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"Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum"
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<![CDATA[Efektivitas Penerapan Pendaftaran Hak Tanggungan Melalui Sarana Elektronik Pada PT. BPR Pedungan Denpasar ]]>
<![CDATA[I Nyoman Mahayu]]>;
<![CDATA[A.A Sagung Laksrni Dewi]]>;
<![CDATA[Ni Made Puspasutari Widianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3666.608-613
<![CDATA[The activity of borrowing money, which is often related to the condition of submitting debt guarantees, is mostly carried out individually or by business entities. In fact, in carrying out credit agreements, it is often found that debtors apply for credit in the form of land guarantees to get credit with a certain nominal value. The bank will be more daring to provide land loans that have a high economy and the value of the land always increases from time to time and Mortgage Rights are created, namely collateral rights imposed on land rights. The purpose of this study was to determine the mechanism for registering mortgage rights through electronic means at PT.BPR Pedungan Denpasar, and to find out the obstacles faced in determining mortgage registration through electronic means at PT.BPR Pedungan Denpasar. This type of research is part of sociological legal research which includes identifying unwritten laws and examining the effectiveness of laws. In the analysis of legal theory through the view of legal science, starting from normative and empirical. The primary data collection technique in this research is the interview method.]]>
<![CDATA[Hak Isteri terhadap Harta Bersama dalam Perkawinan yang Putus Karena Kematian ]]>
<![CDATA[I Gede Sukadana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Cayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3667.588-593
<![CDATA[Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.]]>
<![CDATA[Perlindungan Hukum terhadap Advokat dan Klien dalam Penyelesaian Perkara Perdata ]]>
<![CDATA[I Putu Esha Wiryana Putra]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[NI 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.2.3.3668.599-604
<![CDATA[The relationship between lawyers and clients that arises as a result of the legal relationship that is established often leads to legal disputes. The dispute can result in losses for both parties, while this legal arrangement regarding the issue has not fully accommodated the needs of advocates and clients. The purpose of this study is to analyze the rights and obligations of advocates and clients and dispute resolution that can be taken by advocates and clients. This type of research is a normative legal research, using a statutory approach. The results of this study indicate that the regulation regarding the rights and obligations of advocates is regulated in Law Number 18 of 2003 concerning Advocates and the code of ethics for advocates. Meanwhile, the rights and obligations of clients, as a broader understanding of consumers, are regulated in the Law on Advocates and the Civil Code. If there is a dispute due to a legal relationship that arises between an advocate and a client, the legal settlement can be through the Advocate Code of Ethics Body, the General Court of Justice and Arbitration, Mediation and other alternative dispute resolutions.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Eksploitasi Seksual Berdasarkan Hukum Islam ]]>
<![CDATA[A. A Mas Stela Kurtika adi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukuryati 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.2.3.3669.628-633
<![CDATA[A good nation's children are a reflection of good quality, so they need to be protected to get the authority to grow, develop, and obtain a prosperous life. But at this time the protection and welfare of children is still lacking, one of which is the issue of sexual exploitation of children so that it becomes a category of crimes against humanity that must be avoided and destroyed. The purpose of this study is to discuss the legal arrangements for child exploitation contained in Islamic law and criminal sanctions against perpetrators of child exploitation according to Islamic law. The method used is a normative legal method with a statutory and conceptual approach to problems. The results of the discussion state that exploitation is a form of effort carried out to carry out a deepening of the capacity contained in an object, whether it is in the form of natural resources or otherwise, in terms of the relevance of a group/many of people, the factors that cause exploitation of children, namely poverty, effects of social conditions, motivation workers to families. Criminal sanctions for exploitation of children are in Law number 35 of 2014 Article 14 paragraph (1), Article 81 paragraph (1) and Article 82.]]>
<![CDATA[Implementasi Peraturan Daerah N0mor 2 Tahun 2015 terhadap Pedagang Kaki Lima Kendaraan Bermobil di Kota Denpasar Selama Pandemi Covid-19 ]]>
<![CDATA[Ayu Yuliany Adisti]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![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.2.3.3670.634-639
<![CDATA[Since the Covid-19 pandemic, many people have become street vendors in cars and park their vehicles on the side of the road. This violates the Denpasar City Regional Regulation Number 2 of 2015, therefore this study aims to examine the implementation of the Denpasar City Regulation Number 2 of 2015 concerning Street Vendors (PKL) for Mobile Vehicles and discuss the supervision of the PKL policy for motorized vehicles during the Covid-19 pandemic 19. The empirical research method based on the data obtained is from the results of observations, interviews, and documentation. Then the results of the data relevant to the formulation of the problem in this study were analyzed qualitatively and explained descriptively. From the results of the research conducted, it shows that the implementation of the policy of Street Vendors in Denpasar City cannot be carried out properly in accordance with the Denpasar City Regional Regulation Number 2 of 2015 due to the current pandemic situation and conditions which have resulted in many people being sent home and fired from their workplaces. forced to become a car dealer for daily income. The obstacle faced by the government in supervising street vendors is that it is difficult to register and appeal to them because it is easy to move from one place to another.]]>
<![CDATA[Pemanfaatan Sempadan Pantai Kedonganan oleh Pengusaha Cafe Berdasarkan Perda Kabupaten Badung Nomor 26 Tahun 2013 ]]>
