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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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Penerapan Sanksi Adat Kasepekang di Desa Adat Tanjung Benoa Kecamatan Kuta Selatan Kabupaten Badung I Gede Yoga Paramartha Duarsa; I Nyoman Gede Sugiartha; Diah Gayatri Sudibya
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2151.170-175

Abstract

The customs and habits of the Hindu community in Bali are basically fostered, maintained, and led by an institution called Desa Adat, which is a village with a different position and function from the official village (government administrative village). There are regulations in the Balinese Traditional Village that must not be violated. If a violation is found, it will be given one of the sanctions, namely Kasepekang. Kasepekang is a Balinese customary sanction, where the recipient of the sanction will be excommunicated, exiled or terminated from activities in the village (Madesa). This is because the perpetrator has repeatedly violated the rules of the traditional village (outrageous), so that this sanction is deemed appropriate. If a person or group of village members is deemed to have violated legal norms, it is called “awig-awig” in the Balinese traditional language. This study aims to determine the application of customary sanctions as well as obstacles in the application of customary sanctions in the Tanjung Benoa Traditional Village, South Kuta District, Badung Regency. This research method uses an empirical method that is guided by data collection techniques by direct interviews with those who are competent using the receptio theory, the theory of receptio in complexu in the concept of a rule of law to examine the current phenomenon in the orderliness of the life of the Tanjung Benoa Traditional Village community which is based on regulations. Bali Region Number 4 of 2019 concerning Traditional Village. The results showed that the implementation of the Kasepekang customary sanctions in the Tanjung Benoa Traditional Village was carried out by the traditional leaders, namely Kelihan Banjar or Kelihan Adat with several stages in the form of giving advice (pitutur ayu), giving a warning (penglemek) to being excluded (Kasepekang) from the activities of community social organizations. banjar. It is hoped that people will become aware of and follow what the Banjar Adat community has agreed to do.
Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin I Gusti Agung Gede Catra Artawan; I Nyoman Budiartha; I Nyoman Sutama
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2153.181-186

Abstract

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).
Pengesahan Awig-Awig Desa Adat berdasarkan Peraturan Daerah Nomor 4 Tahun 2019 I Gusti Ayu Mas Mahadewi; I Ketut Sukadana; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2155.187-191

Abstract

Awig-awig is a customary village regulation that can be made in running its government. In the application of the Tri Hita Karana Awig-Awig which is made by the customary village krama / traditional banjar, it is used as a new way to carry out the Tri Hita Karana teachings which must be in accordance with the dharma of religion and the village of mawacara in the local traditional village. In the Awig-Awig task, it requires various processes and is not arbitrary. This research aims to study Awig-Awig and how the process is carried out by Awig-Awig based on regional regulation number 4 of 2019. The method used in this research is a normative legal research method that uses a conceptual approach and a case approach. The first stage of this initial awig-awig step starts from revising existing Awig-Awig and moving awig-awig agenda. Then, the next stage is involved in making the Awig-Awig design. After that, the socialization of the awig-awig design. Fourth, the process of completed the Awig-Awig. The last process in the traditional village paruman was legalized and then the awig-awig was announced openly to all the traditional village krama, then the awig-awig that had been written was registered directly by the Prajuru of the Traditional Village to the provincial apparatus in charge of customary village affairs.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Pemilu di Indonesia I Gusti Bagus Yoga Sastera; I Made Minggu Widyantara; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2157.192-196

Abstract

In a general election, election crime is bound to occur, in the handling of election criminal acts, it is necessary to have regulations regarding the regulation and sanctions against election criminal offenders to achieve legal certainty regarding the handling of election crimes. The purpose of this research is to find out the regulation of election criminal acts and sanctions against election criminal offenders. The research method used is normative research by examining the sources of law from various aspects and using primary legal sources. The results of the research show that election criminal acts are divided into 2 (two) things, namely violations and crimes, however the law does not clearly regulate the qualifications of violations and crimes, which should be made by law to regulate more clearly so that we can know more about the actions that are involved. how it is said to be violations and what actions are called crimes. Furthermore, regarding sanctions and institutions authorized in handling criminal cases, both violations and crimes in criminal elections, are also listed in Law No.7 of 2017 concerning elections. So that with this research the procedures for qualifying the violation, who feel that their rights are being violated, can report to the right institution to handle the case.
Sanksi Pidana Kebiri Kimia terhadap Pelaku Tindak Pidana Kekerasan Seksual Anak I Komang Widnyana; Anak Agung Sagung Laksmi Dewi; Ni Made Sukaryati Karma
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2158.197-202

