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<![CDATA[Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar) ]]>
<![CDATA[Anak Agung Tias Sandya Dianti]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sugiarta]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2592.260-265
<![CDATA[The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.]]>
<![CDATA[Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap ]]>
<![CDATA[Anak Agung Ngurah Alit Bramandhita]]>;
<![CDATA[I Wayan Arthanaya]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2593.255-259
<![CDATA[The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.]]>
<![CDATA[Wewenang Notaris dalam Pembuatan Akta Notaril terhadap Tanah Hak Guna Bangunan di atas Tanah Hak Milik untuk Pembangunan Hotel ]]>
<![CDATA[Anak Agung Made Wahyu Purwanta]]>;
<![CDATA[I Nyoman Sumardika]]>;
<![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.2.1.2594.251-254
<![CDATA[The building right can be given on land with ownership rights and the granting of rights to build on land with ownership rights is made with the deed of the official land deed maker (hereinafter referred to as the PPAT Deed) instead of the deed made before a Notary (hereinafter referred to as the Notary Deed), where the Deed The PPAT will be registered at the land office. A notary in the view of society is considered an official, a place for someone to obtain reliable legal advice, a place for making strong legal documents in a legal process that will be carried out, especially in making a deed of agreement for hotel development. This study aims to determine the authority of the notary in making a notarial deed of land use rights on land for hotel development, second, how is the existence of a notarial deed in granting building use rights over land of ownership for hotel construction. The type of this research is normative legal research, data sources based on primary legal materials, secondary legal materials and tertiary legal materials. The approach used in this research is a statutory approach. The technique of collecting legal data is literature study. The results in the research are the task of the notary office is to formulate the wishes or actions of the parties into an authentic deed, so that to carry out its duties a notary must adhere to the applicable regulations, secondly the existence of a notary deed in granting development rights over land of ownership rights for hotel development, the existence of a notary deed in granting the right to build on land owned for hotel construction has a positive character because there are very important requirements, namely an evidence of ownership of land, as well as the building on it in a formal or written form of a certificate]]>
<![CDATA[Pertimbangan Hukum terhadap Putusan Lepas dari Segala Tuntutan Hukum (Ontslag Van Rechtsvervolging) ]]>
<![CDATA[Anak Agung Gede Wiweka Narendra]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![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.2.1.2595.243-250
<![CDATA[People’s knowledge and understanding of the community, especially law enforcement officials as the one who implement the laws and regulations, often causes mistakes in interpreting the criminal act of fraud. Evidence shows that the public or law enforcement officials who carry out their duties if a legal relationship is carried out by someone with another person, which was originally very civil in nature (individual contract), can often develop into a complex problem because it contains other juridical aspects, for example the dimension of the crime. This study aims to determine the judge's consideration in giving a decision that is free from all lawsuits as well as the legal remedies that can be made on a decision that is free from all lawsuits in criminal cases. This study uses a descriptive normative research method. Sources of data used are secondary legal materials as the basis for research. Data collection in this study was carried out by literature study (document study), namely the collection of legal materials through written legal materials with deduction analysis techniques. Deductive analysis is drawing conclusions from general matters regarding the concrete problems faced. After the analyzing the data, the results showed that the basis for the judge's consideration of giving a verdict that is free from all lawsuits is if the accused can be proven legally and convincingly and strengthened by evidence so that the judge's conviction is obtained but it is not included in a criminal act as contained in Article 191 point (2) KUHAP which requires that it be declared to be released from all legal demands.]]>
<![CDATA[Implementasi Peraturan Bupati No 58 Tahun 2014 terhadap Pengelolaan Arsip di Dinas Kearsipan Kabupaten Badung ]]>
<![CDATA[Anak Agung Dinda Trisna Kesumadewi]]>;
<![CDATA[Anak Agung 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.2.1.2596.237-242
<![CDATA[Archiving has an important role for running of an administration process of an organization. Archiving serves as a source of information and monitoring tools which are needed by every organization in making reports, accountability, assessment and control as precisely as possible. The problems in this study are: 1) How does the process of arrangement active and inactive dynamic archive in the Archive Management Unit in Archives and Library Service Badung Regency in accordance with Badung Regent Regulation Number 58 of 2014? 2) What efforts are made by the Archives and Library Service Badung Regency so that every government agency in the Badung Regency Government implements the Badung Regent Regulation No. 58 of 2014 in the management of archive?. The technique of collecting the data was done by using the method of recording. Data is then analyzed using systematic legal interpretation and legal arguments based on deductive logic. The conclusions of this study are: 1) the process of active and inactive dynamic archive arrangement in the Badung Regency Archives and Library Management Unit is to use classification codes and indexes. 2) Obstacles and Library Constraints in implementing Regent Regulation No. 58 of 2014 is that people's thoughts on filing are not well understood, facilities and infrastructure are still lacking, management staff at each SKPD do not understand about archival management, and Head of Service at each SKPD is less concerned with archive management personnel. The efforts of the Department of Archives in implementing Regent Regulation No. 58 of 2014 are by developing archival human resources, archiving socialization, archiving guidance, and community participation.]]>
