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<![CDATA[Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris ]]>
<![CDATA[I Gusti Ayu Maha Patni]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2563.315-319
<![CDATA[This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining]]>
<![CDATA[Eutanasia dalam Perspektif Hak Asasi Manusia dan Hukum Positif di Indonesia ]]>
<![CDATA[I Gusti Agung Gede Utara Hartawan]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2564.310-314
<![CDATA[Euthanasia legislation has been approved and enforced in European countries such as the Netherlands. This provides a way for the patient's family with an incurable disease to end the patient's life in order to end the patient's suffering. In Indonesia, currently there are no legal norms that regulate euthanasia. This study aims to analyze euthanasia from a human rights perspective and to know euthanasia from a positive legal perspective in Indonesia. Research is included as normative research with a conceptual approach and statutory regulations. The results of this study indicate that euthanasia is contrary to article 28A, article 28G paragraph (2), and article 28I paragraph (1) of the 1945 Constitution of the Republic of Indonesia and articles 338, 340, 344, 345 of the Criminal Code. In the event that there is a request for euthanasia from the patient or the patient's family, the doctor must reject the request and the decision to implement euthanasia should wait for a court decision]]>
<![CDATA[Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) dalam Gugatan Cerai Gugat di Pengadilan Agama Badung ]]>
<![CDATA[I Gusti Agung Ketut Bagus Wira Adi Putra]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Made Puspasutari uj]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2565.305-309
<![CDATA[In the course of the household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a lawsuit divorce case in decision number 0063 / Pdt.G / 2017 / PA.Bdg and to find out that the judge's consideration in deciding a lawsuit cannot be accepted in a divorce suit in decision number 0063 / Pdt.G / 2017 / PA.Bdg. This study uses a normative legal research method with a case approach. The results of the study show that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation it states that divorce can be carried out if it is in accordance with predetermined reasons. An unacceptable decision (NO) is a decision stating that a lawsuit cannot be accepted, because of formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are invalid power of attorney, lawsuit filed by parties who have no legal interest, in person error suit, lawsuit beyond competence, lawsuit against libel, premature lawsuit and lawsuit expired. Libel's lawsuit is vague or unclear and the cause of obscuur libel's lawsuit in this case is an incomplete petitum, therefore the lawsuit cannot be accepted]]>
<![CDATA[Tanggung Jawab Notaris terhadap Pembuatan Akta Otentik yang Didasari Surat Palsu ]]>
<![CDATA[I Made Dwi Sanjaya]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Ni Ketut Sri Astiti]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2566.300-304
<![CDATA[This study aims to determine the factors that lead to the making of authentic deeds based on fake letters by notaries and to find out the legal consequences for notaries related to making authentic deeds based on fake letters. This research uses the normative law research method. The results showed that an authentic deed based on a fake letter was a deed made illegally in front of the authorized public official, so that it looks like the original. Then, the factor that caused the making of an authentic deed based on a fake letter was the notary's ignorance that the letter made was fake. The perpetrator did not have good faith in making the authentic deed. Therefore, as a consequence to a Notary who is proven to have cooperated in making an authentic Deed based on a false letter, the deed made by the Notary will have proof of the deed under hand and will be null and void, and the notary may be subject to criminal penalties under the provisions of the article 263 and 266 Criminal Code]]>
<![CDATA[Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia ]]>
<![CDATA[I Gede Ngurah Bayu Krisna]]>;
<![CDATA[Gusti Bagus Suryawan]]>;
<![CDATA[Wayan Arthanaya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2567.296-299
<![CDATA[In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution]]>
<![CDATA[Penyelesaian Sengketa Tanah Kehutanan di Kantor Pertanahan Kabupaten Badung ]]>
<![CDATA[I Gede Edy Korneawan]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2568.291-295
<![CDATA[Land is one of the most important parts of the earth's surface, where land is a source of welfare for the community. In the UUPA, the concept of land rights is differentiated into two, namely, first, the right to control of the State as regulated in article 2 which is based on the elaboration of Article 33 of the 1945 Constitution of the Republic of Indonesia. This study aims to determine the process of resolving forestry land disputes at the Land Office of Badung Regency. The research method used is the normative method, namely examining the decision of the head of the BPN RI regional office with the applicable law. The results of the analysis show that based on the Law of the Republic of Indonesia Number 18 of 2003 concerning the prevention and eradication of forest destruction, it is concluded that the causes of the dispute are 6. Based on the Perkab BPN No. 3/2011 there are two land dispute resolution through litigation, namely dispute resolution through court channels, and non-litigation, namely dispute resolution through BPN mediation. Through research, it is hoped that the government can determine the spatial layout of the area so that a single map is created and there are no overlapping policies between the Ministry of Forestry and the Forestry Service]]>
