Articles
Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa
I Made Adi Saputra;
A.A Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2538.404-408
As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.
Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar)
I Komang Oka Raharja;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2543.388-392
Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.
Kekuatan Pembuktian Sertifikat Hak atas Tanah sebagai Alat Bukti dalam Perkara Perdata
I Kadek Edy Gunawan;
A.A Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2549.358-361
The land is very important for human life. Land problems often occur which still exist from ancient times until now. This research was conducted with the aim of describing how a certificate as proof of ownership of land rights can provide legal protection for people and legal entities as rights holders and whether the land title certificate must be supported by other evidence in its proof. The research method used is normative legal research with the approach of applicable laws and regulations. The results of this study indicated that in land disputes in court proceedings, certificates as proof of ownership can be used by judges to strengthen evidence to seek the truth. In proving an event or legal relationship, it must be supported by the existence of the truth or right. One way to do this is by submitting something that contains a reading sign in certain forms made by an authorized official. Furthermore, a certificate of ownership of land as a means of written evidence in a civil case examination can be proven by other means of evidence in which according to the judge's judgment it turns out that the evidence has perfect evidence strength and the statements contained in the certificate are proven to be incorrect.
Efektifitas Pelaksanaan Peraturan Daerah Kabupaten Badung Nomor 2 Tahun 2016 Tentang Sistem Online Pajak Daerah
I Gusti Ayu Mas Yuni;
I Gusti Bagus Suryawan;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2556.325-328
The Regional Revenue Agency / Pasedahan Agung Badung Regency is a regional apparatus organization that has the main objective and function of managing regional revenue as a source of regional financing in implementing regional development. This study aims to analyze the implementation procedures and determine the effectiveness of the implementation of the Badung Regency Regulation Number 2 of 2016 concerning the Local Tax Online System. This study uses an empirical method. There are 2 forms of data used, namely primary and secondary, namely collected through interviews. The results showed that the procedures for implementing the online system of local taxes for taxpayers to report their taxes through the Revenue Agency web and the installation of recording devices for monitoring business transactions on taxpayers. The implementation of the Local Tax Online System can be said to be effective as seen from the increase in online tax reporting and the increase in the installation of business transaction monitoring tools for taxpayers and the increase in PAD Taxes. The juridical and non-juridical constraints are the taxpayers who refuse to install a recording device for monitoring taxpayers' business transactions. Therefore, through this research, the Regional Revenue / Pasedahan Agency is expected to increase the socialization of understanding and reinforce the sanctions in the Badung Regency Regional Regulation Number 2 of 2016 concerning the Online Regional Tax System
Pengaturan Jumlah Minimal Modal Dasar pada Pendirian Perseroan Terbatas
I Gusti Ayu Manik Maharani;
Desak Gde Dwi Arini;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2561.320-324
In Article 33 of the Company Law, regarding the regulation of the capital of a PT, it is determined that at least 25% of the authorized capital in Article 32 of the Company Law must be issued and fully paid. This study aims to determine the regulation of the minimum amount of authorized capital at the establishment of a PT and to find out the consequences of the legal position of a PT established with an amount of authorized capital that is less than the provisions in the Company Law. This study uses a normative legal research method with a statutory approach and legal concepts. The results of the study show that the arrangement of the authorized capital of PT in PP Number 29 of 2019 is contrary to Article 32 paragraph (1). Establishing a PT to obtain a legal entity is not enough by making the Articles of Association of a PT, but it must be submitted for approval to obtain legal entity status. The legal consequence is that PT which has an authorized capital amount is less than the provisions in the Company Law. PT does not have legal entity status because after the deed of establishment or the Articles of Association of the PT has been completed, to obtain legal entity status one must submit an application to the Minister of Law and Human Rights for approval. Through this research, it is hoped that the government will immediately conduct an assessment and evaluation of laws and regulations, especially in the field of corporate law
Penyelesaian Sengketa Tanah Kehutanan di Kantor Pertanahan Kabupaten Badung
I Gede Edy Korneawan;
A.A Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2568.291-295
Land is one of the most important parts of the earth's surface, where land is a source of welfare for the community. In the UUPA, the concept of land rights is differentiated into two, namely, first, the right to control of the State as regulated in article 2 which is based on the elaboration of Article 33 of the 1945 Constitution of the Republic of Indonesia. This study aims to determine the process of resolving forestry land disputes at the Land Office of Badung Regency. The research method used is the normative method, namely examining the decision of the head of the BPN RI regional office with the applicable law. The results of the analysis show that based on the Law of the Republic of Indonesia Number 18 of 2003 concerning the prevention and eradication of forest destruction, it is concluded that the causes of the dispute are 6. Based on the Perkab BPN No. 3/2011 there are two land dispute resolution through litigation, namely dispute resolution through court channels, and non-litigation, namely dispute resolution through BPN mediation. Through research, it is hoped that the government can determine the spatial layout of the area so that a single map is created and there are no overlapping policies between the Ministry of Forestry and the Forestry Service
Pengaturan terhadap Pengusahaan Air Bawah Tanah yang Dilakukan oleh Masyarakat
Desak Putu Setyarina;
I Putu Gede Seputra;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2589.276-280
The water has an important role in survival of all living things on this earth. Water in underground is a natural resources and the damage that occurs can cause widespread impact and repair is quite difficult. In order to guarantee the fair used and exploitation of groundwater, a permit is required. However, in the use and exploitation of groundwater, there are people and industrial parties who did not have a permit from the government related to the prevailing laws and regulations. The purpose of this research is to find out how the regulation of underground water exploitation is carried out by the community and what are the legal consequences of unlicensed underground water exploitation. The method used in this research is normative method and analysis of legal interpretation and descriptive analysis. Data sources are primary and secondary data. The research approach used in this research is an invitation-only approach and a legal concept analysis approach. The technique of conducting legal materials is carried out by means of literature study which is legal materials are collected then processed using systematic interpretation analysis. The results of this research are first, in regulating the exploitation of groundwater, the authority and legal basis used by the government as a reference in granting permits. Second, the result of not having a permit to use ground water is the sealing of the location or place and the imposition of imprisonment in accordance with the applicable laws, namely Law Number 11 of 1974 concerning Irrigation and other regulations in accordance with the respective Regional Regulations.
Perlindungan Hukum terhadap Korban Penipuan Jual Beli Online
Bagus Andi Dwi Prakoso;
I Nyoman Sujana;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2591.266-270
Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.
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
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2596.237-242
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
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.1.2.2599.232-236
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).