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All Journal Jurnal Konstruksi Hukum
I Putu Gede Seputra
Fakultas Hukum Universitas Warmadewa, Denpasar
Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Peraturan Daerah Tata Ruang Kabupaten Gianyar terhadap Pembangunan Fasilitas Pariwisata Sempadan Sungai Ayung I Kadek Darmayasa; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.92 KB) | DOI: 10.22225/jkh.2.1.2969.62-67

Abstract

Overcoming the negative impacts on the environment and to create good spatial planning. Gianya Regency carries out spatial use control through zoning, licensing, intensive and disintensive spatial planning. This study aims to analyze the arrangements for the development of river border tourism facilities and to find out the implementation of Regional Regulation Number 16 of 2012 concerning the Gianyar Regency Spatial Plan in the construction of tourism facilities. The research method used is empirical legal research. This study chose a location in Banjar Kedewatan Anyar, Kedewatan Village, Ubud District, Gianyar Regency. The results of the analysis show that the regulation of river border tourism facility development in positive law in Indonesia is contained in Law Number 26 of 2007 concerning Spatial Planning. Apart from this Law, river borders are also regulated in Government Regulation Number 26 of 2008 concerning National Spatial Planning. For the sake of harmony with the existing legislation, the Gianyar Regency Region has also made the Gianyar Regency Regional Regulation Number 16 of 2012 concerning the 2012-2032 Regional Spatial Plan which regulates river boundaries in Article 37 Paragraph 2 describes development carried out near River areas that have been given development rules in rural rivers. From the Implementation of Regional Regulation Number 16 of 2012 concerning the Regional Spatial Plan of Gianyar Regency in the construction of tourism facilities it has been going well but it can be seen through calculations calculated by the Head of the Spatial Planning Division that 89% has been implemented well and 11% is still there a deviation.
Kedudukan Hukum Tanah Adat Pelaba Pura sebagai Tanah Ulayat di Desa Tampaksiring Kabupaten Gianyar Ida Bagus Nyoman Trisya Andika; I Wayan Wesna Astara; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (324.706 KB) | DOI: 10.22225/jkh.2.1.2982.133-137

Abstract

Bali as a province with strong customs also has several binding customary laws. The status of ulayat land still lacks legal protection. There are still many villagers who do not take care of the temple land or in the status of their ulayat land which is legal. This study aims to determine the existence of pelaba pura customary land as communal land in the village of Tampaksiring, Gianyar district by law of agrarian law and to analyze the implementation of the legal position of the pelaba pura land in Tampaksiring Village, Gianyar Regency. This study uses empirical legal research with a statutory approach. The source of law is primary legal materials, namely using legal materials that are studied using specifically applicable regulations, while secondary legal materials are based on literature, articles, journals and related to problems. The results showed that the process of resolving the land certification of pelaba pura land in Tampaksiring Village, Gianyar Regency was by using the customary offense sanction, namely by fencing the land according to the results of the customary paruman that had been implemented. Finally, the land was voluntarily handed back to the temple. The legal position of the temple's pelaba land in Tampaksiring Village is an important matter that must be considered because there are still many suspected cases that have occurred in Balinese society, especially in Tampaksiring Village. In land disputes, the temples in Tampaksiring refer to customary law where the sanctions imposed on land certifiers are sanctions that have been agreed upon and regulated in local customary law.
Tanggung Jawab Penyewa dalam Perjanjian Sewa-Menyewa Kendaraan Bermotor (Mobil) di Desa Tibubeneng Canggu Ni Made Nindya Maheswari; Anak Agung Sagung Laksmi Dewi; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (479.234 KB) | DOI: 10.22225/jkh.2.1.2992.186-190

Abstract

This study aims to determine the tenants' responsibilities in case of default in the motor vehicle rental agreement (car) in the village of Tibubeneng Canggu and to find out the settlement of default by the rent car against the tenants in the village of Tibubeneng Canggu. The research method used is empirical legal research with a sociology of law approach. This study uses primary data derived from observations and interviews obtained from 3 rent car owners in the village of Tibubeneng Canggu. Data collection used interview techniques, observation and inventory using qualitative analysis techniques. The results of the analysis show that the tenant's responsibility in the event of default in the motor vehicle (car) rental agreement in the village of Tibubeneng Canggu in terms of overtime is in the form of compensation by paying a fine in accordance with the agreed agreement. The settlement of default carried out by the rent car against the tenant in the village of Tibubeneng Canggu is an alternative dispute resolution through negotiation between the tenant and the rent car party. In order to reduce the occurrence of defaults in the case of overtime car returns, Rent Car pays attention to the clauses of the agreement with the tenant, especially in terms of overtime, so that it is made in a written agreement, and implements a full payment payment system in advance so as not to suffer losses. In addition, the tenant is expected to read and comply more with the contents of the agreement so that there are no negligence that can cause harm to the Rent Car
Co-Authors Anak Agung Sagung Laksmi Dewi I Kadek Darmayasa I Wayan Wesna Astara Ida Bagus Nyoman Trisya Andika Ni Made Nindya Maheswari Putu Suryani .