<![CDATA[Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi ]]>
<![CDATA[I Dewa Gede Sastra Buwana]]>;
<![CDATA[I Wayan Rideng]]>;
<![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.2.1.2597.281-285
<![CDATA[Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month]]>
<![CDATA[Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking ]]>
<![CDATA[Anak Agung Bagus Indra Dwipraditya]]>;
<![CDATA[Anak Agung 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.2.1.2599.232-236
<![CDATA[Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).]]>
<![CDATA[Implementasi Fungsi Pengawasan DPD RI terhadap Pelaksanaan Otonomi Daerah di Provinsi Bali ]]>
<![CDATA[I Kadek Arimbawa]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[A.A Sagung Laksmi Dewi]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2600.352-357
<![CDATA[The Regional Representative Council (hereafter called DPD) is one of the top state institutions that is directly elected in the General Election. In general, the members of the Regional Representative Council of the Republic of Indonesia (hereafter called DPD RI) are tasked with bringing up the interests and aspirations of the people in the regions to the central government as well as having the authority to carry out supervision in the regions. Supervision in question is the supervision of the implementation of laws, and the results of DPD supervision are submitted to the House of Representatives (hereafter called DPR) as a material for consideration for follow-up. Based on this background, this research was conducted with the aim of describing how DPD RI's supervisory function mechanism on the implementation of regional autonomy in Bali Province and what obstacles DPD RI faces in supervising regional autonomy in Bali Province. This research was conducted using a normative legal research method with a statutory approach. The results of this study showed that DPD RI oversight function is implemented with three mechanisms, namely the absorption of aspirations in the community, conveying aspirations through the preparation of reports and problem inventory lists, and submission of the results of supervision to DPR. While the obstacles faced by DPD RI in supervising regional autonomy in Bali Province are the weak authority of DPD RI compared to its legitimacy, the cooperation pattern between DPD and related regional government agencies that has not been clearly regulated, and the lack of support and community participation for participate in supervising after the enactment of a law.]]>
<![CDATA[Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan ]]>
<![CDATA[I Made Suarja]]>;
<![CDATA[Simon Nahak]]>;
<![CDATA[I Ketut Widia]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2628.431-435
<![CDATA[This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.]]>
<![CDATA[Implementasi Peraturan Daerah Provinsi Bali Nomor 16 Tahun 2009 Tentang Rencana Tata Ruang Wilayah Provinsi dalam Penguasaan dan Pemanfaatan Wilayah Pesisir ]]>
<![CDATA[Ni Wayan Kertiasih]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
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DOI: 10.22225/jkh.2.1.2629.436-442
<![CDATA[This research aims to analyze the implementation of local regulations regarding Bali province Number of 16 2009 about Spatial Plan Area of Bali in the mastery and the utilization of the coastal area associated with mastery and authority utilization over the coastal areas as well as analyzing the related strategies of mastery and the utilization of the coastal area. The type of research used in the form of empirical legal research, using the approach the approach to legislation, a legal concept analysis approach, the approach of anthropological approach and the case law. The data source of this research was obtained from primary data and secondary data, collected with the stages through the interview techniques and engineering studies and subsequent documents processed and analyzed qualitatively with systematic way, classified in the pattern and themes, classified, connected between each other, to understand the significance of data interpretation in social situations, and the interpretation of the overall data quality. Research results show that the authority of the mastery and the utilization of the coastal area after the passage of the ACT Government is the authority of the Central Government and the regional Government of the province which is practically given delegates to the district/city Governments overseeing the mastery and its utilization by local community. Setting against the mastery and the utilization of the coastal area of Bali should be established with local regulations, and as it is known that these provisions (RZWP3K settings) are still in the drafting stage so that the top recommendations submission of mastery and the utilization of the coastal area in the province of Bali has yet to be implemented effectively.]]>
