Widiati, Ida Ayu Putu
Fakultas Hukum Universitas Warmadewa, Denpasar

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Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung) I Putu Krisna llham Wiantama; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.584 KB) | DOI: 10.22225/jkh.2.2.3229.315-319

Abstract

There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.
Penegakan Hukum Larangan Berburu Satuan Liar di Wilayah TNK Labuan BAJO Manggarai Barat Fransiskus Leric Kleden; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (495.735 KB) | DOI: 10.22225/jkh.2.2.3235.228-232

Abstract

The diversity of fauna in Indonesia is Yaranus komodoensis in the Komodo National Park (TNK) Labuan Bajo, East Nusa Tenggara. Currently, Kornodo is suspected of experiencing local extinction, thought to be caused by a reduced deer population due to illegal hunting, law enforcement on the prohibition of hunting wildlife in the area is still ineffective considering that hunting of wild animals is still happening. Efforts are made to increase the effectiveness of law enforcement on wildlife hunting by socializing the community and increasing the number of forest police officers in each region. . The research method used is empirical legal research, meaning that a study examines the problem based on the facts that occur in the field. From the research, there was hunting of deer wildlife in Komodo National Park. The purpose of this research is to determine the enforcement of the law on the prohibition of hunting wildlife in the Kornodo National Park and to find out the effectiveness of enforcing the law on the prohibition of hunting wildlife in the Komodo National Park.
Kebijakan Pemerintah dalam Memberikan Insentif Pajak Penghasilan Pasal 21 Kepada Wajib Pajak Terdampak Pandemi Covid-19 I Putu Widya Laksana Pendit; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.981 KB) | DOI: 10.22225/jkh.2.2.3266.418-423

Abstract

The Covid-19 pandemic has been going on since the end of 2019 and has had a huge impact in the health, social and economic recession in Indonesia. The Government needs to take policies to anticipate these problems through fiscal policy. One of the policies issued was the provision of income tax incentives article 21 to affected workers. The problems of this research cover the substance of government policies in providing income tax incentives article 21, and the impact of providing income tax incentives article 21 for workers. The research method used is a normative legal research method, with a statutory and conceptual approach to the problem. The technique of collecting legal materials is carried out by recording, identifying, inventorying, and compiling according to the types of available legal materials. Based on the research results, it was found that the provision of Article 21 income tax incentives and borne by the Government has specific requirements regarding the business category and the amount of salary of workers who have the right to get the incentives. This is regulated in the Minister of Finance Regulation and implementation instructions through a letter from the Directorate General of Taxes Number SE-47/PJ/2020. The impact of providing this incentive can increase workers' income because income tax of Article 21 is borne by the government and helps workers maintain purchasing power. Thus, it can be concluded that the provision of income tax article 21 which is borne by the government has a fairly good impact on workers who meet the criteria and requirements, so that workers can also get incentives that are appropriate to their work and are able to support their daily needs.
Fungsi Badan Permusyawaratan Desa (BPD) dalam Pembentukan Peraturan Desa di Desa Sanding Kecamatan Tampaksiring Kabupaten Gianyar Agus Leo Adi Wibawa; Ida Ayu Putu Widiati; A.A. Sagung Laksmi Dewi
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (177.636 KB) | DOI: 10.22225/jkh.2.3.3617.444-449

Abstract

BPD has the task of making rules with the village head, taking and proposing community ideas, therefore the BPD as a deliberation body originating from the village community, in addition to carrying out its duties as an intermediary between the village head and the village community, also carries out its main function, namely the function of representation. The purpose of this research is to reveal the function of the Village Consultative Body in the formation of Village Regulations and the obstacles to implementing the functions of the Village Consultative Body in the formation of Village regulations in Sanding Village, Tampaksiring District, Gianyar Regency. The type of research used is empirical legal research using a sociological juridical approach. The data collection technique was carried out by field research. The data sources used are primary and secondary which are then analyzed systematically and linked to other legal materials. The results of the research reveal that the functions of the Village Consultative Body in forming the Village Regulations include, among others, being able to prepare and propose draft Village Regulations. Draft Village Regulations can be proposed by members of the BPD to the leadership of the Village Consultative Body to be determined as a draft Village Regulation proposed by the BPD. Barriers to the implementation of functions in the formation of village regulations, namely, first, juridical obstacles include: Lack of knowledge and experience of BPD members, understanding of the laws and regulations regarding villages of BPD members, many BPD members with low levels of education and secondly, non-juridically, namely the presence of BPD members in the preparation and understanding of the legal basis for the formation of village regulations is still low and the application potential of the village is also low.
Pelaksanaan Pemungutan Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) di Kota Denpasar Anak Agung Triana Putri; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (182.067 KB) | DOI: 10.22225/jkh.2.3.3618.450-455

