Jurnal Interpretasi Hukum
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.
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395 Documents
<![CDATA[Pertanggungjawaban Pidana terhadap Pencemaran Lingkungan di Indonesia ]]>
<![CDATA[I Komang Agus Edi Suryawan]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3092.59-63
<![CDATA[The environment as a place to live and at the same time as a storage for waste from human activities. Can return to normal if the waste does not damage the environment. Environmental pollution has a bad impact on society. Research and reports from related institutions noted Indonesia's environmental problems, namely polluted rivers, the quality of the water must be considered because it is widely used by the community. The research method in this writing uses normative legal research, first examining the problem using the basis of statutory law. Discussion of issues regarding legal arrangements for criminal acts of environmental pollution and responsibility for criminal acts of environmental pollution according to criminal law in Indonesia. In this case, the legal provisions for criminal acts of environmental pollution are regulated in Law No.32 of 2009 concerning Environmental Protection and Management. The accountability may be imposed on individuals, corporations and authorized officials.]]>
<![CDATA[Efektivitas Pengawasan Dinas Pertanian dan Pangan dalam Peredaran Daging Babi di Pasar Tradisional Kabupaten Badung ]]>
<![CDATA[I Made Aditya Wira Sanjaya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3093.64-68
<![CDATA[In the business world, actors and consumers (use of goods or services) both have needs and interests. The business aims to earn profits and transactions with consumers, while consumers are to obtain satisfaction in terms of the price and quality of goods provided by the business actor. This study aims to explain the legal protection of consumers who consume pork in the traditional markets of Badung Regency and explain the supervision of the Government through the Agriculture and Food Service of Badung Regency on the sale of pork in the traditional markets of Badung Regency. This research used empirical legal research and a sociological legal approach. The data sources used were primary data and secondary data. Data collection techniques used in other studies used document study techniques and interviews. In this study, the processing and analysis were carried out qualitatively. This implementation is carried out at the Badung Regency Agriculture and Food Service. The rule of law against consumers is sufficient to protect consumer rights, furthermore, its effectiveness has been carried out effectively by the local government of Badung Regency]]>
<![CDATA[Peranan Patroli Satuan Sabhara Dalam Upaya Pengoperasian Tindak Kejahatan Di Wilayah Hukum Polda Bali ]]>
<![CDATA[I Nyoman Loka Hari Prabawa]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3094.69-73
<![CDATA[The carrying out of routine police operations is capable of preventing crime and harmonizing public obedience. This study aims to explain the patrol capabilities of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police and explain what factors are hindering the Sabhara Unit patrols in the effort to operate criminal acts within the jurisdiction of the Bali Regional Police. The type of research used is empirical legal research. The approach used is the Legislative Regulations approach. Data sources are primary and secondary legal data sources. Data collection techniques were carried out by interviewing rules and documentation. After the legal materials are collected, they are processed and analyzed using qualitative method analysis. The results showed that the Sabhara Unit patrol capability in an effort to operate a crime in the jurisdiction of the Bali Regional Police was to arrest and report the criminal executor who was caught red-handed while patrolling, securing the victim, executor, witnesses, evidence, and the location of the next case the factors that hinder patrols of the Sabhara Unit in an effort to operate criminal acts in the jurisdiction of the Bali Regional Police, namely internal factors, namely lack police personnel, information, no evidence found and lack of infrastructure, while external factors are lack of public awareness, victims do not immediately report and fear the Police.]]>
<![CDATA[Perubahan Status Jenis Kelamin dalam Perspektif Hukum Positif di Indonesia ]]>
<![CDATA[I Nyoman Satria Perwira]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3095.74-78
