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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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Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak I Ketut Eka Yoga Juliantika; I Made sepud; 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.1.2.2546.374-378

Abstract

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.
Penetapan Honorarium Notaris dalam Praktik Pelaksanaan Jabatan Notaris I Ketut Adi Gunawan; I Nyoman Sumardika; 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.1.2.2547.369-373

Abstract

The Law on Notary Position (hereafter called UUJN) states the honorarium, but in practice, it has certain limits. The uncertainty of honoraria can lead to misunderstanding between the notary and the client. This research was conducted with the aim of revealing whether the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of the UUJN and whether a notary can provide legal services in connotarial matters to underprivileged people. This research was designed using juridical-empirical research methods. The results of this study indicated that the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of UUJN as stipulated in article 36. All public officials who have agreed on the arrangement of the honorarium state that they must have a sense of binding and the existence of coercive power which is adjusted to the provisions in UUJN. In addition, a notary can provide legal services in the field of connotarization to underprivileged people based on a notary's morality and integrity. This is supported by Article 37 of the UUJN which states that notaries are required to provide services free of charge to people who cannot afford it.
Peran Anggota Kepolisian Dalmas Polda Bali dalam Penegakan Hukum terhadap Penanganan Unjuk Rasa Tolak Reklamasi Teluk Benoa I Kadek Windi Pranata Putra; Ida Ayu Putu Widiati; I Nyoman Gede Sugiartha
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.1.2.2548.362-368

Abstract

Every citizen has the right to express an opinion in accordance with Law Number 9 of 1998 concerning Freedom of Expressing Opinions in Public. Freedom of opinion is generally carried out by demonstrations. The recent demonstration in Bali is a demonstration against the reclamation of Benoa Bay. This is of particular concern to members of the Bali Police Dalmas as the main party in the handling of this demonstration. In handling it, the Bali Police Dalmas is guided to enforce the law against each of these demonstrations. Based on this background, this research was conducted with the aim of describing how the role of members of the Bali Police Dalmas police in law enforcement against the Benoa Bay protest against the Benoa Bay reclamation and what factors hindered the implementation of handling the Benoa Bay reclamation protest action by members of the Bali Police Dalmas. This study used an empirical legal research method. The results of this study indicated that the role of the Bali Police Dalmas in enforcing the law against the protest against Benoa Bay reclamation was carried out based on pre-emptive, preventive, and repressive actions based on statutory regulations and the police chief regulations regarding the handling of demonstrations. In addition, the factors that hindered the implementation of the protest against the reclamation of Benoa Bay by members of the Bali Police Dalmas include internal and external factors. the internal factor is factor of Dalmas members themselves, both from a mental perspective, professionalism, and knowledge about how to handle protests. Meanwhile, the external factor is generally the mass of protesters who do not understand the provisions that apply to the implementation of a demonstration.
Kekuatan Pembuktian Sertifikat Hak atas Tanah sebagai Alat Bukti dalam Perkara Perdata I Kadek Edy Gunawan; 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.1.2.2549.358-361

Abstract

The land is very important for human life. Land problems often occur which still exist from ancient times until now. This research was conducted with the aim of describing how a certificate as proof of ownership of land rights can provide legal protection for people and legal entities as rights holders and whether the land title certificate must be supported by other evidence in its proof. The research method used is normative legal research with the approach of applicable laws and regulations. The results of this study indicated that in land disputes in court proceedings, certificates as proof of ownership can be used by judges to strengthen evidence to seek the truth. In proving an event or legal relationship, it must be supported by the existence of the truth or right. One way to do this is by submitting something that contains a reading sign in certain forms made by an authorized official. Furthermore, a certificate of ownership of land as a means of written evidence in a civil case examination can be proven by other means of evidence in which according to the judge's judgment it turns out that the evidence has perfect evidence strength and the statements contained in the certificate are proven to be incorrect.
Perjanjian Kerjasama (Joint Venture) Penanaman Modal Asing dalam Usaha Perhotelan I Gusti Ngurah Rendra Suryana; I Nyoman Putu Budiartha; 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.1.2.2551.346-351

