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Nyoman Gede Sugiartha
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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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Delik Perkosaan terhadap Perempuan dalam Perspektif Hukum Hindu Anak Agung Made Angga Harta Yana; I Nyoman Gede Sugiartha; I Nyoman Subamia
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5322.527-532

Abstract

The crime of rape is a form of crime that when charged is like depriving and destroying the highest throne that is very precious, namely the virginity of a woman. Although the problem of the crime of rape has been regulated normatively in the Criminal Code, in fact the protection of rape victims cannot be said to be a good legal umbrella. Hindu law also considers that rape is a major sin called Dratikrama. In this regard, How is the Regulation of Rape In The Study of Criminal Law And Hindu Law? And How is the Effectiveness of the Application of Criminal Sanctions to Rape Offenses in the Study of criminal Law and Hindu Law?. This research uses a normative type of research. The regulation of the Rape of Women is contained in the Criminal Code (KUHP) in Articles 285 – 289 and in the Compendium of Hindu Law (Manava Dharmasastra). The application of rape sanctions against women in the criminal law is still not effective to impose because there are still irregularities in the sanctions and in hindu law it has not been effective because it is caused by several factors.
Penerapan Asas Serentak Tindak Pidana Narkotika dan Pencucian Uang di Pengadilan Tinggi Aceh Alfian Aulia Rosyadha; Bagus Wicaksono; Dariyatmi; Ocna Nusrilia; Sinta Ana Pramita
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5323.533-538

Abstract

Imprisonment for a certain period of time may not exceed 20 years as stipulated in Article 12 paragraph 4 of the Criminal Code. the rules for concurrent criminal acts are regulated in a limited manner in Articles 63-70 of the Criminal Code so that the conviction of Abdullah Bin Zakaria in the case of money laundering and narcotics crimes carried out separately is not in accordance with the provisions of the Criminal Code. This study aims to determine the application of the legal principle of concurrent criminal acts in the criminal law system in Indonesia, to determine the principle of concurrent criminal acts in criminalizing Narcotics Crimes and Money Laundering Crimes in Aceh Province. This research uses normative legal research methods by examining positive legal principles related to concurrent criminal acts and approaches. The data used in this research is secondary data which includes official documents, books, and research results in the form of reports. Based on the studies that have been carried out, it is proven that the decision of the Banda Aceh High Court is not in accordance with the provisions stipulated in the Criminal Code. In this decision, Abdullah Bin Zakaria must serve a prison sentence of more than 20 Year. Therefore, it is expected that related parties who are included in the Criminal Justice System apply provisions regarding Concurrent criminal acts in the Crime of Money Laundering and Narcotics Crime.
Implementasi Intruksi Gubernur Bali tentang Keluarga Berencana di Kecamatan Banjarangkan Kabupaten Klungkung Anak Agung Gede Meditriana Putra; I Nyoman Putu Budiartha; Indah Permatasari
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5344.539-544

Abstract

The high and uncontrolled population growth rate will affect the decreasing level of community and family welfare. This study aims to determine the implementation of the Governor of Bali's instructions on family planning in the Banjarangkan sub-district, Klungkung regency and the effectiveness of the Bali governor's instructions on family planning in the Banjarangkan sub-district, Klungkung regency. This study uses an empirical legal research type, with data sources consisting of primary, secondary, and tertiary. Collected by conducting a literature study, and analyzed deductively and inductively. The results showed that the implementation of the instructions of the Governor of Bali regarding Krama Bali KB in Banjarangkan sub-district has not run optimally, from what the author has observed so far in the field, there are still many people who do not understand the purpose of the Krama Bali KB, the average community thinks that KB Krama Bali is a program that encourages people to have more than two children. The Governor's instructions on KB Bali have also not been effective due to economic and educational factors. In order to run effectively, the government should carry out more socialization in a number of banjars in the Banjarangkan village area.
Tindak Pidana Ringan Melalui Restorative Justice sebagai Bentuk Upaya Pembaharuan Hukum Pidana A A Ngurah Bagus Krishna Wirajaya; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5345.545-550

Abstract

Perlindungan Hukum terhadap Hak Cipta Motor Modifikasi di Indonesia Anak Agung Bagus Yoga Pramana; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5346.551-556

Abstract

The era of globalization that is happening at this time encourages humans to face technological advances including creativity in modifying motorized vehicles. Motor vehicle modification activities cause changes in the tangible versions of dimensions, engines, and carrying capacity. Changes that occur are closely related to the Copyright of an intellectual work that is set forth in a permanent form. This study aims to find out how the legal protection of modified motorcycle copyrights in Indonesia, as well as the legal consequences of modified motorcycle copyrights in Indonesia. The research method used is normative legal research by conducting research from library materials or secondary data. Based on the results of the study, Legal Protection of Modified Motorcycle Copyrights in Indonesia is carried out with preventive and repressive measures that protect legal subjects through laws and regulations, including those relating to copyright, which can encourage the acceleration of culture in orderly traffic. The legal consequences of Modified Motorcycle Copyrights in Indonesia that can be applied to overcome traffic violations are carried out by the authorities, so as to create legal stability.
Pelaksanaan Ganti Rugi dalam Pelepasan Hak Atas Tanah untuk Pelebaran Jalan Arion Tampubolon; I Made Minggu Widyantara; Kade Richa Mulyawati
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5347.557-562

