Articles
Implementasi Peraturan Bupati No 58 Tahun 2014 terhadap Pengelolaan Arsip di Dinas Kearsipan Kabupaten Badung
Anak Agung Dinda Trisna Kesumadewi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2596.237-242
Archiving has an important role for running of an administration process of an organization. Archiving serves as a source of information and monitoring tools which are needed by every organization in making reports, accountability, assessment and control as precisely as possible. The problems in this study are: 1) How does the process of arrangement active and inactive dynamic archive in the Archive Management Unit in Archives and Library Service Badung Regency in accordance with Badung Regent Regulation Number 58 of 2014? 2) What efforts are made by the Archives and Library Service Badung Regency so that every government agency in the Badung Regency Government implements the Badung Regent Regulation No. 58 of 2014 in the management of archive?. The technique of collecting the data was done by using the method of recording. Data is then analyzed using systematic legal interpretation and legal arguments based on deductive logic. The conclusions of this study are: 1) the process of active and inactive dynamic archive arrangement in the Badung Regency Archives and Library Management Unit is to use classification codes and indexes. 2) Obstacles and Library Constraints in implementing Regent Regulation No. 58 of 2014 is that people's thoughts on filing are not well understood, facilities and infrastructure are still lacking, management staff at each SKPD do not understand about archival management, and Head of Service at each SKPD is less concerned with archive management personnel. The efforts of the Department of Archives in implementing Regent Regulation No. 58 of 2014 are by developing archival human resources, archiving socialization, archiving guidance, and community participation.
Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking
Anak Agung Bagus Indra Dwipraditya;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2599.232-236
Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).
Perlindungan Hukum terhadap Hak-Hak Korban dalam Perdagangan Manusia dari Persepektif Hak Asasi Manusia
Agus Yogik Palguna;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2956.1-4
The crime of trafficking in persons often occurs among women and children. This case is mostly among adult women; this is due to demands (less economic) so that trafficking in persons often occurs. The government must eradicate this case and provide legal protection for victims of trafficking in persons so that women and children are not arbitrarily treated by traffickers. The type of research used is juridical normative; a study the discussion of which is based on laws and legal materials. The results of the analysis show that the criminal sanctions given to the perpetrators must be really sanctions that give a deterrent effect, so that the perpetrators do not repeat their mistakes. In addition, the existence of sanctions can reduce criminal cases of trafficking in persons against women and children, and no one treats women and children arbitrarily, and no longer makes women and children victims of trafficking in persons. So that children and women can become the next generation of the nation to be proud of themselves and others.
Kedudukan Perancang Peraturan Perundang-Undangan dalam Pembentukan Peraturan Daerah
I Dewa Gede Anggarisna;
I Gusti Bagus Suryawan;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2964.37-40
This study aims to determine the position and duties of the designer in the formation of regional regulations and the implementation of the designer's participation in the formation of regional regulations in Bali Province. The method in this legal research uses empirical legal research. The results show that the position and duties of the drafters of legislation in the formation of regional regulations play an important role, namely preparing to process and formulate all legal instruments and matters related to the design of legislation, while in the formation of regional regulations in Bali Province, the implementation of participation, namely the statutory designer is still there are 3 regencies / cities that have not involved the designer in the formation of local regulations. The comparison of the number of perda revoked from 2014-2019 between Provinces / Districts that involve designers and districts / cities that have not involved designers does not show a significant comparison of numbers. However, in 2018 the implementation of Designer Participation. In the Formation of Regional Regulations in the Province of Bali, it was started from the beginning to the end. So that the implementation of the participation of the new designer begins to run effectively. The legal consequence is that if the designer does not explicitly include the statutory regulations it does not explicitly state the sanctions so that there is an empty norm.
Tinjauan Yuridis Tindak Pidana Kebiri dalam Perspektif Hak Asasi Manusia
I Gede Fajar Manggala;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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The actions of a person who does something that is detrimental to others, for example torture, harassment, murder to result in death are required to be accountable for their actions. This study aims to determine the regulation of castration from a human rights perspective and to determine the sanction of castration from a human rights perspective. The method used is normative legal research which is carried out by recording and studying based on legal materials. The results of the study show that the punishment for castration is a maximum of 15 years and a maximum fine of five billion rupiah is a government action in an effort to eliminate discriminatory actions against a person's human rights. The government's decision regarding the sanctions given to perpetrators of the criminal act of castration is considered excessive by the National Human Rights Commission because it violates human rights and is too serious for the perpetrators but is still supported in order to eliminate acts of abuse against children as the nation's next generation.
Akibat Hukum Pekerja Anak Menurut Undang-Undang Nomor 13 Tahun 2003
I Gusti Ngurah Winda Aditya Putra;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2968.57-61
Children who are born into this world will automatically become the successor of the nation and become the pride of their parents. However, the economic difference between each child and their parents causes many of them to work from an early age and even decide to stop taking education to meet their needs. This study aims to analyze the legal consequences of employing children from a legislative perspective. This study uses a normative legal research method, which is literature law which refers to the legal norms contained in statutory regulations. The results of the study show that any work done by a child cannot be separated from the supervision of the parents and has received permission from the parents. A good education makes the nation's successors broaden the knowledge they have that can be used later when doing a job. Employing a minor child is an offender who can be given a criminal sanction of happiness that is snatched when the child is already doing work, making the child become mentally retarded or thought and his age is no longer compatible.
