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<![CDATA[Perlindungan Hukum terhadap Hak-Hak Korban dalam Perdagangan Manusia dari Persepektif Hak Asasi Manusia ]]>
<![CDATA[Agus Yogik Palguna]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2956.1-4
<![CDATA[The crime of trafficking in persons often occurs among women and children. This case is mostly among adult women; this is due to demands (less economic) so that trafficking in persons often occurs. The government must eradicate this case and provide legal protection for victims of trafficking in persons so that women and children are not arbitrarily treated by traffickers. The type of research used is juridical normative; a study the discussion of which is based on laws and legal materials. The results of the analysis show that the criminal sanctions given to the perpetrators must be really sanctions that give a deterrent effect, so that the perpetrators do not repeat their mistakes. In addition, the existence of sanctions can reduce criminal cases of trafficking in persons against women and children, and no one treats women and children arbitrarily, and no longer makes women and children victims of trafficking in persons. So that children and women can become the next generation of the nation to be proud of themselves and others.]]>
<![CDATA[Tinjauan Yuridis terhadap Dampak Eksploitasi Perdagangan Anak dengan Modus Perkawinan ]]>
<![CDATA[Anak Agung Ngurah Bagus Arya Bhaskara]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2958.5-9
<![CDATA[The main causes of sexual crimes are economic factors and a lack of formal education, which triggers the crime of sexual exploitation of child trafficking with the marriage mode, which usually targets mostly children or women. This study aims to determine the impact of the exploitation of child trafficking by means of marriage as seen from the aspects of the Law on Trafficking in Persons and to find out the sanctions against perpetrators of child trafficking with the mode of marriage that occur in Indonesia. This research uses the normative legal method. The results of the analysis show that the impact that can be had on children and women victims is the impact on physical and psychological, emotional, spiritual, and disturbed health. Then, sanctions against perpetrators are regulated in Article 297 contained in the Criminal Code and in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law Number 23 of 2002 Concerning Child Protection and also Law Number 13 concerning Manpower.]]>
<![CDATA[Upaya Kepolisian dalam Penanganan Kasus Tindak Pidana Pembunuhan yang Dilakukan Warga Negara Asing (WNA ) terhadap Warga Negara Indonesia (WNI ) ]]>
<![CDATA[Cokorda Gede Agung Rama Yudha]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2959.10-14
<![CDATA[Police efforts in handling cases of murder committed by foreigners against Indonesian citizens based on article 338 of the Indonesian Criminal Code, where the action is an act of eliminating the life of another person, the police have the authority to handle the case as an investigator to maintain security and order in Indonesia. This study aims to analyze the investigation process and find out the settlement of the Criminal Act of Murder by foreigners against Indonesian citizens based on the judicial system in Indonesia reviewed with the Territorial Principle. This study uses the normative legal method. The results of the analysis show that the police have the authority as an investigator in cases of murder committed by foreigners against Indonesian citizens. The investigation process is carried out in accordance with the provisions of the Republic of Indonesia police regulation number 6 of 2019 and also article 6 of the Criminal Procedure Code regarding the provisions of article 2 of the Criminal Code which explains that the regulations in Indonesia apply to all citizens residing in Indonesia and enforcement is carried out against the perpetrators of murder tried in accordance with the judicial system in Indonesia based on the provisions of article 2 of the Criminal Code concerning the principle of territoriality with article 338 of the Criminal Code. Through this research, it is hoped that Indonesian citizens and foreigners will remain subject to the law. Furthermore, the government should pay attention to local residents who occupy Indonesian territory by reinforcing the applicable regulations in Indonesia.]]>
<![CDATA[Upaya Pencegahan Anak sebagai Korban Kekerasan Seksual melalui Dunia Maya ]]>
<![CDATA[Desak Ketut Linda Saraswati]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2960.15-18
<![CDATA[Since being in the womb, the child has dignity as a whole human being given by God Almighty. A child who is born must get his rights without the child asking. Children who are part of the next generation with the ideals of the nation have a strategic role in ensuring the existence of the nation and state in the future. Sexual violence against children today does not only occur physically but has penetrated cyberspace. This is because it is easy to access cyberspace, especially social media, by various groups ranging from children, adolescents and even parents. This study uses the normative legal method, namely a library research to obtain legal materials. The results of the analysis show that prevention can be done through preventive and repressive measures. Preventive efforts through a family environment that implements the 18-21 program, which means that at 18.00 to 21.00 the time for children and parents to have dialogue and interaction, which was first implemented in Padang City. Besides parents, so that they can give more time and attention to children. Repressive measures are taking action against perpetrators of sexual violence against children through cyberspace in accordance with applicable laws and regulations so that the perpetrators have a deterrent effect and do not repeat it on another day.]]>
<![CDATA[Uang Virtual (Cryptocurrency) sebagai Sarana Tindak Pidana Pencucian Uang dalam Perdagangan Saham ]]>
<![CDATA[Dewanti Arya Maha Rani]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2961.19-23
<![CDATA[The continuation of the electronic media that is widely discussed today is virtual money, commonly known as cryptocurrency. Cryptocurrency can also be referred to as an unformed commercial object; actually in digital form which can be used in electronic transactions. This study aims to analyze the existence of virtual money (cryptocurrency) in stock trading in Indonesia and to find out the responsibilities of money laundering offenders who use virtual money (cryptocurrency) in stock trading. The research method used is normative legal research. The results show that the existence of virtual money (cryptocurrency) in stock trading in Indonesia when used as currency unification, transact, trade or as a means of payment with businesses in this case, especially stock trading in Indonesia can be said to be invalid in terms of Law Number 7. 2011 concerning Currency. Users of virtual money (cryptocurrency) in Indonesia are quite widely used in business, which can be seen in Indonesia itself that virtual money (cryptocurreny) such as Bitcoin and Centcoin are circulating. Then, the responsibility of the perpetrators of money laundering who use virtual money (Cryptocurrency) in stock trading, where this action has a very negative impact on the Indonesian State, especially in terms of business because people who have committed these crimes take advantage of technological advances unwise so that the perpetrators can be ensnared based on Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha Maskapai Penerbangan atas Penundaan Pembayaran Dana Refund ]]>
