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INDONESIA
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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Pembelaan Terpaksa Melampaui Batas (Noodweer Exces) dalam Tindak Pidana Pembunuhan Begal Sebagai Upaya Perlindungan Diri I Gede Windu Merta Sanjaya; I Nyoman Gede Sugiartha; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4847.406-413

Abstract

In facing the COVID-19, Indonesia had quite a lot of jobs that have been indirectly affected by the pandemic, causing an economic crisis. Economic crisis caused several people in the community to commit crimes, especially stealing with violence or referred to as begal. The thugs do not hesitate to persecute and even kill their victims in order to obtain the victim's property, so it’s necessary for the victim to protect himself from thugs so as not to incur material losses. In order for the perpetrator of the defense of the burglary to receive juridical protection, in implementation it must complete the elements and conditions of noodweer exces. Therefore, the purpose of the research is to discuss the regulation of the criminal act of noodweer exces beyond the limit in the crime of murder according to the Criminal Code (KUHP) and to analyze the criminal liability of the perpetrators of the crime of Noodweer exces against the perpetrators of the murder of robbers. This research uses a normative type of assessment, using a statutory approach and a conceptual approach. The sources of legal materials for this research consist of primary, secondary and tertiary sources of material. the results of the research explain that the regulation of Noodweer Exces according to article 49 paragraph (1) of the Criminal Code "Book of the Criminal Law" noodweer exces beyond the limit in purpose to a person is not convicted when taking a defense action in a state of necessity and accountability can not be asked if the perpetrator commits this action. with reasons of self-defense or nowdweer excess so that it can eliminate actions that are criminal in nature. Then in that case, it is necessary to know what is included in the noodweer action.
Pelaksanaan Hak Jaminan Fidusia dalam Pemberian Kredit di Lembaga Perkreditan Desa di Desa Adat Mantring Gede Bagus Andika Putra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4848.414-419

Abstract

Fiduciary guarantees are promulgated through Article 5 paragraph (1) of Law no. 42 of 1999 which regulates movable or non-transferable commodities to become objects of collateral. According to Article 11 Paragraph (1), all commodities that will be charged with fiduciary security must be registered first, so that after being registered it is safe to issue a fiduciary guarantee deed. However, in the field application of fiduciary guarantees at the Mantring Traditional Village LPD, there are differences regarding its implementation with the contents of the Fiduciary Guarantee Law. The purpose of this research was to analyze the factors causing the non-registration of fiduciary guarantees at LPD Mantring and to discuss the efforts to settle what can be done by LPD Mantring in the case of debtors defaulting. This research is an empirical research, using a sociological approach. Sources of legal material are primary sources obtained from interviews with Mr. I Ketut Budiarta as chairman of LPD Mantring Tampaksiring and Mr. Made Sudiarsana as secretary at LPD Mantring Tampaksiring. The data collection techniques for this research are Observation Techniques and Interview Techniques. The results of the research explain that there is a reason why the LPD Mantring did not register the Fiduciary Guarantee agreement, namely the problem of the cost of making a fiduciary guarantee deed which costs a lot and the value of the loan and guarantee for the debtor is small. The efforts taken by the Mantring Traditional Village LPD to resolve the default case use 2 dispute resolution methods, namely dispute resolution can be reached through non-litigation and litigation.
Akibat Hukum Terjadinya Salah Transfer Dana Perbankan Anak Agung Bagus Ari Satya Dharma; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4849.420-425

Abstract

In this era of globalization, everyone is certainly no stranger to fund transfer activities. Transfer of funds is very helpful in community activities, but with the convenience of the facilities provided by the bank, of course there are risks, such as errors in transferring funds. The purpose of this research is to determine the legal knowledge of banking fund transfers and to discuss the legal consequences of errors in bank fund transfers. This research is a normative legal research supported by primary and secondary legal materials. The data collection technique in this research is to record and document. The data analysis technique is to examine books, literature and electronic media related to this research. The results of the reserach explain that UUTD no. 3 of 2011 in Article 1 point 1 regulates the definition of transfer or transfer of funds, namely an activity of transferring funds of a certain amount by the original sender to the recipient who has been mentioned in the order for the transfer of funds until it is received. And based on Article 1360 of the Civil Code, which states: "Whoever knowingly or not, receives something that does not have to be paid to him, must return it to the person who gave it". So that according to civil law, a person is obliged to return funds that are not his right from the results of an error in transferring funds that occur with a note that the bank must be able to clearly prove that the funds are not intended for the person concerned.
Perlindungan Hukum Bagi Konsumen dalam Praktek Bisnis Pinjaman Online Ilegal Anak Agung Gede Candra Kusuma; Ni Luh Made Mahendrawati; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4850.426-431

