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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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Hubungan Fungsional Desa Pakraman dengan Desa Dinas dalam Pelaksanaan Pembangunan di Desa Pererenan Menurut UU No. 6 Tahun 2014 I Made Restu Putra; I Wayan Arthanaya; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2534.426-430

Abstract

Indonesian Constitution No. 6 of 2014 concerning Villages stipulates that a village refers to official village and traditional villages, but hereinafter referred to as village. This implies that there is a village government organizer. If this provision is applied in Bali, however, it will trigger an indication of the blurring of norms since in Bali there are two types of villages, namely Desa Pakraman (customary village) and official village, and the same is true in Desa Pererenan. The official village carries out the function of administering government administration and the Desa Pakraman (customary village) carries out the function of administering customary and religious affairs. The dualism of governance in villages in Bali, including in Pererenan Village, in the implementation of village development, can cause problems, because each village has autonomous rights in carrying out government functions. Therefore, this study highlights two things, namely how the development is planned in Desa Pererenan and the functional relationship between the Desa Pakraman and the official village in the implementation of development. The method used to examine these two issues is the normative research method, which involves qualitatively analyzed documents, both official and in the form of notes, laws and regulations and related government regulations. The research conclusions are drawn deductively. Based on the results of data analysis, it can is revealed that the development planning process (physical and non-physical) in Desa Pererenan refers to the Badung Regency development planning pattern, such as the National Plan of Development Plan (PPNSB), which adopts the philosophy of life and local wisdom of the Balinese people. Village development planning involves the Village Consultative Body (BPD) and the community in a participatory manner, is compiled in a periodic manner, and includes the Village Medium-Term Development Plan (RPJM) for a period of 6 (six) years and the Village Government Work Plan (RKP) for a period of 1 ( one year). The relationship between the desa pakraman and the official village in Pererenan Village is functional, namely consultative and coordinative, which is the working relationship between the prajuru desa pakraman (head of desa pakraman) and the official or perbekel village head. The duties and authorities of the two villages have differences but are still interrelated with one another.
Kewenangan Notaris terhadap Pembuatan Covernote I Made Ari Nurjaya; I Nyoman Sumardhika; Ida Ayu Putu Widiati
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2535.421-425

Abstract

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.
Perlindungan Hukum Karyawan PT. Arta Sedana Retailindo yang Terkena Pemutusan Hubungan Kerja atas Klaim BPJS Ketenagakerjaan I Made Anggra; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2536.416-420

Abstract

Labor protection laws should provide a sense of security for workers at work, or in other words, workers may no more need to worry about working. One of the problems with workers regarding their rights contained in Social Security Administration Body for Manpower (BPJS Ketenagakerjaan) is when a termination of employment (PHK) occurs. In this regard, the research examines two issues: the form of legal protection for employees of PT. ASR imposed PHK related to BPJS Ketenagakerjaan claims and law enforcement that could be taken by the laid-off employees in question. This study aims to examine the form of legal protection and law enforcement efforts taken by employees who have been laid off due to BPJS Ketenagakerjaan claims. This research is an empirical legal research with a sociological approach. The research was conducted at PT. ASR and data were obtained from interviews and statutory studies. The results showed the legal protection for laid-off workers is set forth in the work contract and the labor participation in the BPJS Ketenagakerjaan refers to Law No. 13 of 2003 Article 156 paragraphs (1), (2), (3) and (4), Law No. 24 of 2011 of BPJS Ketenagakerjaan and law enforcement efforts undertaken are in the form of preventive and repressive forms. The corporates employing workers, in terminating the employment of employees, should absolutely not override their obligations which are the rights of their employees.
Pemusnahan Uang Rupiah dalam Upacara Pitra Yadnya di Bali Perspektif Undang-Undang Nomer 7 Tahun 2011 I Made Agus Mertajaya; I Made Suwitra; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2537.409-415

