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<![CDATA[Tindak Pidana Pelanggaran Lalu Lintas dan Upaya Penanggulangannya pada Masa Pandemi Covid-19 ]]>
<![CDATA[I Gede Krisna]]>;
<![CDATA[I Nyoman Gede Sugiarta]]>;
<![CDATA[I Nyoman Subamiya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3233.338-343
<![CDATA[Traffic as a process that occurs on the highway, where its existence has a very important and central role in society, so it cannot be denied that its existence is one of the needs of the community in the form of a means to fulfill mobilization activities to meet every basic need. Traffic violations often occur and cause mobilization to be disrupted, hence the need for criminal acts for people who do not obey traffic rules. The method used in this research is an empirical, which is to study about the applicable laws and regulations by relating the issues discussed. The primary data collection technique was carried out by conducting interviews with members of the Police in the field of traffic violations at the Gianyar Regional Police. The results shows that the factors causing traffic violations were substantial factors, structure, and culture from the community. Efforts to overcome this include enforcing patrols, placing guard posts, arranging them, and socializing them to the public.]]>
<![CDATA[Sanksi Hukum Penghinaan Terhadap Orang yang Sudah Meninggal Melalui Media Sosial di Indonesia ]]>
<![CDATA[Kadek Suryasantosa]]>;
<![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.2.2.3234.255-259
<![CDATA[Currently, advances in information technology, globalization and electronic media are increasingly spreading in various fields of public life. This progress with the existence of an internet network is very easy to operate through the media, namely electronic media. The existence of it makes it easy for humans to do various things such as exchanging various information that can be obtained quite easily, and low cost. Therefore, people can do negative things that are not supposed to be done for their personal interests. This study aims to explain the legal arrangements for insulting people who have died and to explain criminal sanctions for criminal acts of humiliation through social media for those who have died. This research was designed using normative legal research methods, with a conceptual problem approach and a case approach. The data sources used are primary, secondary and tertiary legal data sources. Data were collected by recording, quoting, reading, and summarizing the literature referring to changes in gender status in Indonesia. After the data is collected, it is then analyzed systematically and relates it to legal materials. The result of this study indicates that Articles 320 and 321 of the Criminal Code will be used as the legal basis for a type of insulting act and Article 27 paragraph 3 of the ITE Law will be used for the basic purpose of a media that has been used. Furthermore, cases of insulting a deceased person can be subject to imprisonment for six (6) months as is the content of Article 446 paragraph I of the Draft Criminal Code but the legal process cannot proceed if there is no reporting from the family concerned.]]>
<![CDATA[Penegakan Hukum Larangan Berburu Satuan Liar di Wilayah TNK Labuan BAJO Manggarai Barat ]]>
<![CDATA[Fransiskus Leric Kleden]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3235.228-232
<![CDATA[The diversity of fauna in Indonesia is Yaranus komodoensis in the Komodo National Park (TNK) Labuan Bajo, East Nusa Tenggara. Currently, Kornodo is suspected of experiencing local extinction, thought to be caused by a reduced deer population due to illegal hunting, law enforcement on the prohibition of hunting wildlife in the area is still ineffective considering that hunting of wild animals is still happening. Efforts are made to increase the effectiveness of law enforcement on wildlife hunting by socializing the community and increasing the number of forest police officers in each region. . The research method used is empirical legal research, meaning that a study examines the problem based on the facts that occur in the field. From the research, there was hunting of deer wildlife in Komodo National Park. The purpose of this research is to determine the enforcement of the law on the prohibition of hunting wildlife in the Kornodo National Park and to find out the effectiveness of enforcing the law on the prohibition of hunting wildlife in the Komodo National Park.]]>
<![CDATA[Renegosiasi sebagai Upaya Penyelesaian Wanprestasi dalam Kontrak Bisnis Selama Masa Pandemi Covid-19 ]]>
<![CDATA[Aryabang Bang Frisyudha]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Komang Arini Styawati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3253.344-349
<![CDATA[Government policies due to the spread of Covid-19 have caused a weakening economic impact due to restrictions on community activities as well as business activities including the implementation of business contracts. The realizing of the rights and obligations of the business contract is hampered, and even there is the possibility that it will not be carried out which caused non-performance of contract. One of the contracts that caused it during the pandemic is the banking sector which refers to credit contracts. The research method used is normative research with statutory and approach. The technique of collecting materials applied in this research is literature study in the form of literature, journals and the results of previous research and documentary studies. in the form of a collection of the documents with interpretation and review through statutory regulations based on primary and secondary legal sources. The results shows that the legal consequences of renegotiation on the implementation of business contracts during the Covid-19 pandemic have generated goodwill from the parties in the contract where both parties act with consideration of the interests of the other party as well as during the current pandemic where creditors must pay attention to the interests of the debtor and the role The government in its efforts to settle business contract defaults during the pandemic is to implement a countercyclical policy.]]>
