Articles
<![CDATA[Model Pendaftaran Hak Atas Tanah Pauman Sebagai Pemberian Raja untuk Pelestarian Warisan Nilai Budaya di Kabupaten Karangasem ]]>
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Putu Sawitri Nandiri]]>
<![CDATA[ PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 2 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Padjadjaran ]]>
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<![CDATA[Tanah merupakan salah satu bagian terpenting bagi masyarakat. Keterikatan masyarakat dengan tanah yang dipijak semakin kentara bagi suatu masyarakat adat. Tidak jarang kepemilikan atas tanah adat pun berpotensi menimbulkan konflik, sebagaimana yang akan dibahas dalam artikel ini. Tanah Pauman merupakan objek pembahasan tulisan ini dan secara spesifik akan dibahas bagaimana model pendaftaran hak atas tanah dalam perspektif Hukum Agraria Nasional dan implikasi pendaftaran tersebut. Dari hasil penelitian ditemukan bahwa konversi tanah pauman dengan menggunakan ’Pura Pauman’ sebagai subjek hak merupakan model pendaftaran menurut Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria yang mampu melestarikan ’pemilikan komunal pauman’ serta aspek kepastian hukum, perlindungan, kemanfaatan sekaligus sebagai upaya pelestarian warisan nilai budaya. The Model of Registration on The Right of Pauman Land as King’s Rewards to Preserve The Cultural Heritage in Karangasem District AbstractLand is among the most important aspect of a community. It is even more evident in the tight-knit relationship between indigenous people and their land. Unfortunately, there are often conflicts regarding ownership of indigenous land as will be discussed in this article. This article will be discussing the issues regarding Pauman Land, specifically how is the model of land registration under the Basic Agrarian Law perspective and the implications that will follow. The result of the research shows that the conversion of Pauman Land by using ‘Pauman temple’ as a subject of right is the registration model pursuant to Basic Agrarian Law which is able to preserve ‘pauman communal ownership’ as well as legal certainty aspect, protection, expediency as the effort of heritage cultural value at once. Keywords: legal certainty, cultural value, heritage cultural preservation, land registration, Pauman land. DOI: https://doi.org/10.22304/pjih.v4n2.a10]]>
<![CDATA[Penegakan Hukum terhadap Penyalahgunaan Tindak Pidana Narkotika ]]>
<![CDATA[I Gede Darmawan Ardika]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2569.286-290
<![CDATA[Drug abuse from year to year has always been increasing, not only in adults but also among adolescents and children. The cause of this abuse consists of two factors, namely internal and external factors. With these problems, this study aims to determine the regulation of criminal sanctions against narcotics abuse and to find out the application of criminal sanctions against narcotics abuse. This research uses the normative method. Sources of data used are sources of secondary legal materials obtained through document, and analysis of legal materials using legal arguments. The results of the study show that the sanctions against narcotics abuse are regulated in Law Number 35 of 2009 concerning Narcotics Articles 111 to 148. Then, criminal sanctions against narcotics abuse are in the form of imprisonment and fines. The criminal system against narcotics abusers uses a double track system, namely implementing criminal sanctions and sanctions for action at once]]>
<![CDATA[Pertimbangan Hukum terhadap Putusan Lepas dari Segala Tuntutan Hukum (Ontslag Van Rechtsvervolging) ]]>
<![CDATA[Anak Agung Gede Wiweka Narendra]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2595.243-250
<![CDATA[People’s knowledge and understanding of the community, especially law enforcement officials as the one who implement the laws and regulations, often causes mistakes in interpreting the criminal act of fraud. Evidence shows that the public or law enforcement officials who carry out their duties if a legal relationship is carried out by someone with another person, which was originally very civil in nature (individual contract), can often develop into a complex problem because it contains other juridical aspects, for example the dimension of the crime. This study aims to determine the judge's consideration in giving a decision that is free from all lawsuits as well as the legal remedies that can be made on a decision that is free from all lawsuits in criminal cases. This study uses a descriptive normative research method. Sources of data used are secondary legal materials as the basis for research. Data collection in this study was carried out by literature study (document study), namely the collection of legal materials through written legal materials with deduction analysis techniques. Deductive analysis is drawing conclusions from general matters regarding the concrete problems faced. After the analyzing the data, the results showed that the basis for the judge's consideration of giving a verdict that is free from all lawsuits is if the accused can be proven legally and convincingly and strengthened by evidence so that the judge's conviction is obtained but it is not included in a criminal act as contained in Article 191 point (2) KUHAP which requires that it be declared to be released from all legal demands.]]>