<![CDATA[Penegakan Hukum terhadap Penyalahgunaan Tindak Pidana Narkotika ]]>
<![CDATA[I Gede Darmawan Ardika]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2569.286-290
<![CDATA[Drug abuse from year to year has always been increasing, not only in adults but also among adolescents and children. The cause of this abuse consists of two factors, namely internal and external factors. With these problems, this study aims to determine the regulation of criminal sanctions against narcotics abuse and to find out the application of criminal sanctions against narcotics abuse. This research uses the normative method. Sources of data used are sources of secondary legal materials obtained through document, and analysis of legal materials using legal arguments. The results of the study show that the sanctions against narcotics abuse are regulated in Law Number 35 of 2009 concerning Narcotics Articles 111 to 148. Then, criminal sanctions against narcotics abuse are in the form of imprisonment and fines. The criminal system against narcotics abusers uses a double track system, namely implementing criminal sanctions and sanctions for action at once]]>
<![CDATA[Pengaturan terhadap Pengusahaan Air Bawah Tanah yang Dilakukan oleh Masyarakat ]]>
<![CDATA[Desak Putu Setyarina]]>;
<![CDATA[I Putu Gede Seputra]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2589.276-280
<![CDATA[The water has an important role in survival of all living things on this earth. Water in underground is a natural resources and the damage that occurs can cause widespread impact and repair is quite difficult. In order to guarantee the fair used and exploitation of groundwater, a permit is required. However, in the use and exploitation of groundwater, there are people and industrial parties who did not have a permit from the government related to the prevailing laws and regulations. The purpose of this research is to find out how the regulation of underground water exploitation is carried out by the community and what are the legal consequences of unlicensed underground water exploitation. The method used in this research is normative method and analysis of legal interpretation and descriptive analysis. Data sources are primary and secondary data. The research approach used in this research is an invitation-only approach and a legal concept analysis approach. The technique of conducting legal materials is carried out by means of literature study which is legal materials are collected then processed using systematic interpretation analysis. The results of this research are first, in regulating the exploitation of groundwater, the authority and legal basis used by the government as a reference in granting permits. Second, the result of not having a permit to use ground water is the sealing of the location or place and the imposition of imprisonment in accordance with the applicable laws, namely Law Number 11 of 1974 concerning Irrigation and other regulations in accordance with the respective Regional Regulations.]]>
<![CDATA[Perjanjian Kawin yang Tidak Didaftarkan dalam Perkawinan Campuran ]]>
<![CDATA[Desak Putu Kania Pratiwi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2590.271-275
<![CDATA[Humans are naturally born as individual and social beings, destined to have a life partner to have offspring and made a happy family. In marriages, both marriages between countries or different nationalities have legal problems regarding injustice in exercising the rights and obligations of the husband or wife. The existence of a marriage promise is very important to protect these rights and obligations. This research explains how legal the status of the marriage agreement in marriage and the responsiveness the law of an agreement that is not registered. This research used normative legal research and analysis uses interpretative, systematic, and argumentative methods. Sources of data in this study are sources of primary and secondary legal materials. The result of the research is the legal position of the marriage agreement in mixed marriages, which is to provide legal certainty in carrying out legal actions on assets under control, either inherited or acquired after or during marriage, as well as providing protection for the rights and obligations of each party in managing the house stairs. Second, the legal consequence of a marriage agreement that does not register in a mixed marriage is that the marriage agreement is still binding on both parties, but the marriage agreement does not bind a third party or there is a legal action committed against the property under their respective control.]]>
<![CDATA[Perlindungan Hukum terhadap Korban Penipuan Jual Beli Online ]]>
<![CDATA[Bagus Andi Dwi Prakoso]]>;
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2591.266-270
<![CDATA[Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.]]>
