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<![CDATA[Pembebanan Hak Tanggungan dalam Pemberian Kredit pada Lembaga Perkreditan Desa (LPD) ]]>
<![CDATA[I Nyoman Agus Saputra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2977.102-108
<![CDATA[In 1984, the Provincial Government of Bali issued an idea to assist Pakraman villages in carrying out cultural functions. Through Governor's Letter Number 972 of 1984, November 1, 1984 concerning Village Credit Institutions. This study aims to explain the system of providing credit to village credit institutions with guarantee of mortgage rights and to explain legal remedies against customers who do not carry out the obligations as outlined in the credit agreement. This research was designed with normative research, the source of legal materials consisted of primary and secondary legal materials. Analysis of legal materials through interpretation analysis. The results of the study show that the provision of credit to village credit institutions with guarantees of mortgage rights is stated in the credit agreement between the LPD and customers who are required to also receive approval from the customary Bendesa, in this case to apply customary sanctions when bad credit occurs. Customary sanctions are the last resort after other efforts are unsuccessful with the aim that credit arrears can be paid back and bad credit customers do not carry out the obligations as outlined in the credit agreement are given sanctions for confiscation of collateral bound by imposition of mortgage rights for immovable objects. Of course this is adjusted to the regulation of the Governor of Bali Province Number 44 of 2017 binding on the imposition of mortgage rights in providing credit to the LPD which only applies to local customary villages, in this case the LPD is a savings and loan business entity owned by a traditional village.]]>
<![CDATA[Efektivitas Aparatur Sipil Negara dalam Pelayanan Publik Disdukcapil Kota Denpasar ]]>
<![CDATA[I Putu Baladeva Vidyasagara]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2978.109-115
<![CDATA[Making a Family Card is very important and only the state civil apparatus can process it, so the effectiveness and transparency of the community at the Denpasar City Civil Registry is very important in the process of public services. This study aims to analyze the public service arrangements and explain the constraints on the effectiveness of state civil apparatus of the Department of Population and Civil Registration, Denpasar City public services. The research method uses a descriptive empirical with a qualitative method. The data source is primary data through interviews and field observations. The results showed that the public service arrangements for Department of Population and Civil Registration, Denpasar City were civil registration documents such as Family Card, Identity Card, Certificate of Population includes a certificate of transfer, certificate of birth and certificate of death. Family Card is the document most frequently maintained at Department of Population and Civil Registration, Denpasar City. The effectiveness of state civil apparatus of Department of Population and Civil Registration, Denpasar City service is theoretically good, but the quality needs to be improved with the application of a digital system in the procedure for creating population documents. The obstacle found was the lack of responsiveness of service employees. Responses regarding input from the community are not being heard. In addition, the main obstacle is the lack of coordination between various service units which are related to one another, which is lack of coordination. As a result, there are often overlapping or conflicting policies between one service agency and other related service agencies]]>
<![CDATA[Implementasi Peraturan Daerah Kabupaten Badung Nomor 7 Tahun 2012 tentang Pengaturan Pasar Tradisional di Kabupaten Badung ]]>
<![CDATA[I Putu Gede Murditayasa]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2979.116-122
<![CDATA[Traditional markets are meeting place for traders and buyers, where trade is carried out by negotiation and bargaining. However, along with the times there has been a decline in the performance of traditional markets due to the existence of modern markets and the weak competitiveness of entrepreneurs conducting activities in traditional markets. This study aims to explain the procedures for implementing the revitalization of the Regional Regulation of Badung Regency Number 7 of 2012 concerning the regulation of traditional markets in Badung Regency and to analyze the inhibiting factors for the implementation of the Regional Regulation. This study uses an empirical legal research type using a statutory approach. The data used are primary and secondary data. The results show that the implementation of the revitalization of traditional market development in the Badung area is one of the moves by the government in charge of the regions in terms of reviving and re-developing markets which previously experienced a decline due to competition with growing modern markets, for this reason, the promulgation of regional regulation number 7 2012 concerning the arrangement and fostering of traditional markets, shopping centers and modern shops to make the existence of traditional markets better and their development, the second obstacle to the implementation of regional regulation number 7 of 2012 concerning the arrangement and development of traditional markets, shopping centers and modern shops lies in the enforcement factor, regulations, funding factors, management factors and community factors.]]>
<![CDATA[Akibat Hukum bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer III-14 Denpasar ]]>
<![CDATA[I Wayan Kusuma Purwanta]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2980.123-127
