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<![CDATA[Pengenaan Sanksi Adat Bagi Pelaku Tindak Pidana Penyalahgunaan Wewenang Terhadap Keuangan Pada Lembaga Perkreditan Desa (LPD) Tuwed Kecamatan Melaya Kabupaten Jembrana ]]>
<![CDATA[Kadek Mas Aditya Mahottama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4804.234-239
<![CDATA[Abuse of authority in customary village institutions is not only sanctioned by national law but also sanctioned by customary law or commonly called awig – awig. For example: the abuse of authority that occurred in the Village Credit Institution (LPD) Tuwed, Melaya District, Jembrana Regency. This research was conducted to examine the form of imposition of customary sanctions for perpetrators of criminal acts of abuse of authority over finances at the Tuwed Village Credit Institution (LPD) Melaya District, Jembrana Regency. The research method used in this research is empirical legal research by approaching people who can be used as sources. Sources of data used in this research are primary and secondary data. Data were analyzed using qualitative analysis methods. The results in this research are: The existence of customary law in the national legal system is still gray until now because in several cases that occurre which should have involved customary law or customary village awig - awig but during the settlement process it seemed that it had no power or ignored in court proceedings and national law. And the abuse of authority over finances at the Tuwed Village Credit Institution for the settlement of criminal cases through customary law consists of the first, the mediation system, and second, the restorative justice system and the sanctions given based on customary law in the form of social sanctions.]]>
<![CDATA[Larangan Penguasaan Tanah Oleh Wna Melalui Perjanjian Nominee ]]>
<![CDATA[Kadek Ramdhana Wija Dharma]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4806.246-251
<![CDATA[A nominee agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the land with the right of ownership legally. de facto, but legally-formally (de jure) the land with the right of ownership is in the name of an Indonesian citizen. Foreign nationals who control land owned by Indonesian citizens by entering into a nominee agreement. This research was conducted to examine the form of prohibition of land tenure by foreigners through the Nominee Agreement. The research method used is an empirical method with a statutory regulatory approach and conceptual approach. This study uses primary legal materials and secondary legal materials. data collection techniques by collecting, studying, exploring and reviewing documents in depth relating to the problems studied. The data collected were analyzed using qualitative methods. The results of this study indicate that the validity of the nominee agreement and the legal position of foreign citizens in land tenure through the nominee agreement. The legal force of a nominee agreement can be seen from the fulfillment or not of the legal requirements of an agreement as specified in Article 1320 of the Civil Code and good faith at the stage of contract formation, negotiation and signing of the nominee agreement]]>
<![CDATA[Efektivitas Pelaksanaan Peraturan Bupati Karangasem Nomor 42 Tahun 2020 dalam Upaya Pencegahan dan Pengendalian Covid-19 di Kabupaten Karangasem ]]>
<![CDATA[Ni Made Sasmita Ayuningrum]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4808.259-263
<![CDATA[Currently the Karangasem Regency government is trying to reduce the positive number of Covid-19 in Karangasem Regency which has increased quite drastically, so the Karangasem Regent issued Regent Regulation Number 42 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort for Prevention and Control of Coronavirus Disease 2019 in New Era Life Order. This research was conducted to examine the effectiveness of the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent and control Covid-19 in Karangasem Regency. The research method used is empirical legal research. This research applies a field approach, a Legislative approach, and a case approach. Sources of data used in the form of primary legal data and secondary legal data. The data analysis method used is a qualitative method. The results of this study indicate that the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in controlling Covid-19 in Karangasem Regency has gone well according to the applicable laws and regulations. Factors inhibiting the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent Covid-19 in Karangasem Regency There are internal factors and external factors, so that in terms of community compliance in obeying the rules, it is very important.]]>
<![CDATA[Peran Badan Usaha Milik Desa (BUMDES) Dalam Pengelolaan Keuntungan Objek Wisata Di Desa Ekasari Kabupaten Jembrana ]]>
<![CDATA[Ni Putu Ayu Diah Novianti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4812.281-286
