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"Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum"
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<![CDATA[Fungsi Badan Permusyawaratan Desa (BPD) dalam Pembentukan Peraturan Desa di Desa Sanding Kecamatan Tampaksiring Kabupaten Gianyar ]]>
<![CDATA[Agus Leo Adi Wibawa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[A.A. Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3617.444-449
<![CDATA[BPD has the task of making rules with the village head, taking and proposing community ideas, therefore the BPD as a deliberation body originating from the village community, in addition to carrying out its duties as an intermediary between the village head and the village community, also carries out its main function, namely the function of representation. The purpose of this research is to reveal the function of the Village Consultative Body in the formation of Village Regulations and the obstacles to implementing the functions of the Village Consultative Body in the formation of Village regulations in Sanding Village, Tampaksiring District, Gianyar Regency. The type of research used is empirical legal research using a sociological juridical approach. The data collection technique was carried out by field research. The data sources used are primary and secondary which are then analyzed systematically and linked to other legal materials. The results of the research reveal that the functions of the Village Consultative Body in forming the Village Regulations include, among others, being able to prepare and propose draft Village Regulations. Draft Village Regulations can be proposed by members of the BPD to the leadership of the Village Consultative Body to be determined as a draft Village Regulation proposed by the BPD. Barriers to the implementation of functions in the formation of village regulations, namely, first, juridical obstacles include: Lack of knowledge and experience of BPD members, understanding of the laws and regulations regarding villages of BPD members, many BPD members with low levels of education and secondly, non-juridically, namely the presence of BPD members in the preparation and understanding of the legal basis for the formation of village regulations is still low and the application potential of the village is also low.]]>
<![CDATA[Pelaksanaan Pemungutan Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) di Kota Denpasar ]]>
<![CDATA[Anak Agung Triana Putri]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3618.450-455
<![CDATA[Gaining authority regarding buildings and land arises as a result of changes that cover the events and activities of individuals or legal entities as legal subjects who are given the responsibility to have rights to land and buildings by active laws and regulations. The purpose of this research is to reveal the implementation of the collection of Customs for the Acquisition of Land and Building Rights (BPHTB) for the transfer of rights in Denpasar City as well as the obstacles and and efforts to solve problems in the implementation of the collection of BPHTB. The method used is empirical legal research with a case approach. The data collection technique was carried out by field research. The sources of legal data used are primary and secondary, then the data is analyzed systematically. The results of the research reveal that the collection of BPHTB in the city of Denpasar uses an online system that has been regulated in the regulation of the mayor of Denpasar number 17 of 2016 which is contained in Article 5 by depositing the amount of payment to the BPD bank and paying taxes in the city of Denpasar, using a self-assessment system. The Denpasar City Government Regulation in determining the selling value in buying and selling transactions is based on verification and validation in contrast to the self-assessment system, the results of verification and validation often get the selling value set by the Regional Revenue Service which is much more than the actual value.]]>
<![CDATA[Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps) ]]>
<![CDATA[Desak Ketut Parwati]]>;
<![CDATA[I Wayan Rideng]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3619.616-621
<![CDATA[Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.]]>
<![CDATA[Tanggung Jawab Penyedia Layanan Jasa Kursus Mengemudi Mobil dalam kecelakaan Lalu Lintas ]]>
<![CDATA[Dyah Merryani]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3620.476-482
<![CDATA[Car driving courses are tutoring related to driving skills that aim to provide knowledge of how to drive a car to course service users. Course service users are accompanied and trained by the instructor during the driving course. However, users of course services with instructors will be faced with unexpected events, which often occur, namely traffic accidents. The purpose of this research is to uncover the legal relationship that occurs between car driving course service providers and instructors and also the course service users form the responsibility of the car driving course service provider if an accident occurs during the driving course. This research is an empirical legal research with a sociological juridical approach and a statutory approach. The data collection technique was done by interview. Sources of data used in this research are primary data sources and secondary data sources. After the data was collected, it was analyzed systematically. The results of this research indicate that there is a legal relationship between the parties involved, namely the working relationship that occurs between the instructor and the driving course service provider, and the agreement from the course service user through filling out the course registration form to the driving course service provider. The occurrence of a traffic accident during the driving course practice will be accounted for by the driving course service provider as the employer and the instructor as a companion or trainer for the course service user during the driving course.]]>
<![CDATA[Tinjauan Yuridis terhadap Tindak Pidana Daya Paksa dan Pembelaan Terpaksa ]]>
<![CDATA[Gowinda Prasad]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3621.483-488
