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Contact Name
Nyoman Gede Sugiartha
Contact Email
interpretasihukumjurnal@gmail.com
Phone
+6281237083338
Journal Mail Official
interpretasihukumjurnal@gmail.com
Editorial Address
Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239
Location
Kota denpasar,
Bali
INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi 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 April, August, and December, 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 395 Documents
Perlindungan Hukum bagi Pekerja Toko Modern yang Terkena Pemutusan Hubungan Kerja (PHK) secara Sepihak Akibat Dampak Pandemi Covid-19 di Kota Denpasar Gusti Ayu Arya Anindyanari Auliani Dewi; I Nyoman Putu Budiartha; Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.829 KB) | DOI: 10.22225/juinhum.2.1.3082.31-36

Abstract

The termination of the work bond was still often carried out by business owners to their workers. Among other things, modern shop owners in denpasar did as a result of the covid-19 impact of Indonesia. They make stops on modern shop workers without prior deliberations. The issue that arises is how the legal rights and protection arrangement for workers can be laid off unilaterally by the owners. The study of law is an empirical law study. Data from writing comes from debriefing and research literature. In an effort to provide legal protection against unilateral layoffs from modern shop workers, the government has issued several rules relating to the termination of employment agreements by business owners. Furthermore, the rights of unemployed workers should be noted such as severance pay and repayment and guarantee legal protection by giving preventive and repressive protection to prevent overworked owners from using unemployment.
Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing Gusti Ayu Dewi Irna Yanthi; I Nyoman Putu Budiartha; I Ketut Sukadana
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.418 KB) | DOI: 10.22225/juinhum.2.1.3083.153-157

Abstract

Inheritance in Bali adheres to the Patrilineal principle where boys have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study was to determine the position of inheritance rights for women based on Balinese traditional inheritance law, and to determine the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. . In this study, using empirical research methods by presenting data qualitatively. The results of the study stated that in the awig-awig of the Lambing traditional village, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village is not fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.
Pengaturan Pendirian Perusahaan Penanaman Modal Asing (PMA) di Indonesia Gusti Ngurah Sudarma Yuda; I Nyoman Putu Budiartha; Ni Made Puspa Sutari Ujianti
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.969 KB) | DOI: 10.22225/juinhum.2.1.3084.43-47

Abstract

Investment has a very important function in terms of improving the development of the state's economy. This investment is an activity carried out by the business world in order to improve the standard of living of the community. The research aims to explain the arrangement of agreements for the establishment of foreign investment companies in the era of regional autonomy and to describe the settlement of disputes in foreign investment. The research method was normative legal research with a problem approach using a statutory approach and a conceptual approach. The data sources used were primary and secondary legal materials. The results of this study indicatde the existence of PMA during the regional autonomy era, the policies taken by the Bali Provincial BKPMD / BPM to attract investors to invest in the Bali area, especially the Bali Province BKPMD / BPM are still guided by the Letter of the Deputy for National Entrepreneurship Development, BPM Number S-35. / DU-5BKPM / 2001 concerning the field of promotion and international cooperation in investment and dispute resolution for foreign investment who commit violations according to Law Number 25 of 2007 is pursued by means outside the general court (non-litigation) through arbitration and through the judiciary ( litigation).
Perbandingan Kekuatan Hukum Alat Bukti Otentik dan Perjanjian Bawah Tangan (Studi Kasus Perkara Nomor: 939/Pdt.G/2018/PN Dps) Ronaldo Darmawan; Anak Agung Sagung Laksmi Dewi; Ni Made Sukariyati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.603 KB) | DOI: 10.22225/juinhum.2.1.3085.132-136

Abstract

Every citizen in Indonesia must obey the prevailing regulations for the creation of public order and security. The law itself functions as a unifying nation and binds everyone with sanctions. If there are citizens who violate the rules, they will be subject to sanctions according to the applicable rules. This study aims to determine the comparison of the legal strength of authentic deed evidence with underhand deeds and to analyze the judges' considerations in their decision on the legal strength of underhand deeds over authentic deeds. The method in this research is a type of normative legal research which is carried out by the method of recording and studying based on legal materials. The data source used comes from documents. The results showed that the proving power of underhand deeds was not as strong as authentic deeds because underhand deeds did not have three types of strength such as authentic deeds, namely external, formal, and material proof. But it is only limited to formal and material strength with a much lower weight than the authentic deed.
Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia Hamam Febrian Cahaya; I Nyoman Putu Budiartha; Putu Ayu Sriasih Wesna
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.685 KB) | DOI: 10.22225/juinhum.2.1.3086.179-183

Abstract

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.
Sanksi Pidana terhadap Pelaku Tindak Pidana Perjudian Togel (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 23/PID.B/2020/PNBLI) I Dewa Ayu Mira Pradewi; I Nyoman Gede Sugiartha; I Ketut Widia
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (246.512 KB) | DOI: 10.22225/juinhum.2.1.3087.189-194