<![CDATA[The Unitary State of the Republic of Indonesia is a State of Law. Obligatory for Indonesian citizens to obey and obey the law, no exception for Soldiers of the Indonesian National Army. Apart from being subject to general legal rules such as the Criminal Code and also subject to special rules that only apply to soldiers of the Indonesian National Army, namely the Military Criminal Code and the Military Discipline Law Code. Discipline attitude is a basic milestone for TNI soldiers in carrying out their duties. If a TNI soldier lacks discipline in his life, it will lead to a criminal act. This study aims to explain the factors that cause TNI soldiers to commit the Esersion crime and to explain the legal consequences of the In Absentia decision for TNI soldiers who commit the crime of desertion. The method used is a juridical-empirical research method with a problem approach using case studies that are based on real events in the field without any deception and are pure in nature. The legal materials used are primary and secondary legal materials. The results of the study state that the legal consequence of In absentia a TNI soldier who commits the crime of desertion will remain on trial without the presence of the defendant and will be sentenced to imprisonment with additional penalties in the form of dismissal from military service and the factor that causes TNI soldiers to commit the crime of desertion is lack of discipline as a military soldier, the economy barely lives, is involved in a criminal act, is in debt and is influenced by environmental associations.]]>
<![CDATA[Penyelesaian Sengketa Penggelapan Hasil Kebun di Atas Tanah Landerform ]]>
<![CDATA[Ida Bagus Made Murda Soma Widya]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2981.128-132
<![CDATA[Embezzlement is an act that is detrimental to the country's economy. Embezzlement activities are carried out on the assumption that making money is faster than having to work by following the rules of the company. Community behavior reflects low moral values. This study aims to analyze the arrangement of and describe the procedures for settling disputes over embezzlement of Landreform land crops. This research uses normative legal research with a statutory approach that is based on law as the basis for research. The data used are sourced from primary and secondary legal materials. The research results show that the applicable law is not so important for some people who have power over a building or land ownership and prefer power over land that should not be private property. As for the regulation of Landreform is a prohibition aimed at all people who want to control land beyond their ability or part of it without permission and notify their intentions in advance to others. Settlement of disputes over embezzlement of land reform land products can be resolved by non-litigation (outside the court) and litigation (in court).]]>
<![CDATA[Kedudukan Hukum Tanah Adat Pelaba Pura sebagai Tanah Ulayat di Desa Tampaksiring Kabupaten Gianyar ]]>
<![CDATA[Ida Bagus Nyoman Trisya Andika]]>;
<![CDATA[I Wayan Wesna Astara]]>;
<![CDATA[I Putu Gede Seputra]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2982.133-137
<![CDATA[Bali as a province with strong customs also has several binding customary laws. The status of ulayat land still lacks legal protection. There are still many villagers who do not take care of the temple land or in the status of their ulayat land which is legal. This study aims to determine the existence of pelaba pura customary land as communal land in the village of Tampaksiring, Gianyar district by law of agrarian law and to analyze the implementation of the legal position of the pelaba pura land in Tampaksiring Village, Gianyar Regency. This study uses empirical legal research with a statutory approach. The source of law is primary legal materials, namely using legal materials that are studied using specifically applicable regulations, while secondary legal materials are based on literature, articles, journals and related to problems. The results showed that the process of resolving the land certification of pelaba pura land in Tampaksiring Village, Gianyar Regency was by using the customary offense sanction, namely by fencing the land according to the results of the customary paruman that had been implemented. Finally, the land was voluntarily handed back to the temple. The legal position of the temple's pelaba land in Tampaksiring Village is an important matter that must be considered because there are still many suspected cases that have occurred in Balinese society, especially in Tampaksiring Village. In land disputes, the temples in Tampaksiring refer to customary law where the sanctions imposed on land certifiers are sanctions that have been agreed upon and regulated in local customary law.]]>
<![CDATA[Tindak Pidana Pengguguran Kandungan oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia ]]>
<![CDATA[Kadek Jiyoti Mahayana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2983.138-143
<![CDATA[Abortion treatment is a problem that is contrary to any religion and the laws of Indonesia. However, it is known that there are also those who support and those who oppose abortion, which often happens to women who experience pregnancies as a result of rape, because women victims of rape who undergo abortion also need attention to their psychological conditions who are traumatized about the events that have happened to them. This study aims to examine the legal protection of rape victims who have aborted based on the Criminal Code and explain the criminal act of abusing the womb by victims of rape in the reform of the Criminal Code. This type of research is normative legal research with a conceptual approach. Primary and secondary legal data sources. The results of the study show that the legal protection of rape victims who have aborted their womb in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others as described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women rape victims who do abortions which can cause psychological trauma, the regulation of which is stipulated in law no. 36 of 2009 Article 75 paragraph (2). In the Criminal Law Reform Regulations on abortion are regulated in the Draft Criminal Code 2019, Chapter XXI, which is included in the second part of the crime against life regarding abortion, article 470 to article 472 of the 2019 RUUKUHP.]]>
