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Perlindungan Hukum Karyawan PT. Arta Sedana Retailindo yang Terkena Pemutusan Hubungan Kerja atas Klaim BPJS Ketenagakerjaan I Made Anggra; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Labor protection laws should provide a sense of security for workers at work, or in other words, workers may no more need to worry about working. One of the problems with workers regarding their rights contained in Social Security Administration Body for Manpower (BPJS Ketenagakerjaan) is when a termination of employment (PHK) occurs. In this regard, the research examines two issues: the form of legal protection for employees of PT. ASR imposed PHK related to BPJS Ketenagakerjaan claims and law enforcement that could be taken by the laid-off employees in question. This study aims to examine the form of legal protection and law enforcement efforts taken by employees who have been laid off due to BPJS Ketenagakerjaan claims. This research is an empirical legal research with a sociological approach. The research was conducted at PT. ASR and data were obtained from interviews and statutory studies. The results showed the legal protection for laid-off workers is set forth in the work contract and the labor participation in the BPJS Ketenagakerjaan refers to Law No. 13 of 2003 Article 156 paragraphs (1), (2), (3) and (4), Law No. 24 of 2011 of BPJS Ketenagakerjaan and law enforcement efforts undertaken are in the form of preventive and repressive forms. The corporates employing workers, in terminating the employment of employees, should absolutely not override their obligations which are the rights of their employees.

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

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 Pasien BPJS yang Mengalami Cacat Fisik Akibat Malpraktek Dokter I Wayan Agus Paramartha; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The need to fulfill patient rights stemming from the obligations of a doctor in a hospital so that it is deemed necessary to regulate medical practice in a law. Based on this background, it can be formulated that the purpose of this study is to determine the responsibility of doctors for malpractice that results in physical disabilities in patients and to determine legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors. The type of research in this paper uses normative legal research. The method that the author uses in collecting legal assistance is the method of observation and recording of a literature review obtained to be collected and arranged in such a way. The conclusion of this study is that if a doctor is responsible for carrying out medical treatment, it has been proven and can be proven that he has committed malpractice, then the forms of punishment that can be given are the release of permission from the medical profession by the Indonesian Medical Discipline Honorary Council. However, when there is a report from the victim or patient who is harmed to the police and it has been proven or can be proven, the doctor can be subject to civil, criminal and administrative penalties. Legal protection for BPJS patients who experience physical disabilities due to malpractice of doctors has been regulated in positive law in force in Indonesia

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

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.

Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit Ni Kadek Vikka Ayu Swandewi; Ni Luh Made Mahendrawati; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

Kewenangan Mengadili atas Penerapan Choice Of Law Pada Asuransi Pengangkutan Laut Ni Made Debi Ade Viskesia; I Nyoman Putu Budiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Transportation is currently developing very rapidly in the aspect of life, there are many transportations that provide cheaper prices than other transportation. To avoid the risks in sea transportation using sea freight insurance, but sea freight insurance still uses English law and its provisions. So that in the sea transportation insurance agreement the choice of law applies. The study examines the position of the choice of law in the settlement of maritime transportation disputes and explains the procedure for resolving disputes over the choice of law on the authority to adjudicate sea transportation. This study uses a normative research method with a statutory approach because there is still a conflict of norms, sourced from primary and secondary data. In the Civil Code Articles 1320 and 1338 it has been determined that the conditions for the validity of an agreement and agreements made legally will become law for those who make them. So apart from that, the choice of law in the jurisdiction to adjudicate is also contained in international civil law, thus in the settlement of maritime transportation insurance disputes that still use English law, it can be resolved by looking at the facts contained in the sea freight insurance agreement with the applicable laws. apply.