<![CDATA[Upaya Pencegahan Anak sebagai Korban Kekerasan Seksual melalui Dunia Maya ]]>
<![CDATA[Desak Ketut Linda Saraswati]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2960.15-18
<![CDATA[Since being in the womb, the child has dignity as a whole human being given by God Almighty. A child who is born must get his rights without the child asking. Children who are part of the next generation with the ideals of the nation have a strategic role in ensuring the existence of the nation and state in the future. Sexual violence against children today does not only occur physically but has penetrated cyberspace. This is because it is easy to access cyberspace, especially social media, by various groups ranging from children, adolescents and even parents. This study uses the normative legal method, namely a library research to obtain legal materials. The results of the analysis show that prevention can be done through preventive and repressive measures. Preventive efforts through a family environment that implements the 18-21 program, which means that at 18.00 to 21.00 the time for children and parents to have dialogue and interaction, which was first implemented in Padang City. Besides parents, so that they can give more time and attention to children. Repressive measures are taking action against perpetrators of sexual violence against children through cyberspace in accordance with applicable laws and regulations so that the perpetrators have a deterrent effect and do not repeat it on another day.]]>
<![CDATA[Tindak Pidana Pengguguran Kandungan oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia ]]>
<![CDATA[Kadek Jiyoti Mahayana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2983.138-143
<![CDATA[Abortion treatment is a problem that is contrary to any religion and the laws of Indonesia. However, it is known that there are also those who support and those who oppose abortion, which often happens to women who experience pregnancies as a result of rape, because women victims of rape who undergo abortion also need attention to their psychological conditions who are traumatized about the events that have happened to them. This study aims to examine the legal protection of rape victims who have aborted based on the Criminal Code and explain the criminal act of abusing the womb by victims of rape in the reform of the Criminal Code. This type of research is normative legal research with a conceptual approach. Primary and secondary legal data sources. The results of the study show that the legal protection of rape victims who have aborted their womb in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others as described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women rape victims who do abortions which can cause psychological trauma, the regulation of which is stipulated in law no. 36 of 2009 Article 75 paragraph (2). In the Criminal Law Reform Regulations on abortion are regulated in the Draft Criminal Code 2019, Chapter XXI, which is included in the second part of the crime against life regarding abortion, article 470 to article 472 of the 2019 RUUKUHP.]]>
<![CDATA[Perlindungan Hukum bagi Konsumen atas Malpraktik Jasa Tukang Gigi ]]>
<![CDATA[I Made Ari Yudistira]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3218.265-270
<![CDATA[Number of dental artisans who practice beyond their authority limits. Even so, there are still many who go to dental artisans due to social disparities. There are many cases of violations that cause material and non-material losses to consumers, but health service providers are not responsible. This thesis discusses how to protect consumers and sanctions against perpetrators in the event of malpractice of dental artisans. The purpose of this study was to determine the protection for consumers in the event of malpractice of dental artisans and to know the sanctions against perpetrators of malpractice in dental artisan services that harm consumers. The type of research used is the type of normative legal research, the discussion is carried 0111 by examining legal materials. Analysis of legal materials uses extensive and restrictive interpretations, namely expanding and narrowing the meaning of a law, in addition to using descriptive analysis, namely the exposure of research results. Based on the results of the research, the legal regulation of consumer protection against malpractice of dental artisans which is regulated in the UUP K, the rights of every consumer in Article 4. Dental artisans as business actors have the obligation to comply with laws in this case regarding duties and authorities. Meanwhile, legal sanctions for perpetrators can be divided into 3, namely administrative, civil and criminal sanctions. Therefore, the government needs to carry out regular monitoring of cases like this in the direct field]]>
