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Perlindungan Hukum bagi Pedagang Mobil Bekas terhadap Konsumen yang Melakukan Wanprestasi
Bagus Putu Lanang Agastya;
Anak Agung Sagung Laksmi Dewi;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2130.63-67
The sale and purchase of expertise in contract law regarding the terms of the legality of the agreement and all the provisions in the legal agreement governing the sale and purchase activities and protecting the parties from default regarding the rights and obligations of each party. The purpose of this study is to determine the form of legal protection regulations for used car dealers against consumers who default and respond to the law for consumers who default. This study uses a normative method. The data analysis technique was carried out systematically using legal arguments and presented in a descriptive form. The results showed that in order to protect the parties from a default, it is necessary to have an agreement that is binding in nature and each of them has rights and obligations if it is violated, it will set a sanction in accordance with the agreement made in general in the form of compensation. Meanwhile, the result of default by the consumer must be responsible and compensate according to the agreement between the two parties. Therefore, through this research it is hoped that trade activities are carried out and implement the importance of agreements and pay attention to all requirements in the law. The goal is to protect yourself from unwanted events.
Sanksi Hukum terhadap Pelanggaran Hak Cipta yang Dilakukan oleh Perusahaan Karaoke
Bayu Kusuma Permana Putra;
I Nyoman Putu Budiartha;
I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2131.68-72
Copyright protection, especially for making music or songs, is a serious problem because there are so many pirated music or songs in Indonesia. Royalties must be given to the person who creates or owns the work because other parties use the work for sale. However, sometimes entrepreneurs who use the work of other people in their business do not make or are negligent in paying royalties which can cause harm to the copyright holder. The purpose of this study is to determine the royalty arrangements for song copyright holders in karaoke companies and to find out legal sanctions against karaoke companies that do not provide royalties to copyright holders. This research is a normative legal research with a statutory approach and a case approach. The type of data used comes from primary legal materials and secondary legal materials then analyzed by deductive-deductive logic. The results of the research show that in Law Number 28 of 2014 concerning Copyright Everyone who without rights and or without the author's permission or copyright holder violates the creator's economic rights as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for Commercial Use, shall be punished with imprisonment of up to 4 (four) years and / or a maximum fine of Rp. 1000,000,000.00 (One Billion Rupiah).
Implementasi Kebijakan Pemerintah dalam Penataan Parkir Guna Mewudjudkan Tertib Lalu Lintas (Studi Kasus di Kota Labuan Bajo Kabupaten Manggarai Barat)
Bonifasius Fantura;
I Ketut Kasta Arya Wijaya;
I Nyoman Subamia
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2133.73-77
This research is motivated by awareness and concern for public order, especially in tourist areas. This study aims to determine the policy actions of the West Manggarai Regency Government in managing parking in order to create orderly traffic and to find out the factors that hinder the parking arrangement in order to create orderly traffic in Labuan Bajo City, West Manggarai Regency. This research was designed using a qualitative descriptive method. The techniques used in collecting data are through interviews and documentation. The results show that the government's policy actions in managing parking in the city of Labuan Bajo have not run according to the regulations in the Labuan Bajo city area. Then, there was a mistake between the content of the policy and the implementation in the field. In addition, there is still a lack of awareness from the public to obey traffic regulations, especially parking and a lack of complete facilities where there are 2 areas that are at the center of congestion, namely Jl Soekarno Hatta and Jl. Mirror Stone Market. So this situation makes the people become a habit and low awareness in conducting parking arrangements in the city of Labuan Bajo. Therefore, through this research it is hoped that the Labuan Bajo City Government will increase the parking area in the shopping and market areas so as not to cause congestion. Then, the government is expected to be more assertive in providing guidance to parking attendants in order to comply with applicable regulations.
Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah
Dewa Gede Agus Anjaswara;
I Gusti Bagus Suryawan;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2134.78-83
The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.
Pelaksanaan Peraturan Bupati Badung Nomor 38 Tahun 2018 Dalam Pemberian Bantuan Perlindungan Sosial Bagi Para Lanjut Usia Di Kabupaten Badung
Dhiananda Ningrat;
I Ketut Sukadana;
Desak Gede Dwi Arini
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2135.84-90
In order to realize a decent and beneficial life, and fulfill the rights to the basic needs of society in order to achieve social welfare for the elderly of the Badung Regency Government through the social Service provides social protection assistance to the elderly in Badung regency which is carried out in a directional, planned and sustainable. Distribution of social compensation to the elderly with the issuance of the rule of Badung Regent Number 38 year 2018 about social protection assistance Elderly. Compensation for elderly people of Badung regency at the launching of the PEAK of the anniversary Mangupura to 9 which fell on November 16, 2018. The issue of problems used in this research is:(1) How to exercise in the provision of social protection for elderly in Badung Regency;(2)what is the inhibitory factor in the provision of elderly social protection assistance in Badung regency. This study was conducted using empiricallegal research. Data and data sources of This research is a primer that is through field research and secondary material writing experts and the results of scientists are then processed and analyzed descriptively to get a conclusion. Based on the results of the study, it can be concluded that the implementation of the continued assistance of age aims to provide social assistance for the elderly in the Badung Regency, that the barriers faced by social services in the distribution of social assistance due to not synchronicity the data in the village/Kelurahan with data existing in the social service of Badung Regency. The advice given by the author is expected to have the ation between the logging conducted by the village apparatus/Kelurahan related to the number of elderly who have each region so that the social allowances can be shared evenly and precisely the target so that the aid is delivered appropriately.