Abstract

Gaining authority regarding buildings and land arises as a result of changes that cover the events and activities of individuals or legal entities as legal subjects who are given the responsibility to have rights to land and buildings by active laws and regulations. The purpose of this research is to reveal the implementation of the collection of Customs for the Acquisition of Land and Building Rights (BPHTB) for the transfer of rights in Denpasar City as well as the obstacles and and efforts to solve problems in the implementation of the collection of BPHTB. The method used is empirical legal research with a case approach. The data collection technique was carried out by field research. The sources of legal data used are primary and secondary, then the data is analyzed systematically. The results of the research reveal that the collection of BPHTB in the city of Denpasar uses an online system that has been regulated in the regulation of the mayor of Denpasar number 17 of 2016 which is contained in Article 5 by depositing the amount of payment to the BPD bank and paying taxes in the city of Denpasar, using a self-assessment system. The Denpasar City Government Regulation in determining the selling value in buying and selling transactions is based on verification and validation in contrast to the self-assessment system, the results of verification and validation often get the selling value set by the Regional Revenue Service which is much more than the actual value.
Penyelesaian Perjanjian Kredit Terhadap Debitur yang Wanprestasi di Pt. Bank Perkreditan Rakyat Hari Depan Denpasar Ni Made Lady Ruslya; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.376 KB) | DOI: 10.22225/jkh.2.3.3631.531-536

Abstract

Indonesia is a developing country, this development is followed by rapid competition. In carrying out activities in any field, especially in economic activities, the community should not act recklessly but must follow the applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to process funds owned or borrowed funds to open a business. One of them is a bank that is engaged in the financial sector. People's credit banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff to not think about the amount of collateral used with borrowed funds, resulting in frequent defaults. This study examines the factors that cause default in the credit agreement at PT. The People's Credit Bank for the Future of Denpasar and explained the efforts of PT. The People's Credit Bank of Denpasar is in the process of settling debtors who are in default. Researchers conduct direct information searches through interviews or empirical research with a case and legislation approach. Furthermore, the data were analyzed using qualitative descriptive. The factor for the occurrence of default is due to the negligence of the bank in complying with the rules that have been outlined. Efforts made to customers who are in default are conducting coaching, rescuduling, reconditioning and restructuring, if not fulfilled, a settlement will be carried out under the hands of selling both parties, the last stage is the determination of execution through the court. If the determination has been granted, the creditor immediately carries out the execution in accordance with.
Penegakan Hukum Terhadap Pelanggaran Izin Trayekd di Kabupaten Manggarai Tengah Mariano Roberto Solsepa; Ida Ayu Putu Widiati; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.159 KB) | DOI: 10.22225/jkh.2.3.3634.515-519

Abstract

The transportation sector has an important role in increasing the mobility of citizens, so the task of the Central Manggarai Regency Transportation Agency is to issue permits for carrying out transportation of people on routes in the form of public transport permits and curbing public transport that does not have a route permit. The method used in this research is empirical legal research. From the results of the study there are still many route permit violations in Central Manggarai Regency. This study aims to determine the effectiveness and law enforcement of Manggarai Tengah District Regulation No.18 of 2011 concerning Route Licensing Retribution. To find out the effectiveness and enforcement of Regional Regulation No.18 of 2011, the theory used is legal effectiveness. Regulations for Route Permits in Central Manggarai Regency can be said to be ineffective given the many violations of public transport route permits. Efforts made in enforcing public transportation that do not have a route permit in Central Manggarai Regency are socializing to owners of public transport services about the importance of public transport route permits.
Implementasi Peraturan Daerah N0mor 2 Tahun 2015 terhadap Pedagang Kaki Lima Kendaraan Bermobil di Kota Denpasar Selama Pandemi Covid-19 Ayu Yuliany Adisti; Ida Ayu Putu Widiati; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (205.854 KB) | DOI: 10.22225/jkh.2.3.3670.634-639

