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"Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum"
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<![CDATA[Pertanggungjawaban Pidana Pengurus LPD yang Melakukan Penggelapan Dana Nasabah di LPD Desa Sulahan, Kecamatan Susut, Kabupaten Bangli ]]>
<![CDATA[I Gede Artadi Wira Guna]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4803.227-233
<![CDATA[Corruption is the act of someone who enriches or is selfish or a certain group of people in abusing the position that has been given. This is the same as what happened in the embezzlement of funds by one of the administrators of the Tanggahan Peken Traditional Village Credit Institution located in Banjar Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. This research was conducted to reveal the form of criminal liability of LPD management who embezzled customer funds at LPD Sulahan Village, Susut District, Bangli Regency. This research was conducted using empirical legal research methods and using a legal concept analysis approach which was carried out by understanding legal concepts, views and doctrines that developed in legal science. Sources of data used in the form of primary and secondary data. The collected data were analyzed using the Qualitative Method. From the data that has been analyzed, it is revealed that after the trial the LPD management is required to continue to return the money from the embezzlement of funds that is enjoyed by unscrupulous management, not as a result of the actions of the management which results in a difference of 27 billion.]]>
<![CDATA[Pengenaan Sanksi Adat Bagi Pelaku Tindak Pidana Penyalahgunaan Wewenang Terhadap Keuangan Pada Lembaga Perkreditan Desa (LPD) Tuwed Kecamatan Melaya Kabupaten Jembrana ]]>
<![CDATA[Kadek Mas Aditya Mahottama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4804.234-239
<![CDATA[Abuse of authority in customary village institutions is not only sanctioned by national law but also sanctioned by customary law or commonly called awig – awig. For example: the abuse of authority that occurred in the Village Credit Institution (LPD) Tuwed, Melaya District, Jembrana Regency. This research was conducted to examine the form of imposition of customary sanctions for perpetrators of criminal acts of abuse of authority over finances at the Tuwed Village Credit Institution (LPD) Melaya District, Jembrana Regency. The research method used in this research is empirical legal research by approaching people who can be used as sources. Sources of data used in this research are primary and secondary data. Data were analyzed using qualitative analysis methods. The results in this research are: The existence of customary law in the national legal system is still gray until now because in several cases that occurre which should have involved customary law or customary village awig - awig but during the settlement process it seemed that it had no power or ignored in court proceedings and national law. And the abuse of authority over finances at the Tuwed Village Credit Institution for the settlement of criminal cases through customary law consists of the first, the mediation system, and second, the restorative justice system and the sanctions given based on customary law in the form of social sanctions.]]>
<![CDATA[Implementasi Peraturan Kejaksaan Republik Indonesia Nomor 15 Tahun 2020 (Studi Kasus Di Kejaksaan Negeri Jembrana) ]]>
<![CDATA[Antonius De Andrade Fahik]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4805.240-245
<![CDATA[Settlement of criminal cases within the framework of the criminal justice system in Indonesia always leads to the imposition of imprisonment or corporal punishment as a form of deterrent effect to perpetrators of criminal acts as the implementation of the articles in the Criminal Code which still uses the theory of punishment, namely the theory of purpose or theory. relatively. The purpose of the research is to reveal the implementation of the Republic of Indonesia Prosecutor's Regulation No. 15 of 2020 (a case study at the Jembrana District Attorney's Office). The research method used in this research is an empirical research method with a case research approach. This research uses primary and secondary data sources. Data were analyzed using qualitative analysis methods. The results of this research indicate that the role of law enforcement officers in particular the role of the prosecutor's office in resolving a criminal case using a restorative justice approach must be carried out massively and comprehensively, in order to meet the demands of justice oriented towards justice in society.]]>
<![CDATA[Larangan Penguasaan Tanah Oleh Wna Melalui Perjanjian Nominee ]]>
<![CDATA[Kadek Ramdhana Wija Dharma]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4806.246-251