Abstract

The number of child sexual violence rates increased in 2016. Encourage the government to form Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. The law contains sanctions against perpetrators of child sexual violence in the form of chemical castration. The purpose of this study was to determine the regulation of chemical castration sanctions against perpetrators of child sexual violence. The method used is the normative method. The regulation for the imposition of criminal sanctions on chemical castration is regulated by Law No. 17 of 2016. The punishment system for chemical castration is a double track system of sanctions. Chemical castration sanctions are sanctions for the act of giving chemical substances to perpetrators of child sexual violence. The prosecutor will carry out the castration sanction as executor of the court's decision and may ask for help from non-doctor medical personnel. The government must immediately pass technical guidelines for the implementation of chemical castration measures. And there is a need for competency education to implement chemical castration.
Perlindungan Hukum terhadap Hak Cipta Karya Fotografi yang Digunakan tanpa Izin Putu Rahayu Purnamasari; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2159.203-208

Abstract

Photo is the result of an image taken by a camera through a photographic process carried out by a photographer and protected as one of the copyright works in the Prevailing Laws, namely the Copyright Law No. 28/2014. Violations against copyright works often occur, but there are still many photographers who do not understand or even know about copyright and the legal provisions governing and protecting it and do not register their creations with the Directorate General of IPR. So the problem that can be investigated is how the legal protection of the rights of the creator of photographic works and what legal remedies can the creator take on the work of photography that is used without permission by other people. This study aims to determine the level of legal protection for the rights of photographic creators as well as to find out the legal actions taken by the creators of photographic works that are used without the permission of others. The method used is legal research that is normative through a statutory approach as well as a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of research and analysis, it can be concluded that the copyright of photographic works is to provide protection for photo art works and to provide economic rights for the creators or copyright holders and moral rights for the creators. The route outside the court and the court route are two legal routes that can be taken in making legal remedies.
Akibat Hukum terhadap Jual Beli Rumah Harta Bersama Pasca Perceraian Rai Agus Dwi Ernata Putra; I Nyoman Budiartha; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2160.209-213

Abstract

A marriage in Indonesia is a matter that is considered very, very sacred which in that period of course has various consequences. Along with this period, it is not uncommon for a social conflict to become a community disease when a quarrel occurs between the two, namely divorce which will eventually spread to other problems such as childcare issues, gono-gini assets and other assets that were obtained during the marriage. . The purpose of this research is to know the status of the sale and purchase of joint property houses after divorce and to know the legal consequences of buying and selling joint property after divorce against third parties. This study uses a normative method with a statutory approach, namely by reviewing laws, books and various opinions of scholars and experts. So that the results of this study reveal that the assets between the husband and wife have been regulated and stipulated in Article 119 of the Civil Code (KUH Perdata) which explains that starting from the validity of a marriage, it also applies the unanimity of assets as long as it is not There are other rules that state and regulate their assets which are tied to marriage, which were made before the marriage took place.
Kedudukan Wanita Bali yang Daha Tua (Tidak Menikah) terhadap Hak Warisan di Desa Adat Abianbase Kabupaten Gianyar Anak Agung Galuh Ratna Chyntia Dewi; I Wayan Wesna Astara; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2161.26-31

Abstract

Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.
Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung I Gusti Agung Ayu Lita Pratiwi; Nella Hasibuan Oleary; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2246.176-180

Abstract

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).
Penggunaan Materai yang Di Scan pada Surat Kuasa di Bawah Tangan dalam suatu Perjanjian Fika Pratiwi; I Ketut Sukadana; I Putu Gede Seputra
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2312.98-102

Abstract

The use of stamp duty is very important for the completeness of a document where the stamp implicitly shows that the document owner has paid stamp duty tax to the state. However, now a document can be sent via various media such as email by scanning a document. Based on this background, this research was conducted with the aim of describing the regulation of a power of attorney under hand and an agreement letter according to the Civil Code and how the validity of the power of attorney under hand with a scanned stamp which then sent via email is. The research method used is normative legal research. The results of this study indicated that the arrangement of power of attorney under hand and an agreement letter according to the Civil Code has been regulated in Article 1792 to Article 1819 of the Civil Code. The power of attorney, of course, is also based on the agreement of the two parties as it has met the requirements according to the Civil Code in Article 1320 concerning the Terms of Legality of the Agreement. In addition, the power of attorney under hand using a scanned stamp sent via email can be said to be legal according to law because there is a stamp duty in a document as stated in Article 1 Paragraph 6-7 of Government Regulation Number 82 of 2012 concerning Information and Electronic Transactions.

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