<![CDATA[Tanggung Jawab Pidana Korban Pemerkosaan Aborsi Janin Ditinjau dari Perspektif Hak Asasi Manusia ]]>
<![CDATA[Ni Luh Putu Sri Laksemi Dharmapadmi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[l Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3223.283-289
<![CDATA[Indonesia is a Legal State whose all aspects of citizens' lives are always rules and norms, be it sanctions or legal responsibilities that participate in growing in society. Responsibilitycan not only be imposedon the wrong-maker but the victim can shoulder this. From the statement, there are problems, namely the legal protection of victims of fetal abortion rape reviewed from a human rights perspective and criminal sanctions againstfetal abortion perpetrators based on human rights. This study aims to determine how the law of covering rape victims who perform fetal abortion. This writing uses the normative legal writing method where the writing is about principles, norms, and rules. In this writing the rape victim who decided to abort her fetus, this certainly makes the responsibility carried also by the victim who abortions her fetus caused by rape and makes the pregnancy that is not stopped that leads to abortion. Surely this is very contrary to the criminal law as well as the human rights of thefetus. Thispaper describesthat the responsibility of rape victims to the fetus abortion can be seen in terms of the human rights of a fetus and the victim himself.]]>
<![CDATA[Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016 ]]>
<![CDATA[Erlin Kusnia Dewi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3226.296-302
<![CDATA[The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Dokter yang Melakukan Malpraktck dalam Memberikan Pelayanan Kesehatan di Tengah Pandemi Covid 19 ]]>
<![CDATA[Aditya Ryan Hidayat]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3228.309-314
<![CDATA[Malpractice is an act of wrongdoing and action; thus, medical malpractice is the act of a health worker who is wrong in carrying out the medical profession (Professional misconduct) both from the point of view of ethical norms or leg al norms. The formulation of the problems in this study are (I) What is the legal arrangement for doctors in providing health services in the midst of the Covid 19 pandemic What is the form of criminal responsibility for doctors who commit malpractice in providing health services in the midst of the Covid I 9 pandemic. This study uses the research method of normative Jaw. This study uses two problem approach methods, namely the statutory approach and the legal concept approach. This study also uses three sources of legal materials, namely primary, secondary and tertiary legal materials. The purpose of this study is to determine the legal arrangements that govern health services in the midst of the Covid-19 pandemic. The main source of this research is the Criminal Code, Law Number 36 Year 2009 and Law Number 29 Year 2004. The results obtained from this study are criminal sanctions that can be imposed on doctors regarding malpractice in the middle. The Covid 19 pandemic is article 267 paragraph (I), 294 paragraph (2), 359, 361 KUHP, and article 190 of Law Number 36 of 2009 concerning Health, as well as article 79 of Law Number 29 of 2004 concerning Medical Practice. For the government to pay more attention to the health sector, especially regarding malpractice]]>
<![CDATA[Perlindungan Hukum terhadap Anak Sebagai Korban Eksploitasi Seksual Komersial di Media Sosial ]]>
<![CDATA[Putu Cyntia Rizdyanti]]>;
<![CDATA[Agung Anak Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3232.332-337
<![CDATA[Indonesian citizens as a part of the elements of the world community who have a big responsibility to protect children's rights especially in human rights, which play a major role in maintaining children's welfare in social life. However, currently the exploitation of children is a problem that often occurs on social media, every child has the right to obtain a form of protection from all criminal acts of sexual exploitation. The government plays a role in protecting all forms of children's rights and providing education about the dangers of sexual exploitation on social media. This research uses the method of writing normative law which refers to the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines of the technique of collecting of data carried out by the literature, legislation which is associated with the type of normative legal research by analyzing each books to select the appropriate topic of the research that is analyzed systematically and link it with other materials. The results of the research revealed that sexual exploitation of children on social media is mentioned as a violation of what is contained in dealing with the form of protection given to a child as a victim of commercial sexual exploitation on social media. The criminal offense for child exploitation is to pay one hundred million rupiahs with five years in prison.]]>