<![CDATA[The government strives to improve the community's economy, one of which is through Village-Owned Enterprises. Village-Owned Enterprises are institutions that were formed as an effort by the village government to improve the welfare of rural communities in accordance with their potential. Ekasari Village has tourism potential, the role of BUMDes is needed for its management. The purpose of this study was to analyze the management of tourism object profits by the Ekasari Village Owned Enterprise. The study was conducted using empirical methods and a sociological approach to law. The data used in this study are primary data and secondary data. Data were analyzed using qualitative descriptive methods. The results showed that BUMDes Ekasari made efforts related to regulating the development of tourism objects, namely by coordinating with tourism object managers so that they could be managed directly by the BUMDes Ekasari. Ekasari BUMDes profits are obtained through other business units, which will later be used for capital reserves, village income, and social funds. In addition, the role of the Village Government, Ekasari BUMDes to the community is very much needed in order to achieve the prosperity of the Village community through structured management of Ekasari BUMDes.]]>
<![CDATA[Efektivitas Pemberian Kredit Pada Lembaga Perkreditan Desa (LPD) Desa Pakraman Rangkan, Kecamatan Sukawati, Kabupaten Gianyar, Provinsi Bali ]]>
<![CDATA[Dwitya Candra Yasa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4815.301-305
<![CDATA[Bali creates an economy that is able to prosper its people so that there are several institutions. One of which is a microfinance institution, namely Village Credit Institution (Lembaga Perkreditan Desa) located in all Pakraman villages in Bali. The purpose of establishing the Village Credit Institution (LPD) is to support rural economic development by improving people’s saving habits, providing credit for small-scale businesses. Creditors can provide credit to their members, and members who borrow (debtors) can return the credits obtained according to the agreement they made. Success can be defined as effectiveness. This research was conducted through a qualitative descriptive with empirical methods. Sources of data used in the form of primary data obtained from observations to LPD Pakraman Rangkan Village and secondary funds obtained from books and related references. These data sources were then processed qualitatively to obtain data that were relevant to the issues raised and presented in full in relation to certain aspects related to the problem and then analyzed its validity. The results showed that lending to the LPD of Pakraman Rangkan Village has not been implemented effectively because the LPD disburses credit only to people who have collateral goods, without prioritizing the people around Pakraman Rangkan Village.]]>
<![CDATA[Peran Badan Usaha Milik Desa (BUMDES) dalam Pengelolaan Obyek Wisata Di Desa Ekasari Kabupaten Jembrana ]]>
<![CDATA[I Gusti Putu Ghosadhira Vedhastama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4816.306-310
<![CDATA[Village-Owned Enterprises are institutions that were formed as an effort by the village government to improve the welfare of rural communities in accordance with their potential. Ekasari Village, which is located in Jembrana Regency, has established BUMDes since 2006. Ekasari Village has tourism potential and really needs the role of BUMDes for its management. This study examines two things: the implementation of tourism object management by the Village-Owned Enterprises in Ekasari Village and the efforts to manage Maria Palasari Caves to increase Village Original Income. The purpose of this study was to analyze the management of tourism objects by the Ekasari Village Owned Enterprise. This study was conducted using empirical methods and a sociological approach to law. There are two sources of legal materials for this study, namely: primary legal materials and secondary legal materials. Data collection techniques, through interview techniques and literature study. The results showed that the Ekasari BUMDes made efforts related to the implementation of tourism object management, namely by coordinating with the tourism object managers so that they could be managed directly by the Ekasari BUMDes. In addition, the role of the Village Government, Ekasari BUMDes to the community is very necessary in order to achieve the prosperity of the Village community through the management of tourism objects that are structured by the Ekasari BUMDes.]]>
<![CDATA[Penyelesaian Sengketa Penguasaan Tanah Hak Guna Bangunan di Atas Tanah Hak Pengelolaan Lahan Pemerintah Daerah ]]>
<![CDATA[Made Putri Laras Sapta Ananda]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4818.316-320
<![CDATA[In order to carry out the development, the HPL holder may grant rights to land above the HPL such as the Hak Guna Bangunan (HGB). However, in practice there are often legal problems related to the granting of land rights over HPL, especially HPL requests for land that is already an asset of the Regional Government's wealth to be converted into commercial activities. Problem formulation 1) What is the status of land tenure with Building Use Rights (HGB) over the Land Management Rights (HPL) of the Regional Government?; 2) Legal remedies taken in resolving disputes between HGB managers and HPL managers?. This type of research is normative juridical. HPL is not a land right as the Right to Build (HGB) which is regulated in the Basic Agrarian Law. The rights of the HGB holder are very limited because the HGB was established on land that is not theirs. HGB on HPL land of the Regional Government may be transferred or transferred with written approval from the Regional Government. HPL is non-transferable and cannot be used as collateral for debt with encumbrances with Mortgage Rights (HT). In practice, even though they have received quite strong protection in the existing provisions, there can be disputes between creditors with HGB guarantees over HPL.]]>