<![CDATA[Pelaksanaan Perubahan Hak Guna Bangunan yang Dibebani Hak Tanggungan Menjadi Hak Milik Untuk Rumah Tinggal ]]>
<![CDATA[Komang Adhi Kresna Purnama]]>;
<![CDATA[I Nyoman Alit Puspadma]]>;
<![CDATA[Ni Gusti Ketut Sri Astiti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2984.144-148
<![CDATA[This study aims to analyze the implementation of changes in building use rights that are encumbered with mortgages to property rights for households and to explain legal protection for creditors whose objects of collateral have been encumbered with Mortgage Rights are requested to change from Building Use Rights to Property Rights. The research method used in this research is normative legal research with a statute approach and a case approach. Data sources are primary and secondary legal materials which are analyzed qualitatively. Data processing is carried out by describing and describing all legal materials as a result of document studies and interviews enhanced by literature study and study of applicable provisions. The results of this study indicate that the implementation of changes in building use rights to property rights in the Land Office is processed in accordance with the provisions of the Regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency Number 5 of 1998 concerning Changes in Building Use Rights or Right to Use Land for Residential Land with Mortgage Rights become Property Rights. These changes can be made at the request of the right holder with written approval from the holder of the Mortgage along with a Certificate of Mortgage at the Land Office where the object of the Mortgage is located and for the implementation of changes in building use rights that are still burdened with the Mortgage Right to Ownership Rights have legal consequences that the Mortgage Rights the person concerned becomes erased (void) as stated in the provisions of article 18 paragraph (1) letter d of the UUHT but does not cause the guaranteed debt to be written off.]]>
<![CDATA[Sanksi Pidana terhadap Siswa yang Melakukan Tindak Pidana Penganiayaan Kepada Guru ]]>
<![CDATA[Komang Devi Triveni]]>;
<![CDATA[A.A. Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2985.149-153
<![CDATA[The education is the main thing that will sustain the progress of a nation. Teachers are professionals who have the task of teaching, educating and training. The teacher's job is to teach students to have the knowledge and skills of each subject area. In carrying out their obligations, teachers are protected by Article 39 Paragraph (1) of Law Number 14 of 2005 concerning Teachers and Lecturers and strengthened by the issuance of Government Regulation Number 74 of 2008. In practice, Teachers often receive unpleasant treatment such as persecution by students until causing the death of the teacher and the criminal sanction that can be imposed on the student refers to Article 338 concerning Murder where persecution deliberately takes the life of another person. This study aims to explain the management of criminal acts of molestation committed by students to teachers and to explain the criminal sanctions for students who commit acts of molestation to the teacher. This research uses normative legal methods and analysis of legal interpretation and exposure, because this is related to the outcome of criminal sanctions, the approach used is the statutory approach. The data sources used were prime and secondary legal data. The results showed that in the Criminal Code Chapter XX concerning persecution, this is useful to provide a deterrent effect on the students themselves. The Criminal Code for criminal sanctions against the perpetrator refers to Article 338 of the Criminal Code regarding murder, considering that the perpetrator is still a minor, the maximum sentence given to the perpetrator (one half) of the maximum imprisonment for adults as regulated in Law Number 11 of 2012 concerning the Juvenile Justice System.]]>
<![CDATA[Sanksi Pidana terhadap Pelaku Tindak Pidana Informasi dan Transaksi Elektronik ]]>
<![CDATA[Komang Gede Dicki Saputra]]>;
<![CDATA[I Made Sepud]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2986.154-159
<![CDATA[The internet is one of the electronic media in the field of information and communication that is able to connect people around the world, so that the world feels increasingly narrow and borderless because of the ease in establishing communication. Indonesia is currently experiencing a serious problem, namely that the people are no longer obedient to the law, even some of them are blind about the law not because they do not understand the law. Therefore it is important to socialize to the community. This study aims to explain criminal acts against the treatment of broadcasting information through social media as well as a solution to avoiding unfair treatment through social media. This research is designed to use normative legal research, which is looking for and sorting information obtained in the library without deviating from the issues discussed and the current positive law. The approach used is the statutory approach. Sources of research data are primary and secondary data. The results of the research show that the actions of a person who deliberately defames someone's name, whether it is done intentionally or not in public or on social media, can be sentenced to prison and compensation for the actions he has committed which the two Governments as guarantor of defamation victims do not remain silent other than Providing dependents to the victim also provides compensation in kind in the form of rules that prohibit someone from damaging the good name of Article 37 Paragraph (3) of the ITE Law as a solution for the government to reduce criminal acts of defamation and is a reference for judges in deciding matters related to defamation that's happening on social media.]]>