<![CDATA[Sexual abnormalities are caused by abnormalities in a person's hormones. Transsexuals have the desire to change their sex by means of surgery, which can be done in accordance with applicable procedures. Until now, Indonesia does not have a legal regulation regarding changing the sex status of a transgender person who performs sex surgery, because there are no rules on changing gender status, it creates a vacuum of norms and causes people to still underestimate a transgender person. Change of gender status can be made by submitting the application to the District Court. This study aims to explain the procedure for sex change in Indonesia and the legality of sex change from a positive legal perspective in Indonesia. This research used normative research and a conceptual approach. The sources of legal materials used were primary, secondary, and tertiary legal materials. Data obtained through documentation and recording techniques then analyzed systematically. The results showed that the change in gender status in Indonesia has several stages such as undergoing counseling, psychiatric examinations, andrology examinations, physical examinations, psychoreligious counseling, and others of an administrative nature. Not everyone can perform genital surgery, there are several conditions that must be met to get legality or legal certainty that a transgender person can file it in a local district court, this is done to get legal recognition.]]>
<![CDATA[Kedudukan Hukum Anak Astra dalam Hukum Waris Adat Bali Setelah Orang Tua Biologisnya Kawin Sah ]]>
<![CDATA[Agus Suarnegara]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3096.79-83
<![CDATA[The legal position of Astra's children in Balinese traditional inheritance law after their parents are legally married will follow their father. Many are found in community life, the incidence of children born to women who are not yet in a legal marriage bond so that it can cause problems. This study aims to explain the legal position of Astra's children after the enactment of Law Number 1 of 1974 concerning Marriage and to describe the inheritance rights of Astra's children in Balinese customary law after their biological parents are legally married. This study used normative research by examining the prevailing laws and regulations by relating the realities in the field, in this regard, of course, the right approach is the Legislative Approach. The legal materials used were primary and secondary legal materials. Furthermore, the collected legal materials are processed and analyzed using systematic interpretation analysis techniques. The results showed that the position of Anak Astra after the enactment of Law no. 1 of 1974, legally only has a civil relationship with his mother and his mother's family. The rights of Astra's children in Balinese customary law After their biological parents get married legally in Bali, it is after Astra's child is born in a legal marriage that his rights and status are according to his father (purusa).]]>
<![CDATA[Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian ]]>
<![CDATA[I Putu Rusdi Eka Pratama]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3097.84-88
<![CDATA[Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Bidan yang Membantu Menangani Abortus Provocatus Secara Ilegal ]]>
<![CDATA[I Putu Wahyu Putra Suryawan]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Diah Gayatri Sudibya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3098.174-178
<![CDATA[Provocatal abortion is the result of expulsion of conception before its time less than 20 weeks which is done deliberately by using drugs or medical devices. Currently, provocatus abortion is rife with adolescents who are involved in promiscuity and adult women who are married. In carrying out the act of abortion provocatus, some are done by themselves using drugs, traditional ingredients or massage, and some are assisted by medical doctors and midwives. that is done illegally. This study aims to determine the legal arrangements governing the act of legally abortion provocatus, and to determine the criminal responsibility of midwives who help treat provocatus abortion legally. This research uses a type of normative legal research, by examining the 1945 Constitution of the Republic of Indonesia, Law No. 36 of 2009 and the Criminal Code as a basis for knowing criminal liability to midwives who help deal with illegal abortion provocatus. The results of this study indicate that the legal arrangements regarding provocatus abortion are legally regulated in Article 75 paragraph (2) of the Health Law, which states that the prohibition on abortion can be lifted if it is carried out on a pregnant woman whose womb experiences symptoms of a medical emergency that endangers her life / fetus being conceived is suffering from genetic diseases or congenital defects that do not allow it to be cured so that it has the potential to make it difficult for the baby to lead a normal life. Then, the criminal liability for a midwife who helps handle provocatus abortion illegally has different sanctions from the criminal responsibility of the main perpetrator (doctor).]]>