Abstract

This study aims to determine the application of sanctions to the perpetrators of the crime of destroying money in the pitra yadnya ceremony. The phenomenon that is happening now is that many Hindu people in Bali burn rupiah currency in the pitra yadnya ceremony on the grounds that it is a provision for the person being ceremonied. Grounded by the phenomenon the stuy examines two issues: a) how is regulate the destruction of money regulating in the to law Law Number 7 of 2011 concerning Currency, b) whether or not the burning of money as a fundametal provision in the pitra yadnya ceremony is classified as a criminal act. In conducting this research, the authors use normative the research method and statutory approachs and conceptual approach. Furthermore, the legal materials that have been collected are processed using the descriptive analysis method. The results showed that the regulation on the destruction of rupiah currency contained in Article 1 paragraph (10) of Law Number 7 of 2011 and Article 11 paragraph (1) to Article 11 paragraph (4) also regulates the destruction of rupiah. Burning money as a provision in the pitra yadnya ceremony cannot be classified as a criminal act because it does not fulfill the criminal element, namely the element of the intent of the act being committed and the inner will of the person burning the money in question. Apart from that, this also gets the penalties written off because they are considered connected to the public interest.
Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa I Made Adi Saputra; A.A Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2538.404-408

Abstract

As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.
Kewenangan Aparat Kepolisian dalam Pengawalan Konvoi Kendaraan Bermotor Berukuran Besar di Jalan Raya I Made Adi Putra; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2539.399-403

Abstract

It is common for a large motorbike convoy to cause accidents, both between large motorbike riders and other vehicle riders. This is due to the fact that the speed of the large-sized motorbikes itself can be said to be quite fast, coupled with the behavior of some of these riders who sometimes like to run red lights and put aside the traffic signs, which often results in accidents. Based on this factual background, the legal issues examined in this study are: What is the authority of the police in escorting large motorbike convoys and what is the responsibility of the police in implementing the convoy when accident victims occur on the road. The type of research used in this research is normative legal research. The results of this research are that the authority of the police apparatus in providing escort for large motorbike convoys is the provision of Article 14 letters a and 18 paragraph (1) of Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Article 12 letter e of Law No. 22 of 2009. These provisions basically constitute the authority of the police apparatus to carry out the regulation, guarding, escort and patrol of community and government activities as needed, and to give the authority to act according to their own judgment in the public interest. The responsibility of the police is to carry out the convoy in the event of a victim of an accident on the highway in order to maintain order and ensure security, safety, orderliness and smoothness of road transportation.
Fungsi Satuan Polisi Pamong Praja dalam Penegakan Kawasan Jalur Hijau di Kabupaten Klungkung I Komang Subagiarta
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2540.393-398

Abstract

The Indonesian Civil Service Police Unit (Satpol PP) appears as an institution established by the government as a regional apparatus that its existence has a strategic position in the administration of regional government in order to create order, security, and obedience to local communities to regional regulations. Therefore, the function of the Satpol PP is to enforce regional regulations, one of which is the enforcement of local regulations regarding green line areas, but their implementation has encountered various obstacles. To help overcome this, a scientific study has a position to fill in the gap in the form of the absence of efforts to reveal the major function of Satpol PP and the legal obstacles to implementing its activities. To reveal this, the present study was designed using a normative legal research method design. Data were collected using a document study technique and analysed using a legal argumentation technique. The results showed that the function of SatPol PP in enforcing green line area regulations in Klungkung Regency is the functions of guidance, control function and supervision of the implementation of public order related to the green line area. The realisation of the SatPol PP function in enforcing the green line regulation has not been maximally executed because there are still several obstacles, such as the Klungkung Regency SatPol PP has not been able to take full action in enforcing the green line regulation law in the Klungkung Regency area, the lack of personnel carrying out structuring, the limited coaching and controlling activities, and lthe ack of public awareness of applicable regulations related to green line areas.
Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar) I Komang Oka Raharja; Anak Agung Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2543.388-392

Abstract

Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.
Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali I Komang Gede Suwanjaya; I Nyoman Sumardika; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2544.384-387

Abstract

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling.
Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak I Komang Edy Susanto; Ida Ayu Putu Widiati; Ni Gusti Ketut Sri Astiti
Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.2.2545.379-383

Abstract

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

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