Abstract

Since the Covid-19 pandemic, many people have become street vendors in cars and park their vehicles on the side of the road. This violates the Denpasar City Regional Regulation Number 2 of 2015, therefore this study aims to examine the implementation of the Denpasar City Regulation Number 2 of 2015 concerning Street Vendors (PKL) for Mobile Vehicles and discuss the supervision of the PKL policy for motorized vehicles during the Covid-19 pandemic 19. The empirical research method based on the data obtained is from the results of observations, interviews, and documentation. Then the results of the data relevant to the formulation of the problem in this study were analyzed qualitatively and explained descriptively. From the results of the research conducted, it shows that the implementation of the policy of Street Vendors in Denpasar City cannot be carried out properly in accordance with the Denpasar City Regional Regulation Number 2 of 2015 due to the current pandemic situation and conditions which have resulted in many people being sent home and fired from their workplaces. forced to become a car dealer for daily income. The obstacle faced by the government in supervising street vendors is that it is difficult to register and appeal to them because it is easy to move from one place to another.
Pengendalian Pemanfaatan Tata Ruang dalam Sistem Zonasi Pembangunan Hotel Melalui Perijinan Kabupaten Badung Alda Vidia Vergionita; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.263 KB) | DOI: 10.22225/jkh.3.1.4225.6-11

Abstract

The building structure states the existence of a sacred area in each of these hotels and villas. After being investigated and plugged into the direct location, there are indeed, however, the sacred area seems very far from the reach of the community and very close to the swimming pool. Because of a permit that can be violated issuing and grating permits in the construction of hotels and villas in the education area. From this problem, the formulation of the problem that occurs is how effective is the application of sanctions for violators of the use of Spatial Planning in hotel development in the Badung regency? What are the obstacles in implementing spatial zoning through the construction of licensed hotels in the Badung Regency? The type of research used in this research is empirical juridical research, considering that this research uses data or facts that exist in the field and is studied based on laws and regulations related to the issues raised. The results of this study indicate that the responsibility for laying spatial layouts is detrimental to the community in the district where the area is used as a means for education, not a means of tourism and the like.
Kewenangan Pemerintah dalam Pembubaran Organisasi Kemasyarakatan I Gde Pasek Ari Krisnadana; I Gusti Bagus Suryawan; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (242.828 KB) | DOI: 10.22225/jkh.3.1.4242.98-103