<![CDATA[A nominee agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the land with the right of ownership legally. de facto, but legally-formally (de jure) the land with the right of ownership is in the name of an Indonesian citizen. Foreign nationals who control land owned by Indonesian citizens by entering into a nominee agreement. This research was conducted to examine the form of prohibition of land tenure by foreigners through the Nominee Agreement. The research method used is an empirical method with a statutory regulatory approach and conceptual approach. This study uses primary legal materials and secondary legal materials. data collection techniques by collecting, studying, exploring and reviewing documents in depth relating to the problems studied. The data collected were analyzed using qualitative methods. The results of this study indicate that the validity of the nominee agreement and the legal position of foreign citizens in land tenure through the nominee agreement. The legal force of a nominee agreement can be seen from the fulfillment or not of the legal requirements of an agreement as specified in Article 1320 of the Civil Code and good faith at the stage of contract formation, negotiation and signing of the nominee agreement]]>
<![CDATA[Upaya Rehabilitasi Bagi Penyalahguna Narkotika Oleh Badan Narkotika Nasional (BNN) Kabupaten Gianyar ]]>
<![CDATA[Haris Wirayuda]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4807.252-258
<![CDATA[Drug addicts “sacrifice” themselves because they suffer from toxidrome as a result of their own substance abuse. Article 54 of Law Number 35 of 2009 concerning Narcotics states that victims of narcotics abusers need medical or social rehabilitation. The government is tough in dealing with the problem of drug addiction through the National Narcotics Agency (BNN). This research was conducted to reveal the rehabilitation efforts for narcotics abusers by the National Narcotics Agency (BNN) of Gianyar Regency. This research was conducted using empirical legal research. The approach used in this research is a sociological approach. primary material research data sources are through field research and secondary materials written by experts and the results of scientists. The data collected were analyzed using qualitative methods. The results showed that rehabilitation assistance for drug addicts is regulated by the government in Law Number 35 of 2009 concerning Narcotics and Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts. Rehabilitation efforts for Narcotics addicts by the National Narcotics Agency (BNN) of Gianyar Regency are to disseminate the importance of rehabilitation for narcotics addicts to agencies both government and private institutions as well as to schools in Gianyar Regency.]]>
<![CDATA[Efektivitas Pelaksanaan Peraturan Bupati Karangasem Nomor 42 Tahun 2020 dalam Upaya Pencegahan dan Pengendalian Covid-19 di Kabupaten Karangasem ]]>
<![CDATA[Ni Made Sasmita Ayuningrum]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4808.259-263
<![CDATA[Currently the Karangasem Regency government is trying to reduce the positive number of Covid-19 in Karangasem Regency which has increased quite drastically, so the Karangasem Regent issued Regent Regulation Number 42 of 2020 concerning the Implementation of Discipline and Law Enforcement of Health Protocols as an Effort for Prevention and Control of Coronavirus Disease 2019 in New Era Life Order. This research was conducted to examine the effectiveness of the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent and control Covid-19 in Karangasem Regency. The research method used is empirical legal research. This research applies a field approach, a Legislative approach, and a case approach. Sources of data used in the form of primary legal data and secondary legal data. The data analysis method used is a qualitative method. The results of this study indicate that the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in controlling Covid-19 in Karangasem Regency has gone well according to the applicable laws and regulations. Factors inhibiting the implementation of the Karangasem Regent's Regulation Number 42 of 2020 in an effort to prevent Covid-19 in Karangasem Regency There are internal factors and external factors, so that in terms of community compliance in obeying the rules, it is very important.]]>
<![CDATA[Pelaksanaan Perlindungan Hak-Hak Pekerja Penyandang Disabilitas Pada Badan Hukum Nirlaba Di Yayasan Bunga Bali ]]>
<![CDATA[I Dewa Gede Aditya Mahendra Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Komang Arini Styawati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4809.264-269