Abstract

The formation of investment activities in a country varies greatly according to the open nature of the country and its people. Therefore, cooperation is created and established between the two parties is because of the desire to seek profit so that a group of people together create a company, either with parties from one country or across countries. This is what forms a joint venture agreement. Based on this background, this research was conducted with the aim of describing how the procedure for making a joint venture agreement in the hotel business and what the legal consequences are for the default of the joint venture agreement in the hotel business. This research was conducted using a normative legal research method. The results of this study indicated that the procedure for making a joint venture agreement in a hotel business must be in the form of a limited liability company and must have conditions in providing a hotel company and are required to apply for a principle license and a permanent business license subject to the investor coordinating body to submit reports on the investor's activities. In addition, the legal consequence of the joint venture agreement default in the hospitality business is that those who violate the agreement, the parties related to the agreement, will be subject to statutory sanctions related to the rules of the joint venture agreement as well as the regulations that they have agreed upon together.
Perjanjian Kredit Bank dengan Jaminan Borgtocht (Perorangan) I Gusti Ngurah Bagus Denny Hariwijaya; I Nyoman Putu Budiartha; I Ketut Widia
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.1.2.2552.340-345

Abstract

The rapid progress of the times is influenced by the development of the needs of every member of society and the ways of fulfilling the economy of each member of society. This incident requires the presence of a credit guarantee regulation as a place to expand a business that has both a legal entity and an individual. Granting space for credit requires a guarantee for the sake of security. Lending requires a guarantee such as a house, land, car, shares, and other assets for the sake of security for the credit extension and to avoid risks if a debtor cannot fulfill his obligations. From this certainty, it is possible for the Bank to provide credit with individual guarantees, but the Bank should have confidence in the ability and intelligence of the debtor to repay his debt. Based on this background, this research was conducted with the aim of describing the legal consequences arising from a credit agreement involving a third party as a guarantor. This study was designed using a normative juridical approach. The results of this study indicated that the legal consequences arising from a credit agreement involving a third party as a guarantor, namely: first, a debtor can be sued by an insurer who has paid the creditor's debt. The coverage can occur with the knowledge or without the knowledge of the debtor himself. Second, the insurer has the right to demand compensation and interest. Third, creditors and insurers must pay attention to certain rights and obligations. Finally, the insurer or third party is given the right to share the debt, that is, when sued for the fulfillment, can claim shares from their party as the guarantor.
Penegakan Hukum terhadap Tindak Pidana Peretasan sebagai Bentuk Kejahatan Mayantara (Cyber Crime) I Gusti Ayu Suanti Karnadi Singgi; I Gusti Bagus Suryawan; I Nyoman Gede Sugiartha
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.1.2.2553.334-339

Abstract

Along with technological developments, there are a lot of facilities available in cyberspace. The development of this technology can also provide opportunities for criminals, especially crimes in cyberspace. Cybercrime is a new form or dimension of a crime that is currently receiving a lot of attention from the international community. One type of cybercrime is hacking. Based on this background, this research was conducted with the aim of describing law enforcement against criminal acts of hacking and the efforts to deal with cybercrime. This research was conducted using normative legal research methods and statutory approaches. The results of this study showed that law enforcement against criminal acts of hacking is regulated in Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions. The perpetrator will be given criminal sanctions in the form of imprisonment and fines for violations in the field of hacking. In addition, efforts to eradicate cybercrime refers to the Law on Information and Electronic Transactions which is carried out with preventive and repressive measures. Therefore, the criminal act of hacking which is included in the realm of cybercrime has been regulated in Article 30 paragraph (1), (2) and (3) of the ITE Law, while the punishment is regulated in Article 46 paragraph (1), (2), and ( 3) of the ITE Law. In this regard, the government has taken various countermeasures in the form of preventive and repressive measures.
Tanggung Jawab Notaris terhadap Akta Otentik yang Dibuatnya Terkait Jangka Waktu Pensiun I Gusti Ayu Ria Rahmawati; I Nyoman Putu Budiartha; 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.1.2.2555.329-333