<![CDATA[Implementasi Pemasangan Reklame Berdasarkan Peraturan Walikota Denpasar Nomor 3 Tahun 2014 tentang Penyelenggaraan Reklame ]]>
<![CDATA[da Bagus Gde Wisnu wardhana]]>;
<![CDATA[I Ketut Kasta Arya Wijaya]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3254.350-355
<![CDATA[The implementation of billboards through their installation at this time still does not follow the procedures regulated by the existing legal regulations, resulting in an impression of disorder along roads in Denpasar City which are considered to be damaging to aesthetic and cleanliness values due to poor arrangement. Basically the function of billboards is to convey information, but if there is an irregularity in the installation, the public is reluctant to see the contents of it, so legal rules are needed related to this issue. This method used is empirical research, then the approach is carried out sociologically. Primary data from this research is by conducting interviews with the Denpasar City Civil Service Police Unit (Satpol PP). In addition, the use of Denpasar Mayor Regulation Number 3 of 2014 concerning the Implementation of Advertising. to literature books, related journals also help this research. The result of the research indicates that IMB-R and SIPR can only be issued according to the needs of the advertisement organizer based on the Regulation of the Mayor of Denpasar Number 3 of 2014, in controlling billboards that do not have IMB-R and SIPR permits based on the Regulation of the Mayor of Denpasar Number 3 of 2014 carried out by the Organization. The Regional Government of Denpasar City based on the Decree of the Mayor of Denpasar Number 188.45 / 422 / HK / 2013 concerning the formation of a team for organizing the Denpasar City billboard. Controlling the installation of billboards, namely written warnings to advertisement organizers and demolition of billboards.]]>
<![CDATA[Pendekatan Restorative Justice dalam Penyebaran Berita Bohong (Hoaks) Terkait Covid-19 ]]>
<![CDATA[I Ketut Arya Darmawan]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3255.356-360
<![CDATA[The number of Hoax cases that occurred in the community has increased. Hoax is not only a problem in itself but has a broad impact on various events. Moreover the need for sanctions against those who spread hoax news. This study uses a normative legal research type. The data collection technique in this study was carried out by literature study. Sources of legal materials used are sources of primary legal materials and sources of secondary legal materials in the form of theories, literature, and scientific works. The results of this study indicate that the Restorative Justice approach can be applied to the perpetrators of spreading hoaxes related to Covid-19. The application of Restorative Justice is in accordance with the philosophy of the Indonesian nation, namely Pancasila, especially the 4th precept, which emphasizes deliberation. Sanctions for the perpetrators of spreading hoaxes related to Covid-19 are imprisonment and fines. To reduce the impact of hoaxes circulating on social media, it is better if people filter news so that people as social media users do not violate applicable regulations.]]>
<![CDATA[Hukuman Mati dalam Tindak Pidana Narkotika Ditinjau dari Perspektif Hak Asasi Manusia (Studi Putusan Mahkamah Konstitusi Nomor 2-3/Puu-V/2007 ]]>
<![CDATA[Christofel Brayn Leonard Totomutu]]>;
<![CDATA[I Ny Oman 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.2.2.3256.361-366
<![CDATA[The capital punishment is regulated in several laws and regulations in Indonesia, in particular for narcotics crimes that are submitted for judicial review against the Constitution. The type of research used is the type of normative. The sources of the data used in this research are primary, which are taken from the original source of the law and secondary materials are materials derived from books, journals and scientific works and tertiary legal materials. The technique of collecting data in this research is carried out by collecting existing materials or studying documents from existing laws and regulations as well as the decisions of the constitutional court judges and explaining the sentence by using the legal material processing method systematically. The purpose of this research was to determine the capital punishment for narcotics crime in terms of human rights and to find out the judges considerations on the capital punishment for narcotics crime in Indonesia based on the decision of the constitutional court number 2-3/PUU-V/2007. The results of the research revealed that the capital punishment for narcotics crime has been stated in articles and laws, but on the other hand there is a consideration of the panel of judges regarding the capital punishment case for narcotics crime that the capital punishment in the Narcotics Law does not contradict human rights and human rights as in the 1945 Constitution of the Republic of Indonesia because the guarantee of human rights and the right to life in the 1945 Constitution of the Republic of Indonesia does not adhere to absolute principles.]]>
