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Nyoman Gede Sugiartha
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Jurnal Konstruksi Hukum
Published by Universitas Warmadewa
ISSN : 27465055     EISSN : 28099648     DOI : doi.org/10.22225/jkh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Konstruksi Hukum is a law of student journal articles for Law Science published by Warmadewa University Press. Jurnal Konstruksi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year january, may and september, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 380 Documents
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Perlindungan Hukum terhadap Konsumen dalam Peredaran Barang yang Diproduksi Tidak Sesuai dengan Label I Nyoman Gallan Tri Prasuta Purwanta; Ni Luh Made Mahendrawati; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3260.384-389

Abstract

In this era, the growth of the goods and services industry has had a positive impact. One of the positive impacts is providing sufficient quantity and higher quality demand, as well as there are a lot of alternative choices for consumers to meet their needs. On the other hand, there are also negative impacts, namely the use of technology and the impact of business behavior due to increased competition which has an impact on the consumer community. This study aims to determine whether business actors are responsible for consumer losses related to goods that are not produced in accordance with the label, and to find out what legal sanctions have been imposed on business actors for violations due to inappropriate labels and manufactured goods. This type of research is normative legal research. The results show that the responsibility of commercial actors is related to the mismatch between the label and the goods produced, namely compensation for damage, pollution, and consumption of goods or services. Then, legal sanctions can be imposed for violations of business actors, including imprisonment for a maximum of 5 (five) years or a maximum fine of Rp. 2 billion. Thus, it can be concluded that business actors can be held accountable for the incompatibility of labels with goods that have been produced, and if the violation is too detrimental to consumers, they can be prosecuted in accordance with applicable laws and regulations.
Sanksi Hukum Bagi Pasien Tidak Jujur Terinfeksi Corona Virus Disease 2019 Gede Dana Semara Putra; I Nyoman Putu Budiartha; l Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3261.390-395

Abstract

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas Ida Ayu Naradita; Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3262.396-400

Abstract

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.
Keabsahan Hasil Cetak Screenshot Sebagai Alat Bukti dalam Pemeriksaan Perkara Perdata I Gede P Astika Juniartha; I Nyoman Gede Sugiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3263.401-405

Abstract

The development of computer, telecommunication and information technology has proceeded in such a way that is now has a very big difference from 10 years ago. Trade and industrial business have given rise to new transaction models due to advantages of technological advances. In today's digital age computers, telecommunications, and information are developing very rapidly, making the use of this technology encouraging proof of screenshots to be one of the evidence used in court. This study aims to determine the legal regulation of printed evidence (screenshots) in civil court proceedings, and to determine the strength of the printed evidence (screenshots) in proving civil cases. The research method used is normative legal research with a statutory approach related to this research. The results show that the legal regulation of screenshot evidence can be seen in Law No. 19 of 2016 and Article 1866 of the Criminal Code which is usually used in civil case trials. Then, the strength of the screenshot evidence has the power of proof that is binding for the judge and the parties concerned. So, it can be concluded that screenshot evidence can be used in civil case cross-examination because it is in the same position as other evidence and can be used legally, and this screenshot evidence is binding both for judges and for other parties who wish to use it.
Perlindungan Hukum bagi Pekerja Paruh Waktu dalam Keselamatan dan Kesehatan Melalui Program Jaminan Sosial Tenaga Kerja I Kadek Surya Juliarnawa; I Puru Gede Seputra; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3264.406-411

Abstract

Nowadayas, the increasing of economic growth requires individuals to try to make ends meet. The employment relationship between the business owner and his workers is regulated in a work agreement. In the current covid-19 pandemic, many companies are implementing part-time work to reduce company operating costs. This research examines two main problems, namely the regulation of health and safety laws for certain time workers, and legal protection of social security for certain time workers. Normative legal research is used in this research by examining problems based on the applicable legal basis in the form of statutory regulations and supported by theories from experts. The results showed that the legal basis regarding health and safety for part-time workers is regulated in Article 99 paragraph (1) of Law no. 23 of 2003 concerning Employment which regulates that every worker and his family has the right to obtain employment social security. Then, employment social security is regulated in Law no. 40 of 2004 concerning the National Social Security System (SJSN) and Law no. 24 of 2011 concerning BPJS. The implementation of social security is based on simultaneous efforts that are family and mutual in nature according to the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia. Based on the research results, it can be concluded that in this case part-time workers do not really understand the protection of their rights as workers within a certain period of time. For this reason, this regulation on the protection of workers should be further disseminated to workers and business actors so that workers can obtain their rights in accordance with applicable regulations.
Konsinyasi dalam Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum Anak Agung Istri Pradnya Mita Iswari; I Nyoman Alit Puspadma; Luh Puru Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3265.412-417

