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<![CDATA[Penanganan Kredit sebagai Kebijakan Countercyclical Dampak Penyebara Corona Virus Disease 2019 Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor ll/POJK.03/2020 di PT BPR Saptacristy Ut ama ]]>
<![CDATA[Kadek Dani Arditha Perrnana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3222.277-282
<![CDATA[The spread and growth of the Corona Virus in Indonesia directly and indirectly affect the performance and the capacity of micro, small, as well as medium business debtors. Therefore, it may undermine bank performance and financial system stability, thereby affecting economic growth. Based on these considerations, the Financial Services Authority (Otoritas Jasa Keuangan) issued the Financial Services Authority regulation number 11 /POJK/03/2020 which regard National Economic Stimulus as a Countercyclical Policy for the impact of Corona Virus Disease 2019. The purpose of this research is to find out how the Financial Services Authority's policies are in dealing with bad credit due to Covid-19. The research method that carried out in this scientific paper is the empirical method, namely legal research based on actual conditions in the field. The results of this research are the things that have not been regulated in the credit agreement can be changed and or added by using an additional agreement or addendum. In the Financial Services Authority Implementation Regulation No. l l/POJK.03/2020, the Financial Services Authority requires every bank to formulate guidelines to designate debtor's affectively the spread of Coronavirus Disease 2019. Each bank will have different policies for handling the credit of its debtor's.]]>
<![CDATA[Tanggung Jawab Pidana Korban Pemerkosaan Aborsi Janin Ditinjau dari Perspektif Hak Asasi Manusia ]]>
<![CDATA[Ni Luh Putu Sri Laksemi Dharmapadmi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[l Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3223.283-289
<![CDATA[Indonesia is a Legal State whose all aspects of citizens' lives are always rules and norms, be it sanctions or legal responsibilities that participate in growing in society. Responsibilitycan not only be imposedon the wrong-maker but the victim can shoulder this. From the statement, there are problems, namely the legal protection of victims of fetal abortion rape reviewed from a human rights perspective and criminal sanctions againstfetal abortion perpetrators based on human rights. This study aims to determine how the law of covering rape victims who perform fetal abortion. This writing uses the normative legal writing method where the writing is about principles, norms, and rules. In this writing the rape victim who decided to abort her fetus, this certainly makes the responsibility carried also by the victim who abortions her fetus caused by rape and makes the pregnancy that is not stopped that leads to abortion. Surely this is very contrary to the criminal law as well as the human rights of thefetus. Thispaper describesthat the responsibility of rape victims to the fetus abortion can be seen in terms of the human rights of a fetus and the victim himself.]]>
<![CDATA[Penegakan Hukum terhadap Modifikasi Kendaraan Bermotor oleh Satuan Lalu Lintas Polres Gianyar ]]>
<![CDATA[I Made Hadiyanta Purnama Sardi]]>;
<![CDATA[Anak Agung Istri Agung]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3224.290-295
<![CDATA[The rise of motorized vehicle modification can have a negative impact if there is a lack of understanding from the public, which can endanger motorists on the road. Every party who wishes to modify a motorized vehicle is required to have a permit as required in Law Number 22 of 2009 concerning Road Traffic and Transportation. The problems in this thesis are 1) what are the types of motor vehicle modifications that violate traffic regulations 2) How is the law enforcement against motorized vehicle modifications that violate the traffic regulations by the Gianyar Police Traffic Police The purpose of this research is to add insight into motorized vehicle modification in accordance with applicable regulations. This study uses an empirical method and uses a sociology of law approach. The results showed that the modification of motorized vehicles had to be subjected to a retype test, and, tit did not carry out the type test it would have violated Article 50 paragraph (1) of Law Number 22 Year 2009 concerning Road Traffic and Transportation. Then law enforcement on motor vehicle modification has been optimal, but there are still several factors that hinder enforcement.]]>
<![CDATA[Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016 ]]>
<![CDATA[Erlin Kusnia Dewi]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3226.296-302
<![CDATA[The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.]]>
<![CDATA[Kedudukan Suami Menurut Hukum Waris Bali dalam Perkawinan Nyeburin di Desa Adat Peliatan Ubud Gianyar ]]>
<![CDATA[Cokorda Gde Yudha Putra]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3227.303-308
<![CDATA[Balinese men are the successors of the lineage / continuation of the future of the family so that a family continues to have descendants and does not experience extinction. However, these hopes cannot come true if the married couple cannot give birth to a son or even have no children or offspring at all. The purpose of this study was to determine the law of Balinese inheritance in nyeburin marriages in the traditional village of Peliatan. The formulation of the problem in this study is what is the position of the husband in the Nyeburin marriage according to the Awig-Awig of the Peliatan Traditional Village and the factors that encourage the implementation of the Nyeburin marriage in the Peliatan Traditional Village. The type of research used is empirical using a sociological approach, statutory approach, conceptual, case and customary law approaches. The data sources obtained from this research are primary data from interviews and observations and secondary data from Awig-awig traditional villages, legislation and related research. The results of the research include the husband's position as predana in intermarriage according to the Awig-Awig of the Peliatan Traditional Village, if the marriage breaks either those who still live at their wife's house or who have returned to their original home (mulih deha / truna), no one has explicitly regulated in positive rule of law. The factors that encourage the implementation of the Nyeburin marriage in the Peliatan Traditional Village are due to the request of the woman's parents due to not having a son and only having a daughter, a factor that comes from the male side (as predana), namely because of mutual love between the two both sides.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Dokter yang Melakukan Malpraktck dalam Memberikan Pelayanan Kesehatan di Tengah Pandemi Covid 19 ]]>
