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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

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.

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

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.

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

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

Implementasi Fungsi Pengawasan DPD RI terhadap Pelaksanaan Otonomi Daerah di Provinsi Bali I Kadek Arimbawa; Ida Ayu Putu Widiati; A.A Sagung Laksmi Dewi
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.

Akibat Hukum terhadap Pembelian Suatu Barang Secara Online I Gusti Bagus Guna Mahayana; A.A Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Problems related to customer affairs will be something that is always in the spotlight for a very long time then the losing party is always on the customer side. The rights that have been promised by business actors who prioritize quality do not match customer expectations. The lack of customers regarding the legal basis and what should be their rights is very weak, this is the opportunity to get more results and do not carry out procedures that should be the obligation of entrepreneurs. So that many violations occur even to the point of violating the law and harming customers. This study aims to examine the legal arrangements regarding the purchase of goods online and examine criminal sanctions against online objects that commit fraud. This study uses a normative method because there are still vague norms, with a legislative and conceptual approach. The data used is from library data collected through literature research and reviewing the legislation. After the data was collected, it was then analyzed by descriptive qualitative data analysis. The results of the study indicate that the legal regulation of an act of business actors to consumers in online buying and selling includes an act that is prohibited for business actors by fulfilling certain elements in accordance with existing regulatory provisions and has been contained in the 2015 Criminal Code Law. in 6 articles, starting from Article 613 to Article 618, then the sanctions applied can be in the form of administrative sanctions or imprisonment

Efektivitas Undang-Undang No. 35 Tahun 2009 dalam Tindak Pidana Narkotika I Putu Suputra; A.A Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Currently, drugs in Indonesia are very rampant. The negative impact caused is enormous. Supervision and control as an effort to eradicate and prevent the circulation of narcotics are indispensable for crimes in this field that continue to develop in terms of quality and quantity which lead to the destruction of the nation's new generation. This research was conducted with the aim of describing the application of sanctions against narcotics crimes in decision Number 564/Pid.Sus/2018/PN.DPS and the judge's consideration on the application of sanctions in the Narcotics Crime Decision in Decision Number 564 / Pid.Sus/2018/PN.DPS. This research used a normative legal research method. The results of this study indicated that the application of narcotics criminal sanctions, especially in decision number 564/Pid.Sus/2018/PN.DPS is in accordance with what is stipulated in Law No. 35 of 2009 concerning Narcotics with various articles of bondage and strict laws in accordance with the evidence as evidence of the government's seriousness in providing a deterrent effect, safeguarding, overcoming, and saving or protecting a nation from the dangers of narcotics. In addition, the judge's consideration in making a decision on narcotics crime in decision number 564/Pid.Sus/2018/PN.DPS is in accordance with the evidence, where proof requires at least 2 (two) evidence to consider a fact that is in the trial and is assisted by a judge's decision who will later decide on a case.

Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung Ria Putriliana Waskita; A.A Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.

Pertanggungjawaban Pidana Pada Anak Terhadap Pelanggaran Lalu Lintas yang Menyebabkan Kematian I Made Dwi Satya Anggara; A.A Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Lately, the number of children who often do criminal traffic violations, It is so menghawatirkan because it is not uncommon to traffic violations cause a crash to arise the victim died. Not only that, problems also arises in terms of responsibilities, in this case the victim died from a traffic offence committed. The purpose of this research is to analyse the responsibility of children against traffic offences which cause the victim's death. The method used in writing this essay is primary legal material. Based on the research conducted found that the age of the child greatly influences the overthrow of punishment on the child. Children aged under 14 years can only be charged penalties act whereas the provision of criminal sanctions is a child aged over 14 years to 18 years old according age limit child according to Act No. 35-year 2014 About child protection article 1 point 1. Provision of criminal sanctions of prison-related responsibilities against the crime that he had arranged with the penalty provisions based on ½ (one-) maximum threat from adults in accordance to article 81 paragraph (2) of Act No. 11 years 2012 about the criminal justice system.

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