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"Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum"
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<![CDATA[Tindakan Kriminalisasi Terhadap Seseorang Dengan Menggunakan Instrumen Undang-Undang ITE ]]>
<![CDATA[I Made Rudy Darmika]]>;
<![CDATA[Sagung Laksmi Dewi]]>;
<![CDATA[I 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.3.2.4835.344-350
<![CDATA[Criminalization is a change in the value of changing many charges that were previously not criminal and not criminal into acts that are considered cunning and need to be punished. This research aims to find out how to regulate someone who commits an act of criminalization and the legal remedies that must be taken if someone is criminalized. This research is a type of normative and conceptual research on this problem. conceptual, case and comparative. This research emphasizes the interpretation and construction of law to obtain several legal norms, conceptions, lists of regulations and their implementation in concrete cases. From the discussion, the following results were obtained: The act of criminalizing a person using the ITE law instrument, which as previously explained is a concern for me as a writer for criminalization which is currently very common in Indonesia with various types of cases. Human rights that protect the right of every individual to express opinions and thoughts in public. His suggestion is the need for integrity from a judge who decides a case later so as not to make a wrong and unfair decision because he decides to punish someone who should be innocent but is found guilty. And the importance of awareness from law enforcement authorities is demanding someone who previously did not commit a crime but seems to have committed a criminal act or criminalized someone so that they have strong and professional integrity, always prioritize the legal interests and justice of the people or the majority above personal interests so that later cases like this not seen again in the future.]]>
<![CDATA[Pelaksanaan Perlindungan Hukum Bagi Wajib Pajak Kendaraan Bermotor di Kabupaten Tabanan pada Masa Pandemi Covid 19 ]]>
<![CDATA[A A Gd Jelantik Wisnu Putra]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4836.351-357
<![CDATA[The impact given by the COVID-19 pandemic is felt so widely in various sectors including in terms of regional income, especially on vehicle taxes, the motorcycle tax itself is a regional tax. Therefore, this research aims to find out the procedures for implementing motor vehicle tax collection during the covid 19 pandemic and to find out legal protection for motor vehicle taxpayers in Tabanan district. In conducting research, empirical research is used which is obtained from the results of observing real events in the field. The results of this research in the implementation of motor vehicle tax collection in Tabanan district based on the regional regulation of the province of Bali Number 1 of 2011, during the covid 19 pandemic it did not run effectively due to a decrease in motor vehicle tax payment income which mostly had an impact on the economic sector, obstacles in paying taxes on During the pandemic, taxpayers who paid taxes decreased which resulted in decreased local revenue. Legal protection for taxpayers in the event of a tax dispute, the taxpayer can file an objection or appeal, preventive and repressive measures are efforts to resolve tax disputes.]]>
<![CDATA[Akibat Hukum bagi Selebgram yang Melakukan Periklanan Menyimpang dari Ketentuan Peraturan Perundang-Undangan ]]>
<![CDATA[Adi Permana Agung]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Puspasutari Ujian]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
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DOI: 10.55637/jkh.3.2.4837.358-364
<![CDATA[Selebgram is a promotional service provider that has a role in helping business actors to promote a product or service, the promotion is usually in the form of advertising as a media promotion of products that will be produced and will be sold to the public or consumers with the aim of obtaining profits to be obtained by business actors. However, promotions that are carried out often provide excessive information to attract consumers' interest, sometimes the information presented is not clear and not with facts. The problems raised in this study are what is the legal position of the celebgram as the party that carries out advertising activities on the Instagram social media account, and what are the legal consequences if a celebgram does advertising deviating from the provisions of the legislation. The method used in this research is the normative legal method. In this study, the legal materials used are divided into two, namely primary and secondary. The results of the study indicate that the celebgram is not categorized as a party that has advertisements, this is based on Law No. 32 of 2002 concerning Broadcasting, as well as Law no. 40 of 1999 concerning the Press, despite the fact that the celebgram carries out the advertising activity, with this fact, the celebgram cannot be said to be the press. So that if it is reviewed based on the Press Law, the program has no legal standing and has no legal consequences.]]>
<![CDATA[Tinjauan Yuridis Industri E-Commerce dalam Melakukan Kegiatan Transaksi Online ]]>
<![CDATA[Dewa Gede Ananta Prasetya]]>;
<![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.3.2.4838.365-370
<![CDATA[This research is motivated by the development of information technology which is currently changing people's lifestyles. With the internet, it is easier to transact online, especially with online shopping applications. The online trading industry has had a rapid impact with the public shopping culture. The two problems found in this research are how the e-commerce legal arrangements in Indonesia and the legal consequences of not implementing the e-commerce industry in accordance with Law Number 7 of 2014 concerning Trade. The normative research method is a data collection technique in this research, by processing data sourced from the existing legal rules and related legal materials. From the results of this research, it was found that in the applicable law online trading, it is mandatory to hold permits, complete and accurate information for consumers. In this case, it is concluded that the e-commerce industry must pay close attention to legal regulations related to the provision of goods and services, lest consumers suffer losses due to the existence of the e-commerce industry, by sending inappropriate goods. It is likely that consumers will lose.]]>
<![CDATA[Perlindungan Hukum Wisatawan yang Berkunjung ke Tempat Wisata Berisiko Tinggi di Bali ]]>
<![CDATA[I Putu Andika Sanjaya]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4839.371-376
