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Jurnal Konstruksi Hukum

jukonhum
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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 Konsumen terhadap Peredaran Kosmetik yang Mengandung Zat Berbahaya di Kota Denpasar I Gede Tirtayasa; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Nowadays, the trend of beauty products is growing rapidly among the people, which causes the emergence of cosmetic business actors who act fraudulently. Licensing of cosmetic products is of course very important because with a permit from the government, it can be ascertained that the product is safe to use. This study aims to determine consumer protection against the circulation of cosmetics containing hazardous substances in the city of Denpasar and to find out the responsibility of business actors for the circulation of cosmetics that harm consumers. This research was conducted to collect data at the Department of Industry and Trade of Denpasar City and YLKI Bali with interview and documentation techniques. The data analysis used is qualitative data analysis. The results of the study indicate that legal protection for consumers for the distribution of cosmetics that harm consumers is carried out by every element involved based on Law No. 8 of 1999 concerning Consumer Protection and Regulation of the Indonesian National Food and Drug Administration No. HK.00.05.4.17.45 concerning Cosmetics. The responsibility of business actors for the circulation of cosmetics that harm consumers is in the form of compensation given in the form of refunds or replacements in the form of goods. If this is found to be intentional, the business actor may be subject to sanctions. There are two types of sanctions given if business actors are proven to produce dangerous cosmetics. The first is administrative sanctions in the form of fines, and criminal witnesses in the form of confinement or imprisonment. The form of sanctions given is adjusted to the level of producer error and losses experienced by consumers.

Pengendalian Pemanfaatan Tata Ruang dalam Sistem Zonasi Pembangunan Hotel Melalui Perijinan Kabupaten Badung Alda Vidia Vergionita; I Nyoman Gede Sugiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The building structure states the existence of a sacred area in each of these hotels and villas. After being investigated and plugged into the direct location, there are indeed, however, the sacred area seems very far from the reach of the community and very close to the swimming pool. Because of a permit that can be violated issuing and grating permits in the construction of hotels and villas in the education area. From this problem, the formulation of the problem that occurs is how effective is the application of sanctions for violators of the use of Spatial Planning in hotel development in the Badung regency? What are the obstacles in implementing spatial zoning through the construction of licensed hotels in the Badung Regency? The type of research used in this research is empirical juridical research, considering that this research uses data or facts that exist in the field and is studied based on laws and regulations related to the issues raised. The results of this study indicate that the responsibility for laying spatial layouts is detrimental to the community in the district where the area is used as a means for education, not a means of tourism and the like.

Penyelesaian Kredit Macet pada BPR Sinar Putra Mas Akibat Pandemi Covid-19 Komang Vegayanthi; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Credit facilities are very useful for today's society, especially in terms of business and business. The condition of the COVID-19 pandemic has a significant impact in various aspects, one of which is the payment of credit. During the Covid-19 Pandemic, BPR Putra Mas felt the impact, namely in the form of bad credit incidents against several customers. This research is empirical research. Using the statutory approach (Statue Approach), the author of the Legal Concept Analysis Approach (Analytical and Conceptual Approach), and the Fact Approach (The Fact Approach). Primary data in empirical research is in the form of interviews with informants who are the Manager and Head of the Credit Section of BPR Sinar Putra Mas. The data techniques used were interview techniques and document study techniques. The results of this study are the factors that cause bad credit at BPR Sinar Putra Mas in broad outline into three. First, namely the debtor factor, Second, the creditor factor, and the three factors from Outside Debtors and Creditors (External). the steps of Rescheduling (Rescheduling), Reconditioning (Requirements), Restructuring (Rearranging), and Liquidation (Liquidation).