<![CDATA[People with disabilities sometimes receive less attention or are often discriminated against. The expectations of persons with disabilities in obtaining employment are relatively low, compared to those without physical disabilities. Foundations have an important role in dealing with various problems that are currently occurring and the fulfillment of the rights of workers with disabilities has been obtained through the existence of foundations or non-profit organizations. This research was conducted to examine the implementation of the protection of the rights of workers with disabilities in the Non-Profit Legal Entity at the Bunga Bali Foundation. The method used in this research is an empirical method with a sociological approach. Sources of data used in the form of primary and secondary data. The data analysis method used in this research is a qualitative method. The results of this research reveal that all existing regulations have been implemented by the foundation, but some companies are not ready to have employees with conditions as persons with disabilities, making it difficult for the foundation to channel workers with disabilities to work outside the company and obstacles in fulfilling the rights for people with disabilities. workers with disabilities by a non-profit legal entity at the Bunga Bali foundation and if later there is an obstacle, the foundation will immediately discuss the existing obstacles and as soon as possible the foundation will find a way out.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemegang Hak Cipta Terkait Kegiatan Streaming Dan Download Film Bajakan Melalui Website Ilegal ]]>
<![CDATA[Anak Agung Gde Chandra Wiratama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4810.270-275
<![CDATA[Currently, there are many pirated films that are circulated in Indonesia, which use the internet to provide illegal websites that can be freely accessed by the public, regardless of the rights of the creator of the film being harmed. Unscrupulous website makers/providers of pirated films sometimes cheat by changing their names or website domains to deceive those who enforce the law in implementing their duties. The purpose of this research is to find out the consequences of the laws that arise for streaming and downloading pirated films through illegal websites. This research is a normative legal research using a statute approach and a case approach. Sources of data used in the form of primary data and secondary data. Data were analyzed using qualitative methods. Based on the data that has been analyzed, it shows that the form of legal protection for moral rights and economic rights of those who hold film copyrights for illegal downloading and broadcasting activities by other parties seen from the form of preventive protection with the 2014 UUHC made by the government can be interpreted as a form of protection. preventive measures to prevent violations of the rights of film creators and forms of repressive legal protection such as firm actions in the form of closing/blocking illegal websites and civil lawsuits by way of compensation, it can also be criminal prosecution depending on the active role of the creator or copyright holder of the film work.]]>
<![CDATA[Peranan Hasil Laboratorium Forensik Sebagai Bukti Dalam Tindak Pidana Narkotika Di Badan Narkotika Nasional Kabupaten Gianyar ]]>
<![CDATA[I Gusti Ngurah Wira Sanjaya]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4811.276-280
<![CDATA[The rapid development with sophisticated technology has resulted in narcotics criminals becoming more skilled in drug abuse. The process of proving narcotics must be proven with strong evidence, one of which must refer to the Criminal Procedure Code which is regulated in Article 184 paragraph (1) letter c, namely an authentic letter in determining the judge's belief regarding expert testimony, in this case written statements. This research aims to examine the form of the role of forensic laboratory results as evidence in narcotics crimes at the National Narcotics Agency (BNN) of Gianyar Regency. The research method used in this research is the empirical method. Researchers use legal research methods with a sociological juridical approach. Sources of data used in this research are primary data and secondary data. The data that has been collected was analyzed using qualitative methods. From the data analysis data, this research shows that the results of the forensic laboratory can be used as evidence to strengthen the demands to believe that the judge of a criminal act for the perpetrator has played a very important role in helping investigators find the elements of the crime they committed.]]>
<![CDATA[Peran Badan Usaha Milik Desa (BUMDES) Dalam Pengelolaan Keuntungan Objek Wisata Di Desa Ekasari Kabupaten Jembrana ]]>
<![CDATA[Ni Putu Ayu Diah Novianti]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4812.281-286
<![CDATA[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.]]>
