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<![CDATA[Pengendalian Alih Fungsi Lahan Pertanian Pangan Berkelanjutan ]]>
<![CDATA[Komang Triana Ayunita]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2987.160-164
<![CDATA[Indonesia is a country consisting of several islands with unmatched natural beauty. One of the natural charms of Indonesia is the green area, namely rice fields. A place favored by tourists to capture photos of those who are amazed by the charm of rice fields, but it is increasingly being eroded by the era where rice fields are now changing their function from green areas to factory, housing, shops and supermarkets. It is the desire of every individual who wants to be more successful every day but forgets the importance of green area, so the government sets regulations restricting someone to change the function of rice fields, and sanctions for someone who deliberately violates government regulations. This study aims to explain the regulation of the conversion of land for sustainable food agriculture and explain the government's efforts to control the conversion of land for sustainable food agriculture. This research uses normative legal research which is literature law which refers to the legal norms contained in the legislation with a statutory approach. Data sources are primary and secondary legal data. The results show that government regulations cannot be realized evenly without awareness from the community itself, jointly implementing an orderly attitude of law that allows the government to reorganize green areas, which up to now are still changing functions and to protect the government's green area as well formulate regulations containing the protection and empowerment of farmers in cultivating green areas.]]>
<![CDATA[Perlindungan Hukum terhadap Pengguna Jasa Angkutan Sewa Umum di Provinsi Bali ]]>
<![CDATA[Made Bayu Anggara]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Ni Made Puspautari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2988.165-169
<![CDATA[Transportation is a very important field of activity in providing transportation services. The need for transportation (public transportation) is increasing, urban areas are expanding where the pattern of movement has covered the inter-region of Bali Province. Transportation of people with motorized vehicles that do not have a route is regulated by Regulation of the Minister of Transportation Number 108 of 2017 concerning the Implementation of transportation of people with public motorized vehicles that are not on routes. This study aims to analyze the implementation procedures for the implementation of public rental transportation in Bali Province and how the legal protection for public rental transportation service users in Bali Province. This study uses normative legal research methods, namely by examining library legal materials or primary materials and secondary data. The approach used is a statutory approach. The results showed that the regulation on consumer protection has been regulated in Law Number 8 of 1999 concerning consumer protection, hereinafter referred to as UUPK. Legal protection for users of public rental transportation services has referred to Law Number 8 of 1999 concerning consumer protection whereas business actors should provide the best service to consumers for the sake of mutual comfort and good.]]>
<![CDATA[Tradisi Manak Salah di Desa Adat Padangbulia Kecamatan Sukasada Kabupaten Buleleng ]]>
<![CDATA[Ni Luh Gede Astari Dewi]]>;
<![CDATA[I Ketut Sukadana]]>;
<![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.2.1.2989.170-174
<![CDATA[Manak salah is a tradition carried out by the Padangbulia indigenous people who consider that the birth of tapered twins (male and female) is a mistake which obliges the parents and the tapered twins to undergo temporary isolation for three months. This was considered contrary to humanity so that the government issued Regional Regulation Number 10 of 1951 concerning the Elimination of Manak Salah or Buncing Customs. This study aims to explain the manak salah tradition in the traditional village of Padangbulia and what are the factors causing the implementation of the manak salah tradition in the traditional village of Padangbulia. The research used is empirical legal research with a sociology of law approach and a case approach by looking at real legal events that occurred in Padangbulia Village and the sources of legal materials used are primary and secondary legal materials with techniques of collecting legal materials through interviews and recording which are analyzed qualitatively in The descriptive form of the analysis shows that Manak was wrongly implemented in accordance with the beliefs of the Padangbulia people with the palm-leafed god tatwa and brahma sapa which were used as the basis for the implementation of this tradition since time immemorial. Even though the manak salah tradition has been abolished, it is still being carried out today because of the belief of the Padangbulia indigenous people about the disasters that will occur if this tradition is not implemented.]]>
<![CDATA[Perlindungan Hukum bagi Pemegang Merek terhadap Pemalsuan Merek Fashion ]]>