Abstract

Online loans that are developing in today's society will certainly be very helpful, the problem is when people are involved in illegal online loan transactions which often use unjustified methods of collecting. The purpose of this research is to analyze the regulation of online loan transactions in Indonesia and to discuss forms of legal protection for consumers in illegal online loan transactions. The research method used is a normative research type by examining library materials as primary data and secondary data from books and legal journals. The data collection technique of this research is to record and document. And the data analysis technique is by reviewing books, literature and electronic media related to this research. The results of this research indicate that currently legal protection for people involved in illegal online loan transactions is still lacking, because people find it difficult to distinguish between legal online loan financing institutions and which online loan financing institutions are illegal. In this case, an active role from the OJK is needed to oversee the growth of illegal online loans in the community as regulated in the Financial Services Authority Regulation No. 77 of 2016 concerning the implementation of online-based loan transactions, besides that the protection of people involved in online loan transactions is regulated in Law no. 8 of 2019 concerning consumer protection to prevent arbitrariness by online loans to the public.
Akibat Hukum Batalnya Permohonan Pendaftaran Hak Tanggungan Elektronik menurut Peraturan Menteri ATR/BPN Nomor 5 Tahun 2020 I Made Yoga Bisama; Anak Agung Istri Agung; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4851.432-437

Abstract

The president cannot regulate all areas of government independently, the government is formed such as the National Land Agency to create a land system in Indonesia. The land sector is related to Mortgage Rights because it is important where banks as creditors to the public need capital with objects being used as collateral by debtors. Technological advances brought changes, previously Mortgage was registered manually which was complicated and convoluted then gave rise to Electronic Mortgage Registration. The purpose of this research is to analyze the process of completing the cancellation of electronic mortgage registration according to the Minister of ATR/BPN Regulation Number 5 of 2020, and to understand the legal consequences of the cancellation of an electronic mortgage registration application according to the Regulation of the Minister of ATR/BPN Number 5 of 2020. The research method used is a type of empirical research using a sociological approach. The sources of legal materials for this research are primary and secondary sources. Data collection techniques used interview techniques, and recorded and documented data materials. This research discusses the process of completing the cancellation of registration and the legal consequences of canceling the application for registration of electronic mortgages according to the Minister of ATR/BPN Regulation Number 5 of 2020. The results of this research indicate that the settlement process in the event of cancellation of Electronic Mortgage Rights is by completing the conditions stipulated in Article 1 paragraph (1) Regulation of the Minister of Agrarian Affairs Number 5 of 1996 and the Legal Consequences of the Cancellation of the Application for Electronic Mortgage Rights, the debtor registers and pays PNBP again.
Penyalahgunaan Aplikasi Media Sosial sebagai Eksploitasi dalam Tindak Pidana Pornografi I Gede Pande Udayana; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4852.438-443

Abstract

With an audiovisual display, it is easy for the audience to know the message conveyed. supervising the administration of local governments in accordance with Article 1 of the Government Regulation of the Republic of Indonesia No. 79 of 2005 concerning Guidelines for the Guidance and Supervision of Regional Government Administration. The Indonesian Broadcasting Commission is an institution that oversees every broadcast that is broadcast with the aim that all broadcasts that are broadcast do not violate the norms that apply in Indonesia. The purpose of this research is to analyze the legal regulation of public broadcasting in electronic media, and to understand the responsibilities of KPI in broadcasting the glorification of sexual harassment perpetrators. This research uses a normative research method using a statutory approach and a conceptual approach in analyzing the problem. The legal regulation on public broadcasting is regulated in Law Number 32 of 2002 concerning Broadcasting which is the main legal material in this research, which supported by legal journals and books. Data collection techniques used are recording and sorting information. In the results of this research, it was found that the Broadcasting Law regulates the issue of legal provisions and regulations regarding broadcasting service providers regarding KPI in charge of regulating matters regarding broadcasting. The Indonesian Supervision Commission has responsibility for glorification cases committed by sexual harassment perpetrators, in accordance with Law No. 32 of 2002 article 8 paragraph (3) concerning broadcasting.
Faktor Penyebab Penyalahgunaan dan Peredaran Narkotika di Wilayah Hukum Polresta Denpasar I Gede Suariawan; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4854.444-449