Abstract

Gambling is a bet with risk values that are intentionally aware of the risks. The formulation problem is Why togel gambling crimes are still prevalent in the community? And What is the consideration of the Judge in dropping the verdict against the perpetrators of the togel gambling crimes?. The type of research used is the normative legal research type. The approach method used a statutory approach. While technique collecting legal materials used by analyzing court decisions. In conclusion, the rising gambling in Indonesian society is due to one of the impositions of criminal sanctions against perpetrators who are too light. While the case The Verdict Number 23/PID.B/2020/PNBLI caused by economic and environmental factors involving Defendant Nyoman Pageh and is subject to a prison sentence of 5 months on charges of violating the provisions Article 303 paragraph (1) of the Criminal Code jo Article 2 of Law No. 7 of 1974. The judge's consideration verdict is based on the consideration of a juridical judge. As for the incriminating circumstances, his actions do not support the government's program in the eradication of gambling, while the circumstances that relieve is, the defendant regrets and promises not to repeat his actions again, the defendant behaved politely at the trial.
Keberlakuan Yuridis Peraturan Protokol Kesehatan di Provinsi Bali I Gede Mallik Satya Devangga; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.689 KB) | DOI: 10.22225/juinhum.2.1.3088.163-167

Abstract

The increase in Covid-19 caused the Bali provincial government to issue Bali governor regulation number 46 of 2020 which is an order from presidential instruction number 6 of 2020. Presidential instruction is not a product of statutory regulations, the researchers formulated two research objectives, namely to determine the position of Bali governor regulation number 46 2020 concerning the implementation of discipline and enforcement of health protocol laws as an effort to prevent and control the 2019 coronavirus disease in a new era of life in the statutory system in Indonesia, as well as to determine the validity of the enactment of the Bali governor's regulation Number 46 of 2020 in the statutory system of law in Indonesia. Indonesia The research method used in this study is a normative juridical research method. Based on the results of the research, it can be argued that Bali governor regulation number 46 of 2020 is the implementing regulation of the presidential instruction as a product of policy regulations. Then, Bali Governor regulation Number 46 of 2020 does not have binding power as is the case with statutory regulations. the basis for the judge's consideration is not statutory regulations but the general principle of good governance.
Sanksi Pidana terhadap Pejabat Negara yang Melakukan Korupsi atas Penyalahgunaan Wewenang I Gede Sayogaramasatya; I Made Minggu Widyantara; Ida Ayu Putu Widiati
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (234.692 KB) | DOI: 10.22225/juinhum.2.1.3089.168-173

Abstract

The large number of state officials who commit corruption due to abuse of authority while exercising their authority can lead to losses to State finances. This study aims to determine the regulation of corruption by state officials in Indonesia, as well as to determine the sanctions for state officials who commit corruption for abuse of power. The research method used in this research is normative legal research with a statutory approach. The results showed that the regulation of corruption committed by state officials in the Corruption Eradication Law No. 20 of 2001, which defines that the act is committed by everyone against the law only to enrich himself or others including corporations which categorized as causing financial losses to the country's economy. There are two sanctions for officials who commit corruption for abuse of office, namely the death penalty and imprisonment.
Penanggulangan Terhadap Penyalahgunaan Zat Adiktif Inhalan (LEM) I Kadek Buana Putra Sedana; I Nyoman Gede Sugiarta; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.452 KB) | DOI: 10.22225/juinhum.2.1.3090.48-52

Abstract

The abuse of inhalant addictive substances does not have specific rules governing the perpetrator of abuse that causes disruption of public order and comfort by the effects of these substances so that they can harm the surrounding community and can also threaten the life of the user at the same time if used sustainably. This study aims to explain the legal sanctions given to perpetrators of inhalant addictive substance abuse and to describe the efforts to overcome the occurrence of inhalant addictive substance abuse. This study was designed using normative legal research with a statutory approach, namely conducting research from library materials or secondary data and conducting research on the prevention of inhalant addictive substance abuse. The data sources used were primary, secondary, and tertiary legal data. The results showed that the abuse of inhalant addictive substances did not have specific rules, but in the Criminal Code and the Law, the impacts and risks of abuse with minors, then to overcome the abuse of inhalant addictive substances, can use non-criminal legal policy measures (Non-Penal) and criminal law policy (Penal).
Sanksi Pidana terhadap Tenaga Medis yang Melakukan Pemalsuan Surat Keterangan Rapid Test Covid 19 I Kadek Suar Putra Dana; Anak Agung Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.341 KB) | DOI: 10.22225/juinhum.2.1.3091.53-58

Abstract

Current world conditions the outbreak of the Covid 19 virus that attacks humans around the world so that the Indonesian government takes a serious policy to tackle the spread of this virus by limiting areas this policy has resulted in crimes One of them is the crime of falsification of the covid test certificate 19 The formulation of the problem that can be raised is how to regulate the forgery of medical certificates in Indonesian criminal law? and what are the criminal sanctions for falsification of the Covid 19 rapid test certificate by medical personnel? This thesis research uses normative research type Letter forgery is regulated in KUHP articles 263 to article 267 besides that it is also regulated in article 7 of the medical code of ethics Sanctions for falsification of the COVID-19 rapid test certificate are subject to criminal sanctions and sanctions on medical code of ethics administrative sanctions If the doctor is proven to have committed forgery himself then the liability will be punished for a maximum of 4 (years) and administrative sanctions if it is carried out by the hospital the corporation will be subject to criminal three times the fine set against the individual.

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