Proses Penanganan Perkara Pidana Pencurian Pretima di Kabupaten Gianyar Gede Agus Antonio Leovandy; Anak Agung Sagung Laksmi Dewi
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Pretima theft not only causes property losses but also non-material losses such as trust which results in disruption of the spiritual balance of Hindu society. This kind of action is a crime that is very, very detrimental to Hindus, especially in Bali because they are considered to have damaged the beliefs of people's lives. The defendants are also considered to have tarnished the local customary rules contained in awig-awig in Bali. Therefore, the purpose of this study is to discuss the process of handling the criminal case of Pretima theft in Gianyar Regency and to examine the obstacles in the process of handling the Pretima theft crime in Gianyar Regency. The type of research used is empirical research. In this research, a sociological approach is used, a legislative approach, a conceptual approach, a case approach. The results of this study indicate that the process of handling the criminal case of Pretima theft in Gianyar Regency, namely carrying out special operations such as brush operations, concentrated and so on outside of daily routine activities, is given heavy legal sanctions. may be subject to customary sanctions: A cleaning ceremony (purification) is held, a fine in the form of money; and Also dismissed as a member of the indigenous community. Obstacles in the process of handling the crime of Pretima theft in Gianyar Regency, among others, the lack of maximum supervision of sacred objects at temples in each traditional village in Gianyar Regency, the lack of witnesses so that it is difficult to find evidence, inadequate facilities and infrastructure.

Sanksi Pidana terhadap Pelaku Begal Bersepeda di Masa Pandemi Covid-19 I Made Oka Wiradharma; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The act of violent theft carried out by forcibly seizing other people's property rights, acts of theft accompanied by coercion are regulated in the Criminal Code (Civil Law Book) article 365. The purpose of this study is to analyze the legal arrangements against cycling robbers during a social pandemic. covid-19 and to examine sanctions against cycling robbers during the covid-19 pandemic. The use of the case study methodology for this study is in the categorization of normative legal studies where the study is carried out through the collection of legal materials through the application of literature studies. This study uses the technique of collecting legal materials by recording, quoting, reading, and summarizing the literature that refers to sanctions, and the sentencing process. The results of this study indicate that criminal sanctions against cycling robbers during the covid-19 pandemic are based on Article 365 of the Criminal Code. Thus, this issue is in accordance with the provisions of the regulation of legal snares in the article in question regarding theft with violence.

Pelaksanaan Surat Edaran Menteri Tenaga Kerja No 907 Tahun 2004 terhadap Tenaga Kerja di Bidang Pariwisata yang dirumahkan Akibat Pandemi Covid-19 Studi Kasus Rumah Bali Villa Made Tania Anjayani Oka; I Wayan Wesna Astara; Ni Made Jaya Senasti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The law is used to realize justice, benefit, and legal certainty. To get a decent life in need of a job in order to support life. The Covid-19 pandemic has left many workers at home in this street chosen by companies to reduce the number of corporate losses. The formulation of the issue raised is how the legal arrangements against the workforce are home? and how is the implementation of bali villa house to the homegrown labor? With the aim to understand and find government policies on legal protection of the workforce at home, understand the policies of bali villa home companies in providing policies in housing the workforce. The type of research method used is empirical law. The data sources used are primary data, secondary data. In data collection techniques used using recording techniques, documents and interviews. In this study the analysis was conducted descriptively, systemically, and explantation. This implementation was conducted at Rumah Bali Villa, Nusa Dua, Bali. The rule of law in carrying out employment contracts is stipulated in article 54 paragraph 1 Undan-Law N0 13 Year 2004 on Employment, while in an emergency like this the government issued a rule in the Ministerial Circular No. 907 of 2004 on the Prevention of Mass Termination of Employment.

Penegakan Hukum oleh Aparat Lembaga Pemasyarakatan dalam Menanggulangi Penyelundupan Narkotika Charles Ferguson Lagaribu De Ornay; I Nyoman Putu Budiartha; I Nyoman Gede Sugiartha
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

A criminal act is a form of violation of the norms contained in the law and is considered a criminal penalty. The law becomes a social control for the community, so as not to commit acts that deviate from the provisions of positive law in Indonesia which have been regulated in the law. The rule of law is a society with a life regulated by law that must be obeyed and obeyed by the community and its law enforcement officers. The purpose of this study is to understand the Forms of Law Enforcement by Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons and to analyze the Barriers of Correctional Apparatuses in Overcoming Narcotics Smuggling in Prisons. This research was conducted using a normative research type. Regulations on Narcotics can be seen in Law Number 35 of 2009 concerning Narcotics and Law Number 12 of 1995 concerning Corrections. Narcotics regulation is made as a form of effort in the field of criminal law from the government, especially in terms of eradicating narcotics crimes and preventing narcotics smuggling in Indonesia.