<![CDATA[I Gede Yogi Arya Windiarta]]>;
<![CDATA[Anak Agung 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.2.3.3671.638-644
<![CDATA[Spatial plans that are accommodated in a legal norm both at the central, provincial and city levels are in synergy with each other. The purpose of this study is to find out the legal arrangements in the Badung RTRW Regional Regulation on the use of the Kedonganan beach border by cafe entrepreneurs and what sanctions are imposed on the cafe entrepreneurs if they violate the Badung RTRW Regional Regulation. To achieve this goal, a normative research method is used using a statutory approach and a conceptual approach. The results of the study, namely the regulation of cafe entrepreneurs who set up cafes on the Kedonganan beach border, are regulated in Article 74 paragraph (2) letter d of the Badung Regency Regulation Number 26 of 2013 that by not building permanently on the beach border. In addition, it must also pay attention to the public interest. Sanctions that can be imposed on cafe entrepreneurs who set up cafes on the Kedonganan beach border if they violate the Badung Regency Regulation Number 26 of 2013 include criminal sanctions, namely Article 115 in the form of imprisonment or fines. Administrative sanctions in the form of written warnings; temporary suspension of activities: temporary suspension of public services; business closure; license revocation; license cancellation; demolition of buildings; restoration of space functions; and/or administrative fines as regulated in Article 112 paragraph (2).]]>
<![CDATA[Analisis Yuridis Omnibus Law dalam Penyusunan Rancangan Undang-undang Cipta Kerja ]]>
<![CDATA[I Kadek Semara Atmika]]>;
<![CDATA[I Nyoman 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.2.3.3672.622-627
<![CDATA[Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.]]>
<![CDATA[Pertanggung Jawaban Perusahaan Daerah Parkir Terhadap Konsumen Ditinjau dari Peraturan Daerah Kota Denpasar Nomor 11 Tahun 2005 tentang Sistem Penyelenggaraan Perparkiran ]]>
<![CDATA[Kadek Rizal Artawan]]>;
<![CDATA[Ni Komang Arini Styawati]]>;
<![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.2.3.3673.650-655
<![CDATA[Regional Regulation Number 11 the year 2005 concerning the system of parking arrangement states, the regulation states if the consumer loses a vehicle in the place where the retribution is levied then Denpasar Parking Company will provide the compensation . However, there is still a lot of society that does not know about compensation regulation. The purposes of the research are to analyze the consumer's effort who have suffered losses in demanding the compensation and the responsibility of Denpasar Parking Company due to the loss of vehicles in Denpasar city. The method used is empirical legal research and the approach used is the statute approach and fact approach. The results of this stud y show the consumer who demands compensation for the losses in the Denpasar City area can be done in 2 ways outside the court and in court. Carving compensation through non -litigation from Denpasar Parking Company is by giving compensation that has been set. The mechanism of Denpasar Parking Company in providing the compensation is the compensation should be paid no later than 7 days afler the claim submission file is received, but any incidents outside the loss of the vehicle are not the responsibility of the Denpasar Parking Company.]]>
<![CDATA[Tradisi Kawin Tangkap (Piti Rambang) Suku Sumba di Nusa Tenggara Timur ]]>
<![CDATA[Elanda Welhelmina Doko]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Diah gayatry Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3674.656-660
<![CDATA[The tradition of capture marriage (Pitti Rambang) of the Sumbanese tribe in East Nusa Tenggara still exists and is carried out continuously with the forced marriage of Sumba women which causes the victim to experience physical, sexual, psychological and social violence. That a strong and inevitable tradition in the culture of the Sumbanese people, who still have a patriarchal culture, upholds customs and this culture facilitates the men. The purpose of this study was to examine the existence of the tradition of mating capture (Pitti Rampang) of the Sumbanese tribe in East Nusa Tenggara and to discuss the factors that influence interbreeding. The methods in this research are the statutory approach, the customary law approach, the concept approach, the legal sociology approach, and the case approach. The results showed that the occurrence of capture marriages (Pitti Rambang) was due to economic factors related to debt, social strata, trust and the level of understanding of the Sumbanese indigenous people towards positive law and the settlement process in this capture marriage was carried out through adat, namely from the stages of search, close the shame, knock on the door, traditional mats, religion (for those of other religions outside the Moruyu belief) until the final stage.]]>
<![CDATA[Akibat Hukum Jual Beli Organ Tubuh Manusia dalam Hukum Positif di Indonesia ]]>
<![CDATA[I Wayan Merta Jaya]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Maoe Hinggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.3.3675.661-666
<![CDATA[Indonesia is a country whose population is located on various islands in various regions, has various backgrounds and different body conditions that make everyone has different conditions. This can be seen from the use of advances in science and technology as a solution in solving health problems which include treatment or healing of disease, recovery, care and health services. The purpose of this study is to determine the legal arrangements regarding the sale and purchase of human organs in positive law in Indonesia and criminal sanctions for perpetrators who buy and sell human organs in Indonesia. This study uses an empirical method using a statutory approach in analyzing and reviewing the research. The results showed that. The results of the study explain that the application of the law regarding the provisions of the legislation governing the sale and purchase of human organs has not been maximally implemented by law enforcement officers. Transparency of organs is still a pro and con on the one hand, this work can save a person's life, but on the other hand, a person can be penalized for transparency, which is different from other countries that allow someone to carry out organ transactions to save someone's life]]>
