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Jurnal Konstruksi Hukum

jukonhum
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Published by Universitas Warmadewa

ISSN : 27465055 EISSN : 28099648 DOI : doi.org/10.22225/jkh

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal Konstruksi Hukum is a law of student journal articles for Law Science published by Warmadewa University Press. Jurnal Konstruksi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year january, may and september, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 40 Documents

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Search results for , issue "Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum" : 40 Documents clear

Partisipasi Masyarakat Blimbingsari dalam Pelaksanaan Kesepakatan Konservasi Taman Nasional Bali Barat Ngakan Gede Bagus Widyagraha; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Hak Waris Terhadap Individu yang Berpindah-Pindah Agama (Studi Kasus Putusan Nomor : 483/Pdt.G/2020/PN Dps) I Putu Budi Astika; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

There are many cases of inheritance rights issues in Balinese indigenous peoples, which often cannot be resolved by means of deliberation (mediation) in traditional villages. These problems are mostly resolved through the Judiciary (Litigation). One of the problems that is being discussed is the inheritance rights of individuals who change religions in Balinese society. This research was conducted to examine the inheritance rights of individuals who change religions in Balinese society. The research method used in this research is normative legal research. This research uses a statutory approach. Sources of data used in this research are primary and secondary data. The data were analyzed using qualitative methods. The results of this research are: The regulation of inheritance rights has failed because in the Decree of the Main Assembly of Pekraman Village (MDP) Bali Number: 01/Kep/Psm-3/MDP Bali/X/2010 clearly states that descendants who move religion (ninggal kedaton) did not get the right to inherit. And inheritance for men who change religions is the same as (left kedaton) where the man does not get the right to inherit.

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

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

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.

Sanksi Terhadap Pelanggaran ASN yang Terbukti Berpolitik Praktis dalam Pilkada Serentak I Wayan Yoga Pratama Putra; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

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

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.

Penyelesaian Kasus Perbuatan Curang Pengalihan Air Sawah Subak Puspa Sari Banjar Taman, Desa Tuwed, Kecamatan Melaya Jembrana Ni Made Ratna Suwari; I Nyoman Gede Sugiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The role of Pekasah and Traditional Villages in resolving cases of fraudulent acts of diversion of subak rice fields in Banjar Taman, Tuwed village, Jembrana Malay sub-district. Subak is a farmer community organization that lives and develops in a community that manages and regulates rice fields where this subak adheres to the concept of tri hita karana. The purpose of this research was to determine the role of Pekaseh in resolving cases of fraudulent acts of diversion of rice field water in Subak Puspa Sari Banjar Taman in Tuwed Village, District Melaya Jembrana in terms of a positive legal perspective and the role of Customary Law in resolving cases of fraudulent water diversion in subak Puspa Sari Bnajar Taman in Tuwed Village, Melaya Jembrana District. Adat in taking action based on the prevailing customary village Awig-awig. Then the type of research used in this paper is empirical is a type of field research, namely examining the applicable legal provisions and what happens in reality in society. The results of this research indicate that water problems usually occur in the famine or dry season, even though the village of Tuwed has utilized two dams, namely the Palasari dam and the Tukadaya dam, sometimes if the dry season is quite long it can also result in a decrease in the amount of water, but in the agricultural field it increases the amount of use. water because the soil is dry automatically the soil absorbs more water, at this time sometimes conflicts occur between farmers who want to use water for their respective agriculture, what if there has been a prolonged conflict that disrupts the harmony in the community, the traditional village is obliged to take a decision and steps to resolve problems that occur.

Eksistensi Paralegal dalam Pemberian Bantuan Hukum di Desa Tuwed, Kecamatan Melaya, Kabupaten Jembrana Ida Ayu Tara Masari Budiana; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia, as a country based on law, In order to ensure fair legal certainty for all people, Indonesia has shown excellent development with the establishment of Law Number 16 of 2011 concerning Legal Aid. Legal aid in question is legal aid that can guarantee protection for the community, especially the poor and marginalized. As the embodiment of Law No. 16 of 2011, Paralegals are authorized to provide legal assistance in the non-litigation realm. This study aimed to determine the basic regulation regarding the role of paralegals and the existence of paralegals in the implementation of legal aid providers in Tuwed Village, Melaya District, Jembrana Regency. The results of this study are that it can be seen that the dominant community in Tuwed Village still does not understand the law, the lack of education on the law can affect the point of view, and also the behavior pattern of the community, this lack of public education can be one of the causes of a conflict. The provision of legal assistance in the non-litigation realm to increase the culture of legal awareness in the Tuwed Village community can be made by holding Legal Counseling.

Sanksi Pidana Pelaku Pencemaran Nama Baik Melalui Media Sosial Luh Putu Yustika Riani Kusuma; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Defamation is a continuous and active act in the sense that the suspect and the suspect meet face-to-face and defamation if it is expressed by speaking incorrectly and insinuating about someone to others and the news is heard by the person concerned through issues, or through newspaper media. and electronic media. The Government of Indonesia has made and stipulates legal regulations governing Electronic Information and Transactions in a form of legislation, namely Law no. 11 of 2008 concerning Information and Electronic Transactions. The purpose of this research is to analyze the regulation of criminal acts of defamation through social media and to discuss sanctions for perpetrators of defamation through social media. This research uses normative legal research, using a statutory approach and a conceptual approach. The system for regulating criminal acts of defamation through social media is regulated in Articles 310 and 311 of the Criminal Code and Article 27 paragraph (3) Article 28 paragraph (1) and Article 36 of the ITE Law. The sanctions are regulated in Article 45 paragraph (1) of the ITE Law, namely imprisonment a maximum of 6 (six) months and/or a fine of Rp. 1,000,000,000, - (one billion rupiah).

Perlindungan Hukum terhadap Pemandu Wisata yang Memiliki Izin pada Usaha Jasa Perjalanan Wisata I Kadek Boy Aditya Mertajaya; I Nyoman Putu Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

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Contact Name
Nyoman Gede Sugiartha

Contact Email
konstruksihukumjurnal@gmail.com

Phone
+6281237083338

Journal Mail Official
konstruksihukumjurnal@gmail.com

Editorial Address
https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location
Kota denpasar,

Bali

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nyoman Gede Sugiartha

Contact Email konstruksihukumjurnal@gmail.com

Phone +6281237083338

Journal Mail Official konstruksihukumjurnal@gmail.com

Editorial Address https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nyoman Gede Sugiartha

Contact Email
konstruksihukumjurnal@gmail.com

Phone
+6281237083338

Journal Mail Official
konstruksihukumjurnal@gmail.com

Editorial Address
https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location
Kota denpasar,

Bali

INDONESIA