<![CDATA[Dinda Aurelia Danian]]>;
<![CDATA[Ni Luh Made Mahendrawati]]>;
<![CDATA[Ida Ayu Putu Widiati]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2962.24-31
<![CDATA[Competition encourages companies to provide attractive offers such as promo ticket prices to giving free seats. However, many airline companies, who only want to achieve their profit targets, are willing to put aside their responsibilities and consumer rights; one of which is the delay of a flight ticket refund due to the cancellation of the flight by the airline unilaterally. This study aims to determine the form of legal protection for consumers who experience delays in paying Refund funds by airlines and to find out the forms of airline responsibility for Refund funds and settlement efforts in case of disputes. This type of research is normative juridical with a statutory approach presented in the form of legal interpretation. The results showed that the cancellation of flight schedules by airlines was not regulated in Law No. 1 of 2009 concerning Aviation, but the provisions can be seen in the Minister of Transportation Regulation Number 77 of 2011 Article 12 paragraphs 1 and 2. Permenhub Number 185 of 2015 also regulates the period of ticket refunds. Refunds can also be added with other compensation as well as Article 1453 of the Civil Code. The time period for the refund process by airlines is generally in accordance with the Regulation of the Minister of Transportation Number 185 of 2015. Settlement of consumer disputes can be done by 1) Direct compensation for losses; 2) Through BPSK by means of mediation, conciliation and arbitration; 3) Settlement of consumer disputes through litigation.]]>
<![CDATA[Hak Cipta Karya Seni Lukis sebagai Jaminan Fidusia ]]>
<![CDATA[Ni Kadek Emy Kencana Wati]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2963.32-36
<![CDATA[The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and 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 the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.]]>
<![CDATA[Kedudukan Perancang Peraturan Perundang-Undangan dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[I Dewa Gede Anggarisna]]>;
<![CDATA[I Gusti Bagus Suryawan]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2964.37-40
<![CDATA[This study aims to determine the position and duties of the designer in the formation of regional regulations and the implementation of the designer's participation in the formation of regional regulations in Bali Province. The method in this legal research uses empirical legal research. The results show that the position and duties of the drafters of legislation in the formation of regional regulations play an important role, namely preparing to process and formulate all legal instruments and matters related to the design of legislation, while in the formation of regional regulations in Bali Province, the implementation of participation, namely the statutory designer is still there are 3 regencies / cities that have not involved the designer in the formation of local regulations. The comparison of the number of perda revoked from 2014-2019 between Provinces / Districts that involve designers and districts / cities that have not involved designers does not show a significant comparison of numbers. However, in 2018 the implementation of Designer Participation. In the Formation of Regional Regulations in the Province of Bali, it was started from the beginning to the end. So that the implementation of the participation of the new designer begins to run effectively. The legal consequence is that if the designer does not explicitly include the statutory regulations it does not explicitly state the sanctions so that there is an empty norm.]]>
<![CDATA[Pelaksanaan Eksekusi Benda Jaminan Kredit yang Tidak Mencukupi untuk Pelunasan Utang di Koperasi Guna Arta Karangasem ]]>
<![CDATA[I Gede Agus Wira Sanjaya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2965.41-45
<![CDATA[This study aims to determine the credit agreement or business loan between the customer and the cooperative and to find out the settlement in the event of a dispute in the credit agreement between the customer and the cooperative. This study uses empirical research methods where the method is based on positive law and norms. The results showed that the agreement made between the cooperative and the customer is based on the agreement of the parties who are ready to carry out their obligations and get rights. The obligation of the cooperative to provide loan funds to customers is the right of the cooperative to benefit from interest from customer loan funds. The obligation of the customer to pay the loan on time that has been agreed upon because he has lent funds, the right of the customer to get a loan for the customer's needs according to the agreement of the parties. Then, the agreement of the parties is not a guarantee that there will be no default, the importance of a legal attorney in an agreement makes it easier to resolve problems between the parties. Legal attorneys provide options for ending the case through the court (litigation) and settlement in a family way (non-litigation). Most parties use the non-litigation route because they want everything to be done quickly but at low cost. If the non-litigation solution does not find a middle ground, the case will proceed to court. Judge's rule applies to parties in litigation from the time until the costs incurred. Those who lost are willing to be asked for compensation for their actions.]]>
<![CDATA[Tinjauan Yuridis Tindak Pidana Kebiri dalam Perspektif Hak Asasi Manusia ]]>
<![CDATA[I Gede Fajar Manggala]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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<![CDATA[The actions of a person who does something that is detrimental to others, for example torture, harassment, murder to result in death are required to be accountable for their actions. This study aims to determine the regulation of castration from a human rights perspective and to determine the sanction of castration from a human rights perspective. The method used is normative legal research which is carried out by recording and studying based on legal materials. The results of the study show that the punishment for castration is a maximum of 15 years and a maximum fine of five billion rupiah is a government action in an effort to eliminate discriminatory actions against a person's human rights. The government's decision regarding the sanctions given to perpetrators of the criminal act of castration is considered excessive by the National Human Rights Commission because it violates human rights and is too serious for the perpetrators but is still supported in order to eliminate acts of abuse against children as the nation's next generation.]]>