Sanksi Pidana terhadap Pemberi Kerja dalam Undang- undang No.11 Tahun 2020 tentang Cipta Kerja Kalingga Maulana Ibrahim; Nyoman Sugiartha; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Job Creation Law is a new law that is attracting controversy, especially among workers. The problem that can be raised in this is how to regulate the law and the law sanctions contained in this Job Creation law. The type of research used in this report uses the type of normative legal research with a statutory and conceptual approach. Collection of legal materials uses secondary legal materials collection. While the analysis used is a qualitative analysis. So that the result of this report can find how the legal arrangements and sanctions contain it because this Job Creation Law has changed the rules that are considered good in previous Laws such as regarding Minimum Wages, Outsourcing, Certain Time Work Agreement, Severance Pay and act.

Pengelolaan Objek Wisata Tirta Empul oleh Desa Adat Manukaya Let Tampaksiring Ni Putu Dewi Julianti; I Ketut Sukadana; I Putu Gede Seputra
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Indonesia is a country that is well known for the charm of its tourist attractions. The area in Indonesia having the most striking tourist objects is Bali. Bali has been an area known as the island of a thousand temples; the thickness of traditional culture combined with modern culture is its main attraction. One of the tourist objects offering aesthetic value in Bali is Tirta Empul, a place that is believed to be a place for bathing (melukad) with several springs that can make a person’s condition better than earlier. The purpose of this research is two-fold: to examine the management of the Tirta Empul tourist attraction in the Manukaya Let Tampaksiring Customary Village and to reveal the obstacles experienced by the customary villages in maintaining and managing these tourist objects. This study uses a normative legal research design. The results show that the village government made an agreement with the Tourism Office with the aim of developing Tirta Empul tourism attraction and preserving local culture. Some problems or deficiencies in smoothing the goal of cooperation include the lack of intention of the village community in managing the Tirta Empul tourist attraction, equipment and facilities that support cleaning of their respective tourist attractions and the number of tourists who do not pay attention to cleanliness by littering carelessly despite the many trash cans provided, thus creating heas.

Pengenaan Pajak Penghasilan Terhadap Pelaku Usaha Jasa Promosi Melalui Media Sosial Michael Lianwar Antolis; Ida Ayu Putu Widiati; I Putu Gede Seputra
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Income tax is a tax imposed on individuals/business entities on income earned in the tax year. Promotional service business actors are tax subjects who earn income that exceeds the non-taxable income and the income is obtained from activities promoting goods or services through social media, such as Instagram, YouTube, WhatsApp or other types of social media. The purposes of this study are to examine the regulation of income tax in promotional services business activities through social media as well as the mechanism for collecting income taxes against business actors in promotional services through social media. This study uses normative legal research methods, with legal materials consisting of primary legal materials and secondary legal materials. The collection of legal materials in this study was carried out by the recording method. The legal material analysis method used is argumentative technique. The result of the study shows that the regulation of income tax in promotional service business activities through social media, in this case YouTubers or Celebrities, is subject to income tax for those whose income exceeds Non-Taxable Income (PTKP) based on the Regulation of the Director General of Taxes Number PER-17/PJ/2015.

Sanksi Pidana Terhadap Pemberi Kerja dalam Undang-undang No.11 Tahun 2020 tentang Cipta Kerja Nyoman Sugiartha; Kalingga Maulana Ibrahim; I Putu Gede Seputra
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The Job Creation Act is a new law that is causing controversy, especially among workers/workers because the Job Creation Bill is considered detrimental to workers due to the imbalance of power relations in making agreements. The purposes of this study are to reveal the legal arrangements against employers in Law No. 11 of 2020 concerning Job Creation and criminal sanctions against employers if they do not comply with the provisions of the Job Creation Act. The type of research used in this study uses a normative legal research type with a statutory approach and a conceptual approach. The techniques for collecting legal materials are recording, summarizing, and quoting techniques. Sources of data used in the form of secondary and primary data which are then analyzed qualitatively. The results of the study reveal that there are criminal sanctions for entrepreneurs who pay labor wages below the district/city minimum wage as stipulated in Article 185 paragraph 1 of the Job Creation Law, namely a criminal threat for violating the criminal provisions, namely imprisonment for a minimum period of 2 years and a maximum of 4 years in prison and/or a fine of at least 100 million and a maximum of 400 million

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