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.
Articles
395 Documents
<![CDATA[Akibat Hukum Terhadap Pengurusan Biaya Nafkah dan Pendidikan Anak Pasca Perceraian ]]>
<![CDATA[I Putu Yoga Febrian Cahya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Komang Arini Styawati]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4130.520-524
<![CDATA[Responsibility for parents to their children is an obligation that should be carried out by every parent. Children get all the important rights to support their growth and development and are entitled to the best possible custody of their parents. The end of the marriage between the wife and husband does not abolish all the obligations of parents to their children. The purposes of this study are to determine the responsibility of parents to children after their parents' divorce and the legal consequences for parents who do not carry out their obligations. This research uses a normative research type with a statutory approach and a conceptual approach. The technique of collecting legal materials is done by applying a literature study. Sources of legal materials in the form of primary, secondary, and tertiary legal materials which are then analyzed using the method of processing legal materials systematically and the results are presented descriptively. The results of the study indicate that the management of child support costs can be seen from the Civil Code, the 2019 Law on Marriage, Law Number 35 of 2014, Law Number 4 of 1979 concerning Welfare. The legal consequences for both parents who do not carry out their obligations can be done in 2 (two) ways, namely Application for Execution and Revocation of Custody to the Religious Court.]]>
<![CDATA[Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu ]]>
<![CDATA[Widhiatmika Coryka]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4131.525-530
<![CDATA[Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.]]>
<![CDATA[Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19 ]]>
<![CDATA[Ni Made Wismantari]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
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DOI: 10.22225/juinhum.2.3.4132.531-537
<![CDATA[The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.]]>
<![CDATA[Kekuatan Akta Pejabat Pembuat Akta Tanah dalam Proses Jual Beli Tanah Kavling ]]>
<![CDATA[Made Agus Satria Wahyudi]]>;
<![CDATA[Ida Ayu Putu Widiati]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4133.538-543
<![CDATA[Indonesian people, especially Balinese, often do business on land in various ways, including buying and selling land. The first formal certificate of ownership should clearly define rights and obligations, provide legal certainty, and be useful in the event of a dispute over the purchased land. The purposes of this study are to explain the process of buying and selling land in plots of land and the strength of the deed of the official who made the land deed. The method applied in this research is the Law-Based Survey with a statutory approach and a conceptual approach. Data collection techniques were carried out by field observations in the form of interviews. Sources of legal materials used are primary and secondary sources of legal materials. The data analysis technique used descriptive qualitative analysis method. The results show that if an authentic deed made by PPAT does not meet the requirements as an authentic deed, then the authentic deed is accredited as a private deed. If there is a problem and the certificate for certain plots of land has not been issued, the Land Office will wait until there is a final and binding decision from the Court regarding the status of the land in question and will continue to delay the process of land certification for the plots concerned. If you want to buy land, of course you have to investigate material requirements, property status, letters or other important documents, of course there should be no dispute.]]>
<![CDATA[Sanksi Pidana Terhadap Pelecehan Lambang Negara ]]>
<![CDATA[Ayou Lestari Duarkossu]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4134.544-549
<![CDATA[The coat of arms is a representation of the country itself. Since the first, cases of abuse of state symbols often occur. So in this case, a firm criminal act is needed in an effort to minimize the case. The purposes of this study are to review law enforcement against harassment of state symbols and criminal sanctions against harassment of state symbols. This research method uses a normative legal research type with a statutory approach. The technique of obtaining legal materials in this research is done by document study and literature study. Sources of legal materials used are primary, secondary and tertiary sources of legal materials. The method used in processing and in data analysis used in this study is qualitative. The results of the study indicate that sanctions/law enforcement against harassment of state symbols in Indonesia are law enforcement as TNI/POLRI and the government is tasked with maintaining the security of the community and the state. So that there are no crimes of criminal acts committed by the community, and in order to bring order to security in the midst of society. Criminal sanctions due to criminal acts can be in the form of imprisonment and fines in accordance with the provisions stipulated in the laws and regulations regarding harassment of the Indonesian state symbol.]]>
<![CDATA[Peran Lembaga Pemasyarakatan dalam Memenuhi Hak Narapidana Perempuan Hamil dan Pasca Melahirkan ]]>
<![CDATA[Desy Kristiani Rahma Putri]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4135.550-554
<![CDATA[The correctional system is a coaching effort carried out in correctional institutions in Indonesia, the guidance is intended for inmates who commit criminal acts and are sentenced to prison. In the coaching process, the inmates are protected and nurtured by correctional officers and their rights are protected as citizens. The purposes of this study are to reveal the rights of pregnant and postnatal female prisoners in the correctional facility as well as the implementation of granting the rights of pregnant and postnatal women inmates to women's prisons class II A Kerobokan. The research method used is empirical legal research with a sociological juridical approach. The technique of collecting legal materials is obtained directly through respondents or sources. Primary and secondary sources of legal materials were analyzed using descriptive analysis techniques. This study concludes that prisons have an important role in protecting and fulfilling the rights of prisoners themselves, especially pregnant and postpartum women, the protection of these rights is intended so that they receive humane treatment in prisons.]]>
<![CDATA[Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana ]]>
<![CDATA[I Gede Satyawan Pradnya Wiguna]]>;
<![CDATA[I Nyoman Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4136.555-561
<![CDATA[Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions]]>
<![CDATA[Tinjauan Yuridis Pertanggungjawaban Pidana Terhadap Ujaran Kebencian (Hate Speech) di Media Sosial ]]>
<![CDATA[I Made Andy Sabda Permana]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4137.562-566
<![CDATA[Unlimited freedom of expression causes hate speech crimes to occur more and more in society, especially on social media, especially related to this crime, there is still no special regulation as a regulation in minimizing cases like this. The purposes of this study are to examine the legal regulation of hate speech crimes through social media and criminal liability for hate speech through social media. This study uses normative law through a statutory and conceptual approach based on primary and secondary legal materials with document studies, then the results are presented in a descriptive analysis. The results of the study show that the basis for violating the law for those who make hate speech on social media is based on Law No. 11 of 2008 concerning ITE and Law No. 19 of 2016 on amendments to Law No. 11 of 2008. In accordance with legal regulations Therefore, the responsibility for hate speech crimes on social media is regulated in Article 45A paragraph (2) of Law Number 19 of 2016 which will be given a maximum imprisonment of 6 years and/or a maximum fine of 1,000,000,000.00 (One Billion Rupiah).]]>
<![CDATA[Sanksi Pidana Bagi Kegiatan Mereview Suatu Produk Usaha di Media Sosial Tanpa Izin ]]>
<![CDATA[Bagus Andika Artha Surya]]>;
<![CDATA[Anak Agung Sagung Laksmi Dewi]]>;
<![CDATA[Luh Putu Suryani]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4138.567-572
<![CDATA[In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.]]>
<![CDATA[Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi ]]>
<![CDATA[Sandi Herintus Kabba]]>;
<![CDATA[I Made Arjaya]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.2.3.4139.573-579
<![CDATA[Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.]]>
