Articles
20 Documents
Search results for
, issue
"Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum"
:
20 Documents
clear
<![CDATA[Efektivitas Sanksi Pidana Bagi Pelaku Pelanggaran Lalu Lintas di Kabupaten Tabanan ]]>
<![CDATA[I Gede Made Widia Permana]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5305.465-470
<![CDATA[Traffic violations are the cause of most traffic accidents. Efforts to reduce violations in a persuasive way seem very complex and cannot be handled properly and correctly by one agency, namely the police, so good coordination between agencies are needed to optimize repressive traffic law enforcement. This research aims to determine the effectiveness of criminal sanctions for traffic violations in Tabanan Regency. The type of research in the writing of this scientific paper is an empirical legal research type, with data sources categorized as primary and secondary. Data were collected by observation, interviews and literature review and then analyzed descriptively. In raising the problem, it uses qualitative data analysis which is applied descriptively. Perpetrators of traffic violations in the Tabanan Police jurisdiction are still relatively high because the level of public awareness in traffic order is still lacking. The effectiveness of the imposition of criminal sanctions for traffic order violators in Tabanan Regency is still not effective.]]>
<![CDATA[Akibat Hukum Pemutusan Internet oleh Pemerintah Saat Demonstrasi dan Kerusuhan ]]>
<![CDATA[I Gede Nyoman Aditya Riana Triputra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5306.471-475
<![CDATA[Internet is an important tool in aspects of human life today. However, what if the internet network in one area or more within a country is restricted or even cut off, such as the people of Papua and West Papua who are affected by internet disconnection during demonstrations, resulting in riots between civil society and the state apparatus. The purpose of this study is to find out the legal sanctions against internet disconnectors during demonstrations and riots and the judge's consideration of internet disconnectors during demonstrations and riots (Study of Decision No. 230/5.TF/2019/PTUN-JKT)? This research uses normative legal research type. Sources of data come from primary, secondary and tertiary, collected by literature study. The data were analyzed with the technique of understanding the laws of deductive and inductive logic. The results of the study show that legal sanctions that can be imposed on the government are fully decided by the State Administrative Officer in the State Administrative Court. Then, in terms of the judge's consideration in deciding the case, it is based on the provisions of Article 110 jo. Article 112 of Law Number 5 of 1986 concerning the State Administrative Court.]]>
<![CDATA[Analisis Yuridis terhadap Tindak Pidana Penggelapan Dalam Jabatan yang dilakukan Secara Berlanjut ]]>
<![CDATA[Ida Bagus Gede Arimbawa Putra]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5307.476-481
<![CDATA[In Indonesia, there is a classification of criminal acts that occur in social life, one of which is the crime of embezzlement committed by someone who is in a certain agency by using his position. This crime is closely related to morals and belief in someone's honesty which leads to a lie about that belief that takes advantage of the position itself. This research aims to determine the legal regulation of the crime of embezzlement in office, and to know the law enforcement against the perpetrators of the crime of embezzlement in office in Decision Number 58/pid.B/2021/PN Gin. This research uses normative research type. Sources of legal materials consist of primary, secondary and tertiary with statutory and conceptual approaches. Data were collected by recording and documenting, and analyzed descriptively analytically. The criminal act of embezzlement in office is continuously regulated in articles 372 to 376 of the Criminal Code. In Article 374 of the Criminal Code, the perpetrator is threatened with a maximum imprisonment of 5 (five) years. Meanwhile, criminal acts are continuously regulated in Article 64 paragraph (1), the perpetrators can be punished. And according to Decision No. 58/Pid.B/2021/PN.Gin, the perpetrator was sentenced to prison for 3 (three) years and charged him with paying court fees in the amount of IDR 5,000 (five thousand rupiah).]]>
<![CDATA[Peranan Pengurus dalam Pengembangan Yayasan Manggala Widya Sastra di Desa Batubulan Kabupaten Gianyar ]]>
<![CDATA[Ni Putu Dea Oktaviani Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5308.482-487
