kegiatan Mereview Suatu Produk Usaha di Media Sosial Tanpa Izin
Bagus Andika Artha Surya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4138.567-572
In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.
Penegakan Peraturan Gubernur Bali Nomor 10 Tahun 2021 dalam Tatanan Kehidupan Era Baru
I Putu Aris Sedana Putra;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4140.580-583
The emergence of the Covid-19 pandemic has claimed many lives and has an impact on all aspects of the state, the Indonesian Government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of health threats. Dishonesty in conveying information on patients suspected of being infected with COVID-19 is categorized as hindering the prevention of outbreaks that can threaten the lives of people around them, including the health workers who handle them. The act of obstructing the handling of the epidemic can be punished. The purposes of this study are to analyze the legal regulation of health protocols in the new life order and the sanctions for people who do not heed the Governor's Regulation No. 10 Year 2021 in Bali. This research method uses a normative legal research type with a statutory concept approach. Data collection techniques were carried out by examining existing library materials. The legal sources used are divided into two, namely primary and secondary legal sources which are then processed and analyzed systematically. The conclusion from the results of the research that has been carried out is that the application of strict sanctions to actions that hinder the prevention of epidemics is punishable by law number 4 of 1984 concerning Communicable Disease Outbreaks article 14 paragraphs (1) and (2). The government seeks to protect health workers as the vanguard of handling the threat of COVID-19 in a preventive and repressive manner. For this reason, it is necessary to disclose one's own health information by disclosing his health condition honestly to health workers to get the right treatment.
Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok
Ketut Danu Yudistira;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4145.607-610
The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Kasus : Putusan No. 74/Pid.B/2017/Pn Gin)
Ngakan Made Wira Diputra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4167.651-655
Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor
Perlindungan Hukum Korban Penipuan Undian Berhadiah Menurut Undang-undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik
Kadek Yogi Pratama Putra;
A Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4195.673-677
The development of the times is always followed by technological developments, digital technology has brought a major influence on human life. One example is information and communication technology. Various types of cell phones with the sophistication they have have changed the way humans exchange information and communicate. Various features are available in cellular phones, one of which is the short message service feature or commonly known as SMS. Initially this feature was used to make it easier for humans to send and receive short messages. Over time the feature or short message service is used by criminals for personal gain. Crime in the digital world is called cybercrime. Therefore, the purposes of this study are to examine the legal arrangements for victims of sweepstakes fraud through short message services and reveal forms of legal protection for victims of fraud through short message services. This research is designed with normative legal research using a legal and conceptual approach. Sources of data used are primary and secondary legal data collected using the literature study method. After the research data is collected, the final stage is processing and analyzing the data in a qualitative descriptive manner. The results of the study reveal that the crimes committed by the perpetrators are criminal acts of fraud which have been regulated in article 378 of the Criminal Code and have also been accommodated in the ITE Law which is regulated in article 28 paragraph (1). Furthermore, the victim has legal protection as regulated in the ITE Law.
Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja
Kadek Dicky Candra Mahendra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.2.3.4196.678-682
Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.
Tindak Pidana Pelanggaran Kekarantinaan Kesehatan yang Mengakibatkan Kedaruratan Masyarakat
Ida Ayu Sri Wahyuni;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.1.4632.20-24
Regulations that have been regulated by laws and regulations, namely the Health Quarantine have a solution to limit community activities in breaking the chain of the COVID-19 pandemic. This study aims to analyze the handling of criminal acts of violation of the Covid-19 health quarantine and discuss criminal legal sanctions in the event of a health quarantine violation. This research is part of normative legal research, research by collecting legal materials in the form of primary, secondary and tertiary legal materials using a library approach. The results of the study explain that Government Regulation in Lieu of Law (Perpu) Number 1 of 2020 concerning Financial Policy and Financial System Stability for Handling the Covid-19 Pandemic and/or in order to deal with threats that endanger the National economy and/or Financial System Stability, hereinafter referred to as Perppu No.1/2020). Criminal sanctions for violating health quarantine are regulated in Article 93 of Law no. 6 of 2018 concerning Health Quarantine, which regulates parties who violate Article 9 paragraph (1) are threatened with a maximum fine of 100 million
Pemotongan Upah Tenaga Kerja di Pt Dewata Gassari Bali dalam Situasi Pandemi Covid 19
Ida Bagus Ari Nugraha;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 3 No. 1 (2022): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa
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DOI: 10.22225/juinhum.3.1.4639.60-65
PT Dewata Gassari Bali enthroned at the Denpasar dam, held the same company color as the sale of LPG airflow. During Covid-19, it was seen that employers changed the regulations for giving fatigue medicine and alarms for work ahead of the rubber of their workers. The spread of COVID-19 has also resulted in a number of places visited decreasing so that the products marketed experience a drastic decline in sales. This results in a decrease in the price of goods marketed by certain companies. As a result of the losses suffered by the company, they made the decision to Termination of Employment (PHK) and Work from Home (WFH). This study aims to reveal the procedures for the implementation of payment of wages, protection of work status, and remuneration of workers at PT Dewata Gassari Bali. The method used in this analysis is institutional analysis which is empirically motivated by approaching reality and approaching the rule of law using a juridical approach. Sources of data in this study are primary data and secondary data. Data were analyzed by being collected, described and arranged descriptively and then systematized. The results of this study indicate that the cutting of fatigue medication and the dismissal of a number of employees are due to the company's finances being unstable