Abstract

The development of drug abuse in Indonesia began around 1970, its users showed increasing symptoms, this is due to the development of the times and modern technology that has hit every aspect of life, modernization not only has a good impact but also has a bad impact, based on these developments, it is not It is undeniable that crime in Indonesia has increased. The purpose of this study is to analyze the factors causing the abuse and illicit trafficking of narcotics in the city of Denpasar and to discuss the prevention and control of narcotics abuse and illicit trafficking by the Denpasar Police. In studying the researchers used the type of empirical legal research using a sociological approach. The sources of data in this study include primary data obtained from interviews, secondary data including legislation, research results, legal expert opinions, legal papers contained in the mass media, legal books, legal journals and data tertiary which is supporting data that provides instructions and explanations for primary and secondary data. There are two data collection techniques, namely the library research method and the field research method. Efforts to overcome drug abuse include three efforts, namely preemptive efforts, which are early prevention efforts, preventive efforts, namely prevention efforts in the form of overcoming and repressive efforts, efforts made to eradicate legally, which are carried out by the Police, National Narcotics Agency, Government, Judges, and the community.
Sanksi Hukum terhadap Pelaku Penyadapan Telepon Pintar atau Smartphone Melalui Aplikasi Android Modifikasi Ilegal yang Diinstal oleh Korban I Made Arimbawa Wiraputra; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4855.450-454

Abstract

Technological advances have resulted in illegal wiretapping crimes being carried out more easily, namely by utilizing illegal modification applications. The purpose of this research is to analyze the legal protection of the personal data of smartphone tapping victims as a result of installing an illegal modified android application made by the perpetrator and to examine criminal sanctions against smartphone tapping perpetrators through an illegal modified android application made by the perpetrator. This research uses a normative legal research method, using a statutory approach and a conceptual approach. There are two types of sources of legal materials in this research, namely primary sources of legal materials and secondary sources of legal materials. Primary legal materials come from statutory regulations related to the issues studied, while secondary legal materials come from law books and legal journals that are related to this research. The data collection technique used library techniques, which carried out a literature research on legal materials, both primary legal materials and secondary legal materials. From the results of the research, Indonesia does not have a law that specifically and legally regulates the protection of personal data. There are two forms of legal protection for the personal data of victims of illegal wiretapping, namely, preventive and repressive legal protection. Regarding wiretapping, it is regulated in the Telecommunications Law and the ITE Law. Both laws expressly prohibit illegal wiretapping and for those who do illegal wiretapping who use illegal modification applications can be subject to sanctions in accordance with article 50 of the ITE Law. The government is advised to further research the draft law before ratifying it so that there is no conflict of norms.
Tindak Pidana di Bidang Perbankan dalam Transaksi Perdagangan Luar Negeri dengan Menggunakan Letter Of Credit I Wayan Dodi M. Putra; Ni Luh Made Mahendrawati; Ni Komang A. Styawati
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4895.455-459

Abstract

Letter of Credit/LC is an interbank payment transaction instrument whose legal arrangements have been established both nationally and internationally. In this study, the writer wants to know how the regulation of criminal acts in the banking sector against foreign transactions through letters of credit, and the criminal sanctions that make the issuing bank a victim in foreign trade transactions using the letter of credit , uses this type of normative research. sources of primary, secondary, and tertiary rules. This thesis uses the type of search, recording and documentation Analysis of legal sources is carried out systematically using legal arguments and the results are presented descriptively. The conclusion is that the regulation of foreign trade crimes through Letter of Credit is regulated in UPC-DC600 and PP No. 1/1982 as well as Law No. 10/1998 on banking. Sanctions for violating foreign transactions through a Letter of Credit can be subject to criminal sanctions and fines in accordance with the provisions of Article 49 (1) of Law No. 10/1998.
Bancassurance Alam Perjanjian Kredit dengan Hak Jaminan Fidusia A.A Made Andika Purnama Arta; I Nyoman Putu Budiartha; Ni Komang Arini Styawati
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4896.460-464

Abstract

Bancassurance is a form of cooperation between insurance companies and banks, where the bank here acts as an intermediary between the insurance company and its customers in insurance activities. One type of material guarantee is a fiduciary guarantee. This study aims to find out how the bancassurance legal arrangements so that banks are allowed to carry out credit agreement activities with fiduciary guarantee rights, how the legal consequences of bancassurance in credit agreements with fiduciary guarantee rights, the method used in this study is juridical normative. While the problem approach used is a statutory approach and a conceptual approach. The approach to sources of legal materials used in this research is primary, secondary, and tertiary with analysis of legal materials using legal arguments whose results are presented descriptively. The conclusion is that in the Law of the Republic of Indonesia Number 10 of 1998 concerning amendments to Law Number 7 of 1992 concerning banking, Article 10 (b) of the Banking Law clearly stipulates that Banks may not conduct insurance business.

Page 28 of 38 | Total Record : 380

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