<![CDATA[Ni Made Dwi Ari Cahyani]]>;
<![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.2.1.2990.175-179
<![CDATA[Trademark is a form of intellectual property which has a function to increase or smoothen trade in services or goods for those who carry out trade in investment and goods. This study aims to explain legal protection for brand holders against violations of fashion brand counterfeiting and to explain the settlement of legal violations against brand holders who are disadvantaged due to fashion brand counterfeiting. This research uses normative legal research methods, namely doctrinal legal research, also referred to as document library research or document study. The approach used is a statutory and conceptual approach. The data used are primary and secondary legal data sources. The results show that the existing legal protection also applies to brand holders, which is protection provided to legal subjects in the form of both preventive and repressive legal instruments. Legal violations against brand counterfeiting are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications article 83 paragraph (3), which uses the Commercial court route to become an institution in ending trademark disputes, falsification of famous trademark infringements can be resolved through the criminal legal process and legal channels. civil. Legal efforts to hold brand rights against acts of infringement of Zara's Fashion product brands can file criminal and civil lawsuits against proceedings and / or losses in the dragon court adjusted to the provisions stipulated in article 83.The suggestion is to implement the importance of socializing brand registration for legal protection against Brand holders towards increasing awareness for brand owners to register those used]]>
<![CDATA[Penyelesaian Sengketa Pajak Penghasilan (PPH) Pasal 21 melalui Pengadilan Pajak ]]>
<![CDATA[Ni Made Ina Sulastini]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2991.180-185
<![CDATA[Taxes are an important element that assists the state in financing government activities in the development sector. The implementation of tax obligations is not uncommon for tax disputes to occur between taxpayers and authorized officials. This study aims to explain the authority of the tax court in resolving tax disputes and to analyze the process of settling income tax disputes article 21 through the tax court. The research used is normative legal research with a statutory approach, namely examining legal principles and case studies or legal literature. The data used are primary and secondary legal data sources. The results show that the authority of the Tax Court is to resolve tax disputes. The Tax Court in the case of Appeal only examines and decides disputes over the objection decision, and in the case of a lawsuit the tax court has the right to examine and decide disputes over the implementation of tax collection. In addition to the duties and powers referred to in article 31, the Tax Court also oversees legal counsel who provides legal assistance to disputing parties in the Tax Court hearings. In the event of an Article 21 Income Tax Dispute, the settlement is carried out with legal remedies. Objection if the taxpayer is not satisfied with the objection decision, the taxpayer can file an appeal to the Tax Court and the taxpayer can also file a lawsuit]]>
<![CDATA[Tanggung Jawab Penyewa dalam Perjanjian Sewa-Menyewa Kendaraan Bermotor (Mobil) di Desa Tibubeneng Canggu ]]>
<![CDATA[Ni Made Nindya Maheswari]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![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.2.1.2992.186-190
<![CDATA[This study aims to determine the tenants' responsibilities in case of default in the motor vehicle rental agreement (car) in the village of Tibubeneng Canggu and to find out the settlement of default by the rent car against the tenants in the village of Tibubeneng Canggu. The research method used is empirical legal research with a sociology of law approach. This study uses primary data derived from observations and interviews obtained from 3 rent car owners in the village of Tibubeneng Canggu. Data collection used interview techniques, observation and inventory using qualitative analysis techniques. The results of the analysis show that the tenant's responsibility in the event of default in the motor vehicle (car) rental agreement in the village of Tibubeneng Canggu in terms of overtime is in the form of compensation by paying a fine in accordance with the agreed agreement. The settlement of default carried out by the rent car against the tenant in the village of Tibubeneng Canggu is an alternative dispute resolution through negotiation between the tenant and the rent car party. In order to reduce the occurrence of defaults in the case of overtime car returns, Rent Car pays attention to the clauses of the agreement with the tenant, especially in terms of overtime, so that it is made in a written agreement, and implements a full payment payment system in advance so as not to suffer losses. In addition, the tenant is expected to read and comply more with the contents of the agreement so that there are no negligence that can cause harm to the Rent Car]]>