<![CDATA[Akibat Hukum Perjanjian Pinjam-Meminjam Uang yang Dinyatakan Batal Demi Hukum ]]>
<![CDATA[Ni Made Ayu Pratiwi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Komang Arini Styawati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3257.367-372
<![CDATA[The money lending and borrowing agreement is an agreement involving the debtor and the creditor. In this type of agreement, there is usually what is called a null and void agreement. This research uses a method based on a statutory and conceptual approach. Sources of data used are primary and secondary legal materials with library research. The technique of collecting data is by recording, quoting, summarizing and then reviewing documents in the form of laws and regulations, literature, magazines, newspapers, and other articles related to the object of research. The material is presented descriptively, namely in the form of written or oral words from the informants relating to the issues discussed so that conclusions can be explained. The purpose of this research is to find out the loan and loan agreement which is declared null and void and the legal consequences for the parties of the agreement which are null and void. The results of the analysis found that the occurrence of a null and void agreement in a money loan agreement. A null and void agreement can occur because the objective requirements stipulated in the law are not fulfilled and the legal consequences for the parties are not clearly written in the rules of the Civil Code, where in The regulation only contains the loan and loan agreement and the validity of an agreement does not discuss the sanctions for the parties in the event of a null and void agreement]]>
<![CDATA[Efektivitas Bantuan Hukum Advokat di Pos Bantuan Hukum (Posbakum) Pengadilan Negeri Denpasar Kelas I A ]]>
<![CDATA[Gregorius Yolan setiawan]]>;
<![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.2.2.3258.373-378
<![CDATA[The development of the concept of a rule of law is a product of history, because the formulation or definition of a rule of law is constantly developing in line with the development of human resources. The state is obliged to provide legal assistance with the aim of protecting and prospering the community, this is in accordance with Article 27 paragraph (1) of the 1945 constitution of the Republic of Indonesia, it is stated that all citizens are equal before the law. The purpose of this research is to explain the position of the legal aid post (Posbakum) in the Denpasar District Court Class IA in providing legal assistance to defendants whose sentence is over 5 years and to find out the factors of constraints for the assistance post (Posbakum) in the Denpasar District Court. This research is designed using empirical legal research with a statutory approach, then the data sources used are primary and secondary data. The data collection procedure was carried out by means of interviews and records, which were then analyzed using descriptive qualitative methods. The results showed that the legal assistance provided by lawyers at the legal aid post (Posbakum) at the Denpasar District Court Class IA was effective because it had carried out the provision of law to the underprivileged community either through direct appointment by the judge or through submission of a letter from the poor. according to Law No. 11 of 2011 concerning Legal Aid and in accordance with the MoU which was signed between the Denpasar District Court Class 1 A and the legal aid post. As for the factors that were often faced by the aid post (Posbakum), namely the defendant himself, namely that the family of the defendant was difficult to find to ask for a statement of incapacity and the community's low knowledge of legal aid facilities.]]>
<![CDATA[Eksistensi Perkawinan Endogami di Desa Adat Tenganan Pegringsingan Karangasem ]]>
<![CDATA[I Gede Bagus Indra Baskara]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3259.379-383
<![CDATA[Bali is an area that has its own uniqueness and traditions in each village, including marriage. The traditional village of Tenganan has different characteristics and traditions from other villages, namely that the marriage system must be endogamous. This study aims to explain the status of village manners for men who marry women from outside Tenganan Village and to find out the customary sanctions for men who marry women from outside Tenganan Village. The research was designed with empirical legal research, with a sociological juridical approach, a statutory approach. The data used are primary data and secondary data. The research location is in the Tenganan Traditional Village, Manggis District, Karangasem, Bali. Data obtained using non probability sampling techniques, observations, interviews. Furthermore, the data is processed and analyzed descriptively qualitatively. The results showed that marriages between men from Tenganan Village and women from outside Tenganan Village who can still be invited in Tenganan Village are women who have caste or come from Pasek residents. Sanctions for men from Tenganan Village who marry women from outside Tenganan Village are in the form of sanctions decreasing the status of krama, from village krama to krama gumi home no longer becoming village manners and also not taking part in ngayah at Bale Agung Temple.]]>