Abstract

Land is a very important value for people's lives, so it can be used as a goal of prosperity for the life of the nation. Land used for public purposes is one of the problems often faced by Indonesia, including Sidikalang City, Dairi Regency, North Sumatra Province regarding compensation for community land used for agriculture and road repairs. This study aims to reveal the legal process and steps taken regarding land compensation for the development of Sidikalang city. This study uses empirical legal research with legal and conceptual approaches and data collection techniques used are observation, interviews and library research. The data sources in this research are primary and secondary data. The results of the study reveal the procedure for compensation for road widening development as regulated in Presidential Regulation 148/2015 which amends the fourth amendment to Presidential Regulation 71/2012 concerning the Realization of Land Purchases for Development of Social Uses as well as a path or profession that is likely to be determined, namely controversial and non-controversial. . In this case, the land conflict resolution process is mediation or negotiation to reach an agreement between the parties.
Implementasi Kebijakan Pemerintah Kota Denpasar dalam Pengendalian Parkir Liar Guna Mendukung Ketertiban Lalu Lintas Pande Gede Mantra Artha Wicaksana; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5348.563-568

Abstract

Local Charges One source of local revenue is parking fees on the edge of ordinary streets. In its implementation, parking fees are often used by several people without permission to make illegal parking spaces. Based on this there are two, the purpose of the study is to find out the legal actions of the city government with Denpasar based on the authority to issue illegal parking on the road as well as the factors that hinder and in the issuance of illegal parking on the road. The main problems studied are how to implement Denpasar City Regulation Number 19 of 2011 to support traffic order, what factors affect the process of controlling illegal parking and the government's efforts to minimize congestion in Denpasar City. This study uses empirical legal study methods. The results of this study indicate that so far with the implementation of the implementation of Regional Regulation No. 19 of 2011 it is clearly sufficient in creating Traffic Order in the Parking Area Area in Denpasar City, so that congestion can be overcome and traffic accidents can be prevented. However, there are still several factors that influence the control of illegal parking, but various efforts have been made, such as controlling roads and managing parking areas, conducting vehicle raids, issuing warning letters or taking action, as well as conducting counseling and supervision.
Penyalahgunaan Benda Virtual dalam Permainan Game Online di Indonesia Putu Bagus Gandiwa Dhanandjaya; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5349.569-575

Abstract

Technological developments present a variety of entertainment such as offline and online games. Online games are in great demand among children and teenagers. The purpose of playing online games in Indonesia is to find out the positive impact of online games for students, to find out the negative impacts of online games for students, and to find out how to overcome the negative effects of online games buying and selling items that belong to virtual objects. Although it doesn't have a real form, these virtual objects are considered valuable for players. The normative legal research method will certainly generate new arguments. Due to the online buying and selling of virtual objects, of course there will be misuse of these virtual objects to commit fraud. How is the arrangement of virtual objects in online games in Indonesia. How are criminal sanctions against abuse of virtual objects in online games in Indonesia. In writing this research, normative legal research is used, namely legal research carried out by examining library materials or secondary data, namely by studying and reviewing legal principles and positive legal principles derived from library materials and legislation. The conclusion from this research is that virtual objects can be called objects according to the law of objects in Indonesia and there are criminal sanctions against perpetrators of abuse of virtual objects.
Perlindungan Hukum Bagi Anak Buah Kapal pada Perusahaan Kapal Ikan di Pelabuhan Benoa Denpasar I Putu Haris Parwita; I Nyoman Putu Budiartha; Desak Gde Dwi Arini
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5350.576-581

Abstract

Perlindungan Terhadap Pegawai Pemerintah dengan Perjanjian Kerja (PPPK) Melalui Jaminan Hari Tua (JHT) I Gede Ary Setiawan; I Gusti Bagus Suryawan; Indah Permatasari
Jurnal Konstruksi Hukum Vol. 3 No. 3 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.3.5358.498-502

Abstract

Indonesia is one of the countries that prosper its people by providing guarantees provided by the government, namely the Old Age Security (JHT), this guarantee for formal workers who have entered an unproductive age, protection for workers, especially PPPK, and guarantees that Old Age Security (JHT) participants get money to cash in case of retirement, permanent total disability, or death in the ASN Law. The formulation of these problems, including Regarding the arrangements related to the Old Age Security Rights (JHT) for Government Employees with Work Agreements (PPPK) and Related to the mechanism of providing Old Age Security Rights (JHT) for Government Employees with Work Agreements (PPPK) In this study is normative legal research with a statutory approach and legal concept analysis approach. This research concludes that the regulation related to Old Age Security Rights (JHT) for PPPK is regulated in Article 106 paragraph (1) of Law no. 5 of 2014 concerning State Civil Apparatus, Article 75 PP No. 49 of 2018 concerning Management of Government Employees with Work Agreements and the Mechanism of Granting Old Age Security (JHT) for PPPK is regulated in Article 106 of Law no. 5 of 2014 concerning State Civil Apparatus.

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