Abstract

Ormas, which are familiarly referred to as community organizations, are organizations that exist and are formed from the community voluntarily based on the same needs, interests, common aspirations, activities and goals in participating in development for the sake of the Unitary State of the Republic of Indonesia based on Pancasila. The purposes of this study are to reveal the scope of government authority in the dissolution of civil society organizations in Indonesia and the mechanism for the dissolution of civil society organizations in Indonesia. The research method used is normative legal research with a statutory approach. Sources of legal materials used in the form of secondary and primary legal sources through recording and documentation studies in which legal materials and data are managed using interpretive analysis. The results of the study indicate that the scope of government authority in the dissolution of community organizations is based on the attribution authority. Regarding the mechanism for dissolving community organizations, it refers to the provisions of Law Number 16 of 2017 concerning Ormas. The author suggests that the government always conduct socialization and supervision related to the activities of community organizations so that the community and mass organizations must be guided by the 1945 Constitution of the Republic of Indonesia and Pancasila because it is the most important principle in establishing community organizations.
Co-Authors A A Gd Jelantik Wisnu Putra A. A. Sagung Laksmi Dewi A.A Agung Laksmi Dewi A.A Gede Diotama A.A Sagung Laksmi Dewi A.A Sagung Laksmi Dewi A.A. Sagung Laksmi Dewi A.A.Gde Oka Wisnumurti Ade Marcelian Pande Adi Permana Agung Agus Leo Adi Wibawa Alda Vidia Vergionita Anak Agung Gede Cahya Ditya Yuniarsa Anak Agung Istri Agung Anak Agung Triana Putri anastasia Ayu Yuliany Adisti Budayasa, I Made Darma Budi Setiawan Dendy Martono Prabowo Dewa Ketut Swanjaya Tirta Dewi, A.A Agung Laksmi Dinda Aurelia Danian Fransiskus Leric Kleden Garry Gerrson Riwu I Dewa Gede Dwipayana Putra I Gde Pasek Ari Krisnadana I Gede Andik Surya Dana I Gede Gita Ananda Putra I Gede Ivan Wahyu Pramana I Gede Mahendra Juliana Adiputra I Gede Wijaya Kusuma I Gusti Agung Ketut Bagus Wira Adi Putra I Gusti Bagus Suryawan I Gusti Bagus Suryawan, I Gusti Bagus I Gusti Made Jaya Kesuma I Gusti Ngurah Md Rama Andika I Kadek Arimbawa I Kadek Candra Karunia Bagiarta Putra Sugiantara I Kadek Edy Sanjaya I Kadek Windi Pranata Putra I Ketut Adi Gunawan I Ketut Gede Purnayasa I Ketut Irianto I Ketut Irianto I Komang Edy Susanto I Made Adi Karsa I Made Andi Putra Mahardika I Made Ari Nurjaya I Made Bayu Ari Budi Utama I Made Budayasa I Made Dwi Payana I Made Dwi Sanjaya I Made Hadiyanta Purnama Sardi I Made Karnadi I Made Mardika I Made Minggu Widyantara I Made Minggu Widyantara I Made Nova Wibawa I Made Suniasta Amertha I Made Suwitra I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Sadhu Bramanta I Nyoman Sumardhika I Nyoman Sumardika I Nyoman Sutama I Nyoman Sutama I Putu Baladeva Vidyasagara I Putu Gede Seputra I Putu Krisna llham Wiantama I Putu Putra Ariasa I Putu Raditya I Putu Widya Laksana Pendit I Wayan Artanaya I Wayan Arthana I Wayan Arthanaya I Wayan Arthanaya I Wayan Arthanaya I Wayan Febrianto I Wayan Geng Krisna I Wayan Rideng I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Kristina Dewi Ida Bagus Gede Sesana Dharma Indah Permatasari Indah Permatasari Irianto, I Ketut Kadek Dini Destianingsih Kadek Dyah Pramitha Widyarani Kadek Edi Duangga Putra Kadek Mahadewi Kadek Yogie Adi Pramata Karma, Ni Made Sukaryati Ketut Adi Wirawan Ketut Adi Wirawan, Ketut Adi Komang Sutriani Komang Triana Ayunita Luh Made Mahendrawati Luh Putu Suryati Lukman Hakimi Made Agus Satria Wahyudi Mariano Roberto Solsepa Michael Lianwar Antolis Ngakan Gede Bagus Widyagraha Ni Gusti Ketut Sri Astiti Ni Ketut Sri Astiti Ni Komang Ayu Sri Widiari Ni Komang Rosi Triana Ayu Nuratih Ni Luh Sandiani Ni Made Ina Sulastini Ni Made Lady Ruslya Ni Made Puspasutari uj Ni Made Puspasutari Ujian Ni Made Puspasutari Ujianti Ni Made Puspasutari Ujianti Nyoman Satria Bismantara Pande Gede Mantra Artha Wicaksana Pande Putu Gede Parwata Putu Ananda Sari Putu Ayu Irma Wirmayanti Putu Budiartha, I Nyoman Putu Dyah Prastiti Sukma Febriany Putu Sandiawan Putra Wiranata Putu Suryani . Rina Pratiwi Pudja I. A Setiawan, I Putu Yudi Suryani, Luh Putu suryawan, Gusti Bagus Umbu Rendhy Ahadie Ndjurumbaha Wiguna, Putu Gede Satya