<![CDATA[Foundation is an entity in the form of a law which is generally used in matters, especially in the field of education. The purpose of establishing the Foundation in the field of Education is to advance and educate the nation's generation. One of the foundations in Gianyar in the field of education is the Manggala Widya Sastra Foundation. This study aims to determine the position and function of the management in developing the Manggala Widya Sastra Foundation in Batubulan Village, Gianyar Regency and to determine the efforts made by the management in developing the Manggala Widya Sastra Foundation in Batubulan Village, Gianyar Regency. The research method uses empirical legal methods, with a conceptual approach. Data were obtained directly in the field, by observing and interviewing, which were then analyzed qualitatively and descriptively. The results showed that the foundation was formed with the consideration that in practice the development of an educational foundation in Indonesia is based on the interests of the community and their habits. The function of the board is to carry out the vision and mission of the foundation, to develop school facilities and to plan the school's annual budget in which the foundation also assists in managing administration and finances.]]>
<![CDATA[Upaya Non Penal Terhadap Tindak Pidana Pencurian Bernilai Ringan di Mini Market ]]>
<![CDATA[Gusti Ayu Euanggelin Marsha Wangania]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5309.488-492
<![CDATA[Crime is a problem that arises from many factors that support it where there is a violation of the rules that should be obeyed by the community itself, and it is undeniable that the crime comes from the community. Some cases of criminal acts are also caused by economic problems, theft is a common crime, where someone robs another person of wealth or objects. The purpose of this study is to find out the settlement of the crime of theft of light value in mini markets with non-penal alternatives, and the obstacles to solving the crime of theft of light value in mini markets with non-penal alternatives. The type of research used in this research is empirical legal research, the sources of legal material are obtained by conducting interviews and literature studies. The results of the study indicate that the settlement of the crime of minor theft in the mini market is by non-penal efforts, which can be carried out with preventive efforts, namely efforts that can be made before the occurrence of a crime by dealing with the factors driving the occurrence of a crime. In terms of solving the problem of minor crimes, there is one solution that is considered to be able to humanize humans, namely Restorative Justice. There are 2 (two) obstacles in resolving cases of theft of light value in mini markets with non-penal alternatives, namely internal and external factors.]]>
<![CDATA[Implikasi Kebijakan Affirmative Action dalam Penentuan Quota Wanita Sebagai Calon Anggota Dewan Perwakilan Rakyat dalam Perwujudan Kesetaraan Gender di Indonesia ]]>
<![CDATA[Anak Agung Dita Intan Pertiwi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5313.493-498
<![CDATA[The affirmative action policy of determining the quota of women as candidates for members of the DPR regulates the relationship between women in the involvement of legislative candidates, not from the seats of women's representation. The purpose of this study is to find out the practical political arrangements as members of the DPR through elections. Knowing the position of women in practical politics in council members through elections as a manifestation of Affirmative Action policies in Indonesia. This research uses normative legal research. The collection technique is an inventory, analysis with a statutory and theoretical approach. The results of the study indicate that the regulation of practical politics for members of the People's Representative Council (DPR) through general elections is regulated in Law no. 7/2017which requires political parties to assign at least 30% of female legislative candidates to contest in the legislative elections. The position of women in practical politics as members of the council through elections as the embodiment of Affirmative Action policies in Indonesia, has an important role to participate in, but in the general election contestation in Indonesia it is still descriptive, namely only to fulfill administrative requirements.]]>
<![CDATA[Perceraian Bagi Masyarakat Hindu di Bali yang Tidak Mempunyai Akta Perkawinan ]]>
<![CDATA[I Made Dwi Mahardika]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5318.503-508
<![CDATA[There are many cases of divorce for Hindus in Bali, especially for marriages that do not have a marriage certificate. This study aims to determine the arrangements for divorce for those who are not married and the legal consequences for society, especially in Bali, for divorce, especially for those who are not married. The study method is a normative type of study, with a statutory and conceptual approach. Legal materials consist of primary, secondary and tertiary. Data were collected through literature study and analyzed descriptively based on deductive-inductive legal logic. The results of the study indicate that marriage arrangements for those who do not have marriages are not regulated in the Law or PP regarding marriage and how the legal consequences for the community, especially in Bali, for divorce, especially for those who do not have marriages are basically not recognized because they are not registered under administrative law because Marriage or divorce is legal according to Hinduism only, but in the District Court the divorce must be proven by a marriage certificate from the village head then the divorce process can occur. The author suggests that marriages should be carried out so that they are religiously legal or recorded in the state so that they are also legal under state or national law]]>