<![CDATA[Aditya Ryan Hidayat]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3228.309-314
<![CDATA[Malpractice is an act of wrongdoing and action; thus, medical malpractice is the act of a health worker who is wrong in carrying out the medical profession (Professional misconduct) both from the point of view of ethical norms or leg al norms. The formulation of the problems in this study are (I) What is the legal arrangement for doctors in providing health services in the midst of the Covid 19 pandemic What is the form of criminal responsibility for doctors who commit malpractice in providing health services in the midst of the Covid I 9 pandemic. This study uses the research method of normative Jaw. This study uses two problem approach methods, namely the statutory approach and the legal concept approach. This study also uses three sources of legal materials, namely primary, secondary and tertiary legal materials. The purpose of this study is to determine the legal arrangements that govern health services in the midst of the Covid-19 pandemic. The main source of this research is the Criminal Code, Law Number 36 Year 2009 and Law Number 29 Year 2004. The results obtained from this study are criminal sanctions that can be imposed on doctors regarding malpractice in the middle. The Covid 19 pandemic is article 267 paragraph (I), 294 paragraph (2), 359, 361 KUHP, and article 190 of Law Number 36 of 2009 concerning Health, as well as article 79 of Law Number 29 of 2004 concerning Medical Practice. For the government to pay more attention to the health sector, especially regarding malpractice]]>
<![CDATA[Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung) ]]>
<![CDATA[I Putu Krisna llham Wiantama]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3229.315-319
<![CDATA[There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.]]>
<![CDATA[Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech) ]]>
<![CDATA[Ni Made Eka Pradnyawati]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3230.320-325
<![CDATA[Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.]]>
<![CDATA[Efektivitas Penggunaan Batas Waktu Surat Kuasa Membebankan Hak Tanggungan dalam Pemberian Kredit Bank pada PT.BPR Tapa ]]>
<![CDATA[Made Indira Sukma Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3231.326-331
<![CDATA[One of the institutions for providing capital and supporting the welfare of the people's economy is the Bank. Banks can channel funds to parties in need through the credit system. To provide legal certainty guarantees to the lending bank must be registered. Guarantee that takes precedence in this case, guarantee of materiality. One form of guarantee referred to is SKMHT. In the regulation or application of the Ministerial Decree on the Determination of Time Limits on the Use of SKMHT to guarantee the Repayment of Certain Loans, in reality, TAPA BPR is interesting for further study. The method used is an empirical legal research method. with a statutory, analytical, conceptual and sociological approach. The primary data collection technique in this study is the interview method. The results of this study indicate that there are three factors inhibiting the implementation of the time limit for using SKMHT in banking practices at PT. BPR TAPA, namely the credit guarantee does not have a certificate and the management period is long so that the SKMHT has ended, there is a disturbance in the BPN data input system, and the debtor is not willing to make payments, which causes SKMHT cannot be followed up by charging APHT]]>
<![CDATA[Perlindungan Hukum terhadap Anak Sebagai Korban Eksploitasi Seksual Komersial di Media Sosial ]]>
<![CDATA[Putu Cyntia Rizdyanti]]>;
<![CDATA[Agung Anak Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3232.332-337
<![CDATA[Indonesian citizens as a part of the elements of the world community who have a big responsibility to protect children's rights especially in human rights, which play a major role in maintaining children's welfare in social life. However, currently the exploitation of children is a problem that often occurs on social media, every child has the right to obtain a form of protection from all criminal acts of sexual exploitation. The government plays a role in protecting all forms of children's rights and providing education about the dangers of sexual exploitation on social media. This research uses the method of writing normative law which refers to the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines of the technique of collecting of data carried out by the literature, legislation which is associated with the type of normative legal research by analyzing each books to select the appropriate topic of the research that is analyzed systematically and link it with other materials. The results of the research revealed that sexual exploitation of children on social media is mentioned as a violation of what is contained in dealing with the form of protection given to a child as a victim of commercial sexual exploitation on social media. The criminal offense for child exploitation is to pay one hundred million rupiahs with five years in prison.]]>