<![CDATA[Forced power and forced defense are criminal acts committed against the law, which are actually coercion from outsiders and against their will and want to defend themselves or there are threats from outsiders which of course need to be reviewed also regarding the reasons to the doctrine of coercion and defense. force it. The purpose of this research is to reveal the regulation of criminal acts of coercion and forced defense as well as legal protection against acts of coercion and forced defense. This research is a normative legal research with a statutory and conceptual approach. Data collection techniques are carried out through library research. Sources of legal materials used are primary and secondary sources of law. After the data is collected, then the data is analyzed using informal methods. The results of the research reveal that the legal protection provided is of course the protection of physical, property and life security guarantees and the provision of psychological and social rehabilitation because there is a pressure.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen oleh Otoritas Jasa Keuangan (OJK) Terhadap Kegiatan Investasi Ilegal yang Dilakukan oleh Investor ]]>
<![CDATA[I Gusti Ayu Firga Julia]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3622.489-494
<![CDATA[The rise of fraud cases and investment offers that are suspected to be illegal have resulted in losses for consumers and the public, so in this case legal protection is needed to minimize illegal investment cases. The purpose of this research is to analyze the role of the financial services authority in anticipating illegal investment activities carried out by investors and a legal protection for consumers by the financial services authorities against illegal investment activities carried out by investors. This research is a normative juridical research with a statutory approach and a conceptual approach. The technique of collecting legal materials used is the recording technique. The legal materials used are primary and secondary legal materials. After the data is collected then the data is analyzed systematically. The results of the research reveal that in the context of legal protection, the Financial Services Authority is given the authority by the State to take steps to prevent consumer and public losses. Efforts are made based on Article 28 of Law No. 21 of 2011 concerning the Financial Services Authority by conducting outreach and education to the public regarding the characteristics of fundraising activities and managing illegal investments and asking the Financial Services Institutions to stop their activities if these activities have the potential to harm the community. The handling carried out by the Financial Services Authority cannot be separated from the support of the public who have submitted reports or complaints.]]>
<![CDATA[Akibat Hukum terhadap Pembelian Suatu Barang Secara Online ]]>
<![CDATA[I Gusti Bagus Guna Mahayana]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3623.495-499
<![CDATA[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]]>
<![CDATA[Pertanggungjawaban Bank Terhadap Nasabah yang Menjadi Korban Kejahatan yang Dilakukan Oleh Oknum Internal Bank ]]>
<![CDATA[I Putu Wiradharma Putra Yudha]]>;
<![CDATA[Johannes Ibrahim Kosasih]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3624.505-509
<![CDATA[Banks are the only financial institutions that are trusted by the people who play a role in the economy, so that in their activities there are elements of stakeholders who commit acts against the law in the banking world. This study aims to analyze crimes committed by internal bank employees and reveal legal liability to the bank if there are crimes committed by internal elements or bank employees. This study uses normative legal research with a statutory approach and a conceptual approach. The data used are primary and secondary data obtained through recording and documentation techniques, then the data processed and analyzed will be processed and analyzed using a systematic legal material processing method. The results of the study stated that in banking there are two types of violations, namely banking crimes and crimes in banking. In relation to crimes in the banking sector, Law no. 7/1992 as amended by Law No.10/1998 on banking. Accountability cannot be borne by the bank as a corporation, but this burden is imposed or carried out by way of the debtor to individuals who commit crimes in the banking sector.]]>
<![CDATA[Peran Reserse dalam Penyidikan Tindak Pidana Pencurian dengan Pemberatan (Studi Kasus Polsek Sukawati Gianyar Bali) ]]>
<![CDATA[Kadek Bayu Krisna Juliantara]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3625.510-514
<![CDATA[Recently, the incidence of criminal acts of theft with weights has increased, the investigator in handling this case must be careful in uncovering criminal acts of theft with weights. This study aims to examine the role of the detective in uncovering the crime of theft by weighting and analyzing the obstacles of the investigator in uncovering the crime of theft by weight. The type of research used is empirical, namely research based on facts that occur and develop existing concepts, the approach method used is by conducting research in the field. The sources of legal materials used are primary and secondary legal materials obtained through observation and documentation. After all the data has been collected, the next step is to process and analyze it qualitatively. The results showed that the role of the criminal investigator of the Sukawati Police in uncovering the criminal act of theft of weighting began with a complaint report from the public, then the action of the Sukawati Police Detective carried out an examination at the scene of the case, examination of witnesses, confiscation of evidence, arrest, search, detention, filing. and submission of case files to the court. The obstacles faced by the Criminal Investigation Unit of the Sukawati Sector are the perpetrator, a recidivist, the lack of tools to track the perpetrators, and community factors.]]>
<![CDATA[Perlindungan Hukum terhadap Pasien BPJS yang Mengalami Cacat Fisik Akibat Malpraktek Dokter ]]>
<![CDATA[I Wayan Agus Paramartha]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3628.594-598
<![CDATA[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]]>