Abstract

Land acquisition for generic interests can be made through two systems, namely the release of authority over land and cancellation of authority over land. However, the State must provide consequences in the form of compensation (consignment). This research covers the land acquisition process for public interest according to Law Number 2 of 2012, as well as to find out the procedures for depositing compensation (consignment) for public interest in court in the context of land acquisition. The research method used is normative legal research and problem approach by examining statutory regulations. The results showed that in Law no. 2 of 2012 there is a procedure for providing land which includes the process of planning, preparation, implementation and submission of results. Then, regarding the custody of compensation in court, there are 7 procedures such as the application must be submitted in writing in Indonesian, signed by the applicant and attached with supporting documents for the collector to pay the down payment through the bank, completed with applicant registration, negotiation of repayment, termination and reserve of compensation money. as well as revocation of compensation money.
Kebijakan Pemerintah dalam Memberikan Insentif Pajak Penghasilan Pasal 21 Kepada Wajib Pajak Terdampak Pandemi Covid-19 I Putu Widya Laksana Pendit; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3266.418-423

Abstract

The Covid-19 pandemic has been going on since the end of 2019 and has had a huge impact in the health, social and economic recession in Indonesia. The Government needs to take policies to anticipate these problems through fiscal policy. One of the policies issued was the provision of income tax incentives article 21 to affected workers. The problems of this research cover the substance of government policies in providing income tax incentives article 21, and the impact of providing income tax incentives article 21 for workers. The research method used is a normative legal research method, with a statutory and conceptual approach to the problem. The technique of collecting legal materials is carried out by recording, identifying, inventorying, and compiling according to the types of available legal materials. Based on the research results, it was found that the provision of Article 21 income tax incentives and borne by the Government has specific requirements regarding the business category and the amount of salary of workers who have the right to get the incentives. This is regulated in the Minister of Finance Regulation and implementation instructions through a letter from the Directorate General of Taxes Number SE-47/PJ/2020. The impact of providing this incentive can increase workers' income because income tax of Article 21 is borne by the government and helps workers maintain purchasing power. Thus, it can be concluded that the provision of income tax article 21 which is borne by the government has a fairly good impact on workers who meet the criteria and requirements, so that workers can also get incentives that are appropriate to their work and are able to support their daily needs.
Pengembalian Kredit dalam Hal Meninggalnya Debitur pada Lembaga Perkreditan Desa (LPD) Buduk, Mengwi Kabupaten Badung Ida Ayu Gede Putri Satrianingsih; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3267.424-428

Abstract

Village Credit Institution is a financial institution located in the Pakraman village which was established based on regional regulations and local awig-awig. In credit repayment, there are some factors that cause credit cannot be returned by the debtor, one of which is when the debtor dies. The problems examined in this study are the factors that cause the debtor to be unable to return credit to the Buduk Village LPD, and how to return credit to the Buduk Village LPD in the event the debtor dies. The type of research used is the empirical legal research with sociological approach and the fact approach. The results illustrate that the factors that cause the debtor to be unable to return credit to the Buduk LPD are bankruptcy of the business, the debtor's payment ability, the debtor's health, the debtor's death. Then, the procedure of credit refund at the Buduk LPD, namely the amount of the loan or principal will be subject to loan rate from the principal amount paid by the debtor, if the debtor dies, the credit return is delegated to the heirs by submitting a death certificate first.
Implementasi Pasal 53 Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi Terkait Pelaku Usaha Pertamini di Kota Denpasar Ferdy Pradana; I Nyoman Putu Budiartha; I Wayan Arthanaya
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3268.429-433

Abstract

Petroleum as a strategic natural resource contained in the Indonesian mining jurisdiction is and has become a national asset that has been controlled by the State. This study aims to explain the legal sanctions for first business actors who trade oil and gas without having a business license to distribute oil and gas and describe the implementation process of the government's prohibition against first business actors in Denpasar. This research uses empirical legal research. The data collection technique was carried out through interviews. The data sources used are primary and secondary legal materials. The results of this study indicate that the regulation regarding legal sanctions for first-time business actors who do not have a license to distribute oil and natural gas has been regulated in Article 53 of Law Number 22 Year 2001 concerning oil and natural gas regarding processing, transportation, storage and commerce. However, with the complexity of business activities today, this regulation has not been able to reach and accommodate the current first developments. The application of the government's prohibition against first business actors in the city of Denpasar is still very contrary to the practice in the field. Only one owner only uses a micro and small business license (IUMK). Apart from that, the government has not been able to take action because there is no legal basis for controlling
Sanksi Pidana terhadap Pelanggaran Lalu Lintas yang Mengakibatkan Hilangnya Nyawa Seseorang Maudy Aulia Putri; I Nyoman Gede Sugiartha; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.2.2.3269.434-438

Abstract

Congestion on the road is increasing nowadays, this has a huge impact on a person, the number of roads is not in accordance with the large number of vehicles this is a traffic accident. The trigger for traffic accidents is because people still lack understanding of how to drive. This study aims to explain traffic arrangements that occur to someone who reports someone's life and explain the criminal sanctions against traffic that reports someone's life. The method used is the method of normative legal research by using a technique of approaching the problem of invitation and conceptual. The data subsectors used are primary and secondary data sources. This study concludes that traffic and transport are ready to serve based on the assumptions contained in Article 316 paragraph 1 of the UULAJ. Criminal enforcement against traffic crime perpetrators is recorded in Articles 310 and 311 of the Law. The criminal investigation process at the District Court is carried out by means of a quick and simple investigation procedure.

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