<![CDATA[Penegakan Hukum terhadap Pelanggaran Pemberlakuan Pembatasan Kegiatan Masyarakat (PPKM) Darurat di Kota Denpasar ]]>
<![CDATA[Ni Made Dwi Ari Cahya Utami]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ketut Adi Wirawan]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5319.509-514
<![CDATA[Since the Covid-19 pandemic that has been going on in Indonesia, the government has finally issued various policies regarding this problem, because people experience health difficulties as well as in terms of earning a living or the economy. One of the government's policies is to implement PPKM which is based on the Instruction of the Minister of Home Affairs Number 15 of 2021 concerning the Enforcement of Restrictions on Emergency Community Activities for Coronavirus Disease 2019 in the Java and Bali Regions. This study aims to determine Law Enforcement against Violations of the Enforcement of Community Restrictions (PPKM) Daryrat in Denpasar City. This study uses an empirical type. Consists of primary and secondary, with interview data collection techniques and literature study. Analyzed descriptively-qualitatively. The results showed that the Provincial Government of Bali, in this case the Governor of Bali, has issued a Circular Letter of the Governor of Bali Number 09 of 2021 concerning the Implementation of Emergency Community Activity Restrictions (PPKM) for Coronavirus Disease 2019 in the New Era of Life in the Province of Bali. The circular contains guidelines regarding the implementation of PPKM at the regional level, which later became the basis for the Task Force for the Acceleration of Handling Covid-19 in Denpasar City, namely Denpasar Mayor Regulation Number 32 of 2020 concerning Restrictions on Community Activities in Kelurahan Villages and Traditional Villages in Accelerating Corona Handling. Virus Disease 2019.]]>
<![CDATA[Pengaturan Tanah Terlantar dalam Peraturan Perundang-Undangan di Bidang Pertanahan ]]>
<![CDATA[Putu Amalia Diva Prasista]]>;
<![CDATA[Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5320.515-520
<![CDATA[PP Number 20 of 2021 concerning the control of abandoned areas and land, as a legal basis used in preventing land and potentially abandoned areas. Technological developments present a variety of entertainment such as offline and online games. Online games are in great demand among children and teenagers. The purpose of playing online games in Indonesia is to find out the positive impact of online games for students, to find out the negative impacts of online games for students, and to find out how to overcome the negative effects of online games. buying and selling items that belong to virtual objects. Although it doesn't have a real form, these virtual objects are considered valuable for players. The normative legal research method will certainly generate new arguments. Due to the online buying and selling of virtual objects, of course there will be misuse of these virtual objects to commit fraud. How is the arrangement of virtual objects in online games in Indonesia. How are criminal sanctions against abuse of virtual objects in online games in Indonesia. In writing this research, normative legal research is used, namely legal research carried out by examining library materials or secondary data, namely by studying and reviewing legal principles and positive legal principles derived from library materials and legislation. The conclusion from this research is that virtual objects can be called objects according to the law of objects in Indonesia and there are criminal sanctions against perpetrators of abuse of virtual objects.]]>
<![CDATA[Penyelesaian Kredit Macet dengan Jaminan Hak Tanggungan Pada Bank Syariah Indonesia ]]>
<![CDATA[Ulil Azmi Zare Tanda]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Indah Permatasari]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22225/jkh.3.3.5321.521-526
<![CDATA[The thesis research was motivated by the existence of bad loans that occurred in Indonesian Islamic Banks and also the settlement of mortgage guarantees which did not only occur in conventional banks but also occurred in Islamic banks. The discussion in this thesis is the regulatory mechanism and efforts to resolve the bad loans that occurred at Bank Syariah Indonesia. This research is a normative study to determine the procedure for resolving bad credit disputes with mortgage guarantees at Islamic banks. The discussion in this thesis is to discuss the arrangements and ways of resolving bad credit disputes so that these problems can be resolved in the future. The conclusion that can be drawn from this paper is the arrangement for the settlement of bad loans with mortgage guarantees at Islamic banks, efforts to overcome bad loans that can be done in 2 ways, namely litigation and non-litigation. Efforts to prevent bad loans at Bank Syariah Indonesia can be carried out by applying the precautionary principle and the 5C principle. This principle is a guideline used by banks to give approval to a credit application.]]>