Efektifitas Lembaga Bipartit Dalam Menyelesaikan Sengketa Hubungan Industrial Pada Perusahaan Pt. New Kuta Golf And Ocean View
Dynna Madina Karuniawan;
I Nyoman Putu Budiartha;
I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2136.91-97
The increasingly important demands of industrialization for the progress a country have consequences for employers to use effective systems wherever possible. However, industrial disputes between workers and employers are often a problem. Therefore we need a set of laws that can be a separate forum for dealing with dispute matters within a company, is Bipartite Cooperative. The problem raised in this paper is how the effectiveness of the Bipartite Institute and what are the things that hamper in resolving employment issues at PT New Kuta Golf and Ocean View. The research method used is an empirical legal research method through the sociology of law approach. The results obtained, that is about disputes that have occurred in the company namely working conditions, requirements of work, increased work productivity and welfare of workers who impact on the company. The form of settlement is done through Bipartite and termination of employment. The inhibiting factors found were weak mindset, limited information, lack of competent human resources towards understanding Bipartite.
Efektifitas Sanksi Pidana terhadap Pengasuh Anak karena Kelalaiannya Mengakibatkan Kematian di Taman Penitipan Anak Denpasar
Gusti Ayu Putri Pratiwi;
I Made Sepud;
Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2137.140-144
The rapid development of science and technology has led to many cases of criminal acts against children in the field of educational services. There are various kinds of crimes against human rights violations in the field of child protection, one of which is negligence in caring for and educating children. This study aims to determine the factors that cause death in foster children in TPA Princess House Childcare and to determine the effectiveness of criminal sanctions against child caregivers who due to their negligence cause death in children. The research method uses empirical research type. The statutory approach is to examine all laws and regulations related to the legal issue being researched, and to use a case approach. Sources of data obtained through informants with direct field interviews are then processed and analyzed descriptively. The results showed that negligence that resulted in death could occur through two factors, namely external factors and internal factors. Regarding the sanctions against the perpetrator who resulted in the loss of a child's life, it is felt that it has been effective and implemented in accordance with the provisions as stipulated in Article 76B in conjunction with Article 77B of the Law of the Republic of Indonesia Number 35 of 2014, imprisoned for 3 (three) years and a fine as much as RP. 50,000,000,-
Anak Sebagai Korban Tindak Pidana Perdagangan Orang Menurut Undang-Undang No. 35 Tahun 2014
Gede Agus Sukawantara;
Anak Agung Sagung Laksmi Dewi;
Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2138.220-226
Children are a mandate and a gift from God Almighty. Dignity as a human being is also inherent in them. Children are the potential successor and young generation who carry forward the ideals of the nation's struggle. They have a strategic role and special characteristics that ensure the continuity of the nation and state in the future. In order for each child to be able to bear this responsibility in the future, she/he needs to have the widest possible opportunity to grow and develop optimally, physically, mentally, socially, and nobly. Therefore, it is necessary to make efforts to protect the welfare of children by providing guarantees for the fulfillment of their rights as well as treatment without discrimination. This research was conducted with the aim of describing how the legal protection of children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection and how the sanctions against the perpetrators of child trafficking. The research method used in this research was normative legal research. The results of this study indicated that legal protection for children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection includes the protection of dignity, as well as recognition of human rights possessed by children based on legal provisions of abuse. In addition, the sanctions against the perpetrators of child trafficking are regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.
Kedudukan Anak Sebagai Ahli Waris yang Beralih–Alih Agama Menurut Hukum Waris Adat Bali
Gede Cahaya Putra Nugraha;
I Made Suwitra;
I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2139.227-231
The freedom of religion guaranteed by the State can lead to the possibility of a person converting or changing religions from one religion to another. According to Balinese traditional inheritance law, changing religions can affect a child as an heir. Based on this background, this research was conducted with the aims of describing the position of a child as heir who changed religion from Hinduism and outlining the legal consequences for a child as the heir who converted and then returned to Hinduism. The research method used was a normative research method with a statutory approach that used primary, secondary, and tertiary legal materials which were supported by the results of interviews and then analyzed. The results showed that the rank of children as heirs who converted from Hinduism legally no longer had rights and obligations towards their parents, relatives and society. Meanwhile, the legal consequence for children as heirs who change religions is the loss of the child's rights because they are unable to carry all the obligations that will be passed on by their parents and are considered disobedient to their parents and ancestors. However, with the return of the child to Hinduism, all rights and obligations that were previously abandoned can be accepted back with certain conditions agreed upon by the family concerned.
Perjanjian Oligopoli dan Asas Keseimbangan dalam Persaingan Usaha Berdasarkan Undang-Undang Nomor 5 Tahun 1999 BUSINESS COMPETITION BASED ON LAW NUMBER 5 OF 1999
Gede Darwis Triadi;
Johannes Ibrahim Kosasih;
Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press
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DOI: 10.22225/jkh.1.1.2140.103-108
An oligopoly agreement is a form of agreement in which business actors own all kinds of objects and activities. The existence of this agreement requires a principle of balance in doing business in protecting others in carrying out quality and balanced economic enterprises based on applicable regulations. The purpose of this study is to determine the principle of balance that must be carried out against sellers in relation to the existing regulations, knowing the practice of the oligopoly agreement associated with Law Number 5 Year 1999, knowing Law No. 5 of 1999, and efforts to anticipate the occurrence of Oligopoly agreement practices and accommodate the principle of balance. The method used in this research is normative legal research. The results show that the principle of balance between business actors is associated with the enforcement of Law Number 5 of 1999, namely Protecting small businesses, maintaining healthy competition, and economic efficiency. Meanwhile, the practice of oligopoly agreements has a huge impact on consumer losses and among business actors, and in article 4 of law number 5 of 1999, oligopoly agreements are prohibited if they can harm competition. So that the anticipation efforts that can be made against the traffickers with a system of compliance and implementation of obligations as well as managing a relationship with the provider of the spreader and the user which must agree with the regulations.