Articles
Peran Badan Usaha Milik Desa (BUMDES) Dalam Pengelolaan Keuntungan Objek Wisata Di Desa Ekasari Kabupaten Jembrana
Ni Putu Ayu Diah Novianti;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4812.281-286
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.
Efektivitas Pemberian Kredit Pada Lembaga Perkreditan Desa (LPD) Desa Pakraman Rangkan, Kecamatan Sukawati, Kabupaten Gianyar, Provinsi Bali
Dwitya Candra Yasa;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4815.301-305
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.
Peran Badan Usaha Milik Desa (BUMDES) dalam Pengelolaan Obyek Wisata Di Desa Ekasari Kabupaten Jembrana
I Gusti Putu Ghosadhira Vedhastama;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4816.306-310
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.
Penyelesaian Sengketa Penguasaan Tanah Hak Guna Bangunan di Atas Tanah Hak Pengelolaan Lahan Pemerintah Daerah
Made Putri Laras Sapta Ananda;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4818.316-320
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.
Tanggung Jawab Komisi Penyiaran Indonesia terhadap Glorifikasi Pelaku Pelecehan Seksual pada Media Elektronik
I Kadek Ari Cahya Dwipa;
I Nyoman Putu Budiartha;
Luh Putu Sudini
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4840.377-382
With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.
Pelaksanaan Hak Jaminan Fidusia dalam Pemberian Kredit di Lembaga Perkreditan Desa di Desa Adat Mantring
Gede Bagus Andika Putra;
I Nyoman Putu Budiartha;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4848.414-419
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.
Bancassurance Alam Perjanjian Kredit dengan Hak Jaminan Fidusia
A.A Made Andika Purnama Arta;
I Nyoman Putu Budiartha;
Ni Komang Arini Styawati
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.2.4896.460-464
Bancassurance is a form of cooperation between insurance companies and banks, where the bank here acts as an intermediary between the insurance company and its customers in insurance activities. One type of material guarantee is a fiduciary guarantee. This study aims to find out how the bancassurance legal arrangements so that banks are allowed to carry out credit agreement activities with fiduciary guarantee rights, how the legal consequences of bancassurance in credit agreements with fiduciary guarantee rights, the method used in this study is juridical normative. While the problem approach used is a statutory approach and a conceptual approach. The approach to sources of legal materials used in this research is primary, secondary, and tertiary with analysis of legal materials using legal arguments whose results are presented descriptively. The conclusion is that in the Law of the Republic of Indonesia Number 10 of 1998 concerning amendments to Law Number 7 of 1992 concerning banking, Article 10 (b) of the Banking Law clearly stipulates that Banks may not conduct insurance business.
Akibat Hukum Pemutusan Internet oleh Pemerintah Saat Demonstrasi dan Kerusuhan
I Gede Nyoman Aditya Riana Triputra;
I Nyoman Putu Budiartha;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5306.471-475
Internet is an important tool in aspects of human life today. However, what if the internet network in one area or more within a country is restricted or even cut off, such as the people of Papua and West Papua who are affected by internet disconnection during demonstrations, resulting in riots between civil society and the state apparatus. The purpose of this study is to find out the legal sanctions against internet disconnectors during demonstrations and riots and the judge's consideration of internet disconnectors during demonstrations and riots (Study of Decision No. 230/5.TF/2019/PTUN-JKT)? This research uses normative legal research type. Sources of data come from primary, secondary and tertiary, collected by literature study. The data were analyzed with the technique of understanding the laws of deductive and inductive logic. The results of the study show that legal sanctions that can be imposed on the government are fully decided by the State Administrative Officer in the State Administrative Court. Then, in terms of the judge's consideration in deciding the case, it is based on the provisions of Article 110 jo. Article 112 of Law Number 5 of 1986 concerning the State Administrative Court.
Peranan Pengurus dalam Pengembangan Yayasan Manggala Widya Sastra di Desa Batubulan Kabupaten Gianyar
Ni Putu Dea Oktaviani Dewi;
I Nyoman Putu Budiartha;
Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5308.482-487
Foundation is an entity in the form of a law which is generally used in matters, especially in the field of education. The purpose of establishing the Foundation in the field of Education is to advance and educate the nation's generation. One of the foundations in Gianyar in the field of education is the Manggala Widya Sastra Foundation. This study aims to determine the position and function of the management in developing the Manggala Widya Sastra Foundation in Batubulan Village, Gianyar Regency and to determine the efforts made by the management in developing the Manggala Widya Sastra Foundation in Batubulan Village, Gianyar Regency. The research method uses empirical legal methods, with a conceptual approach. Data were obtained directly in the field, by observing and interviewing, which were then analyzed qualitatively and descriptively. The results showed that the foundation was formed with the consideration that in practice the development of an educational foundation in Indonesia is based on the interests of the community and their habits. The function of the board is to carry out the vision and mission of the foundation, to develop school facilities and to plan the school's annual budget in which the foundation also assists in managing administration and finances.