Pelaksanaan Peraturan Daerah Tata Ruang Kabupaten Gianyar terhadap Pembangunan Fasilitas Pariwisata Sempadan Sungai Ayung
I Kadek Darmayasa;
I Putu Gede Seputra;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2969.62-67
Overcoming the negative impacts on the environment and to create good spatial planning. Gianya Regency carries out spatial use control through zoning, licensing, intensive and disintensive spatial planning. This study aims to analyze the arrangements for the development of river border tourism facilities and to find out the implementation of Regional Regulation Number 16 of 2012 concerning the Gianyar Regency Spatial Plan in the construction of tourism facilities. The research method used is empirical legal research. This study chose a location in Banjar Kedewatan Anyar, Kedewatan Village, Ubud District, Gianyar Regency. The results of the analysis show that the regulation of river border tourism facility development in positive law in Indonesia is contained in Law Number 26 of 2007 concerning Spatial Planning. Apart from this Law, river borders are also regulated in Government Regulation Number 26 of 2008 concerning National Spatial Planning. For the sake of harmony with the existing legislation, the Gianyar Regency Region has also made the Gianyar Regency Regional Regulation Number 16 of 2012 concerning the 2012-2032 Regional Spatial Plan which regulates river boundaries in Article 37 Paragraph 2 describes development carried out near River areas that have been given development rules in rural rivers. From the Implementation of Regional Regulation Number 16 of 2012 concerning the Regional Spatial Plan of Gianyar Regency in the construction of tourism facilities it has been going well but it can be seen through calculations calculated by the Head of the Spatial Planning Division that 89% has been implemented well and 11% is still there a deviation.
Perlindungan Hukum Bagi Pekerja UD. Alam di Banjar Pendem Kabupaten Jembrana
I Komang Angga Triyadi Giri;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2971.72-75
Every job has its own risk, including the quiet work of UD. Natural. This study aims to determine the form of legal protection of UD. Nature in carrying out his work accident insurance. This type of research uses empirical law. The results showed that the form of legal protection is the responsibility of UD. Nature that has been given to workers in the form of economic protection where workers are given a district / city minimum wage (UMK), technical protection where workers are given time to adjust to the tools used in companies that are not yet commonly used, and social protection where the UD. Nature pays for medical treatment and provides compensation in the form of cash, if one of her employees has a work accident. Until now, UD. Alam has not registered his workers in the work accident insurance program so that the work accident insurance program at UD. Alam Banjar Pendem Jembrana Regency has not been implemented effectively. Then, economic factors become an obstacle to UD. Alam has not registered its workers into the work accident insurance program, this is due to the heavy burden borne by employers to pay work accident insurance contributions and also the procedures for applying for work accident insurance are always hampered by incomplete requirements so it takes too long to register workers into the work accident insurance program.
Peran Polisi Hutan dalam Menanggulangi Pembalakan Liar/Illegal Logging dalam Kawasan Hutan di Kabupaten Jembrana Provinsi Bali
I Made Adi Endra Supardi;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2973.81-85
Forests must be managed properly so that their functions and benefits are maintained. One of the problems related to the forestry sector is the large number of illegal logging practices in a number of provinces in Indonesia. Eradication of Illegal Logging in Law of the Republic of Indonesia Number 18 of 2013 concerning the prevention and eradication of forest destruction. This study aims to determine the duties and roles of forest rangers in preventing illegal logging in the forest area of Jembrana Regency and to analyze the obstacle factors of forest rangers in preventing illegal logging in the forest area of Jembrana Regency, Bali Province. This study uses an empirical method with a statutory approach. The data used are primary and secondary data obtained through interviews and documentation. The data obtained were then analyzed through qualitative descriptive. The results showed that the Forestry Police had a role to supervise the implementation of every activity that caused damage to the forest area of Jembrana Regency. Factors that become obstacles in carrying out the role of forest rangers in preventing illegal logging in the Jembrana Regency Forest Area are terrain, facilities and equipment, sincerity, concern and firm commitment, the number of personnel, new methods of crime, and factors of local residents. Forest rangers must involve residents around the forest in an effort to prevent illegal logging considering that the obligation to conserve forests is not only the responsibility of the government but also the responsibility of all forest border residents, especially in Jembrana Regency.
Pengelolaan Sampah Plastik Rumah Tangga dalam Rangka Pencegahan Pencemaran Lingkungan (Study di Lingkungan Kelurahan Pedungan Kecamatan Denpasar Selatan Kota Denpasar)
I Made Ode Dwiyana Putra;
I Nyoman Gede Sugiartha;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.2.1.2974.86-91
Plastic waste is waste that cannot be decomposed and is very dangerous to environmental health conditions because it is a non-organic waste. Prevention of environmental pollution occurs due to littering. Especially problems in the management of waste generated by households. This study aims to analyze the policy of managing household plastic waste as an effort to prevent environmental pollution in the Pedungan Village area of Denpasar City and to explain the factors that influence the management of household plastic waste in Pedungan Village. This study uses empirical legal research. The approach to the problem used is a fact approach, a case approach and a sociological approach. The data used are primary and secondary data. Data were analyzed and arranged systematically using qualitative analysis, namely by analyzing data obtained from primary and secondary data sources. The results showed that the Pedungan Urban Village area has issued a policy regarding the Decree of the Head of the Pedungan Village Number: 660/04 / I / 2019 concerning the Management Structure of the Pedungan Asri Waste Bank in Pedungan Village. This waste bank is responsible for managing plastic waste in the Pedungan village. The waste bank accepts plastic waste to be recycled back into goods that have more useful and economic value. The two factors that affect the management of plastic waste in the Pedungan Village area include local residents and immigrants.