Wanprestasi Pihak Debitur dalam Perjanjian Non Kontraktual dengan Jaminan Gadai Bagus Alit Pradnyana Artha Wirawan; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Indonesia is a developing country with various kinds of economic development. Bound by government regulations, the community cannot act arbitrarily and must follow applicable norms. The government in an effort to equalize the welfare of its people frees the community to manage their funds or loans with collateral. The purpose of this study is to understand the legal construction of non-contractual debt agreements with collateral and to analyze the legal protection for the parties to non-contractual debt agreements in the event that the debtor defaults. Researchers search for information directly through collecting data from several legal books and linking it to the problems studied and then drawing conclusions, this research is often called a normative research method using a statutory approach. Honesty and obedience in unsecured agreements are based on trust between the parties concerned, especially the lender and the borrower. There are often defaults in this agreement where the borrower does not pay for various reasons but is absent from payment, various problems such as the borrower disappears or runs away, does not feel he has debt, feels unfair with the interest given but is not stated when making the agreement, many borrower incidents do not want to pay because the agreement does not include a letter of agreement and prioritizes trust.

Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Pencurian Made Agus Rai Sanditya Wibawa; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Legal protection for children who are faced with the law is one of the important issues that must be considered by all parties to avoid the negative impact felt by children if their rights are violated. The purpose of this study is to analyze the legal protection of children as perpetrators of the crime of theft, and to examine criminal sanctions against children who commit the crime of theft. The method used is normative legal research. This research approach is a conceptual and literature approach, with the primary legal sources coming from legislation and decisions, while the secondary legal sources come from legal journals and law books. Data collection is done by collecting data and summarizing. The results of the study show that legal protection for children as perpetrators of criminal cases is based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which is known as litigation, non-litigation through deversion, children who commit criminal cases are called with children in conflict with the law. Children in conflict with the law are children aged 12 (twelve) years, who are suspected of committing the crime of theft. This study shows that the sanctions are in accordance with the provisions of the juvenile criminal justice system, in which the child is punished for a maximum of seven years in prison or a fine of nine hundred thousand rupiahs

Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan Agung Istri Altia Dwi Widaswari; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. Equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, then how to resolve it. The formulation of the problem is 1. How is the distribution of property in the form of immovable objects after divorce without a marriage agreement? 2. What is the judge's consideration in the distribution of immovable property after divorce without a marriage agreement? The research method used is normative legal research. The results of the discussion of the distribution of assets after divorce in the absence of a marriage agreement can be carried out by mediation or through the court. Regarding the distribution of assets in decision Number 149/Pdt.G/2017, it is following the evidence, facts in court. The author suggests judges be more careful in deciding cases. The legislature must continue to revise the law in order to keep up with the development of society.

Page 21 of 38 | Total Record : 380

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Nyoman Gede Sugiartha

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konstruksihukumjurnal@gmail.com

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+6281237083338

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konstruksihukumjurnal@gmail.com

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https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location
Kota denpasar,

Bali

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nyoman Gede Sugiartha

Contact Email konstruksihukumjurnal@gmail.com

Phone +6281237083338

Journal Mail Official konstruksihukumjurnal@gmail.com

Editorial Address https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location Kota denpasar, Bali INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nyoman Gede Sugiartha

Contact Email
konstruksihukumjurnal@gmail.com

Phone
+6281237083338

Journal Mail Official
konstruksihukumjurnal@gmail.com

Editorial Address
https://ejournal.warmadewa.ac.id/index.php/jukonhum/about/editorialTeam

Location
Kota denpasar,

Bali

INDONESIA