Abstract

An authentic deed is a letter whose form has been determined by law that can be used as perfect evidence made before a notary public. The notary concerned must take full responsibility in case of problems related to the deed he made, whether in Civil, Criminal, UUJN and Code of Ethics. The notary will be released from all of these responsibilities if he has retired from his position. This study aims to determine the responsibility of the notary for authentic deeds that are canceled in court and made after the retirement period. The research method used is normative law using a statutory approach and a conceptual approach. The results of the analysis show that the notary's responsibility for the authentic deed he makes when declared canceled in court can be divided into 4, namely a) civil liability, b) criminal responsibility, c) responsibility based on UUJN d) Responsibility based on the Code of Ethics. Then, the notary is still responsible even though the notary's term of office has ended or has retired. This can be carried out by the authorities as long as the authentic deed is null and void in existence at a grace period of 30 years from the date the deed is drawn up by the Notary. Through this research, it is hoped that the provisions regarding the responsibility of the notary public after retirement will be more defined regarding the maximum limit so as not to cause problems for both the notary and the party concerned
Efektifitas Pelaksanaan Peraturan Daerah Kabupaten Badung Nomor 2 Tahun 2016 Tentang Sistem Online Pajak Daerah I Gusti Ayu Mas Yuni; I Gusti Bagus Suryawan; 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.1.2.2556.325-328

Abstract

The Regional Revenue Agency / Pasedahan Agung Badung Regency is a regional apparatus organization that has the main objective and function of managing regional revenue as a source of regional financing in implementing regional development. This study aims to analyze the implementation procedures and determine the effectiveness of the implementation of the Badung Regency Regulation Number 2 of 2016 concerning the Local Tax Online System. This study uses an empirical method. There are 2 forms of data used, namely primary and secondary, namely collected through interviews. The results showed that the procedures for implementing the online system of local taxes for taxpayers to report their taxes through the Revenue Agency web and the installation of recording devices for monitoring business transactions on taxpayers. The implementation of the Local Tax Online System can be said to be effective as seen from the increase in online tax reporting and the increase in the installation of business transaction monitoring tools for taxpayers and the increase in PAD Taxes. The juridical and non-juridical constraints are the taxpayers who refuse to install a recording device for monitoring taxpayers' business transactions. Therefore, through this research, the Regional Revenue / Pasedahan Agency is expected to increase the socialization of understanding and reinforce the sanctions in the Badung Regency Regional Regulation Number 2 of 2016 concerning the Online Regional Tax System
Pengaturan Jumlah Minimal Modal Dasar pada Pendirian Perseroan Terbatas I Gusti Ayu Manik Maharani; Desak Gde Dwi Arini; 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.1.2.2561.320-324

Abstract

In Article 33 of the Company Law, regarding the regulation of the capital of a PT, it is determined that at least 25% of the authorized capital in Article 32 of the Company Law must be issued and fully paid. This study aims to determine the regulation of the minimum amount of authorized capital at the establishment of a PT and to find out the consequences of the legal position of a PT established with an amount of authorized capital that is less than the provisions in the Company Law. This study uses a normative legal research method with a statutory approach and legal concepts. The results of the study show that the arrangement of the authorized capital of PT in PP Number 29 of 2019 is contrary to Article 32 paragraph (1). Establishing a PT to obtain a legal entity is not enough by making the Articles of Association of a PT, but it must be submitted for approval to obtain legal entity status. The legal consequence is that PT which has an authorized capital amount is less than the provisions in the Company Law. PT does not have legal entity status because after the deed of establishment or the Articles of Association of the PT has been completed, to obtain legal entity status one must submit an application to the Minister of Law and Human Rights for approval. Through this research, it is hoped that the government will immediately conduct an assessment and evaluation of laws and regulations, especially in the field of corporate law

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