<![CDATA[The development of tourism opens up many high-risk tourist attractions in Bali. As a tourist place manager, you must pay attention to the comfort, security, safety of tourists, and the arrangement of protection and responsibility in the event of an accident against tourists. This is the background of this research. This research discusses the legal protection for tourists and how the responsibility of the manager of tourist attractions in the event of an accident to tourists. This research uses normative legal research with a statutory approach and legal concept analysis. This research concludes that the legal protection of tourists visiting high-risk tourist attractions in Bali refers to Article 20 of Law Number 10 of 2009 concerning Tourism and Article 4 of Law Number 8 of 1999 concerning Consumer Protection. The manager of tourist attractions must be responsible in the event of an accident referring to Article 1366 of the Civil Code, Article 7 of Law Number 8 of 1999 concerning Consumer Protection, Article 26 of Law Number 10 of 2009 concerning Tourism, and Article 6 number (3) of the Provincial Regulation of Bali Number 5 of 2020 concerning Standards for the Implementation of Balinese Cultural Tourism.]]>
<![CDATA[Tanggung Jawab Komisi Penyiaran Indonesia terhadap Glorifikasi Pelaku Pelecehan Seksual pada Media Elektronik ]]>
<![CDATA[I Kadek Ari Cahya Dwipa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Luh Putu Sudini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4840.377-382
<![CDATA[With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.]]>
<![CDATA[Efektivitas Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) terhadap Adat dan Kebiasaan Masyarakat di Desa Adat Menyali Kabupaten Buleleng ]]>
<![CDATA[I Putu Pradita Wiradinatha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4841.383-389
<![CDATA[Indonesia is a country with a large and diverse archipelago with many cultures, customs and traditions in various forms. An area that has unique customs is Bali and has many different traditional rituals, but right now the world is being hit by the Covid19 pandemic which requires PPKM, such as in the Mengali Traditional Village, Buleleng Regency. This research aims to discuss the effectiveness of the implementation of Community Activity Restrictions (PPKM) on the habits and customs of the community as well as the government's efforts in accelerating the control of Covid19 in the traditional village of President Menyali, Buleleng Regency. This research uses empirical legal research with a sociological legal approach. The sources of legal materials for this research consist of the main sources, including the Minister of Home Affairs Regulation no. 15 of 2021 concerning the Implementation of Restrictions on Community Activities for Corona Virus Disease 2019 and Governor's Regulation No. 12 of 2021 concerning the Enforcement of Restrictions on Community Activities Covid19 in a New Era of Life in the Province of Bali. As well as supporting legal materials taken from law books and legal journals related to this research. Interview techniques and note-taking techniques were used as data collection techniques. The result of this research is that the influence of PPKM on the habits of the people in the Mengali Traditional Village, Buleleng Regency is still very inefficient so that PPKM tightening covers several areas and other customary activities, and the role of local governments is less helpful in reducing these impacts. This pandemic is because people don't obey it. The government's appeal to implement PPKM policies such as long-distance travel requires showing a vaccine card.]]>
<![CDATA[Pelanggaran Tindak Pidana Lalu Lintas yang di Lakukan oleh Seorang Warga Negara Asing (WNA) di Kawasan Badung Bali yang Mengakibatkan Hilangnya Nyawa Seseorang ]]>
<![CDATA[Dewa Gede Dirgayusa Werdi Bumi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.55637/jkh.3.2.4843.395-399
<![CDATA[Bali is a well-known tourist destination in the international world. In supporting their daily activities, not a few foreign tourists use vehicles individually. And not a few tourists who violate traffic. The occurrence of traffic violations on the highway tends to allow accidents. The purpose of this research is to discuss the regulation of the rights of foreign nationals who commit traffic violations that result in the loss of a person's life and to examine the criminal factors against foreign nationals who commit traffic violations resulting in the loss of a person's life. This research uses empirical legal research methods using a juridical and sociological approach. The sources of legal materials used in this research are primary, secondary and tertiary sources. Data collection techniques in this research used interview techniques and note-taking and documentation techniques. The results of this research explain that foreign nationals have rights as witnesses in a process of proving a criminal case which is regulated in the provisions of Article 26 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which is specifically regulated regarding rights as citizens. Foreign. The lack of law enforcement against foreigners driving in the territory of Indonesia, especially Bali, is a factor causing accidents. It is hoped that the government will be able to tighten the enforcement of rules against foreigners driving in Indonesian territory and for rental parties to pay more attention to driving requirements for foreigners.]]>
<![CDATA[Sanksi Pidana terhadap Oknum Guru Olahraga yang Melakukan Kekerasan Seksual Kepada Anak Didiknya (Putusan Nomor 325/PID.SUS/2020/PN DPS) ]]>
<![CDATA[A.A.SG. Istri Sinta Maharani]]>;
<![CDATA[A.A. Sagung Laksmi Dewi]]>;
<![CDATA[I 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.3.2.4844.400-405
<![CDATA[Sexual violence is carried out regardless of social status, such as cases of sexual violence perpetrated by teachers against their students. With the decision issued by the Denpasar District Court No. 325/Pid.Sus/2020/PN Dps. A case of sexual violence that has occurred in an elementary school in Sembung Village, Mengwi, Badung. The purpose of this research is to analyze the criminal penalties for individual educators who commit acts of sexual violence against their students and discuss the judge's considerations in imposing criminal sanctions on educators who have acted immorally on their students according to decision Number 325/Pid.Sus/ 2020/PN Dps. In this case the researcher uses normative law as a research method, using a statutory approach and a conceptual approach. The sources of legal materials for this research are primary materials and secondary materials. Data collection techniques using note-taking techniques, and documentation techniques. The results of the research explained that the regulation of sexual violence that has been regulated in Book II Chapter XIV of the Criminal Code concerning Crimes Against Morals, and the Judge in determining the appropriate punishment for the defendant, must pay attention and arrange considerations so that the judge in making a decision, and the reasons clear and detailed.]]>