<![CDATA[Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak ]]>
<![CDATA[Ni Made Yulia Chitta Dewi]]>;
<![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.2.1.2993.191-195
<![CDATA[Proving a criminal act of child rape must have valid evidence. The evidence itself aims to find material truth in order to prove whether the defendant is guilty or not. If in proving a criminal act of child rape, the judge considers that there is only one valid witness testimony and it is not supported by other evidence, of course this will become a consideration for the judge's decision. This study aims to analyze the principle of unus testis nullus testis in the crime of child rape and to find out the evidence of the crime of child rape by using one witness (unus testis nullus testis). The type of research used is normative research and conceptual approaches. The results showed that the testimony of the witnesses in the process of evidence was the main evidence for the judge's consideration. In criminal procedural law, the process of proof is carried out by presenting witnesses and supported by other evidence. In addition to the case of child rape, other than using witness testimony, other supporting evidence is needed, such as the results of a visum et repertum which are useful to prove that a crime has occurred. Independent witness statements must be followed by other valid evidence to strengthen the witness's testimony. To prove a crime of child rape, if there is only one witness, this cannot prove that the crime has occurred]]>
<![CDATA[Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia ]]>
<![CDATA[Ni Putu Purnama Wati]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![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.2.1.2996.196-201
<![CDATA[Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.]]>
<![CDATA[Perlindungan Hukum Para Pihak dalam Perjanjian Jual Beli Melalui Media Elektronik ]]>
<![CDATA[Pande Bagus Yoga Pratama Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.1.2997.202-206
<![CDATA[Electronic commerce (E-commerce is basically an act in which contact online transactions using the internet media, and also the existence of E-Commerce is a promising business alternative to be implemented today. This study aims to analyze the validity of the sale-purchase agreement through the media. electronic or internet according to Law No. 11 of 2008 and knowing the form of legal protection for parties in sale and purchase agreements through electronic media in the event of a failure. The research method used is normative legal research with a bullying approach. wan achievement, the party who is responsible for all legal consequences in the implementation of electronic transactions is if it is done alone, all legal consequences in the execution of the transaction are the responsibility of the transacting parties if it is done by granting power of attorney all legal consequences in the implementation of t Electronic transactions are the responsibility of the attorney if done through an electronic agent. All legal consequences in the implementation of electronic transactions are the responsibility of the electronic agent operators. It's simple if in this case an honest character is needed in good faith, where the seller and the buyer must be honest with each other, there are no parties and are harmed for their benefit only so that a valid agreement occurs, and also the goods being traded do not violate the law in Indonesia, such as sharp weapons, protected animals, human trafficking, and drugs.]]>
<![CDATA[Efektivitas Penertiban Parkir Liar di Kawasan Obyek Wisata Ubud ]]>
<![CDATA[Pande Putu Gede Parwata]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Artanaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.1.2999.207-212
<![CDATA[The problem of illegal parking that occurs in the tourist area of Ubud has prompted the Gianyar Regency Government to issue a Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area. This study aims to determine the effectiveness of the Gianyar Regent Regulation Number 57 of 2018 concerning the Management and Engineering of Traffic and Road Transportation and Parking in the Ubud Tourism Area and to determine the application of sanctions against illegal parking prohibitions in the Ubud Tourism Object area. This research is an empirical legal research. The approach to the problem used is the sociology of law approach. Based on the results of the study, the parked vehicles are not properly organized due to the lack of parking arrangements that occur in the tourist area of Ubud. The application of sanctions against the prohibition of illegal parking in the tourist area of Ubud is carried out, starting from giving warnings for breaking tires, towing the transportation of violating vehicles to tickets. Thus, law enforcement officers should be more assertive in effectively implementing the prohibition on illegal parking on the shoulder of the Ubud road area. The road user community should be pro-active towards the applicable regulations. People who obey the rules should not only be there when there are traffic officers, but also obey the rules when there is no guard.]]>