<![CDATA[Tinjauan Yuridis Industri E-Commerce dalam Melakukan Kegiatan Transaksi Online ]]>
<![CDATA[Dewa Gede Ananta Prasetya]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4838.365-370
<![CDATA[This research is motivated by the development of information technology which is currently changing people's lifestyles. With the internet, it is easier to transact online, especially with online shopping applications. The online trading industry has had a rapid impact with the public shopping culture. The two problems found in this research are how the e-commerce legal arrangements in Indonesia and the legal consequences of not implementing the e-commerce industry in accordance with Law Number 7 of 2014 concerning Trade. The normative research method is a data collection technique in this research, by processing data sourced from the existing legal rules and related legal materials. From the results of this research, it was found that in the applicable law online trading, it is mandatory to hold permits, complete and accurate information for consumers. In this case, it is concluded that the e-commerce industry must pay close attention to legal regulations related to the provision of goods and services, lest consumers suffer losses due to the existence of the e-commerce industry, by sending inappropriate goods. It is likely that consumers will lose.]]>
<![CDATA[Pelaksanaan Hak Jaminan Fidusia dalam Pemberian Kredit di Lembaga Perkreditan Desa di Desa Adat Mantring ]]>
<![CDATA[Gede Bagus Andika Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4848.414-419
<![CDATA[Fiduciary guarantees are promulgated through Article 5 paragraph (1) of Law no. 42 of 1999 which regulates movable or non-transferable commodities to become objects of collateral. According to Article 11 Paragraph (1), all commodities that will be charged with fiduciary security must be registered first, so that after being registered it is safe to issue a fiduciary guarantee deed. However, in the field application of fiduciary guarantees at the Mantring Traditional Village LPD, there are differences regarding its implementation with the contents of the Fiduciary Guarantee Law. The purpose of this research was to analyze the factors causing the non-registration of fiduciary guarantees at LPD Mantring and to discuss the efforts to settle what can be done by LPD Mantring in the case of debtors defaulting. This research is an empirical research, using a sociological approach. Sources of legal material are primary sources obtained from interviews with Mr. I Ketut Budiarta as chairman of LPD Mantring Tampaksiring and Mr. Made Sudiarsana as secretary at LPD Mantring Tampaksiring. The data collection techniques for this research are Observation Techniques and Interview Techniques. The results of the research explain that there is a reason why the LPD Mantring did not register the Fiduciary Guarantee agreement, namely the problem of the cost of making a fiduciary guarantee deed which costs a lot and the value of the loan and guarantee for the debtor is small. The efforts taken by the Mantring Traditional Village LPD to resolve the default case use 2 dispute resolution methods, namely dispute resolution can be reached through non-litigation and litigation.]]>
<![CDATA[Akibat Hukum Terjadinya Salah Transfer Dana Perbankan ]]>
<![CDATA[Anak Agung Bagus Ari Satya Dharma]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4849.420-425
<![CDATA[In this era of globalization, everyone is certainly no stranger to fund transfer activities. Transfer of funds is very helpful in community activities, but with the convenience of the facilities provided by the bank, of course there are risks, such as errors in transferring funds. The purpose of this research is to determine the legal knowledge of banking fund transfers and to discuss the legal consequences of errors in bank fund transfers. This research is a normative legal research supported by primary and secondary legal materials. The data collection technique in this research is to record and document. The data analysis technique is to examine books, literature and electronic media related to this research. The results of the reserach explain that UUTD no. 3 of 2011 in Article 1 point 1 regulates the definition of transfer or transfer of funds, namely an activity of transferring funds of a certain amount by the original sender to the recipient who has been mentioned in the order for the transfer of funds until it is received. And based on Article 1360 of the Civil Code, which states: "Whoever knowingly or not, receives something that does not have to be paid to him, must return it to the person who gave it". So that according to civil law, a person is obliged to return funds that are not his right from the results of an error in transferring funds that occur with a note that the bank must be able to clearly prove that the funds are not intended for the person concerned.]]>
