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"Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum"
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<![CDATA[TanggungJawab Polri dalam Pengamanan Calon Kepala dan Wakil Kepala Daerah di Kota Denpasar ]]>
<![CDATA[Dimas Putra Wicaksana]]>;
<![CDATA[Agung Anak 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.2.3.3641.558-562
<![CDATA[The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.]]>
<![CDATA[Perbandingan Kekuatan Hukum Alat Bukti Otentik dan Perjanjian Bawah Tangan (Studi Kasus Perkara nomor: 939/Pdt.c./2818/Pn dps) ]]>
<![CDATA[I Made Indra Udayana]]>;
<![CDATA[Made Minggu Widyantara]]>;
<![CDATA[Ni Made Sukariyati 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.2.3.3642.563-568
<![CDATA[Law is a rule of life that regulates human life in society, as a rule of life, the law functions to limit the interests of each legal supporter (legal subject), guaranteeing their respective interests and rights. The purpose of this study is to determine the comparison of the legal strength of authentic deed evidence with private deed, as well as to determine the judge’s considerations in his decision on the legal strength of private deed which defeats authentic deed. This research is a type of normative legal research conducted by recording and reviewing methods based on legal materials, while the problem approach uses a statutory and conceptual approach. The source of the data obtained from this research is by looking for accurate information by studying the symptoms of the community in order to get the actual data, thus the data obtained can be combined with several legal book references related to research. The results of the study show that the comparison of the legal strength of authentic deed evidence with an underhand deed, namely the deed is made by or before an authorized official in his working area as regulated by law and is perfect evidence as contained in Article 1870 K UHPer.]]>
<![CDATA[Tinjauan Yuridis terhadap Penegakan Hukum Tindak Pidana Penyelundupan Bibit Lobster ]]>
<![CDATA[I Made Agus Sanjaya]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![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.2.3.3643.569-574
<![CDATA[Smuggling is common given the fact that marine products are very attractive. In a really basic way, transactions of billions of rupiah can be carried out illegally, mostly by avoiding the customs office of different rates provided by Customs. Currently, the Government is trying to prevent the smuggling of marine products that are prohibited for trading, because in addition to harming the State, this can result in minimal marine biota and losses of up to trillions. The purpose of this study is to determine the regulation regarding the prohibition of catching lobster seeds and law enforcement against the crime of smuggling lobster seeds, the type of normative legal research. The sources of this research are obtained through approaches by examining based on statutory regulations, legal principles, and legal doctrines to respond to legal themes encountered in order to obtain new opinions, thoughts and understandings as rules for ending events that occur. The sources of this research are obtained through approaches by examining based on statutory regulations, legal principles, and legal doctrines to respond to legal themes encountered in order to obtain new opinions, thoughts and understandings as rules for ending events that occur. The guidelines for catching lobster seeds have recently been regulated in the Minister of Marine Affairs and Fisheries Regulation No. 56 / PERMEN-KP / 2016 concerning the Prohibition of Catching and or Exporting Lobster, Crab and Crab. In 2020 the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia again provided guidelines Number 12 / PERM EN -KP / 2020 concerning Management of Lobster and Crabs. Which indirectly opens the export of lobster seeds in Indonesia.]]>
<![CDATA[Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis ]]>
<![CDATA[I Nyoman Budiantara]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3644.575-581
<![CDATA[Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.]]>
<![CDATA[Karakteristik Perjanjian Jual Beli Tanah yang Belum Terdaftar Hak atas Tanah ]]>
<![CDATA[I Gusti Bagus Andika Bagaskara]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3648.439-443
<![CDATA[Government Regulation No. 24/1997 concerning Land Registration, the Government requires all holders of land rights to register their lands with the competent authorities, but in the community there are still unregistered lands, this phenomenon is to ensure legal certainty for holders of land, land that has not been registered must be registered from the aspect of legal risk. The purpose of this study is to reveal the characteristics of the land sale and purchase agreement whose land rights have not been registered and the legal certainty of the sale and purchase agreement whose land has not been registered. This research method uses a normative legal method with a statutory approach. The technique of collecting legal materials is done by classifying legal materials. The sources of legal materials used are primary and secondary sources of legal materials. After the data was collected, the data were analyzed using descriptive analysis. The results of the study reveal that in terms of legal risks, it is more prone to occur compared to registered land, then from a procedural aspect it will be different from registered lands where unregistered land requires accuracy so as not to cause legal problems.]]>
<![CDATA[Tanggungjawab Perdata Pemborong Akibat Kegagalan Bangunan dalam Perspektif Hukum Positif Indonesia ]]>
<![CDATA[I ketut Suardika]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3649.456-462
<![CDATA[The collapse of several buildings as reported by various mass media including the collapse of the Yellow Bridge in Nusa Lembongan Klungkung, the perimeter of Soekarno Hatta Airport, the stock trading center building of the Indonesia Stock Exchange (IDX) is one of the problems faced today. For this incident, the Contractor who participated in the construction should be assumed to be responsible. The purpose of this research is to analyze the arrangement of building contract agreements in the perspective of Indonesian positive law and civil liability to contractors due to the occurrence of building failures in the perspective of Indonesian positive law. This research uses a normative legal research method with a statutory approach and a conceptual approach. Data collection techniques were collected through legal inventory. The sources used are primary and secondary sources of law. After the data is collected, then the data is analyzed systematically. The results of the research indicate that the collapse of the building outside the force majeure in UUJK 2/2017 is referred to as Building Failure. The Civil Code, UUJK 2/2017 concerning Construction Services and their derivative regulations are positive laws that still apply as legal umbrellas in regulating development implementation.]]>
