Articles
<![CDATA[Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran ]]>
<![CDATA[I Gede Wardana Oka Sastra Wiguna]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.1.1.2149.157-163
<![CDATA[The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.]]>
<![CDATA[Perlindungan Hukum terhadap Hak Cipta Karya Fotografi yang Digunakan tanpa Izin ]]>
<![CDATA[Putu Rahayu Purnamasari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.1.1.2159.203-208
<![CDATA[Photo is the result of an image taken by a camera through a photographic process carried out by a photographer and protected as one of the copyright works in the Prevailing Laws, namely the Copyright Law No. 28/2014. Violations against copyright works often occur, but there are still many photographers who do not understand or even know about copyright and the legal provisions governing and protecting it and do not register their creations with the Directorate General of IPR. So the problem that can be investigated is how the legal protection of the rights of the creator of photographic works and what legal remedies can the creator take on the work of photography that is used without permission by other people. This study aims to determine the level of legal protection for the rights of photographic creators as well as to find out the legal actions taken by the creators of photographic works that are used without the permission of others. The method used is legal research that is normative through a statutory approach as well as a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of research and analysis, it can be concluded that the copyright of photographic works is to provide protection for photo art works and to provide economic rights for the creators or copyright holders and moral rights for the creators. The route outside the court and the court route are two legal routes that can be taken in making legal remedies.]]>
<![CDATA[Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan ]]>
<![CDATA[Agung Istri Altia Dwi Widaswari]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.3.1.4234.51-56
<![CDATA[The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. Equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, then how to resolve it. The formulation of the problem is 1. How is the distribution of property in the form of immovable objects after divorce without a marriage agreement? 2. What is the judge's consideration in the distribution of immovable property after divorce without a marriage agreement? The research method used is normative legal research. The results of the discussion of the distribution of assets after divorce in the absence of a marriage agreement can be carried out by mediation or through the court. Regarding the distribution of assets in decision Number 149/Pdt.G/2017, it is following the evidence, facts in court. The author suggests judges be more careful in deciding cases. The legislature must continue to revise the law in order to keep up with the development of society.]]>
<![CDATA[Perlindungan Hukum bagi Pekerja Anak di Indonesia ]]>
<![CDATA[Made Dharma Laksana Swastika]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.1.2194.101-105
<![CDATA[Child labor regulations in Law 13/2003 for child labor in a company can be said in practice to be quite good and in accordance with their respective work agreements and there must be permission from the child's parents. This study aims to determine the legal protection for child labor in Indonesia and determine the factors causing underage children to do work. This research was designed using empirical legal methods. Sources of data obtained directly from the community called primary data (basic data) and obtained from library materials called secondary data. Data was collected using documentation and interview techniques. The results of this study indicate that the regulation of child labor in the Law of the Republic of Indonesia Number 13 of 2003 for child labor in a company is in good practice and in accordance with the work agreement of each and there must be permission from the child's parents. In overcoming obstacles and obstacles, the company tries as much as possible to realize the core of article 68 of the Law of the Republic of Indonesia Number 13 of 2003 in terms of prohibiting the company from employing underage child labor by providing certain policies to be enforced after deliberation between the company and child labor first. Through this research, non-litigation settlement is expected as the first choice and authoritative (fair for both parties), namely Workers and Employers are given the freedom to choose an existing peace agent (conciliator/mediator), and facilitate the formation of an arbitration system that is free / independent, independent, and authoritative.]]>
<![CDATA[Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas ]]>
<![CDATA[Ni Kadek Sofia Arianti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.1.2202.148-153
<![CDATA[This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.]]>
<![CDATA[Penegakan Hukum dalam Penyelesaian Sengketa Transaksi Electronic Commerce ]]>
<![CDATA[Ni Luh Kadek Dwi Fenny Febriyanti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Spasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.1.2206.173-178
<![CDATA[E-commerce transaction as a trade transaction contract between sellers and buyers using the internet media provide convenience for both consumers and businesses, but these transactions also have some weaknesses that can lead to legal problems. This research discusses issues regarding the validity of the agreement related to e-commerce transactions and the law enforcement efforts in resolving e-commerce transaction disputes. This research uses a normative research method with a statute and conceptual approach. The collection of legal materials is carried out using the literature study method which is then systematically compiled and analyzed using the described method. The validity of the agreement is related to e-commerce transactions if it meets Article 1320 of the Civil Code, including the agreement of those who bound themselves, the ability to make an agreement, the existence of a certain matter, and the existence of a halal cause. Law enforcement efforts in resolving e-commerce transaction disputes are carried out preventively through legislation and repressive measures through litigation and non-litigation channels such as through arbitration, consultation, mediation, conciliation, or expert judgment. In addition, it can also be resolved through BPSK, LPKSM, and the Directorate of Consumer Protection.]]>
<![CDATA[Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu) ]]>
<![CDATA[Ni Made Sintia Tarisa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.1.2214.222-227
<![CDATA[An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.]]>
<![CDATA[Perlindungan Hukum terhadap Pekerja dengan Perjanjian Kerja Waktu di Indonesia ]]>
<![CDATA[Agus Antara Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.2.2428.12-17
<![CDATA[In this day and age, norms often get blurred against the activities carried out by workers through a system of working agreements for a certain time. Workers get problems in the implementation of the regulation especially in fulfilling workers' rights which are not fulfilled by employers. This study aims to analyze the arrangements for a certain time work agreement in Indonesia, and to find out the legal protections for workers with a certain time working agreement in Indonesia. This study uses a normative legal research method through a statutory approach and a conceptual approach. The results show that the legal arrangements for a certain time work agreement in Indonesia have been regulated from the highest legal guidelines based on the 1945 Constitution to various Ministerial Decrees. Then, legal protection for workers with a work agreement for a certain time is carried out in a preventive and repressive manner. Supervision is also carried out to maintain the continuity of work agreements in accordance with statutory regulations.]]>
<![CDATA[Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia ]]>
<![CDATA[Efraim Mbomba Reda]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Warmadewa ]]>
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DOI: 10.22225/juinhum.1.2.2431.35-39
<![CDATA[Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.]]>
<![CDATA[Pelaksanaan Investasi dalam Pengembangan Kawasan Budidaya Pertanian di Kabupaten Buleleng ]]>
<![CDATA[I Gusti Made Ngurah Bagus Andre Wedananta]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[One area carrying out development in Indonesia is Buleleng Sub-district in the Province of Bali. The development of the region is merely focused on developing the economic sector with priority on the agricultural sector expansion in a broad sense which is supported by the development of the tourism sector. One part of the agricultural sector development is the agricultural cultivation areas in the broadest sense with the support of funds from investment. Unfortunately, in reality, the development of this cultivation does not seem to have proceeded as expected. Therefore, this study addresses two issues related to this development. The first is whether or not the laws and regulations governing the development have been sufficiently capable of attracting the interest of investors in efforts to develop agricultural cultivation areas in the region of Buleleng, and the second is the extent to which the process of implementation of the development of agricultural area cultivation in Buleleng area has reached as well as obstacles encountered. To achieve these objectives, this study was conducted using the design and method of normative research and empirical legal research and also used statutory and conceptual approaches. The results of show the set of laws and regulations have the sufficient power to support the development of agricultural cultivation in the area, and the implementation of agricultural development in a broad sense has been carried out, and even the results have been felt and enjoyed by the community. One leading obstacle factor found is conversion of land functions along with evolution and revolution in human life. The attention and intervention of various parties in the efforts to develop and extend the areas in Buleleng Sub-district is still crucially necessary.]]>