<![CDATA[Keabsahan Perkawinan Ngerorod (Kawin Lari) di Desa Kelusa, Kabupaten Gianyar ]]>
<![CDATA[I Wayan Bayu Suta]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3099.184-188
<![CDATA[Today's Balinese customary law recognizes two ways to carry out a marriage, namely marrying by memadik (engaging) and marrying by means of Ngerorod (kawin lari). If during the engagement period the parents and families of both parties have the blessing, the marriage will be done by memadik. Conversely, if the engagement period does not get the blessing of the parents and family of one or both parties, while the couple has already fallen in love and it is no longer possible to be separated, then ngerorod is the only way to get married. This study aims to determine the validity of the Ngerorod marriage (kawin lari) in the village of Kelusa, and to determine the legal settlement of the Ngerorod marriage in the village of Kelusa. The research method used is an empirical legal research method with a sociology of law approach. The results showed that the legality of the ngerorod marriage that usually occurs in Kelusa village is that the man and the woman make a statement that the woman is legally in the house of the man she loves. The male family came to Bendesa Adat and Kelian Adat to discuss the ngerorod marriage, then the man picked up the woman in front of her house. Then, the legal settlement in the Ngerorod Marriage in Kelusa village was because the woman was still married to another person, after going through a sangkep (meeting) by the traditional village prajuru giving customary sanctions and being directed or obliged to legally divorce according to the provisions of the Law.]]>
<![CDATA[Penomoran dan Penanggalan Akta Notaris Berdasarkan Putusan Pengadilan (Analisis Putusan PN Denpasar Nomor 530/Pdt. G/2016/PN. Dps.) ]]>
<![CDATA[Istadevi Utami Rahardika]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>;
<![CDATA[Putu Ayu Sriasih Wesna]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3100.95-102
<![CDATA[The Denpasar District Court (PN) in its decision Number 530 / Pdt.G / 2016 / PN.Dps stated that it has punished the Notary to immediately give the number and date to the Sale and Purchase Binding Agreement Deed and the Power of Attorney. This is interesting and important to examine in this research in relation to the basis of authority and the method of assigning the number and date of the deed signed by the parties before the notary after the Denpasar District Court decision. This normative legal research aims to examine the contents of a positive legal level, concerning the Numbering and Dating of Notary Deeds, using primary, secondary and tertiary legal materials, while the analysis method uses grammatical and systematic interpretation. The results showed that the basic authority of the Denpasar District Court to decide disputes regarding the numbering and dating of notary deeds, namely Article 130 HIR / 154 Rbg, Article 1851 of the Civil Code, Law of the Republic of Indonesia Number 48 of 2009, Perma RI Number 1 of 2016, and the principle of ius curia novit. In connection with the numbering and dating of the Notary deed, it can be done based on the provisions of the UUJNP and refers to the Denpasar District Court decision.]]>
<![CDATA[Pemberian Kredit dengan Jaminan Fidusia pada PT Bank Mayapada Internasional Cabang Denpasar pada Masa Covid-19 ]]>
<![CDATA[Kadek Della Ayu Saputri]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 1 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.1.3101.103-108
<![CDATA[Fiduciary is one of the efficient guarantees for people who need funds amid the Covid-19 pandemic as is known the impact of this pandemic can be seen in the economic sector in Indonesia Banks are an effective intermediary institution as a channel for funds for productive financing activities which will encourage economic growth itself In this study discusses how PT Bank Mayapada Internasional Denpasar Branch provides policies in the midst of a pandemic like this then regarding the implementation of providing credit with fiduciary guarantees during the Covid-19 period as well as regarding the settlement of defaults related to providing credit with fiduciary guarantees during the Covid-19 period The type of research used is empirical legal research Based on the results of the study it is concluded that the implementation of the provision of credit during this pandemic begins with submitting a restructuring application then conducts analysis such as cash flow latest financial report checking account for the last three months collateral condition debtor s business visit and finally a new agreement is made Then the settlement of default is done by restructuring then mediation and finally by bringing the guarantee to the auction body.]]>