<![CDATA[Perlindungan Konsumen terhadap Tindakan Pemadaman Listrik yang Dilakukan Secara Sepihak oleh PT. PLN (Persero) UP3 Bali Selatan ]]>
<![CDATA[I Gede Dharma Kusuma]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[lda Ayu Putu Widiati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3650.463-468
<![CDATA[Circumstances that make people complain about the services provided by PLN are power outages without prior notification. The number of public complaints related to power outages has forced PLN to be confused in fixing the organizational structure, especially in the coordination sector between workers. The purpose of this research is to reveal the legal protection arrangements for consumers of electricity users at PT. PLN (Persero) UP3 as well as legal remedies that can be taken by consumers using electricity in the event of a power outage unilaterally by PT. PLN Persero UP3 South Bali. This research method uses an empirical method with a statutory approach and a case approach. Data collection techniques were carried out by means of field research by applying the interview method. Sources of data used in the form of primary and secondary data sources. The data analysis technique was carried out systematically. The results of the research reveal that the government in terms of providing protection to the public to obtain electricity supply is sufficient to make consumer protection regulations in which there are consumer rights and obligations to obtain justice and are obliged to make appeals from the government in an effort to prevent criminal acts in accordance with positive law in force in Indonesia. The government is dealing with field workers from PLN who intentionally or unintentionally do not notify the public of this rotating power outage and PLN should give a warning to its workers who do not carry out orders according to the SOPs applicable in the company.]]>
<![CDATA[Pertanggungjawaban terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia ]]>
<![CDATA[I Dewa Gede Pramana adhi]]>;
<![CDATA[I Nnyoman Gede Sugiartha]]>;
<![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.2.3.3651.500-504
<![CDATA[Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be used because there are many people who send out of the region without permission and vice versa, goods from outside countries are smuggled into Indonesia only to avoid the applicable taxes. This study aims to examine the regulation of smuggling in criminal law in Indonesia and reveal the responsibility of the director of PT. Garuda Indonesia, which carried out the act of smuggling luxury motorcycles. This research is a type of normative legal research conducted with research methods based on legal materials, while the problem approach used is a legislative and conceptual approach. Sources of data used are primary and secondary legal materials. Another bad example is shown by one of the people who has a big name in Indonesia, the smuggling case by the president of Garuda Indonesia is an illustration of how weak the law in Indonesia is and this incident has resulted in criminal and administrative sanctions. The results of the study indicate that the regulation of smuggling crimes in Indonesia is contained in Law Number 17 of 2006 concerning Customs. Handling of violations of customs provisions is more focused on the fiscal settlement, namely in the form of payment of a sum of money to the State in the form of a fine. The criminal liability of smugglers is regulated in Law No. 17 of 2006 the president director of PT. Garuda Indonesia is threatened with criminal and administrative sanctions]]>
<![CDATA[Perlindungan Hukum terhadap Nasabah dalam Penundaan Kredit Terdampak Covid 19 ]]>
<![CDATA[Sang Nyoman Angga Diputra]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3652.547-552
<![CDATA[Humans as social beings who live side by side and have various needs that must be met in order to survive. In meeting these needs. Indonesia often makes payments with a credit system. Credit is a breakthrough that really helps the community. However, with the Covid-19 Pandemic) hitting various businesses and credit financing customers due to lack of income. This study aims to examine the legal arrangements for credit delays for customers affected by COVID-19 in Indonesia and explain legal protection for customers affected by COVID-19 in Indonesia. The type of research applied in this research is normative legal research, with a statutory approach and a concept approach. In general, the regulation of credit delays for customers affected by COVID-19 is regulated in POJ K Number II POJK.03 2020 regarding the national economic stimulus as a counter-helical policy for the impact of the 2019 coronavirus disease. There are two legal protections, namely preventive legal protection by issuing PERPU Number I of 2020 concerning state financial policies and stability for handling the coronavirus disease 19 pandemic, and repressive legal protection based on Bank Indonesia Circular Letter No. 26/4/BPPP which in principle regulates the rescue of non-performing loans through rescheduling, reconditioning, restructuring]]>
<![CDATA[Kedudukan Perempuan Mulih Daha dalam Keluarga dan Akibat Hukum Terhadap Anak di Desa Adat Mengwitani ]]>
<![CDATA[Putu Ayu Devi Kardila]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Wayan Rideng]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3665.603-607
<![CDATA[Women who return to their original homes because of a divorce, their status is called mulih daha (girls return). With this, the mulih daha woman continues to carry out her swadharma (obligations) to her parents at her home. If the marriage breaks up due to divorce, it also has legal consequences for the child. Based on the background that has been described, the purpose of this study is to find out how the legal status of the Mulih Daha woman is and what are the legal consequences for the child brought by the Mulih Daha woman to her home. The research method in this writing uses empirical research methods. The results of this study indicate that mulih daha women have no right to claim back the right to inherit in their home of origin. The rights and obligations of parents who have divorced their children must still be carried out as stipulated in Article 26 paragraphs (1) and (2) of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002]]>
